The Police Pensions (Part-time Service) Regulations 2005

JurisdictionUK Non-devolved
CitationSI 2005/1439
Year2005

2005 No. 1439

POLICE, ENGLAND AND WALES

PENSIONS, ENGLAND AND WALES

The Police Pensions (Part-time Service) Regulations 2005

Made 26th May 2005

Laid before Parliament 1st June 2005

Coming into force 22th June 2005

The Secretary of State, in exercise of the powers conferred upon him by section 1 of the Police Pensions Act 19761, with the consent of the Treasury2and after consultation with the Police Negotiating Board for the United Kingdom3, hereby makes the following Regulations:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Police Pensions (Part-time Service) Regulations 2005.

(2) These Regulations come into force on 22nd June 2005 but regulation 2, insofar as it relates to paragraphs 2 to 7 of Schedule 1, and regulations 4 and 5 have effect from 1st July 19924.

(3) These Regulations extend to England and Wales only.

S-2 Amendment of the Police Pensions Regulations 1987

Amendment of the Police Pensions Regulations 1987

2. The Police Pensions Regulations 19875are amended in accordance with Schedule 1 to these Regulations.

S-3 Amendment of the Police Pensions (Purchase of Increased Benefits) Regulations 1987

Amendment of the Police Pensions (Purchase of Increased Benefits) Regulations 1987

3. The Police Pensions (Purchase of Increased Benefits) Regulations 19876are amended in accordance with Schedule 2 to these Regulations.

S-4 Interest on late payments

Interest on late payments

4. Where all or part of a sum—

(a) becomes payable under the amendments contained in these Regulations on a date before the date on which these Regulations come into force, and

(b) is or was not paid within three months of the date it became payable,

the police authority in question shall pay the amount or additional amount payable together with interest from the date that payment was due calculated at the rate of 5 per cent per year, compounded with yearly rests.

S-5 Commutation of late payments

Commutation of late payments

5. Any notice of commutation under regulation B7 of the Police Pensions Regulations 1987 in respect of a sum which becomes payable—

(a) under the amendments contained in these Regulations, and

(b) before the date on which these Regulations come into force,

shall be given within six months of the date on which these Regulations come into force.

Hazel Blears

Minister of State

Home Office

23rd May 2005

Vernon Coaker

Joan Ryan

Two of the Lords Commissioners of Her Majesty’s Treasury

26th May 2005

SCHEDULE 1

Regulation 2

AMENDMENTS OF THE POLICE PENSIONS REGULATIONS 1987

Payments to enhance widowers' awards

Payments to enhance widowers' awards

SCH-1.1

1.—(1) Regulation G6 (payments by women members to enhance widowers' awards) is amended as follows.

(2) In paragraph (4) for the words from “by reference” onwards there are substituted the words—

“by reference—

(a)

(a) to the whole of the woman’s pensionable service reckonable by reason of service or employment before 17th May 1990 (see column 1 of the Table), and

(b)

(b) to the woman’s pensionable pay or, in the case of a woman in part-time service, the pay that would be her pensionable pay if she were a full-time member of the police force (see columns 2 and 3 of the Table).”.

(3) After paragraph (4A) there is inserted—

SCH-1.4B

“4B Where a woman has made an election under this regulation to pay additional contributions by periodical payments before the date on which the Police Pensions (Part-time Service) Regulations 2005 come into force and is in part-time service on that date, the payments payable by her shall, subject to paragraph (4C), increase from that date to such amount as is appropriate as a result of paragraph (4)(b).

SCH-1.4C

4C Such a woman may vary the election by notice in writing to the police authority given within the period of 3 months beginning with that date, and that variation shall take effect as from that date.

SCH-1.4D

4D Where—

(a) a woman has made or makes such an election while she is in full-time service, and

(b) her service becomes part-time on or after the date on which the Police Pensions (Part-time Service) Regulations 2005 come into force,

any contributions she is making under the election by periodical payments shall, from the date on which her service becomes part-time and subject to paragraph (4E), increase to such amount as is appropriate as a result of paragraph (4)(b).

SCH-1.4E

4E Such a woman may vary the election by notice in writing to the police authority given within the period of 3 months beginning with the date on which the service becomes part-time, and that variation shall take effect as from that date.

SCH-1.4F

4F Where a woman makes such an election on or after the date on which the Police Pensions (Part-time Service) Regulations 2005 come into force and she is in part-time service on that date, she shall notify the police authority in writing that either—

(a) the contributions payable by her as a lump sum or by periodical payments are to be payable at the same percentage of her pay as if she were in full-time service; or

(b) those contributions are to be payable in accordance with paragraph (4H).

SCH-1.4G

4G Where a woman varies an election under this regulation, the contributions payable by her by periodical payments shall, from the date when the election takes effect, continue to be payable at the same percentage of her pay as before the variation, but the period of the woman’s pensionable service counting as mentioned in paragraph (1) shall be given by the formula—

where—

P is the period that would be the period in years of her pensionable service if periods of part-time service were reckonable as if they were periods of full-time service,

V is the amount of contributions paid by periodical payments, and

F is the amount of contributions that would have been paid by periodical payments had there been no election.

SCH-1.4H

4H Where a woman makes a notification under paragraph (4F)(b), the contributions payable by her as a lump sum or by periodical payments shall be payable at the same percentage of her pay as if she were in full-time service, but the period of the woman’s pensionable service counting as mentioned in paragraph (1) shall be given by the formula set out in paragraph (4G), save that references to contributions paid by periodical payments shall include references to contributions paid as a lump sum.”.

(4) After paragraph 13 there is inserted—

SCH-1.13A

“13A Periodical payments also cease to be payable if the police authority are satisfied that their payment in accordance with the election is causing or is likely to cause financial hardship and have consented to the discontinuance of the payments for such period as they think fit.”.

Ordinary and short service pensions

SCH-1.2

2. For Parts I and II of Schedule B there is substituted—

PART I

POLICEMAN'S ORDINARY PENSION

SCH-1.1

1. Subject to paragraph 6 and Parts VII and VIII of this Schedule, the pension shall be calculated as follows.

SCH-1.2

2.—(1) This paragraph applies where all the service by virtue of which the policeman’s pensionable service is reckonable was full-time.

(2) The amount of the annual pension shall be half of the policeman’s average pensionable pay with the addition of an amount equal to two sixtieths of that pay, multiplied by the period in years by which his pensionable service exceeds 25 years.

(3) Sub-paragraph (2) is subject to paragraph 5.

SCH-1.3

3.—(1) This paragraph applies where—

(a)

(a) some or all of the service by virtue of which the policeman’s pensionable service is reckonable was part-time, and

(b)

(b) if the part-time service had been full-time service, his pensionable service would not exceed 30 years.

(2) The amount of the annual pension is given by the formula—

where—

N is the amount that the pension would be if all the pensionable service were full-time service,

R is the period in years of his pensionable service, and

Q is the period that would be the period in years of his pensionable service if periods of part-time service were reckonable as if they were periods of full-time service.

(3) Sub-paragraph (2) is subject to paragraph 5.

SCH-1.4

4.—(1) This paragraph applies where—

(a)

(a) some or all of the service by virtue of which the policeman’s pensionable service is reckonable was part-time, and

(b)

(b) if the part-time service had been full-time service, his pensionable service would exceed 30 years.

(2) The amount of the annual pension is given by the formula—

where—

N is two thirds of the policeman’s average pensionable pay, and

R is the period in years of his pensionable service.

(3) Sub-paragraph (2) is subject to paragraph 5.

SCH-1.5

5. The amount of the pension may not exceed two thirds of the policeman’s average pensionable pay.

SCH-1.6

6. If the amount of the pension a person would be entitled to in accordance with paragraphs 1 to 4 would be less than it would have been if the person had become entitled to receive an ordinary pension by retiring after due notice from the same police force at an earlier date, then, subject to paragraph 5 and to Parts VII and VIII of this Schedule, the pension is to be a pension of that amount instead.

SCH-1.7

7. For the purposes of paragraph 6, any difference in those amounts attributable to a pension debit is disregarded.

PART II

POLICEMAN'S SHORT SERVICE PENSION

SCH-1.1

1. Subject to Parts VII and VIII of this Schedule, the pension shall be calculated as follows.

SCH-1.2

2. In the case of a policeman all of whose service by virtue of which his pensionable service is reckonable was full-time, the amount of the annual pension shall be equal to the aggregate of—

(a) an amount equal to one sixtieth of the policeman’s average pensionable pay, multiplied by the period in years of his pensionable service up to 20 years, and

(b) an amount equal to two sixtieths of that pay, multiplied by the period in years by which his pensionable service exceeds 20 years.

SCH-1.3

3. In...

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