The Police Pensions Regulations 2015

Cited as:SI 2015/445
Jurisdiction:England & Wales

2015No. 445

PUBLIC SERVICE PENSIONS, ENGLAND AND WALES

The Police Pensions Regulations 2015

27thFebruary2015

5thMarch2015

1stApril2015

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(g)( 1), 2(1), 3(1), (2) and (3)(a) and (c), 4(3) and (5) as read with 4(1), 5(2)(c) as read with 5(1), 7(2) as read with 7(1), 8(1)(a)( 2), 12(6) and (7)( 3), 18(5) to (7) and 25(2) of, and paragraph 7 of Schedule 2, Schedule 3, and paragraphs 1(2)(ii), 2(2)(ii) and 5(1) of Schedule 7 to, the Public Service Pensions Act 2013( 4).

In accordance with section 21 of that Act, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.

PART 1

Preliminary

Citation and commencement

1.-(1) These Regulations-

(a) may be cited as the Police Pensions Regulations 2015; and

(b) apply to members of a police force in England and Wales.

(2) These Regulations come into force on 1st April 2015.

Interpretation

2.-(1) In these Regulations-

"the Act" means the Public Service Pensions Act 2013;

"FA 2004" means the Finance Act 2004( 5);

"PA 1995" means the Pensions Act 1995( 6);

"PA 1996" means the Police Act 1996;

"PIA 1971" means the Pensions (Increase) Act 1971( 7);

"PRSPA 2011" means the Police Reform and Social Responsibility Act 2011( 8);

"PSA 1993" means the Pension Schemes Act 1993( 9);

"WRPA 1999" means the Welfare Reform and Pensions Act 1999( 10);

"the 2003 Regulations" means the Police Regulations 2003( 11);

"the 1988 NI police pension scheme" means the scheme constituted by the Royal Ulster Constabulary Pensions Regulations 1988( 12);

"the 1987 scheme" means the scheme constituted by the Police Pensions Regulations 1987( 13);

"1987 transition member" has the meaning given in Schedule 4;

"the 2006 scheme" means the scheme constituted by the Police Pensions Regulations 2006( 14);

"2006 transition member" has the meaning given in Schedule 4;

"the 2009 NI police pension scheme" means the scheme constituted by the Police Pension (Northern Ireland) Regulations 2009( 15);

"the 2015 NI police pension scheme" means a scheme established under the Public Service Pensions Act (Northern Ireland) 2014( 16) for payment of retirement pensions to or in respect of members of the police service in Northern Ireland which comes into force on 1st April 2015;

"the 2015 Scotland police pension scheme" means a scheme established under section 1 of the Act for payment of retirement pensions to or in respect of members of a police force in Scotland which comes into force on 1st April 2015;

"accrued added pension" means-

(a) accrued added (self only) pension (if any); and

(b) accrued added (all beneficiaries) pension (if any);

"accrued added (all beneficiaries) pension", for the purpose of calculating the amount of retirement added pension or the provisional amount of deferred added (all beneficiaries) pension, has the meaning given in regulation 45(6);

"accrued added (self only) pension", for the purpose of calculating the amount of retirement added pension or the provisional amount of deferred added (self only) pension, has the meaning given in regulation 45(5);

"accrued club transfer earned pension", for the purpose of calculating the amount of retirement earned pension or the provisional amount of deferred club transfer earned pension, has the meaning given in regulation 45(4);

"accrued earned pension" means-

(a) in relation to this scheme-

(i) accrued standard earned pension (if any); and

(ii) accrued club transfer earned pension (if any);

(b) in relation to another pension scheme or the existing police pension scheme, accrued rights to benefits under that scheme derived from-

(i) pension which is earned under that scheme; or

(ii) pension which is attributable to a transfer payment received by that scheme;

"accrued pension" means-

(a) accrued earned pension; and

(b) accrued added pension (if any);

"accrued rights", in relation to benefits under this scheme, does not include a right to benefits attributable (directly or indirectly) to a pension credit;

"accrued standard earned pension", for the purpose of calculating the amount of retirement earned pension or the provisional amount of deferred standard earned pension, has the meaning given in regulation 45(3);

"active member", in relation to this scheme, means a person who is in pensionable service( 17) under this scheme;

"active member's account" has the meaning given in regulation 55(2);

"actuarial guidance" means guidance given by the Secretary of State after consultation with the scheme actuary;

"actuarial reduction" has the meaning given in regulation 50(4) (actuarial reduction on early payment of pension);

"actuarial tables" means tables determined by the Secretary of State after consultation with the scheme actuary;

"added pension" means-

(a) added (self only) pension (if any); and

(b) added (all beneficiaries) pension (if any);

"added (all beneficiaries) pension" means added pension payable in respect of a member after the member has died;

"added (self only) pension" means added pension payable to a pensioner member;

"adoption leave" means-

(a) for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(8)(c) of the 2003 Regulations; or

(b) for person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

"adoption support leave" means-

(a) for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(8)(d) of the 2003 Regulations; or

(b) for a person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

"age addition" has the meaning given in regulation 48(3);

"amount of added pension", in relation to a scheme year, means an amount calculated in accordance with regulation 58(7);

"amount of credited pension" has the meaning given in regulation 71(5);

"amount of standard earned pension", in relation to a scheme year, means an amount calculated in accordance with regulation 58(4) (amount of pension for a scheme year);

"annual rate"-

(a) for each description of pension, has the meaning given in Part 7 (retirement benefits); and

(b) in relation to pensionable earnings, means the amount of pensionable earnings payable for a scheme year;

"appeal board" has the meaning given in Schedule 1 (medical decisions: appeals and reconsideration);

"assistant inspector of constabulary" means an assistant inspector of constabulary appointed under section 56 of PA 1996;

"assumed age addition" has the meaning given in regulation 49(3);

"assumed pay", except as otherwise provided in Part 10 (contributions), means the amount of pensionable earnings an active member of this scheme is taken to receive under regulation 34(2) (assumed pay) in respect of a period of assumed pay;

"the beginning date", in relation to a pension not attributable (directly or indirectly) to a pension credit, means the date on which the pension is deemed to begin for the purpose of section 8(2) of PIA 1971( 18);

"career break", in relation to a member of this scheme, means a period of unpaid leave whether or not it exceeds 5 years which is agreed by the employer in accordance with a determination under regulation 33(12) of the 2003 Regulations;

"child's added pension" means a pension payable to an eligible child under regulation 145(4)(d);

"child's earned pension" means a pension payable to an eligible child under regulation 145(4)(a);

"child's enhanced upper tier ill-health pension" means a pension payable to an eligible child under regulation 145(4)(c);

"child's lower tier ill-health pension" means a pension payable to an eligible child under regulation 145(4)(b);

"closing date", in relation to a transition member, has the meaning given in paragraph 1 of Schedule 4 (transitional provisions);

"club scheme" has the meaning given in Part 11 (transfers);

"club transfer arrangements" has the meaning given in Part 11;

"club transfer earned pension" means pension attributable to receipt of a club transfer value payment;

"club transfer value" has the meaning given in Part 11;

"club transfer value payment" has the meaning given in Part 11;

"the commutation amount" means the amount of pension exchanged for a lump sum as a result of the exercise of the option to exchange part of a pension for a lump sum-

(a) exercisable under regulation 124 (option to commute part of pension) in relation to a retirement pension; or

(b) exercisable under regulation 131 (option for pension credit member to commute part of pension) in relation to a pension credit member's pension;

"connected scheme" means another statutory pension scheme that is connected, within the meaning of section 4(6) of the Act, with this scheme;

"continuity of service"-

(a) in relation to service in the 1987 scheme and this scheme, has the meaning given in paragraph 4 of Schedule 4; and

(b) in relation to service in the 2006 scheme and this scheme, has the meaning given in paragraph 5 of that Schedule;

"continuous period of pensionable service", in relation to this scheme, means a period of pensionable service under this scheme disregarding any gap in service not exceeding 5 years;

"death benefits" means benefits payable under Part 9 (death benefits);

"death gratuity" means a gratuity paid under Chapter 8 of Part 9 (death benefits);

"deferred member", in relation to this scheme, has the meaning given in regulation 43;

"deferred member's account" has the meaning given in regulation 64(3);

"description of accrued pension" means accrued pension of a description...

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