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The Police Pensions Regulations (Northern Ireland) 2015

Type Ni-Statutory-Rule

Publication 2015-03-02

Last updated 2026-02-01

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(a) the scheme manager, on a review under another regulation in this Chapter, refers the questions under regulation 115(2) (referral of medical questions - lower tier ill-health pension) to the selected medical practitioner for decision; and

(b) the selected medical practitioner gives a report and certificate on those questions containing the decision that P has ceased to be medically unfit for performing the ordinary duties of a member of the police service.

(9) In paragraph (2), “medical unfitness” means inability occasioned by infirmity of mind or body to engage in any regular employment.

Cancellation of ill-health pension: failure to receive appropriate medical treatment

113

(1) This regulation applies if—

(a) the scheme manager carries out a review under regulation 108 (review of lower tier ill- health pension) or 112 (review and cancellation of enhanced upper tier ill-health pension);

(b) the selected medical practitioner gives P a written notice and certificate stating the opinion that—

(i) P's medical unfitness would be expected to have ceased if P had received normal appropriate medical treatment; and

(ii) P is not receiving, or has not received, appropriate medical treatment; and

(c) the scheme manager gives P a written notice stating the opinion that P's failure to receive appropriate medical treatment is attributable to P's wilfulness or negligence and giving notice of the scheme manager's powers under paragraph (2).

(2) The scheme manager may cease payment of the ill-health pension if the scheme manager decides that—

(a) P's failure to receive appropriate medical treatment is attributable to P's wilfulness or negligence; and

(b) P has persisted in that failure after receiving both—

(i) a written notice from the selected medical practitioner under paragraph (1)(b); and

(ii) a written notice from the scheme manager under paragraph (1)(c).

(3) In this regulation—

“appropriate medical treatment” does not include medical treatment that the scheme manager decides is reasonable for P to refuse ; and

“medical unfitness” means inability occasioned by infirmity of mind or body to perform the ordinary duties of a member of the police service.

Review and cancellation of full retirement pension which came into payment early on the grounds of permanent medical unfitness

114

(1) This regulation applies in relation to a person (P) who—

(a) is receiving payment of a full retirement pension which came into payment early on grounds of permanent medical unfitness ; and

(b) has not reached P's state pension age.

(2) The scheme manager may periodically review whether P's medical unfitness has ceased.

(3) A review may be carried out at intervals of no less than 5 years as the scheme manager in its discretion determines.

(4) The scheme manager must refer the questions in regulation 115(4) (referral of medical questions for purpose of a review-full retirement pension) to a selected medical practitioner for decision.

(5) If the selected medical practitioner gives a report and certificate on the questions referred under regulation 115(4) containing the decision that the member has ceased to be medically unfit for engaging in any regular employment, the scheme manager must cease to make payments of the full retirement pension from the beginning of the next pay period.

(6) In this regulation “medical unfitness” means the inability occasioned by infirmity of mind or body to engage in any regular employment.

Referral of medical questions for purpose of a review

115

(1) This regulation applies in relation to the following reviews.

(2) Where the scheme manager is considering whether the medical unfitness of a person receiving payment of a lower tier ill-health pension but not an enhanced upper tier ill-health pension has ceased or significantly worsened, the scheme manager must refer the following questions to a selected medical practitioner for decision—

(a) whether the person continues to be medically unfit for performing the ordinary duties of a member of the police service; and

(b) if so, whether—

(i) the person is also medically unfit for engaging in any regular employment; and

(ii) that medical unfitness is likely to be permanent.

(3) Where the scheme manager is considering whether the medical unfitness of a person receiving payment of both a lower tier ill-health pension and an enhanced upper tier ill-health pension or full retirement pension has ceased or significantly improved, the scheme manager must refer the following questions to a selected medical practitioner for decision—

(a) whether the person continues to be medically unfit for engaging in any regular employment; and

(b) if not, whether the person continues to be medically unfit for the performance of the ordinary duties of a member of the police service.

(4) Where the scheme manager is considering whether the medical unfitness of a person receiving payment of a full retirement pension which came into payment early on grounds of permanent medical unfitness has ceased, the scheme manager must refer the question whether the person continues to be medically unfit for engaging in any regular employment to a selected medical practitioner for decision.

(5) If the selected medical practitioner decides that the question mentioned in paragraph (2)(a) or a question mentioned in paragraph (3) or (4) is answered in the affirmative, the selected medical practitioner does not need to consider the question as to the likelihood of that medical unfitness continuing permanently.

(6) The decision of a selected medical practitioner on a question referred under this regulation must take the form of a report and a certificate.

(7) A copy of the report and the certificate must be given to the scheme manager and to the member.

(8) That report is final, subject to—

(a) an appeal against the decision under Schedule 1; or

(b) the referral of the decision for reconsideration under Schedule 1.

Refusal to be medically examined

116

The scheme manager may make a decision under this Chapter on such evidence and medical advice as the scheme manager thinks necessary if—

(a) a question as to the medically unfitness of a member of the police service is referred to a selected medical practitioner for decision; and

(b) the member wilfully or negligently fails to submit to any medical examination or to attend any interviews that the selected medical practitioner considers necessary in order to make a decision.

Decision of scheme manager void if appeal against decision of selected medical practitioner is successful

117

(1) A decision of the scheme manager under this Chapter is void if—

(a) the selected medical practitioner decides that —

(i) the member is permanently medically unfit for performing the ordinary duties of a member of the police service; or

(ii) the member is permanently medically unfit for engaging in any regular employment; .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the member appeals under Schedule 1 against the decision of the selected medical practitioner; and

(2) A decision of the scheme manager under this Chapter is void if —

(a) the selected medical practitioner decides that—

(i) the member is not permanently medically unfit for performing the ordinary duties of a member of the police service; or

(ii) the member is not permanently medically unfit for engaging in any regular employment;

(b) the member appeals under Schedule 1 against the decision of the selected medical practitioner; and

CHAPTER 6 — Payment options

Options under this Chapter

118

The options under this Chapter are—

(a) the option under regulation 120 to buy out the early payment reduction;

(b) the option under regulation 121 to defer payment of a retirement added pension;

(c) the option under regulation 122 (option to commute part of pension) to exchange part of a full retirement pension or ill-health pension for a lump sum;

(d) the option under regulation 130 to exchange the whole of the members' accrued pensions for a lump sum.

Exercising an option under this Chapter

119

(1) A member may exercise an option under this Chapter by written notice to the scheme manager in any form the scheme manager requires.

(2) In this Chapter, “option notice” means a notice by which a member exercises an option under this Chapter.

Option to buy out early payment reduction

120

(1) This regulation applies if a member of this scheme claims payment of a full retirement pension under Chapter 2 (full retirement benefits) and—

(a) if the member is an active member, the member has not reached normal pension age under this scheme; or

(b) if the member is a deferred member, the member has not reached the member's state pension age.

(2) The member may opt under this regulation to buy out all or part of the early payment reduction that would otherwise apply to the calculation of the annual rate of full retirement pension.

(3) The cost to buy out all or part of the early payment reduction must be met by way of a special payment to this scheme made by the member.

(4) The cost of buying out the early payment reduction is an amount determined by the scheme manager in accordance with actuarial guidance.

(5) Any special payment made by a member must be made in accordance with the requirements of the scheme manager.

Option to defer payment of retirement added pension

121

(1) This regulation applies in relation to a member of this scheme who, on or after reaching normal pension age under this scheme, becomes entitled to the payment for life of a retirement added pension of any description.

(2) The member may opt under this regulation to defer payment of the retirement added pension of that description.

(3) A member who exercises the option under this regulation becomes a deferred member of this scheme in respect of the retirement added pension of that description and accordingly—

(a) a deferred member's account must be established under Part 5 (pension accounts); and

(b) the amount of retirement added pension of that description must be specified in the deferred member's account as the provisional amount of deferred added pension of that description.

(4) The member is entitled to payment for life of the retirement added pension of that description when the member claims payment of that pension.

(5) A member may only claim payment of a pension under this regulation by giving at least one month's written notice to the scheme manager.

(6) The notice must specify the date from which payment of the pension is claimed.

(7) The annual rate of retirement added pension is calculated in accordance with regulation 66.

Option to commute part of pension

122

(1) A member who becomes entitled to the payment for life of a full retirement pension or ill-health pension under this scheme may opt under this regulation to exchange part of the pension for a lump sum.

(2) An option under this regulation may only be exercised before the first payment of the pension is made.

(3) If a member exercises the option, for every £1 by which the amount of the member's annual rate of full retirement pension or ill-health pension is reduced, the member must be paid a lump sum of £12.

(4) The lump sum may not be more than 25% of the amount advised by the scheme actuary as representing the cash value of the pension.

(5) A member may not exchange pension for lump sum under this regulation to the extent that it would result in a scheme chargeable payment for the purposes of Part 4 of the 2004 Act (see section 241 of that Act) .

(6) If paragraph (7) applies, the member may opt to exchange only so much of the pension that exceeds the guaranteed minimum, multiplied by such factor as is indicated for a person of the member's description in actuarial tables.

(7) This paragraph applies if the member has a guaranteed minimum under section 10 of the 1993 Act in relation to the whole or part of a pension as a result of receipt by this scheme of a transfer payment from another pension scheme in respect of which the member had such a guaranteed minimum.

PART 8 — Benefits for pension credit members

Interpretation

123

In this Part, “claim date” has the meaning given in regulation 125 (claim for payment of pension credit member's pension).

Entitlement to pension credit member's pension

124

A pension credit member (P) of this scheme who has reached normal minimum pension age is entitled to the payment for life of a pension credit member's pension under this scheme if—

(a) the pension sharing order under which P is entitled to the pension credit has taken effect;

(b) P has claimed payment of the pension under this Part; and

(c) the scheme manager is satisfied that on the claim date the requirements of regulation 7(5) of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000 are met.

Claim for payment of pension credit member's pension

125

(1) The claim for payment of a pension credit member's pension may only be made by written notice to the scheme manager.

(2) The notice must specify the date from which payment of the pension is claimed (“claim date”).

(3) The notice must be given at least one month before the claim date.

Payment of pension credit member's pension

126

A pension credit member's pension —

(a) is payable for life; and

(b) is payable in respect of each month as from the claim date.

Annual rate of pension credit member's pension

127

(1) The annual rate of a pension credit member's pension is calculated by—

(a) taking the amount of credited pension specified in the pension credit member's account;

(b) subtracting the early payment reduction (if any) specified in that account in relation to that amount; and

Pension credit member's rights

128

(1) If regulation 7(5) of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000 (early retirement or deferred retirement) applies, the scheme manager must be reasonably satisfied that the requirements of that regulation have been met.

(2) Benefits that are attributable (directly or indirectly) to a pension credit may not be aggregated with any other benefit to which a pension credit member is entitled under this scheme.

(3) If a pension credit member is a dual capacity member, benefits are payable to or in respect of the member in each of the member's capacities.

Option for pension credit member to commute part of pension

129

(1) A pension credit member who becomes entitled to payment of a pension credit member's pension under this scheme may opt to exchange part of the pension for a lump sum.

(2) The option under this regulation may only be exercised—

(a) by written notice to the scheme manager; and

(b) before the first payment of the pension is made.

(3) If a pension credit member exercises the option under this regulation, for every £1 by which the amount of the member's annual rate of pension credit member's pension is reduced, the member must be paid a lump sum of £12.

(4) A pension credit member may not exchange pension for lump sum under this regulation to the extent that it would result in a scheme chargeable payment for the purposes of Part 4 of the 2004 Act (see section 241 of that Act).

(5) This regulation does not apply if the pension debit member from whose rights the pension is derived received a lump sum under Part 7 (retirement benefits) before the date on which the pension sharing order takes effect.

Option for pension credit member to commute whole pension (serious ill-health)

130

(1) This regulation applies in relation to a pension credit member whom a selected medical practitioner certifies has a life-expectancy of less than 12 months.

(2) The pension credit member may opt to exchange the whole of the pension credit member's pension under this scheme for a lump sum.

(3) The option under this regulation (“this option”) may only be exercised—

(a) by written notice to the scheme manager; and

(b) before the first payment of the pension is made.

(4) The lump sum—

(a) is an amount equal to the total annual amount of the pension credit member's pension, multiplied by 5; and

(b) must be paid to the pension credit member as soon as is reasonably practicable after this option is exercised.

(5) In this regulation, “total annual amount” in relation to a pension credit member's pension means the total of—

(a) the annual rate of pension to which the member would be entitled apart from this option, calculated as at the date this option is exercised, but without subtracting the early payment reduction (if any); and

(b) the amount of increase (if any) in the annual rate of that pension under the 1971 Act calculated as at that date.

(6) the payment of a lump sum under this regulation in place of a pension discharges all liabilities under this scheme in respect of that pension.

Application of Part to pension adjustment orders

131

(1) Where a pension adjustment order is made in respect of benefits under this scheme, this Part applies with any modifications the scheme manager considers necessary to give effect to that order.

(2) In this regulation, a “pension adjustment order” means an order made under section 12 of the Irish Family Law Act 1995 .

PART 9 — Death benefits

CHAPTER 1 — Application of Part

Application of Part

132

(1) This Part applies in relation to death benefits payable in respect of a continuous period of pensionable service under this scheme (“period of service”).

(2) In this Part, “active member”, in relation to this scheme, means a person—

(a) who is an active member of this scheme; or

(b) who, for the purpose of determining entitlement to payment of benefits to or in respect of the member, is taken to be an active member of this scheme .

Chapter 2 — Pensions for surviving adults

Surviving adults

133

In these Regulations—

“surviving adult”, in relation to a deceased member of this scheme, means the member's surviving spouse, surviving civil partner or surviving adult partner;

“surviving civil partner”, in relation to a deceased member of this scheme, means a person who was in a civil partnership with the member as at the date of the member's death; and

“surviving spouse”, in relation to a deceased member of this scheme, means a person who was married to the member as at the date of the member's death.

Meaning of “surviving adult partner”

134

(1) A person (P) is a surviving adult partner of a deceased member of this scheme if—

(a) the following conditions are met —

(i) P and the member were cohabiting as partners in an exclusive, committed long-term relationship;

(ii) either P was financially dependent on the member or P and the member were financially interdependent;

(iii) the member was able to marry or form a civil partnership with P; and

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the circumstances in sub-paragraphs (i) to (iii) of paragraph (a) continued to subsist at the time of the member's death; and

(ii) the period of cohabitation had been of at least 2 years' duration at the time of the member's death.

(2) The scheme manager may in its discretion accept a shorter period of cohabitation if satisfied in the particular circumstances of the case that the member and P would have cohabited as partners for at least 2 years had the member not died.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “surviving adult's pension”

135

In these Regulations, “surviving adult's pension” means any of the following pensions payable to a surviving adult under this Chapter—

(a) a surviving adult's earned pension;

(b) a surviving adult's lower tier ill-health pension;

(d) a surviving adult's added pension.

Entitlement to surviving adult's pension

136

(1) This regulation applies in relation to a member who was at the date of death—

(a) an active member of this scheme with at least 2 years qualifying service;

(b) a deferred member of this scheme; or

(2) The surviving adult of the member is entitled to payment for life of a surviving adult's pension as follows—

(a) if the member was entitled to the immediate payment of a retirement earned pension at the date of the member's death, or would have become entitled to such a pension had the member not died, a surviving adult's earned pension;

(b) if the member was entitled to the payment for life of a lower tier ill-health pension at the date of the member's death, a surviving adult's lower tier ill-health pension;

(c) if the member was entitled to the payment for life of both a lower tier ill-health pension and an enhanced upper tier ill-health pension at the date of the member's death, a surviving adult's lower tier ill-health pension and a surviving adult's enhanced upper tier ill-health pension;

(d) if the member was entitled to the payment for life of a retirement added (all beneficiaries) pension as at the date of the member's death or would have become entitled to such a pension had the member not died, a surviving adult's added pension.

(3) The scheme manager may withhold a surviving adult's pension that would otherwise be payable to the surviving spouse, if the member and the surviving spouse married less than 6 months before the member's death;

(4) The scheme manager may withhold a surviving adult's pension that would otherwise be payable to a surviving civil partner if the civil partnership was formed less than 6 months before the member's death.

(5) Paragraphs (3) and (4) are subject to regulation 150 (guaranteed minimum pensions for surviving spouses and civil partners).

Surviving adult's pension payable in respect of pension debit member

137

The annual rate of surviving adult's pension payable in respect of a pension debit member is calculated by reference to the pension debit member's rights under these Regulations as reduced under Article 28 of the 1999 Order.

Annual rate of surviving adult's pensions payable on death of pensioner member

138

(1) This regulation applies on the death of a pensioner member of this scheme (P).

(2) The annual rate of a surviving adult's earned pension is an amount equal to 50% of the annual rate of retirement earned pension calculated without subtracting the early payment reduction (if any).

(3) The annual rate of a surviving adult's lower tier ill-health pension is an amount equal to 50% of the annual rate of P's lower tier ill-health pension.

(4) The annual rate of a surviving adult's enhanced upper tier ill-health pension is an amount equal to 50% of the annual rate of P's enhanced upper tier ill-health pension.

(5) The annual rate of a surviving adult's added pension is an amount equal to 50% of the annual rate of retirement added (all beneficiaries) pension calculated without subtracting the early payment reduction (if any);

(6) In accordance with section 7(4) of the 1971 Act, for the purposes of this regulation there is to be disregarded any increase in the annual rate of a pension since the beginning date for that pension.

Annual rate of surviving adult's pensions payable on death of deferred member

139

(1) This regulation applies on the death of a deferred member of this scheme.

(2) The annual rate of a surviving adult's earned pension is an amount equal to 50% of the sum of the provisional amount of deferred earned pension specified in the deferred member's account.

(3) The annual rate of a surviving adult's added pension is an amount equal to 50% of the provisional amount of deferred added (all beneficiaries) pension specified in the deferred member's account.

(4) In this regulation “deferred earned pension” means —

(a) deferred standard earned pension; and

(b) deferred club transfer earned pension (if any).

Annual rate of surviving adult's pensions payable on death of active member

140

(1) This regulation applies on the death of an active member of this scheme who has at least 2 years qualifying service.

(2) The annual rate of a surviving adult's earned pension is an amount equal to 50% of the annual rate of ill-health pension under this scheme that would have been payable to the member on the date of the member's death had the member met the upper tier threshold.

(3) The annual rate of a surviving adult's added pension is an amount equal to 50% of the amount of retirement added (all beneficiaries) pension that would have been specified in the member's retirement account had the member become entitled to such a pension on the date of the member's death.

Reduction in pensions in cases of wide age disparity

141

(1) This regulation applies if, on the death of a member of this scheme, a surviving adult's pension becomes payable to a surviving adult who is more than 12 years younger than the member.

(2) The annual rate of the surviving adult's pension is reduced by the lower of—

(a) 50% of the amount of the annual rate of the pension calculated under regulation 138,139 or 140; and

$2.5 × ( N − 12 ) %$

CHAPTER 3 — Pensions for eligible children

Meaning of “eligible child's pension”

142

In these Regulations, “eligible child's pension” means any of the following pensions payable to an eligible child under this Chapter—

(a) a child's earned pension;

(b) a child's lower tier ill-health pension;

(d) a child's added pension.

Meaning of “eligible child”

143

(1) In these Regulations, “eligible child”, in relation to a deceased member of this scheme, means a person mentioned in paragraph (2) who meets one of the conditions in paragraph (3)—

(2) The persons are—

(a) a natural child of a member born before the member's death;

(b) a natural child of a member born after member's death if the child's mother was pregnant with the child at the date of the member's death;

(d) any other child or young person who, in the opinion of the scheme manager, at the date of the member's death, was substantially dependent on the member financially or because of physical or mental impairment.

(3) The conditions are—

(a) that the person is under 19 years;

(b) that the person is under 23 years and in full-time education or full time vocational training on a course of at least one year's duration;

(c) that the person is under 23 and, in the opinion of the scheme manager unable to engage in any regular employment because of physical or mental impairment;

(d) that in the opinion of the scheme manager—

(i) the person is dependent on the member at the date of the member's death because of physical or mental impairment;

(ii) the person is unable to engage in any regular employment because of that impairment; and

(iii) that impairment is likely to be permanent.

Eligible child's pension

144

(1) This regulation applies if a member of this scheme dies leaving an eligible child.

(2) An eligible child's pension is only payable in respect of such periods or periods during which a child or young person is an eligible child.

(3) An eligible child's pension is not payable in respect of any period before a child's birth.

(4) An eligible child's pension is payable in respect of an eligible child as follows—

(a) a child's earned pension is payable if the member was entitled to the payment for life of a retirement earned pension as at the date of the member's death or the member would have become entitled to such a pension had the member not died;

(b) a child's lower tier ill-health pension is payable if a lower tier earned pension was payable to the member as at the date of the member's death;

(c) a child's enhanced upper tier ill-health pension is payable if an enhanced upper tier ill-health pension was payable to the member as at the date of the member's death;

(d) a child's added pension is payable if the member was entitled to the payment for life of a retirement added (all beneficiaries) pension as at the date of the member's death or would have become entitled to such a pension had the member not died.

(5) Part 6 of Schedule 4 (transitional provisions) provides for payment of an eligible child's pension in respect of a transition member with continuity of service—

(a) who dies as an active member of this scheme; and

(b) who has at least 2 years' qualifying service.

Annual rate of eligible child's pension

145

(1) The annual rate of an eligible child's pension is determined by reference to the annual rate of the corresponding surviving adult's pension (disregarding any reduction falling to be made under regulation 141 (wide age disparity)) whether or not a surviving adult's pension is payable on the death of the member.

(2) For the purposes of this regulation, the corresponding surviving adult's pensions are—

(a) for a child's earned pension, a surviving adult's earned pension;

(b) for a child's lower tier ill-health pension, a surviving adult's lower tier ill-health pension;

(c) for a child's enhanced upper tier ill-health pension, a surviving adult's enhanced upper tier top up ill-health pension; and

(d) for a child's added pension, a surviving adult's added pension.

(3) If an eligible child's pension is payable in respect of one or 2 eligible children, the annual rate of an eligible child's pension is equal to 50% of the annual rate of the corresponding surviving adult's pension; and

(4) If an eligible child's pension is payable in respect of 3 or more eligible children, the annual rate of eligible child's pension payable to each eligible child is equal to the appropriate fraction of 50% of the annual rate of the corresponding surviving adult's pension.

(5) In this regulation, “the appropriate fraction” means

$$2 Y$where—Yis the number of eligible children in respect of whom the annual rate of an eligible child's pension is calculated.In calculating the annual rate of eligible child's pension payable on the death of a pension debit member of this scheme, the reduction of the pension debit member's benefits under article 28 of the 1999 Order is disregarded.$

CHAPTER 4 — Payment of pensions for surviving adults and eligible children

Payment of pensions under this Part

146

(1) A surviving adult's pension is payable in respect of each month as from the day after the day on which the member dies.

(2) An eligible child's pension is payable—

(a) in respect of each month as from the day after the date of a member's death; or

(b) for an eligible child born after the member's death, in respect of each month as from the day on which that child is born.

(3) An eligible child's pension payable in respect of an eligible child aged under age 18 must be paid—

(a) if the child is in the care of the member's surviving adult, to the surviving adult (unless the scheme manager directs otherwise); and

(b) in any other case, to a person determined by the scheme manager.

(4) A person who receives a sum under paragraph (3) must apply that sum for the benefit of the child.

Suspension and recovery of pensions paid under this Part

147

(1) This regulation applies if—

(a) on a member's death a pension is paid under this Part; and

(b) it later appears to the scheme manager that the member or the person to whom the pension was paid made a false declaration or deliberately suppressed a material fact in connection with the claim for payment.

(2) The scheme manager may—

(a) cease paying the pension; and

(b) recover any payment of the pension.

(3) Paragraph (2) does not affect any other right the scheme manager has to recover a payment or overpayment.

Provisional payment of eligible child's pensions: later adjustments

148

(1) This regulation applies where—

(a) an active member, deferred member or pensioner member of this scheme has died.

(b) a pension is paid in respect of one or more persons under this Part on the basis that they were eligible children at the date of the member's death and that there were then no other eligible children; and

(i) a person in respect of whom an eligible child's pension was paid was not an eligible child on the date of death;

(ii) on that date one or more other persons was an eligible child; or

(iii) a child who was born after the member's death is an eligible child.

(2) The scheme manager may adjust the amount of pension payable in respect of each eligible child to take account of the matters in paragraph (1)(c).

(3) Paragraph (2) does not affect any right of the scheme manager has to recover a payment or an overpayment.

Adjustment of benefits to comply with the 2004 Act where members die over 75

149

(1) This regulation applies if—

(a) a member of this scheme dies after reaching the age of 75; and

(b) apart from this regulation, any part of a pension to which any person becomes entitled under this Part on the death would not qualify as a dependants' scheme pension for the purposes of section 167 of the 2004 Act (the pension death benefit rules) (see paragraphs 16 to 16C of Schedule 28 to that Act).

(2) The benefit payable to the person may be adjusted in any way as determined by the scheme manager so that it qualifies as a dependants' scheme pension for the purposes of section 167 of the 2004 Act.

Guaranteed minimum pensions for surviving spouses and civil partners

150

(1) This regulation applies in relation to a person (P) who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member has a guaranteed minimum under section 13 of the 1993 Act in relation to the member's benefits under this scheme.

(2) Nothing in these Regulations permits or requires anything that would cause requirements under the 1993 Act that relate to such a person or that relate to the rights of such a person not to be met in relation to P;

(3) Nothing in these Regulations prevents anything from being done which is necessary or expedient for the purpose of meeting such requirements in the case of P;

(4) The following paragraphs are without prejudice to the generality of paragraphs (2) and (3).

(5) If apart from this regulation a pension would be payable to P under this Part—

(a) a pension the weekly rate of which is equal to the guaranteed minimum is payable to P for life; or

(b) pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable.

(6) If apart from this regulation the weekly rate of a pension payable to P under this Part would be less than the guaranteed minimum, the pensions payable are increased to the amount specified in paragraph (5).

(7) Paragraphs (5) and (6) do not apply to a pension that is—

(a) forfeited as a result of a conviction for treason; or

(b) forfeited under regulation 206 where the relevant offence within the meaning of that regulation is an offence under the Official Secrets Acts 1911 to 1989 or an applicable offence under the National Security Act 2023 .

CHAPTER 5 — Nominations for lump sum death grants

Nominations for lump sum death grants

151

(1) A member of this scheme may nominate an individual to receive a lump sum death grant.

(2) A nomination may only be made by giving a signed notice to the scheme manager in a form the scheme manager requires.

(3) A member may revoke or alter a nomination by giving a further signed notice to the scheme manager in a form the scheme manager requires.

(4) On receipt of a notice under this regulation, the scheme manager must send the member a written notification of its receipt.

Invalid nominations of individuals

152

(1) If the nomination of an individual is invalid, any lump sum death grant that would have been payable to the individual is payable to the member's legal personal representative.

(2) A nomination of an individual is invalid if—

(a) the individual predeceases the member; or

(b) the individual is convicted of the offence of murder of the member.

(3) The scheme manager may determine that the nomination of an individual is invalid if the individual is convicted of manslaughter of the member or any other offence (apart from murder) of which the unlawful killing or wounding of the member is an element.

Recovery of payment if nomination found to be invalid

153

(1) The scheme manager may recover a lump sum death grant paid to any person if the person's nomination is subsequently found to be invalid.

(2) Paragraph (1) does not affect any other right the scheme manager has to recover a payment or an overpayment.

CHAPTER 6 — Payment of lump sum death grants

Payment of lump sum death grants: general

154

(1) A lump sum death grant is payable in respect of—

(a) an active member of this scheme who dies; or

(b) a pension credit member of this scheme who dies before any benefits attributable (directly or indirectly) to a pension credit become payable.

(2) A lump sum death grant is payable whether or not a surviving adult's pension or death gratuity is payable in respect of the member.

(3) A lump sum death grant is not payable in respect of a member who dies after reaching 75 (see regulation 157 for payment of a pension instead of a lump sum who have reached 75).

Persons who may be paid lump sum death grant

155

(1) The scheme manager must pay a lump sum death grant to any surviving spouse or surviving civil partner of the member, unless immediately before the member's death—

(a) the member and the spouse or civil partner were separated by an order or decree of a competent court; and

(b) the member was not required by the order to contribute, and was not in fact regularly contributing—

(i) to the support of the spouse or civil partner; or

(ii) to the support of a child of the spouse or civil partner.

(2) If a lump sum death grant is not paid under paragraph (1), the scheme manager may in its discretion pay a lump sum death grant to any surviving adult partner of the member, if the surviving adult partner—

(a) claims payment of a surviving adult's pension; and

(b) satisfies the scheme manager that at the time of the member's death—

(i) the circumstances in paragraph (1)(a)(i)to (iii) of regulation 134 (meaning of surviving adult partner) continued to subsist; and

(ii) the member and the surviving adult partner had cohabited for at least 2 years.

(3) The scheme manager may in its discretion accept a shorter period of cohabitation if satisfied in the particular circumstances of the case that the member and P would have cohabited as partners for at least 2 years had the member not died.

(4) Subject to paragraph (5A), if a lump sum death grant is not paid under paragraph (1) or (2), the scheme manager may in its discretion pay a lump sum death grant to a person nominated under regulation 151 (nominations for lump sum death grants) if the nomination has effect at the date of the member's death.

(5) Subject to paragraph (5A), if a lump sum death grant is not paid under paragraph (1), (2) or (4), the scheme manager may in its discretion pay a lump sum death grant to the member's legal personal representative.

(5A) Unless paragraph (5B) applies, the scheme manager must pay a grant to a person of the description in paragraph (2) if a grant was paid to a different person under paragraph (4) or (5) before this paragraph came into operation.

(5B) This paragraph applies where the scheme manager is of the opinion that the person of the description in paragraph (2) has benefited from all the grant paid under paragraph (4) and (5).

(5C) The amount of a grant payable under paragraph (5A) is an amount up to the amount calculated under regulation 160, but the scheme manager may pay such lower amount as it considers appropriate in all the circumstances, if it is of the opinion that the person has benefited from some of the grant paid under paragraph (4) or (5).

Pension protection lump sum death benefit

156

(1) A lump sum death grant is treated for the purposes of the 2004 Act as a pension protection lump sum death benefit if and to the extent that—

(a) the member has given written notice to the scheme manager that the lump sum death grant is to be so treated; and

(b) the lump sum death grant meets all the conditions required by the 2004 Act for it to be treated as a pension protection lump sum death benefit t (see paragraph 14 of Part 2 ( lump sum death benefit rule) of Schedule 29 to the 2004 Act) .

(2) The scheme manager may deduct tax from the lump sum death grant if the scheme manager is liable for tax under section 206 (special lump sum death benefits charge) of the 2004 Act in respect of a pension protection lump sum death benefit.

Payment of pension instead of lump sum death grant for members who have reached 75

157

(1) This regulation applies if an active member dies after reaching 75.

(2) The scheme manager must pay a pension under this regulation to any surviving spouse or surviving civil partner of the member.

(3) If there is no surviving spouse or surviving civil partner, the scheme manager must pay a pension to —

(a) a surviving adult partner of the member; or

(b) a person nominated by the member under regulation 151; or

(4) The restrictions in regulation 154 (payment of lump sum death grant: general) relating to payment of a lump sum death grant also apply to payment of a pension under this regulation.

(5) A pension payable under this regulation is payable in respect of each month as from the date of the member's death for the 5 year period beginning with the date of death.

(6) The amount of each payment must be equal to the sum of—

(a) the amount of pension that would have been payable to the member had the member—

(i) became entitled to payment of the pension on the due date of death; and

(ii) lived until the end of the 5 year period beginning with the date of death; and

(b) any increases in the annual rate of that pension under the 1971 Act during the 5 year period.

CHAPTER 7 — Amount of lump sum death grant

Meaning of “final pay”

158

(1) In these Regulations, “final pay” in relation to a continuous period of pensionable service under this scheme (“period of service”) means the greater of the following amounts—

(a) the amount of a member's pensionable earnings payable in respect of the 12 months ending with the last day of pensionable service;

(b) the amount of a member's pensionable earnings payable in respect of any scheme year in the 10 scheme years immediately before the last active scheme year (“the earnings year”).

(2) For the purpose of determining which of the amounts mentioned in paragraph (1) is the greater—

(a) if the member's period of service was less than 12 months, the amount in paragraph (1)(a) is an amount equal to the member's annualised final pay; and

(b) the amount in paragraph (1)(b) is adjusted for inflation in accordance with paragraph (3).

(3) The amount of pensionable earnings payable in respect of the earnings year is adjusted for inflation by increasing it by the same amount as that by which the annual rate of a pension of an amount equal to the amount of pensionable earnings would have been increased under the 1971 Act by the day following the last day of pensionable service if—

(a) that pension was eligible to be so increased; and

(b) the beginning date for that pension was the first day of the next scheme year after the earnings year.

(4) For the purpose of this regulation—

(a) in respect of a period of assumed pay under this scheme, “pensionable earnings” means the member's assumed pay; and

(b) if the member is a transition member with continuity of service, “pensionable earnings” in respect of any period includes the member's pensionable earnings under the existing police pension scheme before the transition date for that member.

Meaning of “annualised final pay”

159

(1) This regulation applies for the purpose of regulation 158(2)(a) (meaning of “final pay”).

(2) If the member's period of service was less than 12 months, the member's annualised final pay is—

$$FP × 365 N$where—FPis the amount of the member's pensionable earnings payable in respect of that period of service; andNis the number of days in that period.$

(3) But if the period of service includes the day 29th February, paragraph (1) has effect with the substitution for “366” of “365”.

(4) For the purpose of this regulation—

(a) in respect of a period of assumed pay under this scheme, “pensionable earnings” means the member's assumed pay; and

(b) if the member is a transition member with continuity of service, “pensionable earnings” in respect of any period includes the member's pensionable earnings under the existing police pension scheme before the transition date for that member.

Amount of lump sum death grant payable on death of active member

160

(1) This regulation applies in relation to a continuous period of pensionable service under this scheme (“period of service”).

(2) If the member is a transition member with continuity of service, the period of service includes the member's period of pensionable service under the existing police pension scheme before the transition date for that member.

(3) The amount of the lump sum death grant payable in respect of a person (P) who dies as an active member is—

(a) if P's period of service was at least 12 months—

$P's final pay × 3$

(b) if P's period of service was less than 12 months—

$P's annualised final pay × 3$

Amount of lump sum death grant payable on death of pension credit member

161

(1) This regulation applies if a pension credit member of this scheme dies before any benefits derived from a pension credit have become payable to the member.

(2) The amount of the lump sum death grant is equal to—

$annual rate of pension × 3$

where—

Amount payable under court order to former spouse or civil partner

162

(1) This regulation applies if on or after the death of a member of this scheme the scheme manager is required under a court order to pay any part of a lump sum death grant to the member's former spouse or civil partner.

(2) The amount of the lump sum death grant is first determined as if no such order had been made, and then this Part applies as if the amount of the lump sum death grant were reduced by the amount payable under the court order.

CHAPTER 8 — Death gratuities

Application of Chapter

163

This Chapter applies in relation to the sum of all benefits paid or payable in respect of the member's continuous period of pensionable service under this scheme (“the period of service”).

Death gratuities - dependants

164

(1) This regulation applies in relation to a pensioner member or deferred member of this scheme who dies if—

(a) the death results from an injury received in the execution of duty; or

(b) the member dies within 2 years of becoming entitled to the member's retirement pension.

(2) The scheme manager may in its discretion grant a gratuity to any person who at the date of the member's death was in the opinion of the scheme manager—

(a) wholly or partly financially dependent on the member; or

(b) wholly or partly dependent on the member because of physical or mental impairment.

(3) The total amount of any gratuities granted under this regulation must not exceed the sum of all member contributions and payments for added pension made by the member under this scheme.

Death gratuity – estate

165

(1) This regulation applies in relation to a member of this scheme—

(a) who dies as an active member; or

(b) who dies as a deferred member or a pension member of this scheme if the death results from an injury received in the execution of his duty; or

(2) If the sum of the amounts in paragraph (3) is less than the sum of all member contributions and payments for added pension made by the member under this scheme, the scheme manager must pay to the member's legal personal representative a gratuity equal to the difference.

(3) The amounts are—

(a) any amount of pension or lump sum paid to the member in relation to the period of service, together with any increase under the 1971 Act;

(b) the capitalised value (determined by the scheme manager, having regard to actuarial tables) of any surviving adult's pension or eligible child's pension granted in respect of the member's death;

(d) any gratuity granted under regulation 164 (dependants) in respect of the member's death.

(4) For the purpose of an appeal to the Department under regulation 206 (Appeals to the Department), a claim for payment of a gratuity under this regulation is taken to be made on the date of the member's death.

CHAPTER 9 — Prevention of duplication of benefits

Payment of one benefit only in respect of deceased member

166

(1) This regulation applies for the purpose of determining benefits payable to a surviving adult or eligible children (P) in respect of a member's continuous period of pensionable service under this scheme.

(2) P is not entitled to be paid in respect of the member's period of service both—

(a) a surviving adult's pension on or an eligible child's pension; and

(b) an award under the Injury Benefits Regulations.

(3) P may choose which of the benefits in paragraph (2) the person wishes to receive.

(4) If P chooses which benefit P wishes to be paid, the scheme manager must pay P that benefit.

(5) If P does not choose which benefit P the person wishes to be paid the scheme manager must pay P—

(a) the benefit which is for the time being greater; or

(b) if the amount of both benefits is the same, that amount.

PART 10 — Contributions

Amount of pensionable earnings

167

(1) For the purpose of this Part, the amount of a member's pensionable earnings for any period is determined in accordance with this regulation.

(2) The amount of pensionable earnings for any pay period for a person who falls within regulation 4(1)(a) or (c) in full time service as a member of the police service means the rate of pay to which the member is entitled as such a member in that pay period, account being taken of any retrospective increase in that rate.

(3) The amount of pensionable earnings for any pay period for a person who falls within regulation 4(1)(a) or (c) in part-time service is the amount of pensionable earnings that would be payable to that member in that pay period if the member were in full-time service.

(4) For a member who falls within regulation 4(1)(b) the amount of pensionable earnings for any pay period is determined in accordance with regulation 30(1)(c).

(5) Unless paragraph (6), (7) or (8) applies, the amount of the member's pensionable earnings during any period of assumed pay is equal to the member's assumed pay.

(6) For any period of assumed pay under regulation 31(2)(a) (assumed pay-reduced pay), the amount of the member's pensionable earnings is equal to the member's reduced pay while on sick leave, paid adoption leave, paid maternity leave, paid paternity leave, paid parental leave, paid maternity support leave or paid adoption support leave.

(7) For any period of assumed pay under regulation 31(2)(b) or (c) (assumed pay-statutory pay), the amount of the member's pensionable earnings is the amount statutory pay actually paid to or for the member in respect of the period of adoption leave, maternity leave, parental leave, paternity leave, maternity support leave or adoption support leave.

(8) For any period of assumed pay under regulation 31(2)(d) (assumed pay - permanent service), if the service pay is less than the rate of pay (account being taken of any retrospective increase in that rate) to which the member was entitled at the beginning of the period of permanent service, the amount of the member's pensionable earnings is equivalent to that rate of pay.

(9) Paragraphs (5), (6) and (7) do not apply to a member who falls within regulation 4(1)(b) or (d).

Annualised rate of pensionable earnings

168

(1) For the purpose of this Part a member's annualised rate of pensionable earnings is calculated in accordance with this regulation.

(2) Where a member's pensionable earnings for a scheme year are payable to the member in 12 instalments, the member's annualised rate of pensionable earnings is calculated as follows, rounded down to the nearest whole pound—

$$12 P$where P is the amount of a payment of the member's pensionable earnings.$

(3) Where a member's pensionable earnings for a scheme year are payable to the member otherwise than in 12 instalments, the member's annualised rate of pensionable earnings is calculated as follows, rounded down to the nearest whole pound—

$$P × 365 N$where—P is the amount of a payment of the member's pensionable earnings; andN is the number of days in the relevant pay period.$

(4) For the purpose of paragraph (3) the relevant pay period is—

(a) for the first payment of pensionable earnings, the period beginning on the member's first day of pensionable service and ending on the day before the day that this payment of pensionable earnings is made; or

(b) otherwise the period beginning on the day the previous payment of pensionable earnings was made and ending on the day before the day that this payment of pensionable earnings is made.

(5) If the scheme year in which the payment of pensionable earnings is made includes 29th February, paragraph (3) has effect with “366” substituted in place of “ 365 ”.

Rate of member's contributions

169

(1) An active member of this scheme must pay contributions to this scheme (“member contributions”) on the member's pensionable earnings for each pay period at a rate determined under this regulation (“member contributions rate”).

(2) The member contributions rate during a scheme year mentioned in the table is the percentage set out in column 2... of the table which applies to a member's annualised rate of pensionable earnings calculated in relation to each payment of the member's pensionable earnings.

(3) Column 2 sets out the member contributions rate that applies for payment of ill-health benefits under this scheme (“full member contributions rate.”)

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The member contributions rate which applies to a member's pensionable earnings is the rate which applies when the payment of pensionable earnings is made.

(5) For the purpose of paragraph (6), for any pay period in respect of which the member is taken to receive assumed pay, the assumed pay is taken to be paid the payment of the member's pensionable earnings for that pay period would have been made had the circumstances in regulation 31(2) (assumed pay) which apply to the member not applied.

Column 1Annualised rate of pensionable earnings	Column 2Member contribution rate
Less than £60,000	13.66%
£60,000 or more	14.00%

Payment of member contributions

170

(1) Member contributions for each period are to be deducted by the member's employer in respect of the member's pensionable earnings for that pay period.

(2) A member's employer may make contributions on the member's behalf in circumstances determined by the scheme manager.

Option to pay member contributions for period of unpaid leave

171

(1) This regulation applies in respect of an active member of this scheme who returns from a period of—

(a) unpaid adoption leave;

(b) unpaid maternity leave;

(d) unpaid maternity support leave;

(e) unpaid adoption support leave; or

(f) unpaid sick leave.

(2) For the purpose of paragraph (1), unpaid leave does not include any leave in respect of which statutory pay is payable under the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

(3) The member may by written notice to the scheme manager opt to pay the amount of contributions that would have been payable for the period of unpaid leave.

(4) A member may exercise this option in relation to one or more periods of unpaid sick leave if—

(a) each period of unpaid sick leave does not exceed 6 months; and

(b) the total period of unpaid sick does not exceed 12 months.

(5) The option must be exercised by the earlier of —

(a) the end of the 3 month period beginning with the day on which the member returns to work; and

(b) the member's last day of pensionable service under this scheme.

(6) On receipt of a notice under paragraph (3) the scheme manager must calculate the amount of contributions payable and give the member a notice stating that amount.

(7) For the purpose of calculating the amount of contributions payable, the annual rate of the member's pensionable earnings is taken to be the rate that applied immediately before the commencement of the period of unpaid leave.

Payment of member contributions for unpaid leave

172

(1) Within 6 months after receiving the notice under regulation 171(6) (“payment period”), the member must pay to the scheme manager the full amount stated in the notice.

(2) If the member leaves eligible service before the full amount is paid, the member must pay the balance within 2 months of leaving eligible service, as long as this falls within the payment period.

(3) The amount may be paid by—

(a) a lump sum payment made by the member; or

(b) instalments deducted by the member's employer from the member's pay.

(4) If the full amount is not paid by the end of the payment period, the scheme manager taking into account the unpaid amount must determine the period of unpaid leave in respect of which the member is taken to receive pensionable earnings.

(5) The member is taken to have paid the full amount if—

(a) the member dies within the payment period; or

(b) the member dies before the end of the 3 month period beginning with the day on which the member returns to work.

Employer contributions

173

(1) The employer of an active member of this scheme (“the employer”) must pay contributions to this scheme in respect of the member at the rate of 46.6 % of the member's annualised rate of pensionable earnings (“employer contributions”).

(2) Employer contributions must be paid at the intervals the scheme manager, in accordance with actuarial guidance, may for the time being determine.

(3) In addition, the employer must pay the following charges to this scheme at the rate and at the intervals the scheme manager may for the time being determine—

(a) annual administration charges;

(b) any other administrative charges.

Deduction of payments for added pension under Schedule 3

174

Schedule 3 has effect for the purpose of enabling deductions of payments for added pension.

Refund of all member contributions and payments for added pension made by the member

175

(1) This regulation applies in relation to a continuous period of pensionable service under this scheme (“period of service”).

(2) If paragraph (3) applies, the scheme manager must refund all member contributions and payments for added pension made by the member in relation to the period of service.

(3) This paragraph applies if—

(a) the member opted out under regulation 28 (opting out before the end of 3 months); or

(b) the member's pensionable service ceases and—

(i) the member has less than 2 years' qualifying service; and

(ii) if a transfer payment has been received by this scheme in relation to the member, it was from another occupational pension scheme.

(4) Member contributions and payments for added pension made by the member are not refundable if—

(a) a transfer payment has been made in respect of the member's accrued rights to benefits under this scheme; or

(b) a retirement pension has become payable to the member in respect of the period of service.

(5) If paragraph (3)(b) applies, the member is entitled to be paid an amount equal to the sum of all member contributions and payments for added pension made by the member, less an amount equal to the income tax payable under section 205 (short service refund lump sum charge) of the 2004 Act as a result of a refund of those contributions and payments.

(6) If all member contributions and payments for added pension made by the member are refunded under this regulation, the member's rights under this scheme in relation to the period of service are extinguished.

Member repays refund of contributions on rejoining this scheme

176

(1) This regulation applies to a member who—

(a) was in pensionable service under this scheme (“earlier period of service”);

(b) received a refund under regulation 175 (refund of all member contributions and payments for added pension made by the member) in relation to that earlier period of service; and

(2) If within 6 months after re-joining this scheme (or any longer time the scheme manager determines) the member repays to the scheme manager the amount of the refund received under regulation 172 the active member's account must be adjusted to specify the amount of accrued earned pension as at the last day of pensionable service for the earlier period of service.

PART 11 — Transfers

CHAPTER 1 — Preliminary

Application of Part

177

This Part—

(a) supplements the rights conferred by or under Chapter 4 of Part 4 of the 1993 Act (transfer values) and is without prejudice to that Chapter; and

(b) supplements the rights conferred by or under Chapter 5 of that Part (early leavers: cash transfer sums and contribution refunds and is without prejudice to that Chapter.

Interpretation of Part

178

In this Part—

“cash equivalent” in relation to benefits under this scheme other than accrued earned pension, means an amount calculated in accordance with regulations made under section 93 (calculation of cash equivalents) of the 1993 Act ;

“club scheme” means a registered occupational pension scheme (other than a connected scheme) that has agreed to make and receive club transfer value payments under the club transfer arrangements;

“club transfer” means a transfer to or from this scheme under the club transfer arrangements;

“club transfer arrangements” means arrangements approved by the scheme manager as providing reciprocal arrangements between this scheme and other registered occupational pension schemes for making and receiving club transfer value payments;

“club transfer value”, in relation to accrued earned pension under this scheme or under another club scheme, means an amount calculated by the scheme manager—in accordance with the club transfer arrangements; andby reference to the guidance and tables provided by the Government Actuary for this purpose that are in use on the date used for the calculation;

“club transfer value payment” means payment of a club transfer value;

“guarantee date” has the meaning given in regulation 181 (statement of entitlement);

“guaranteed cash equivalent”, in relation to benefits under this scheme other than accrued earned pension, means the cash equivalent of those benefits as at the guarantee date, as specified in a statement of entitlement;

“sending scheme” means a club scheme which pays a club transfer value;

“statement of entitlement”, in relation to the accrued rights to benefits under this scheme of a “deferred member”, means a statement by the scheme manager at the guarantee date setting out —the cash equivalent of benefits under this scheme other than accrued earned pension; andthe club transfer value of accrued earned pension under this scheme.

“transfer payment” means a transfer value payment or a club transfer value payment;

“transfer value” means—for accrued rights to benefits under this scheme(other than rights to accrued earned pension), an amount equal to—the guaranteed cash equivalent of those benefits; orthe guaranteed cash equivalent together with any increase payable under regulation 183 (calculating amount of transfer value or club transfer value); andfor accrued rights to benefits under another pension scheme (other than rights to accrued club transfer earned pension),an amount —determined by the scheme actuary of that scheme; andspecified in a statement of accrued rights provided by the scheme manager of that scheme; and

“transfer value payment” means a payment of a transfer value.

CHAPTER 2 — Transfers out

Transfer payments made to other schemes or pension arrangements

179

(1) Subject to regulation 184 (request for transfer out after member repays to scheme manager a refund received under regulation 183), a transfer payment may only be made in respect of the accrued rights to benefits of a deferred member of this scheme.

(2) A transfer payment may only be made to—

(a) a registered pension scheme that is not a connected scheme; or

(b) a pension arrangement that is a qualifying recognised overseas pension scheme for the purposes of Part 4 of the 2004 Act (see section 169(2) of that Act).

(3) A transfer payment may not be made in respect of rights that are attributable (directly or indirectly) to a pension credit.

(4) A member may only require the scheme manager to use a transfer payment in a way specified in section 91(2) of the 1993 Act.

(5) A member may only require the scheme manager to make a club transfer value payment in the period of 12 months beginning with the day on which the member becomes eligible to be an active member of the club scheme to which the payment is to be made.

(6) If section 92(2) of the 1993 Act applies, benefits attributable to the following may be excluded from the transfer payment—

(a) the member's accrued rights to a guaranteed minimum pension; or

(b) the member's accrued rights attributable to service in contracted-out employment (within the meaning of Part 3 of that Act) on or after 6 April 1997.

Application for a statement of entitlement

180

(1) This regulation applies in relation to a deferred member of this scheme (P) who requires a transfer payment to be made in respect of P's accrued rights to benefits under this scheme.

(2) Before requesting the transfer payment, P must apply for a statement of entitlement by written notice to the scheme manager.

(3) P may withdraw the application by written notice to the scheme manager at any time before the statement is provided.

(4) P may make a second application by written notice to the scheme manager in the period of 12 months beginning with the date of the first application .

Statement of entitlement

181

(1) The scheme manager must specify in the statement of entitlement the date by reference to which the cash equivalent or club transfer value is calculated (“guarantee date”).

(2) Unless paragraph (4) applies, the guarantee date must fall within both the following periods—

(a) the 3 months beginning with the date of the member's application for the statement of entitlement (“the 3 month period”); and

(b) the 10 days ending with the date on which the member is provided with that statement (“the 10 day period”).

(3) In counting the 10 day period, Saturdays, Sundays, Christmas Day, New Year's Day and Good Friday are excluded.

(4) The scheme manager may specify in the statement of entitlement a guarantee date that falls within the 6 months beginning with the date of the member's application for the statement of entitlement if, for reasons beyond the control of the scheme manager, the information needed to calculate the amount of the cash equivalent or club transfer value cannot be obtained before the end of the 3 month period.

Request for transfer payment to be made

182

(1) A deferred member of this scheme who is provided with a statement of entitlement may request a transfer payment to be made in respect of the member's accrued rights to benefits under this scheme.

(2) The request for the transfer payment must—

(a) be made by written notice to the scheme manager;

(b) specify the pension scheme or other pension arrangement to which the transfer payment is to be made; and

(3) The member by written notice to the scheme manager may withdraw the request at any time before the transfer payment is made.

(4) The member may not withdraw the request if an agreement for the use of the whole or part of the transfer payment has already been entered into with a third party.

Calculating the amount of a transfer value or club transfer value

183

(1) If a transfer value is paid later than 6 months after the guarantee date, the amount of the guaranteed cash equivalent must be increased in accordance with regulations made under section 93 of the 1993 Act.

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