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The Police Pensions Regulations 1987

Type Statutory-Instrument

Publication 1987-02-20

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) Where it is provided that, for the purpose of calculating an award by way of periodical payments or a gratuity (“the relevant award”), an amount shall be increased in accordance with this Regulation, it shall be increased by the amount, if any, by which a corresponding pension, within the meaning of the Pensions (Increase) Act 1971[^f00028], of the amount first mentioned would from time to time be increased under the Pensions (Increase) Acts if—

(a) it were payable to the person entitled to the relevant award and, in relation thereto, he had the like guaranteed minimum pension (if any) as he has in relation to the relevant award;

(b) it were one of the pensions specified in paragraph 43 of Part II of Schedule 2 to the said Act of 1971;

(d) it began, within the meaning of the said Act of 1971, and became payable when the relevant award so began and became payable.

(2) Where the relevant award is a child’s allowance, the Pensions (Increase) Acts as applied by paragraph (1) shall have effect as if section 3 were omitted from the Pensions (Increase) Act 1971 and, accordingly, the amount first mentioned in paragraph (1) shall be increased so long as the allowance is payable.

Determination of amount of widow’s or child’s flat-rate award and increase thereof by reference to the Pensions (Increase) Act1971

E10

(1) Where, in respect of any week, the amount of a widow’s ordinary or accrued pension or a child’s ordinary or accrued allowance falls to be determined by reference to the husband’s or relevant parent’s rank by reason of an election under paragraph 3 of Part I or paragraph 3 of Part III of Schedule C or under paragraph 5 of Part I, or that paragraph as applied by Part III, of Schedule D, the amount of the award (“the relevant award”) shall be the appropriate sum for the purposes of this Regulation increased in accordance with paragraph (6).

(2) In the case of a widow’s pension the appropriate sum for the purposes of this Regulation shall be, subject to paragraphs (3) and (5)—

(a) where the husband at the time when he ceased to be a regular policeman held a rank higher than that of inspector, £11.39;

(b) where he so held the rank of inspector, £9.48, or

(3) Each of the sums mentioned in paragraph (2) shall be increased by 56p where the relevant award is—

(a) a widow’s ordinary pension and the husband was entitled to reckon at least 10 years' pensionable service, or

(b) a widow’s accrued pension and the husband ceased to serve as a regular policeman on or after 6th April 1975 and would, had he continued so to serve until he could have been required to retire on account of age, have become entitled to reckon at least 10 years' pensionable service.

(4) In the case of a child’s allowance the appropriate sum for the purposes of this Regulation shall be, subject to paragraph (5)—

(a) where the relevant parent at the time when he ceased to be a regular policeman held a rank higher than that of inspector, £3.01 if the allowance would otherwise be determined in accordance with paragraph 1 of Part I of Schedule D or £4.47 if it would otherwise be determined in accordance with paragraph 2 of that Part;

(b) where he so held the rank of inspector, £2.44 if the allowance would otherwise be determined in accordance with the said paragraph 1 or £3.62 if it would otherwise be determined in accordance with the said paragraph 2, or

(c) where he so held a rank lower than that of inspector, £2.07 if the allowance would otherwise be determined in accordance with the said paragraph 1 or £3.05 if it would otherwise be determined in accordance with the said paragraph 2,

and in this paragraph any reference to Part I of Schedule D includes a reference to that Part as applied by Part III of that Schedule.

(5) For the purposes of paragraphs (2) and (4) a chief inspector in the City of London police force shall be treated as if he held a rank higher than that of inspector.

(6) The appropriate sum shall be increased by the amount by which a corresponding pension, within the meaning of the Pensions (Increase) Act 1971, of a weekly amount equal to the said sum would from time to time be increased under the said Act of 1971 in respect of a week if—

(a) it were payable to the person entitled to the relevant award, in relation thereto he had the like guaranteed minimum pension (if any) as he has in relation to the relevant award and he satisfied the qualifying conditions within the meaning of the said Act of 1971;

(b) it were an official pension within the meaning aforesaid;

(d) no account were taken of the provisions of the Pensions Increase (Annual Review) Order 1978[^f00030],

but, in performing the necessary calculations, sums shall be expressed to the nearest penny (a half penny counting as a whole penny).

Part F — Pensionable Service and Transfer Values

Reckoning of pensionable service

F1

(1) The pensionable service reckonable by a member of a police force at any date (in these Regulations referred to as the “relevant date”) shall be determined in accordance with the succeeding provisions of these Regulations:

Provided that there shall not be reckonable by a regular policeman any period of unpaid maternity leave granted in the case of a woman.

(2) Any reference in this Part to approved service reckonable under the former Acts shall include—

(a) a reference to approved service which would have been so reckonable if there had been omitted from section 7(1) of the Police Pensions Act 1921[^f00031] the words “but shall not include” to the end, and

(b) a reference to approved service which would have been so reckonable if there had been omitted from section 8(1) of the said Act the words “in which he has completed not less than one year’s approved service, and”.

(3) Paragraph (1) has effect subject to paragraphs 5 and 6 of Part IV of Schedule J.

Current service

F2

(1) Subject to the provisions of these Regulations, there shall be reckonable by a regular policeman in respect of his service as such in the force in which he is or was serving on the relevant date, being service since he last joined or rejoined that force before that date—

(a) all such service on or after 5th July 1948, and

(b) where he last joined or rejoined the force before 5th July 1948, any period of approved service which he was entitled to reckon immediately before that date under the former Acts.

(2) There shall be reckonable by an auxiliary policeman as pensionable service, in respect of his service in the force in which he is or was serving on the relevant date, all his active service as such since he was last called up for active service before that date.

(3) There shall be reckonable as pensionable service by a member of an overseas corps who is not, or was not, on the relevant date a reversionary member of a home police force all his service as a member of an overseas corps, while not being such a reversionary member, since he last became a member of an overseas corps before the relevant date.

(4) Paragraph (1) has effect subject to paragraph 6(2) of Part VII of Schedule J.

Previous service reckonable without payment

F3

(1) There shall be reckonable by a regular policeman as pensionable service—

(a) where from being a regular policeman in another force he transferred on or after 5th July 1948 to the force in which he is or was serving on the relevant date, any period of pensionable service reckonable by him immediately before the transfer;

(b) where he previously retired with an ill-health pension or a pension under the former Acts from the force in which he is or was serving on the relevant date, that pension was terminated in whole or in part under Regulation K1 or any corresponding provision of the former Regulations or former Acts, and he rejoined the force on or after 5th July 1948, any period of pensionable service or of approved service under the former Acts, as the case may be, reckonable by him at the time he retired;

(c) where he previously retired with a pension under the former Acts in respect of a non-accidental injury from the force in which he is or was serving on the relevant date, and the approved service under the former Acts reckonable by him at the time he retired is reckonable as pensionable service under sub-paragraph (b), the period during which he was in receipt of the pension;

(d) where the relevant date is 15th May 1950 or any later date and he left the Royal Ulster Constabulary with the consent of the chief officer of that force and the approval of the Police Authority for Northern Ireland for the purpose of becoming a regular policeman in a home police force, any period of approved or pensionable service which was reckonable by him, immediately before he so left, for the purposes of the Royal Ulster Constabulary pensions legislation;

(e) where he previously engaged for a period of service in the Royal Ulster Constabulary as mentioned in section 2(1) of the Police Act 1969[^f00032] and he exercises the right of reversion to a home police force conferred by the said section 2(1) or, on that right arising, does not exercise it but joins another home police force, any period of pensionable service which was reckonable by him for the purposes mentioned in sub-paragraph (d), immediately before he left the Royal Ulster Constabulary;

(f) where from being a member of the British Airports Authority constabulary he was transferred to the force in which he is or was serving on the relevant date by an order under section 6 of the Policing of Airports Act 1974[^f00033], any period of pensionable service reckonable by him immediately before the transfer for the purposes of the superannuation scheme then applicable to him:

Provided that— where he was then, for the purposes of that scheme, purchasing added years by annual payments, those added years shall only be taken into account to the extent that they would have been taken into account for the purposes of a deferred pension under the said scheme if he had become entitled to such a pension immediately before he in fact transferred; where he had been granted a back service credit within the meaning of the said scheme which exceeded the previous service by reason of which it was granted, otherwise than by reason of the previous service being wholly or partly service in a particular territory overseas, only that part of the credit which does not exceed the previous service shall be taken into account.

(2) Where a regular policeman—

(a) transferred as mentioned in paragraph (1)(a) during a leap-year beginning on or after 1st January 1984, or

(b) became a regular policeman in a home police force in the circumstances mentioned in paragraph (1)(d) or (e), during a leap-year beginning on or after 1st January 1988,

and throughout the leap-year in question had continuous service as a regular policeman or, as the case may be, as either a regular policeman or a member of the Royal Ulster Constabulary then, notwithstanding anything in paragraph (1)(a), (d) or (e), the pensionable service reckonable by him by reason of his continuous service in that year shall be a year's, and not 366 days', pensionable service.

Previous service reckonable on payment

F4

(1) Subject to Regulation F9(4) (interchange arrangements), there shall be reckonable by a regular policeman as pensionable service, in the circumstances specified in this Regulation, the periods so specified before he last joined or rejoined the force before the relevant date, subject to his having made to the police authority the appropriate payment.

(2) Where before the relevant date he retired without a pension (including a pension under the former Acts) from the same force as that in which he is or was serving on the relevant date—

(a) the period shall be any period of pensionable service or approved service under the former Acts reckonable by him at the time he retired, not being a period of approved service reckonable by virtue of Regulation F2(1)(b), and

(b) the appropriate payment shall be an amount equal to any gratuity, return of pension contributions or rateable deductions, as the case may be, which he may have received on his retirement together with the balance outstanding immediately before his retirement of any sum he had undertaken to pay as mentioned in Part I of Schedule F, so however that where, before his retirement and in pursuance of an election under Regulation 58 or 59 of the Regulations of 1973 or under any of the provisions mentioned in Regulation 57(2) of those Regulations, he had paid additional or further contributions or had made an additional or further payment by way of a lump sum, the appropriate payment shall be reduced by the amount he had paid by way of such contributions or lump sum and he shall be treated for the purposes of these Regulations as having neither paid nor elected to pay such contributions or lump sum.

(3) Where before the relevant date he retired with a deferred pension but has relinquished his entitlement thereto by written notice given to the police authority for the purposes of this Regulation or Regulation F5 (or of the corresponding provisions of the Regulations of 1973), paragraph (2) shall have effect as though he had retired without a pension and, where immediately before his retirement he was paying such additional or further contributions as are mentioned in paragraph (2)(b), the amount he had paid by way of such contributions shall be repaid to him and he shall be treated for the purposes of these Regulations as having neither paid nor elected to pay such contributions.

(4) Where he previously served as a member of the first class of the police reserve, of the Police War Reserve or of Class A of the Women’s Auxiliary Police Corps or, subject to paragraph (6), as a special constable—

(a) the period shall be half the period of active service as a member of the first class of the police reserve during which he was not in receipt of a pension (including a pension under the former Acts), half the period of active service as a member of the Police War Reserve, half the period of active service as a member of the Women’s Auxiliary Police Corps, whether in Class A of that Corps or otherwise, or half the period of service as a special constable while serving as such in a whole-time capacity and in receipt of pay in respect of such service, as the case may be, and

(b) the appropriate payment shall be 5% of, in the case of a man, £4.50, or in the case of a woman, £3.95, in respect of each week which he is entitled under this paragraph to reckon as pensionable service.

(5) Where he was a person to whom section 1 of the Police and Firemen (War Service) Act 1939[^f00034], as extended by Regulation 60DA of the Defence (General) Regulations 1939[^f00035], applied—

(a) the period shall be the period during which he was engaged in war work within the meaning of the said Defence Regulation during the year 1947, and

(b) the appropriate payment shall be the aggregate of the payments that he would have been required to make under the said Act as so extended in respect of the said period if the emergency that was the occasion of the passing of that Act had not come to an end.

(6) Except where the appropriate payment has been made before 1st January 1963, the references in paragraph (4) to a special constable shall be construed as references only to a special constable appointed—

(a) in England and Wales, under the Special Constables Act 1831[^f00036] or section 196 of the Municipal Corporations Act 1882[^f00037];

(b) in Scotland, under section 96 of the Burgh Police (Scotland) Act 1892[^f00038] or the corresponding provisions of any local enactment.

(7) Paragraph (3) has effect subject to paragraph 4 of Part IV of Schedule J.

Previous service reckonable at discretion of police authority

F5

(1) Subject to Regulation F9(4) (interchange arrangements), if the appropriate police authority in their discretion have so decided, there shall be reckonable by a regular policeman as pensionable service, in the circumstances specified in this Regulation, the periods so specified before he last joined or rejoined the force before the relevant date, subject, in the case of such a period as is mentioned in paragraph (2), to his having made to that police authority the appropriate payment.

(2) Where before the relevant date he ceased to serve as a regular policeman without a pension (including a pension under the former Acts)—

(a) the period shall be the whole of any period of pensionable service, or approved service under the former Acts, reckonable by him at the time he ceased to serve, not being a period reckonable by virtue of Regulation F2(1)(b) or F4(2), or so much of that period as the appropriate police authority in their discretion think fit;

(b) the appropriate police authority shall be the authority of the force in which he is or was serving on the relevant date, and

(c) the appropriate payment shall be the whole or the proportionate part of an amount equal to any gratuity or return of pension contributions or rateable deductions, as the case may be, which he may have received on ceasing to serve together with the balance outstanding immediately before so ceasing of any sum he had undertaken to pay as mentioned in Part I of Schedule F so however that where, before so ceasing and in pursuance of an election under Regulation 58 or 59 of the Regulations of 1973 or under any of the provisions mentioned in Regulation 57(2) of those Regulations, he had paid additional or further contributions or had made an additional or further payment by way of a lump sum, the appropriate payment shall be reduced by the whole or the proportionate part of the amount he had paid by way of such contributions or lump sum and he shall be treated for the purposes of these Regulations as having neither paid nor elected to pay such contributions or lump sum.

For the purposes of sub-paragraph (c) where the police authority exercise their discretion under sub-paragraph (a) so as to allow the policeman to reckon as pensionable service part only of the period first mentioned therein, “the proportionate part” means the part which bears the same proportion to the whole as that part of the period so mentioned bears to the whole thereof.

(3) Where before the relevant date he ceased to serve with a deferred pension but has relinquished his entitlement thereto by written notice given to the police authority for the purposes of this Regulation or of Regulation F4 (or of the corresponding provisions of the Regulations of 1973), paragraph (2) shall have effect as though he had ceased to serve without a pension and, where immediately before ceasing to serve he was paying such additional or further contributions as are mentioned in paragraph (2)(c), the amount he had paid by way of such contributions shall be repaid to him by the police authority of the force in which he ceased to serve and he shall be treated for the purposes of these Regulations as having neither paid nor elected to pay such contributions:

Provided that the police authority shall not so exercise their discretion under paragraph (2)(a) that the period of pensionable service reckonable thereunder is less than that taken into account for the purposes of calculating the deferred pension.

(4) Where a serviceman (1939–1945), after receiving a pension under the Police and Firemen (War Service) Acts 1939 and 1944[^f00039], rejoined the force in which he is or was serving on the relevant date, being the force of the police authority by whom the pension was payable—

(a) the period shall be the whole of the period for which he was in receipt of the said pension or such part thereof as the said police authority have, in their discretion, decided shall be reckonable;

(b) the appropriate police authority shall be the police authority of the force in which he is or was serving on the relevant date.

(5) Paragraphs (2) and (3) have effect subject to paragaph 4 of Part IV of Schedule J.

Previous service reckonable under current interchange arrangements

F6

(1) Save as provided in paragraphs (2) and (5), this Regulation shall apply to a regular policeman—

(a) who before he last became a regular policeman before the relevant date was in service or employment (otherwise than as a member of a police force) by reason of which he was subject to superannuation arrangements in pursuance of which a transfer value may be paid to the police authority (in this Regulation and in Section 2 of Part II of Schedule F such service or employment and such superannuation arrangements are referred to as “former service” and “former superannuation arrangements”);

(b) subject to paragraph (3), who, before the relevant date, last became a regular policeman on or after 1st April 1972, and

(c) in respect of whom a transfer value relating to his former service has, in pursuance of his former superannuation arrangements, been paid to the police authority of the force in which he is serving on the relevant date.

(2) This Regulation shall not apply in the case of a regular policeman who, before the relevant date, last became such before 6th April 1978 if either—

(a) he or his widow elected under paragraph (1A) of Regulation 51 of the Regulations of 1973 that that Regulation should apply in his case, or

(b) such a transfer value as is mentioned in paragraph (1)(c) was received in his case before 1st January 1974.

(3) If the police authority have so determined in the case of a particular regular policeman who, before the relevant date, last became such on or after 5th July 1948 but before 1st April 1972, this Regulation shall have effect as if paragraph (1)(b) were omitted.

(4) There shall be reckonable by a regular policeman to whom this Regulation applies, in respect of his former service, a period of pensionable service calculated in accordance with Sections 2 and 3 of Part II of Schedule F.

(5) Notwithstanding anything in this Regulation, the provisions thereof shall not apply—

(a) where the regular policeman concerned is entitled to reckon pension-able service under Regulation F3(1)(d), (e) or (f) by reason of former service in the Royal Ulster Constabulary or in the British Airports Authority constabulary; or

(b) where the regular policeman concerned had a guaranteed minimum in relation to the pension provided by the former superannuation arrangements unless—

(i) those arrangements are of a kind mentioned in paragraph 1(2) of Section 2 of Part II of Schedule F, or

(ii) that guaranteed minimum is no greater than a notional deferred pension calculated by reference to the pensionable service which, under the said Section 2, would be reckonable if the transfer value were paid.

Previous service reckonable under preserved interchange arrangements

F7

(1) Save as provided in paragraph (2) and subject to paragraph 5 of Section 1 of Part III of Schedule F, this Regulation shall apply to a regular policeman—

(a) who before he last became a regular policeman before the relevant date was in such service or employment as is mentioned in Section 1, 2 or 3 of Part III of Schedule F by reason of which he was subject to superannuation arrangements (in this Regulation such service or employment and the Section in which it is mentioned are referred to as “former service” and “the Section in question” and such superannuation arrangements are referred to as “former superannuation arrangements”);

(b) who has served as a regular policeman on or after the date specified in the Section in question in relation to his former service;

(c) who last became a regular policeman before the relevant date within 12 months of the termination of his former service or within such longer period as may be agreed, in the circumstances of his case, between the police authority and the authority specified in the Section in question in relation to his former service;

(d) in respect of whom such a transfer value relating to his former service as is mentioned in the Section in question has been paid to the police authority of the force in which he is or was serving on the relevant date, and

(e) who, within 6 months of the date specified in the Section in question in relation to the former service or 3 months of last becoming a regular policeman before the relevant date, whichever is the later, or within such longer period as the police authority may allow in his case—

(i) has paid, or has undertaken to pay as mentioned in Part I of Schedule F, a sum equal to the balance of any liability outstanding, immediately before he ceased to be engaged in his former service, in respect of payments or contributions he was then making as a condition of reckoning past service as contributing service or otherwise for the purposes of the former superannuation arrangements, being service taken into account for the purpose of calculating the transfer value referred to in sub-paragraph (d), and

(ii) has paid to the police authority a sum equal to the amount, if any, by which the transfer value referred to in sub-paragraph (d) falls to be reduced on account of any sum paid to him under the former superannuation arrangements by way of return of contributions.

(2) Nothing in this Regulation shall apply—

(a) in the case of a regular policeman who, before the relevant date, last became a regular policeman on or after 1st April 1972 unless he last so became such before 6th April 1978 and either—

(i) paragraph (1)(d) was satisfied in his case before 1st January 1974, or

(ii) he or his widow elected under paragraph (1A) of Regulation 51 of the Regulations of 1973 that that Regulation should apply in his case;

(b) in relation to the transfer of a member of the British Airports Authority constabulary to a police force by an order under section 6 of the Policing of Airports Act 1974[^f00040], or

(c) in relation to a regular policeman in whose case Regulation F6 applies in consequence of the exercise by the police authority of the discretion mentioned in paragraph (3) of that Regulation.

(3) Subject to paragraph (4), there shall be reckonable by a regular policeman to whom this Regulation applies, as pensionable service in respect of his former service, 3 quarters of the period specified in paragraph (5).

(4) Where under the former superannuation arrangements—

(a) the maximum pension payable (otherwise than on retirement occasioned by injury or ill-health) is payable where the person concerned has been engaged for a period of 30 years in service which counts in full for the purposes of those arrangements, or

(b) after 20 years of such service, each year of service counts as 2 years service for the said purposes,

paragraph (3) shall not apply but there shall be reckonable as therein mentioned the whole of the period specified in paragraph (5) so, however, that, where under the former superannuation arrangements such provision as is mentioned in sub-paragraph (a) or (b) is made in relation only to service or employment of a description designated therein (in this paragraph referred to as “designated service”) and the regular policeman’s former service included designated service, there shall be reckonable as aforesaid—

(i) the whole of that part of the period specified in paragraph (5) as is referable to designated service, and

(ii) 3 quarters of that part of that period as is not so referable.

(5) The period referred to in paragraphs (3) and (4) shall be—

(a) the period of service which is reckonable for the purpose of calculating the transfer value referred to in paragraph (1)(d), or

(b) where separate calculations are made in respect of contributing and non-contributing service reckonable for the purpose of calculating the said transfer value, the aggregate of the period of contributing service and half the period of non-contributing service which is so reckonable.

Transfer values payable between police authorities

F8

(1) This Regulation shall apply where a regular policeman—

(a) by reason of previous service in a police force becomes entitled to reckon pensionable service either—

(i) by virtue of Regulation F3(1)(a), or

(ii) by virtue of Regulation F5 in the circumstances mentioned in paragraph (2) of that Regulation (including that paragraph as it has effect by virtue of paragraph (3) thereof), or

(b) has left a police force and joined the Royal Ulster Constabulary with such consent as is mentioned in Regulation A17(2) and the police authority for Northern Ireland are contingently liable to make payments to or in respect of him under the Royal Ulster Constabulary pensions legislation;

and in this Regulation any reference to the former force or police authority is a reference to the police force mentioned in sub-paragraph (a) or, as the case may be, sub-paragraph (b) or the police authority of that force and any reference to the current police authority is a reference to the police authority of the force of which the regular policeman is a member, or, as the case may be, to the police authority for Northern Ireland.

(2) Where this Regulation applies the former police authority shall pay to the current police authority a transfer value calculated in accordance with Sections 1 and 3 of Part II of Schedule F:

Provided that where the current police authority exercise their discretion under Regulation F5(2)(a) to permit the reckoning as pensionable service of part only of the period mentioned therein, only the corresponding proportion of the transfer value calculated as aforesaid shall be payable.

(3) Where this Regulation applies and the person concerned was entitled to an award on retiring from his former force but has received no payment in respect thereof, he shall cease to be so entitled.

(4) Paragraph (2) has effect subject to paragraph 1(2) of Part V of Schedule J.

Transfer values payable under interchange arrangements

F9

(1) Save as provided in paragraph (2) and subject to paragraph (5), this Regulation shall apply to a regular policeman—

(a) who, not having attained state pensionable age, retires or retired on or after 1st April 1972 and—

(i) was not entitled to a pension on so retiring or, if so entitled, has neither received any payment in respect thereof nor given any notice of commutation relating thereto which has become effective, and

(ii) has not received any award on so retiring by way of repayment of his aggregate pension contributions or a gratuity;

(b) who subsequently enters or entered service or employment (otherwise than as a member of a police force) by reason of which he is subject to superannuation arrangements (hereafter in this Regulation referred to as “new service”) and in his new service is, or subject to the payment of a transfer value would be, entitled to reckon service for superannuation purposes by reason of his service as a member of a police force, and

(c) who, within 6 months of entering the new service, or within such longer period as the police authority may allow in the circumstances of the particular case, has given written notice to the police authority maintaining his former force of his desire that this Regulation should apply in his case.

(2) Nothing in this Regulation shall apply to a regular policeman—

(a) in whose case a transfer value—

(i) is payable or has been paid to the police authority for Northern Ireland under Regulation F8 or Regulation 84 of the Regulations of 1973, or

(ii) where he retired before 6th April 1978, has been paid before that date under the Regulations of 1973 as originally made, or

(b) who has a guaranteed minimum in relation to the pension provided by these Regulations unless either—

(i) the superannuation arrangements applicable to the new service constitute a contracted-out scheme in relation to him when the transfer value is paid, or

(ii) a contributions equivalent premium relating to the period ending with his retirement has been paid in respect of him by the police authority and not repaid.

(3) Where this Regulation applies the police authority of the force from which the regular policeman retired (“the former police authority”) may pay a transfer value calculated in accordance with Sections 1 and 3 of Part II of Schedule F to the authority or person empowered to receive such payments for the purposes of the superannuation arrangements applicable to the new service and shall so pay such a transfer value where those superannuation arrangements—

(a) are contained in a public general Act of Parliament or were made under such an Act by a Minister of the Crown, or

(b) are contained in Northern Ireland legislation being public general legislation or were made under such legislation by a Minister of the Crown (including a Northern Ireland Minister) or by a Northern Ireland ministry, department or head of department, or

(c) are contained in a retirement benefits scheme approved under Chapter II of Part II of the Finance Act 1970[^f00041] or section 222 of the Income and Corporation Taxes Act 1970[^f00042], or

(d) provide for the purposes thereof for a superannuation fund which is wholly approved under section 208 of the Income and Corporation Taxes Act 1970, or

(e) provide, in the event of the regular policeman again becoming such in his former police force, for the payment of a transfer value which the police authority are satisfied would be calculated in like manner as under any superannuation arrangements contained in, or made by a Minister of the Crown under, a public general Act of Parliament.

(4) Where the former police authority decided, or were required, to pay a transfer value as mentioned in paragraph (3)—

(a) if the regular policeman concerned was, on retiring, entitled to a pension or such an award as is mentioned in paragraph (1)(a)(ii), he shall cease to be so entitled, and

(b) if he again becomes a regular policeman, neither Regulation F4 nor F5 (reckoning of previous service) shall apply in relation to the pensionable service which he was entitled to reckon at the time he retired unless before 1st April 1987 the former police authority had decided, or were required, to pay a transfer value in pursuance of Regulation 85 of the Regulations of 1973.

(5) In the case of a regular policeman who has received such an award as is mentioned in paragraph (1)(a)(ii) but has—

(a) entered the new service within 12 months of retiring or such longer period as the former police authority may allow in the circumstances of his case, and

(b) within 6 months of entering the new service, or within such longer period as the former police authority may allow in the circumstances of his case, has paid to that authority an amount equal to that of the said award,

paragraph (1) shall have effect as if sub-paragraph (a)(ii) were omitted.

Part G — Pensionable Pay and Contributions

Pensionable and average pensionable pay

G1

(1) The pensionable pay of a member of a police force at any time means his pay at the rate to which he is or was then entitled, account being taken of any retrospective increase in that rate.

(2) The average pensionable pay of a member of a police force shall, subject to paragraphs (3) and (4), be the aggregate of his pensionable pay in respect of the period of a year ending with the relevant date:

Provided that where he was entitled to pensionable pay for part only of that period, the said aggregate shall be multiplied by the reciprocal of the fraction of the year for which he was entitled to pensionable pay.

(3) Where the amount of a member of a police force’s average pensionable pay, determined in accordance with paragraph (2), is less than the amount it would have been had he not suffered a temporary reduction in rate of pay by way of punishment, it shall be increased by the difference between the two said amounts.

(4) Where the amount of a member of a police force’s average pensionable pay, determined in accordance with paragraphs (2) and (3), is less than the amount it would have been had the relevant date been the corresponding date in one of the two preceding years (whichever year yields the higher amount), it shall be increased by the difference between the two said amounts.

(5) Where an award is made to or in respect of a member of a police force the relevant date for the purpose of determining his average pensionable pay shall be—

(a) in the case of a regular policeman, the date of his last day of service as such in the force of the police authority by whom the award is payable;

(b) in the case of an auxiliary policeman, the date of the last day of the continuous period of active service as such during which he received the injury which resulted in disablement or death;

(c) in the case of an overseas policeman who is not a reversionary member of a home police force, the date of the last day of the tour of overseas service during which he received the injury which resulted in disablement or death.

(6) Where a regular policeman has served as a member of the Royal Ulster Constabulary on or after 1st May 1970 and during part of the period of 3 years ending with the date mentioned in paragraph (5)(a), then paragraphs (2), (3) and (4) shall have effect in his case as if any reference in paragraph (2) to pensionable pay included a reference to such pay within the meaning of the Royal Ulster Constabulary pensions legislation.

(7) For the purposes of these Regulations, a serviceman shall be deemed to be entitled, in respect of his period of relevant service in the armed forces, to the pay to which he would have been entitled if he had continued to serve in his former force.

(8) Where for the purpose of calculating an award to a widow, child or dependent relative it is necessary to determine average pensionable pay for a week, it shall be taken to be average pensionable pay divided by 52⅙.

(9) Paragraph (2) has effect subject to paragraph 5(4)(c) of Part VII of Schedule J.

Pension contributions payable by regular policeman

G2

(1) A regular policeman shall pay to the police authority pension contributions at the rate of 1p a week less than—

(a) in the case of a man, 11% of his pensionable pay, or

(b) in the case of a woman, 8% of her pensionable pay.

(2) The pension contributions payable under paragraph (1) upon each instalment of pay shall fall due at the same time as that instalment and may, without prejudice to any other method of payment, be discharged by way of a reduction of the appropriate amount made by the police authority from the said instalment.

Additional and further contributions

G3

(1) This Regulation shall apply to a regular policeman who elected, in accordance with Regulation 58(2) or (3) of the Regulations of 1973, to pay additional or further pension contributions, and whose liability thereunder to pay those contributions did not cease before 1st April 1987.

(2) A man to whom this Regulation applies shall continue to pay additional or, as the case may be, further pension contributions until, subject to paragraph (4), the relevant date mentioned in paragraph (3), and Schedule G shall have effect for the purpose of calculating the amount of such additional or further pension contributions.

(3) For the purposes of paragraph (2), the relevant date is the date on which the man becomes entitled to reckon 25 years' pensionable service so, however, that in determining the said date there shall be disregarded pensionable service reckonable by reason of service or employment before 1st April 1973 which he was not entitled to reckon on 1st April 1973.

(4) Additional or further pension contributions payable under this Regulation shall cease to be payable on retirement; but where a regular policeman was paying such contributions immediately before retiring with an ordinary pension that pension shall be reduced in accordance with paragraph 6 of Part VIII of Schedule B.

(5) Regulation G2(2) shall apply in relation to the payment of additional or further contributions under this Regulation as it applies in relation to the payment of pension contributions under Regulation G2(1).

Part H — Appeals and Medical Questions

Reference of medical questions

H1

(1) Subject as hereinafter provided, the question whether a person is entitled to any and, if so, what awards under these Regulations shall be determined in the first instance by the police authority.

(2) Where the police authority are considering whether a person is permanently disabled, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions—

(a) whether the person concerned is disabled;

(b) whether the disablement is likely to be permanent;

and, if they are further considering whether to grant an injury pension, shall so refer the following questions:—

(d) the degree of the person’s disablement;

and, if they are considering whether to revise an injury pension, shall so refer question (d) above.

(3) A police authority, if they are considering the exercise of their powers under Regulation K3 (reduction of pension in case of default), shall refer for decision to a duly qualified medical practitioner selected by them the question whether the person concerned has brought about or substantially contributed to the disablement by his own default.

(4) The decision of the selected medical practitioner on the questions referred to him under this Regulation shall be expressed in the form of a certificate and shall, subject to Regulations H2 and H3, be final.

Appeal to medical referee

H2

(1) Where a person has been informed of the determination of the police authority on any question which involves the reference of questions under Regulation H1 to a selected medical practitioner, he shall, if, within 14 days after being so informed or such further period as the police authority may allow, he applies to the police authority for a copy of the certificate of the selected medical practitioner, be supplied with such a copy.

(2) If the person concerned is dissatisfied with the decision of the selected medical practitioner as set out in his certificate, he may, within 14 days after being supplied with the certificate or such longer period as the police authority may allow, and subject to and in accordance with the provisions of Schedule H, give notice to the police authority that he appeals against the said decision, and the police authority shall notify the Secretary of State accordingly, and the Secretary of State shall appoint an independent person or persons (hereafter in these Regulations referred to as the “medical referee”) to decide the appeal.

(3) The decision of the medical referee shall, if he disagrees with any part of the certificate of the selected medical practitioner, be expressed in the form of a certificate of his decision on any of the questions referred to the selected medical practitioner on which he disagrees with the latter’s decision, and the decision of the medical referee shall, subject to the provisions of Regulation H3, be final.

Further reference to medical authority

H3

(1) A court hearing an appeal under Regulation H5 or a tribunal hearing an appeal under Regulation H6 may, if they consider that the evidence before the medical authority who has given the final decision was inaccurate or inadequate, refer the decision of that authority to him for reconsideration in the light of such facts as the court or the tribunal may direct, and the medical authority shall accordingly reconsider his decision and, if necessary, issue a fresh certificate which, subject to any further reconsideration under this paragraph, shall be final.

(2) The police authority and the claimant may, by agreement, refer any final decision of a medical authority who has given such a decision to him for reconsideration on fresh evidence, and he shall accordingly reconsider his decision and, if necessary, issue a fresh certificate, which, subject to any further reconsideration under this paragraph or paragraph (1), shall be final.

(3) If a court or tribunal decide, or a claimant and the police authority agree, to refer a decision to the medical authority for reconsideration under this Regulation and that medical authority is unable or unwilling to act, the decision may be referred to a duly qualified medical practitioner selected by the court or tribunal or, as the case may be, agreed upon by the claimant and the police authority, and his decision shall have effect as if it were that of the medical authority who gave the decision which is to be reconsidered.

(4) In this Regulation a medical authority who has given a final decision means the selected medical practitioner, if the time for appeal from his decision has expired without an appeal to a medical referee being made, and the medical referee, if there has been such an appeal.

Refusal to be medically examined

H4

If a question is referred to a medical authority under Regulation H1, H2 or H3 and the person concerned wilfully or negligently fails to submit himself to such medical examination or to attend such interviews as the medical authority may consider necessary in order to enable him to make his decision, then—

(a) if the question arises otherwise than on an appeal to a medical referee, the police authority may make their determination on such evidence and medical advice as they in their discretion think necessary;

(b) if the question arises on an appeal to a medical referee, the appeal shall be deemed to be withdrawn.

Appeal by a member of a home police force

H5

(1) Where a member of a home police force, or a person claiming an award in respect of such a member, is aggrieved by the refusal of the police authority to admit a claim to receive as of right an award or a larger award than that granted, or by the forfeiture under Regulation K5 by the police authority of any award granted to or in respect of such a member, he may, subject to Regulation H7, appeal to the Crown Court and that court, after enquiring into the case, may make such order in the matter as appears to it to be just.

(2) In the case of a member of a Scottish police force, paragraph (1) shall have effect as if any reference to the Crown Court were a reference to the sheriff having jurisdiction in the place where the person concerned last served as such a member.

(3) The provisions of section 5(1) and (5) of the Police Pensions Act 1948[^f00043] (appeals), as they have effect under section 12(2) of the Police Pensions Act 1976[^f00044], shall not apply in relation to an award under these Regulations.

Appeal by overseas policeman, inspector of constabulary or central police officer

H6

(1) This Regulation shall apply in relation to—

(a) an overseas policeman;

(b) an inspector or assistant inspector of constabulary, or

and any such person is hereafter in this Regulation referred to as an officer to whom this Regulation applies.

(2) Where an officer to whom this Regulation applies, or a person claiming an award in respect of such an officer, is aggrieved by the refusal of the Secretary of State as police authority to admit a claim to receive as of right an award or a larger award than that granted, or by the forfeiture under Regulation K5, by the Secretary of State as police authority, of any award granted to or in respect of such an officer, he may, subject to Regulation H7, give notice of appeal to the Secretary of State; and any such notice shall be in writing and shall specify the grounds of the appeal.

(3) The Secretary of State, on receiving such notice of appeal, shall appoint an appeal tribunal (hereafter in this Regulation referred to as the tribunal), consisting of 3 persons, including a barrister or solicitor of not less than 7 years' standing and a retired member of a police force who, before he retired, held a rank not lower than that of superintendent.

(4) The time and place for the hearing, or any postponed or adjourned hearing, of the appeal shall be determined by the tribunal, which shall give reasonable notice thereof to the appellant and to the Secretary of State as police authority (hereafter in this Regulation described as the parties).

(5) Either party may be represented before the tribunal by counsel, by a solicitor or by such other person as appears to him appropriate, adduce evidence and cross-examine witnesses.

(6) In the case of an appeal under this Regulation the tribunal shall have regard to the practice of the Crown Court in the case of an appeal under Regulation H5 and the rules of evidence applicable in the case of such an appeal shall apply in the case of an appeal under this Regulation.

(7) Subject to the preceding provisions of this Regulation, the tribunal shall determine its own procedure.

(8) The tribunal, after enquiring into the case and arriving at a decision thereon, may make such order in the matter as appears to it just, which order shall state the reasons for the decision; and each of the parties shall be entitled to a copy of any such order.

(9) An appeal shall lie on a point of law from any decision of a tribunal under this Regulation to the High Court in accordance with rules of court.

(10) In the case of an officer to whom this Regulation applies and who—

(a) in the case of an overseas policeman or a central police officer, immediately before becoming such, was a member of a Scottish police force, or

(b) in the case of an inspector or assistant inspector of constabulary, was appointed (or treated as appointed) under section 33 or 34 of the Police (Scotland) Act 1967[^f00045];

this Regulation shall have effect as if—

(i) any reference to a barrister were a reference to an advocate, and

(ii) any reference to the Crown Court or the High Court were a reference to the sheriff or, as the case may be, the Court of Session.

Limitations on appeals

H7

(1) An appeal shall not lie under Regulation H5 or H6 against anything done by a police authority in the exercise of a power conferred by these Regulations which is expressly declared thereby to be a power which they are to exercise in their discretion.

(2) Subject to Regulation H3(1), in any proceedings under Regulation H5 or H6 the court or tribunal shall be bound by any final decision of a medical authority within the meaning of Regulation H3.

Part I — Servicemen

Servicemen to whom Part I applies

I1

This Part shall, subject to Regulation A3 (exclusion of old cases) and Regulation I8(1) (pension contributions), have effect in the case of a serviceman whose period of relevant service in the armed forces ends or has ended on or after 5th July 1948 or who, having resumed service as a regular policeman, has served as such on or after 1st April 1972:

Awards to servicemen

I2

(1) This Regulation shall apply to a serviceman who at the end of his period of relevant service in the armed forces is or was permanently disabled for the performance of duty as a regular policeman.

(2) A serviceman to whom this Regulation applies shall be entitled to an ill-health award under Regulation B3 on the same conditions in all respects as if he were such a regular policeman as is mentioned in paragraph (1) of that Regulation, subject, however, to the following paragraphs.

(3) Where the disablement is the result of an injury received during the serviceman’s period of relevant service in the armed forces, in lieu of an ill-health gratuity in pursuance of paragraph (2) (or, where the period of relevant service in the armed forces ended before 1st April 1987, in pursuance of the corresponding provision of the former Regulations), the police authority may, in their discretion, pay him a pension at the rate of a twelfth of his average pensionable pay, subject, however, to paragraph (4).

(4) Where the disablement is the result of such an injury as aforesaid, any pension payable to the serviceman in pursuance of paragraph (2) or (3) may, subject to the limitation in paragraph 1 of Schedule I, from time to time be increased at the discretion of the police authority but, where an ill-health pension payable in pursuance of paragraph (2) is so increased, no account of the increase shall be taken for the purposes of Regulation B7 or B9 (commutation and allocation) or of Part VIII of Schedule B (reduction of pension related to up-rating of widow’s pension).

Awards on death of servicemen

I3

(1) If a serviceman entitled to reckon 3 years' pensionable service—

(a) dies or has died during his period of relevant service in the armed forces, or

(b) having been permanently disabled for duty as a regular policeman at the end of the said period (without any intervening period of service as such) dies or has died either as a result of the same injury as resulted in his disablement or while in receipt of a pension,

his widow shall be entitled to a widow’s ordinary pension under Regulation C1 on the same conditions in all respects as if he were such a regular policeman as is mentioned in paragraph (1) of that Regulation, subject, however, to paragraphs (5) and (6) of this Regulation.

(2) If a serviceman dies during his relevant period of service in the armed forces and his widow is not entitled to a pension under paragraph (1), she shall, subject to paragraph (3), be entitled to a gratuity of an amount equal to her husband’s average pensionable pay.

(3) Where the death of a serviceman is the result of an injury received during his period of relevant service in the armed forces, in lieu of a gratuity under paragraph (2) (or, where he died before 1st April 1987, in lieu of a gratuity under the corresponding provision of the former Regulations) the police authority may, in their discretion, pay his widow a pension the amount whereof shall be the appropriate sum for the purposes of this paragraph, that is to say £7.28, increased in accordance with Regulation E10(6) (increase of flat-rate award), subject, however, to paragraphs (5) and (6) of this Regulation.

(4) If a serviceman—

(a) dies or has died during his period of relevant service in the armed forces, or

(b) having been permanently disabled for duty as a regular policeman at the end of the said period (without any intervening period of service as such) dies or has died while in receipt of a pension, or, being a person entitled to reckon not less than 3 years' pensionable service, dies or has died having received a gratuity,

then each of his children shall be entitled to a child’s ordinary allowance under Regulation D1 on the same conditions in all respects as if he were such a regular policeman as is mentioned in paragraph (1) of that Regulation, subject, however, to paragraphs (5) and (6) of this Regulation.

(5) Where the death of a serviceman is the result of an injury received during his period of relevant service in the armed forces, any pension or allowance payable in respect of him in pursuance of paragraph (1), (3) or (4) may, subject to the limitation in paragraph 2 or 3 of Schedule I, from time to time be increased at the discretion of the police authority.

(6) Without prejudice to anything in paragraph (1) or (4)—

(a) in relation to a widow’s pension or gratuity in pursuance of paragraph (1), (2) or (3), Regulation C8 (limitation on award to widow living apart from her husband and widow’s requisite benefit pension) and Regulation E7 (prevention of duplication) shall apply, and

(b) in relation to a child’s allowance in pursuance of paragraph (4), Regulation E7 shall apply,

as those Regulations apply in relation to the awards therein mentioned.

Application of Regulations E2 and E3

I4

In the case of a serviceman—

(a) who dies while in receipt of a pension or while entitled to a deferred pension, whether or not that pension has come into payment, and whose death results from an injury received during his relevant period of service in the armed forces, Regulation E2 (gratuities—dependent relatives) shall apply as it applies in the case of a regular policeman who so dies and whose death results from an injury received in the execution of his duty;

(b) who dies during his relevant period of service in the armed forces, Regulation E2 and Regulation E3 (gratuity—estate) shall apply as they apply in the case of a regular policeman who dies while serving as such.

Servicemen who resume service as regular policemen

I5

If a serviceman, after resuming service, or returning to duty, as a regular policeman—

(a) is permanently disabled as a result of an injury received during his period of relevant service in the armed forces, the police authority may, in relation to any pension payable to him, other than a deferred pension, exercise the like discretion as that conferred by Regulation I2(4) but, where a pension is increased in pursuance of this sub-paragraph, no account of the increase shall be taken for the purposes of Regulation B7 or B9 (commutation and allocation) or of Part VIII of Schedule B (reduction of pension related to up-rating of widow’s pension);

(b) dies or has died as a result of such an injury, the police authority may, in relation to any widow’s pension or gratuity and any child’s allowance payable in respect of him, exercise the like discretions as those conferred by Regulation I3(3) and (5).

Servicemen who do not resume service in their former force

I6

Where a serviceman who ceased to serve as a regular policeman in order to undertake a period of relevant service in the armed forces does not or did not resume service in his former force within a month of the end of that period, he shall be treated for the purposes of Regulations A10, A16, B5(2), B6, F3, F4 and F5 as having left his former force at the end of his period of relevant service in the armed forces.

Pensionable service

I7

(1) A serviceman who ceased to serve as a regular policeman in order to undertake a period of relevant service in the armed forces shall be entitled to reckon that period as pensionable service in his former force except that so much, if any, of that period as fell before 5th July 1948 shall not be so reckonable under this paragraph.

(2) A serviceman (1939–1945) shall also be entitled so to reckon as pensionable service—

(a) such further period as the Secretary of State may fix or has fixed, not exceeding 3 months after the end of his period of relevant service in the armed forces and before becoming a member of a police force, and

(b) any period of approved service under the former Acts reckonable by him immediately before 5th July 1948. (3) The reference in paragraph (2)(b) to approved service reckonable under the former Acts shall be construed as provided in Regulation F1(2) in the case of such a reference in Part F.

Pension contributions etc.

I8

(1) This Part shall have effect in the case of a serviceman who ceased to serve as a regular policeman in order to undertake a period of relevant service in the armed forces only if he pays or has paid pension contributions (other than additional or further pension contributions) to the police authority of his former force, as though he had remained a regular policeman in that force, in respect of his period of relevant service in the armed forces and, in the case of a serviceman (1939–1945), such further period as the Secretary of State may have fixed which is reckonable as pensionable service:

Provided that this Part shall have effect notwithstanding that pension contributions are not or have not been paid as aforesaid— by a serviceman other than a serviceman (1939–1945) in respect of— any period during which his service pay when aggregated with any payments under Part V of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951[^f00049] is less than his pensionable pay, or any period before 1st January 1952 for which he has been required to serve in the armed forces as mentioned in the proviso to Regulation I1 and in respect of which no payments under Part V of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 have been made; by a serviceman (1939–1945) in respect of any period in respect of which he would not have been compelled to pay sums equal to rateable deductions if the Police Pensions Act 1948 had not been passed.

(2) Where this Part has effect in the case of a serviceman by virtue of proviso (a) to paragraph (1), he shall be deemed, except for the purposes of Regulation A10 (aggregate pension contributions for purposes of awards), to have paid pension contributions in respect of any period beginning on or after 1st April 1956 and ending before 1st April 1972 at the rate at which he last paid such contributions or, where he was on 1st April 1956 performing relevant service in the armed forces and did not give the notice referred to in the relevant provisions of the former Regulations, at a rate related to 6.25% of his pensionable pay.

In this paragraph the reference to the relevant provisions of the former Regulations is a reference to the provisions of the proviso to Regulation 35(2) of the Police Pensions Regulations 1955[^f00050] as set out in Regulation 13 of the Police Pensions Regulations 1956[^f00051], or of the proviso to Regulation 37(2) of the Police Pensions (Scotland) Regulations 1955[^f00052], as set out in Regulation 13 of the Police Pensions (Scotland) Regulations 1956[^f00053].

(3) Where this Part has effect in the case of a serviceman, any reference in these Regulations to service as a member of a police force or of the Royal Ulster Constabulary on or after 1st April 1972 or in respect of which he has paid pension contributions at a rate related to 6.25% of his pensionable pay shall be construed as including a reference to his period of relevant service in the armed forces on or after that date or, as the case may be, in respect of which he has paid, or is deemed to have paid, pension contributions at that rate.

Part J — Special Cases

J1

(1) This Regulation shall apply in the case of a regular policeman who, for the purposes of the Social Security Pensions Act 1975[^f00054], has a guaranteed minimum in relation to the pension provided by these Regulations by reason of service which is contracted-out employment by reference thereto:

Provided that it shall not apply in the case of a regular policeman in respect of whom a transfer value has been, or is required to be, paid under Regulation F9.

(2) In a case in which this Regulation applies the regular policeman shall be entitled to a pension of a weekly amount equal to his guaranteed minimum but no payment shall be made on account of the pension—

(a) in respect of any period before he attains state pensionable age;

(b) if he is also entitled to a pension under Part B, in respect of any period for which that pension, together with any increase therein under the Pensions (Increase) Act 1971[^f00055], exceeds the pension which, disregarding this sub-paragraph, would be payable hereunder subject, however, to paragraph (3)(a), or

(c) in respect of any period within the 5 years following his attaining state pensionable age during which he is serving as a regular policeman if either—

(i) he has so served for a continuous period beginning before he attained that age, or

(ii) he is entitled to a pension under Part B but for the period in question that pension has been withdrawn, in whole or in part, in pursuance of a decision taken by the police authority for the purposes of Regulation K4 before he attained state pensionable age.

(3) Where a regular policeman is entitled both to a pension under Part B and a pension under paragraph (2) then—

(a) for the purposes of paragraph (2)(b), in the case of a pension under Part B other than an injury pension, any secured portion thereof shall be disregarded but, subject as aforesaid, where he is entitled to both an injury pension and some other pension under Part B, those pensions shall be treated as a single pension;

(b) in respect of any period in respect of which a payment is made on account of the pension under paragraph (2), no payment shall be made on account of the pension under Part B otherwise than, in the case of a pension other than an injury pension, on account of any secured portion thereof.

(4) In a case in which this Regulation applies, where the regular policeman dies or has died at any time leaving a widow then, unless any pension to which he has been entitled has been forfeited under Regulation K5(2), she shall be entitled to a pension of a weekly amount equal to a half of his guaranteed minimum increased in accordance with Regulation E9 (increase by reference to the Pensions (Increase) Acts) but that entitlement shall cease if she remarries or has remarried before attaining the age of 60 years and no payment shall be made on account of the pension—

(a) if she is also entitled to a pension under Part C, in respect of any period for which the amount of that pension exceeds the pension which, disregarding this sub-paragraph, would be payable hereunder, or

(b) in respect of any period before she attains the age of 60 years during which she and a man to whom she is not married are living together as husband and wife.

(5) Where a widow is entitled both to a pension under Part C and a pension under paragraph (4) then, in respect of any period in respect of which a payment is made on account of the pension under paragraph (4), no payment shall be made on account of the pension under Part C.

(6) The following provisions shall apply in relation to a pension under this Regulation as hereinafter provided, that is to say—

(a) Regulation B8 (commutation—small pensions) shall apply in relation to a pension under paragraph (2) as it applies in relation to a pension under Part B;

(b) Regulation E4(3) (gratuity in lieu of widow’s pension) shall apply in relation to a pension under paragraph (4) as it applies in relation to a pension under Part C, and

(c) Regulation K5 (forfeiture of pension) shall apply in relation to a pension under paragraph (2) or (4) as it applies in relation to a pension under Part B or C but as if paragraph (4) thereof were omitted,

but, save as aforesaid or as provided in paragraph (2) or (4), nothing in any other Regulation shall affect a person’s entitlement to a pension under this Regulation, the amount of such a pension or the circumstances in which it may be withdrawn or forfeited.

Former member of the Royal Ulster Constabulary

J2

(1) This Regulation shall apply in the case of a regular policeman who has been a member of the Royal Ulster Constabulary.

(2) Where such a regular policeman is entitled to reckon pensionable service by reason of previous service in the Royal Ulster Constabulary then, except where the context otherwise requires, these Regulations shall have effect as if anything done by him or in his case under, or for the purposes of, a provision of the Royal Ulster Constabulary pensions legislation which corresponds to a provision of these Regulations or of the former Regulations had been done under, or for the purposes of, that corresponding provision.

(3) Without prejudice to the generality of paragraph (2), if such a regular policeman elected to pay additional or further contributions under any provision of the Royal Ulster Constabulary pensions legislation corresponding to Regulation 58(2) or (3) of the Regulations of 1973 and his liability to pay such contributions, either under that legislation or by reason of Regulation 63 of the Regulations of 1973, did not cease before 1st April 1987 or, if later, the date on which he became a regular policeman then, notwithstanding that he is not such a regular policeman as is mentioned in paragraph (1) of Regulation G3 (additional and further contributions), that Regulation shall apply to him and Schedule G shall have effect subject to any necessary modifications.

Former reversionary member of home police force

J3

Notwithstanding anything in these Regulations, where a person who has been a reversionary member of a home police force becomes or has become a regular policeman in a home police force and an award is payable to or in respect of him by reason of his having received an injury in the execution of his duty as an overseas policeman without his own default, the award shall not be less than it would have been if he had not after being a reversionary member of a home police force become such a regular policeman.

Other special provisions

J4

The provisions of Schedule J shall have effect in the cases, and as respects the matters, mentioned therein.

Part K — Revision and Withdrawal or Forfeiture of Awards

Cancellation of ill-health and injury pensions

K1

(1) As long as a person—

(a) is in receipt of an ill-health pension;

(b) would not, if he had continued to serve as a regular policeman instead of retiring with an ill-health pension, have been entitled to reckon 25 years' pensionable service, and

the police authority may, if they wish to exercise the powers conferred by this Regulation, consider, at such intervals as they in their discretion think proper, whether his disability has ceased.

(2) If on any such consideration it is found that his disability has ceased, the police authority may give the person concerned notice that if he wishes to rejoin the force as a regular policeman within a period of not less than 3 months from the date on which he has been given such notice he will be permitted to do so.

(3) If the person concerned within the period referred to in paragraph (2) offers to rejoin the force as a regular policeman, he shall be permitted to do so in a rank not lower than that he held immediately before he retired with the ill-health pension.

(4) On the person concerned rejoining the force as mentioned in paragraph (3) or, where he does not offer to rejoin within the period referred to in paragraph (2), at the end of that period, there shall be terminated—

(a) the unsecured portion of his ill-health pension, and

(b) any injury pension to which he is entitled;

and where the unsecured portion of an ill-health pension is terminated under this paragraph, the secured portion of that pension shall not be payable in respect of any period before state pensionable age.

(5) Where the unsecured portion of an ill-health pension is terminated under paragraph (4) otherwise than on the policeman rejoining his force, but he is not a regular policeman to whom Regulation B5 applies, then, if the aggregate of—

(a) the sums paid in respect of the pension;

(b) the actuarial value of the secured portion of the pension (in so far as it is payable under paragraph (4)) determined in accordance with tables prepared by the Government Actuary, and

is less than his aggregate pension contributions in respect of the relevant period of service, the police authority shall pay the difference to the policeman.

(6) Paragraph (5) has effect subject to paragraph 5 of Part I of Schedule J.

Reassessment of injury pension

K2

(1) Subject as hereinafter provided, where an injury pension is payable under these Regulations, the police authority shall, at such intervals as may be suitable, consider whether the degree of the pensioner’s disablement has altered; and if after such consideration the police authority find that the degree of the pensioner’s disablement has substantially altered, the pension shall be revised accordingly.

(2) Where the person concerned is not also in receipt of an ordinary, ill-health or short service pension, if on any such reconsideration it is found that his disability has ceased, his injury pension shall be terminated.

Reduction of pension in case of default

K3

Where a member of a police force or a person who has been a member of a police force becomes permanently disabled and has brought about or substantially contributed to the disablement by his own default, the police authority may reduce the amount of any ill-health or injury award payable to him by them by an amount not exceeding a half of that to which he would otherwise be entitled:

Withdrawal of pension during service as a regular policeman

K4

(1) Subject to paragraph (2), a police authority by whom a pension is payable under Part B of these Regulations or under Regulation E1 (adult dependent relative’s special pension) may, in their discretion, withdraw the whole or any part of the pension for any period during which the pensioner is serving as a regular policeman in any police force and, where they have done so, they shall be discharged from all actual or contingent liability in respect of the pension or the part thereof withdrawn for the period in question.

(2) This Regulation does not apply to a pension under Regulation B9(7)(b) (allocation).

Forfeiture of pension

K5

(1) This Regulation shall apply to a pension payable to or in respect of a member of a police force under Part B or C or under Regulation E(1) (adult dependent relative’s special pension).

(2) Subject to paragraph (5), a police authority responsible for payment of a pension to which this Regulation applies may determine that the pension be forfeited, in whole or in part and permanently or temporarily as they may specify, if the pensioner has been convicted of an offence mentioned in paragraph (3) and, in the case of a widow’s pension, that offence was committed after the death of the pensioner’s husband.

(3) The offences referred to in paragraph (2) are—

(a) an offence of treason;

(b) one or more offences under the Official Secrets Acts 1911 to 1939[^f00056] for which the grantee has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

(4) Subject to paragraph (5), a police authority responsible for payment to a member of a police force of a pension to which this Regulation applies may determine that the pension be forfeited, in whole or in part and permanently or temporarily as they may specify, if the grantee has been convicted of an offence committed in connection with his service as a member of a police force which is certified by the Secretary of State either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(5) In the case of a pension to which this Regulation applies, other than an injury pension, the police authority in determining whether a forfeiture should be permanent or temporary and affect a pension in whole or in part, may make different determinations in respect of the secured and unsecured portions of the pension; but the secured portion of such a pension shall not be forfeited permanently and may be only forfeited temporarily for a period expiring before the grantee attains state pensionable age or for which he is imprisoned or otherwise detained in legal custody.

(6) To the extent to which a pension is forfeited under this Regulation, the police authority shall be discharged from all actual or contingent liability in respect thereof.

(7) The provisions of section 4(1) and (2) of the Police Pensions Act 1948[^f00057], as they have effect by virtue of section 12(2) of the Police Pensions Act 1976[^f00058] (forfeiture of pensions), shall not apply in relation to an award under these Regulations.

(8) This Regulation has effect subject to Regulation J1(6)(c).

Part L — Payments by and to Police Authorities

Authorities responsible for payment of awards

L1

(1) An award which is payable to or in respect of a person by reason of his having served as a regular policeman shall be payable by the police authority of the force in which he last served as such.

(2) An award which is payable to or in respect of a person by reason of his having been injured while serving as a member of a police force other than a regular policeman shall be payable by the police authority of the force in which he was serving when he received the injury.

Funds out of which and into which payments are to be made

L2

(1) All payments for the purposes of these Regulations made by or to a police authority (including the Secretary of State as police authority for the metropolitan police district) shall be paid out of or into the police fund except in so far as is otherwise provided by the following paragraphs.

(2) There shall be paid out of moneys provided by Parliament—

(a) any award to or in respect of a person who last served as commissioner of police of the metropolis, and

(b) any transfer value payable in respect of such a person.

(3) There shall be paid into the Consolidated Fund—

(a) any transfer value received in respect of a person who has become commissioner of police of the metropolis, and

(b) the pension contributions (including additional and further contributions) paid by the said commissioner,

and, on a member of the metropolitan police force becoming commissioner of police of the metropolis, a payment shall be made out of the metropolitan police fund into the Consolidated Fund of an amount equal to the transfer value which would have been payable had the member in question instead transferred to another police force.

(4) There shall be paid out of moneys provided by Parliament or, as the case may be, into the Consolidated Fund all payments for the purposes of these Regulations made by or to the Secretary of State by reason that he is treated as the police authority in relation to—

(a) an overseas policeman;

(b) an inspector or assistant inspector of constabulary;

(5) Paragraph (1) shall not extend to Scotland.

Payment and duration of awards

L3

(1) Subject to the provisions of these Regulations, in particular, of—

(a) Regulation B1(5) (limitation on payment of an ordinary pension to a person entitled to reckon less than 30 years' pensionable service);

(b) Regulation B4(2) (limitation on payment of an injury pension to a person who ceased to serve before becoming disabled);

(d) Regulation J1 (policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act 1975);

(e) Part K (revision and withdrawal or forfeiture of awards), and

(f) paragraph 9(3)(a) of Part I of Schedule J (pension by way of equivalent pension benefit),

the pension of a member of a police force shall be payable in respect of each year as from the date of his retirement.

(2) Subject to the provisions of these Regulations, in particular, of—

(a) Regulation D5(3) to (6) (limitations on child’s allowance), and

(b) Regulation J1 (policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act 1975)

a widow’s pension or child’s allowance shall be payable in respect of each week as from the death of the husband or, as the case may be, the parent or, in the case of an allowance payable to a posthumous child, as from the birth of the child, except—

(i) where the husband or parent was in receipt of a pension and dies during a period in respect of which he has already received his pension, in which case the pension or allowance shall not be payable before the end of that period;

(ii) where the husband or parent has received a gratuity other than an injury gratuity under Regulation B4, in which case the pension or allowance shall be payable as from such time as the police authority may, in their discretion, determine to be reasonable, not being more than a year after his death, having regard to all the circumstances, including the amount of the gratuity.

(3) Subject to the provisions of these Regulations, in particular, of—

(a) Regulation C7(2)(a) (widow’s temporary pension);

(b) Regulation C9 (termination of widow’s award on remarriage etc.);

(d) Regulation E1(3) (adult dependent relative’s special pension);

(e) Regulation J1(2), (3)(b) and (4) (policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act 1975), and

(f) Part K (revision and withdrawal or forfeiture of awards),

a pension or allowance shall be payable for life and shall be discharged by payments in advance at such reasonable intervals as the police authority may, in their discretion, determine except that payment on account of a pension or allowance may be delayed, in whole or in part, pending the determination of any question as to the liability of the police authority in respect thereof, including any question as to the continuance of that liability.

(4) Where a person dies after receiving a sum paid in advance on account of a pension or allowance, neither the said sum nor any part thereof shall be recoverable although referable to a period after his death.

(5) Where a widow remarries after receiving a sum paid in advance on account of a pension, neither the said sum nor any part thereof shall be recoverable although referable to a period after her remarriage.

(6) Subject to the provisions of these Regulations, a gratuity, lump sum or award by way of repayment of aggregate pension contributions shall become payable as soon as the entitlement thereto arises and shall be paid forthwith in one sum except that—

(a) payment on account thereof may be delayed, in whole or in part, pending the determination of any question as to the liability of the police authority in respect thereof, and

(b) where the police authority are satisfied that it would be for the advantage of the beneficiary to pay a gratuity in instalments, they may pay it in instalments of such reasonable amounts and over such reasonable period as they think fit.

Payment of awards otherwise than to beneficiary and application of payments

L4

(1) This Regulation shall apply to the payment of any award to or in respect of a member of a police force, whether a pension, allowance, gratuity or other award, and any reference therein to the beneficiary is a reference to the person to whom, this Regulation apart, the award is payable.

(2) Where the beneficiary is a minor, the police authority may, if they think fit, in lieu of paying any sum on account of an award to the minor, pay it to such other person as they may determine.

A person who receives any sum in pursuance of this paragraph shall, subject to and in accordance with any directions of the police authority, apply the said sum for the benefit of the minor.

(3) On the death of the beneficiary to whom a sum is due on account of an award which does not exceed £5,000 or such higher amount as may from time to time be prescribed for the purposes of section 6 of the Administration of Estates (Small Payments) Act 1965[^f00059], the police authority may, without probate, confirmation or any other formality or proof of title, pay the said sum to the persons appearing to the authority to be beneficially entitled to the personal estate of the deceased or, as the authority think fit, pay the said sum to one or more of those persons or distribute it among all or any of those persons in such proportions as the authority may determine.

(4) Where it appears to the police authority that a beneficiary is by reason of mental disorder or otherwise incapable of managing his affairs, in lieu of paying any sum on account of an award to that beneficiary—

(a) they may, in their discretion, pay it in whole or in part to a person having the care of the beneficiary or such other person as they may determine, and

(b) in so far as they do not so discharge their liability in respect thereof, the authority shall apply it in such manner as they think fit for the benefit of the beneficiary or his dependants.

A person who receives any sum in pursuance of sub-paragraph (a) shall, subject to and in accordance with any directions of the police authority, apply the said sum for the benefit of the beneficiary or his dependants.

(5) Where, as a result of any fraud, theft or negligence on the part of a regular policeman in connection with his service as such, a loss has occurred to the fund out of which an award is payable to him, in lieu of paying the whole or any part of any sum on account of the award to that beneficiary, the police authority may, if they think fit but subject to paragraph (6), apply it in making good the loss by retaining it in that fund:

Provided that the aggregate amount retained in pursuance of this paragraph shall not exceed whichever is the less of the following amounts, namely— the amount which is the actuarial value, at the time of the first retention, of the sums then or prospectively due to the regular policeman on account of the award, and the amount of the said loss, and, in the event of any dispute as to the amount of that loss, the power conferred by this paragraph shall not be exercisable save to the extent of any sum adjudged due to the police authority in respect of the loss by an order of a competent court.

(6) Where the police authority exercise the power conferred by paragraph (5) they shall furnish the regular policeman concerned with a certificate showing the amount retained and the effect on the award and—

(a) where the award is an ordinary, short service or ill-health pension and the sum due on account thereof is in respect of a period beyond state pensionable age, only so much of that sum as is due on account of the unsecured portion of the pension may be retained and applied as mentioned in paragraph (5), and

(b) where the regular policeman is entitled to reckon pensionable service otherwise than by reason of service as a member of a police force, only the following proportion of any sum due on account of the award may be so retained and applied, that is to say, the proportion which his pensionable service reckonable by reason of service as a member of a police force bears to his total pensionable service.

(7) A police authority shall obtain a good discharge by paying or applying any sum in the manner provided by this Regulation.

(8) In the application of this Regulation to Scotland—

(a) the references in paragraph (2) to a minor shall be construed as including references to a pupil, and

(b) the reference in paragraph (3) to the personal estate of the deceased shall be construed as a reference to his movable estate.

SCHEDULE A — Glossary of Expressions

In these Regulations, unless the context otherwise requires, the following expressions shall be construed as hereinafter provided, that is to say:—

“the Act” means the Police Pensions Act 1976[^f00060]; “aggregate pension contributions”, for the purpose of calculating an award, has the meaning assigned to it by Regulation A10;

“approved service” has the same meaning as in the former Acts;

“armed forces” means the naval, military or air forces of the Crown, including any women’s service administered by the Defence Council or formerly administered by the Admiralty, Army Council or Air Council; “auxiliary policeman” means a member of the first class of the police reserve, a member of the Police War Reserve or a member of Class A of the Women’s Auxiliary Police Corps;

“average pensionable pay” has the meaning assigned to it by Regulation G1;

“central police officer” means a member of a home police force engaged on central service who enjoys a right of reversion under section 43(1) of the Police Act 1964[^f00061] or section 38(1) of the Police (Scotland) Act 1967[^f00062] as the case may be;

“central service” means temporary service under the Crown performed on or after 1st August 1964, being such service as is mentioned in section 43(5) of the Police Act 1964 or section 38(5) of the Police (Scotland) Act 1967;

“chief officer of police” in relation to an overseas corps means the senior member of that corps;

“child” means (without regard to age) legitimate or illegitimate child, step-child or adopted child and any other child who is substantially dependent on the member of a police force concerned and either is related to him or is the child of his spouse; and the expressions “father”, “mother” and “parent” shall be construed accordingly;

“contracted-out employment” and “contracted-out scheme” have the meanings assigned to them by Regulation A5(6);

“contributions equivalent premium” has the meaning assigned to it by Regulation A5(6) (subject however, to Regulation A5(7));

“disablement” and cognate expressions have the meanings assigned to them by Regulation A12;

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