Legalize / United Kingdom / Statutory-Instrument

The Police Pensions Regulations 2015

Type Statutory-Instrument

Publication 2015-02-27

Last updated 2024-10-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(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

182

(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

183

(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

184

(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 97 of PSA 1993.

(2) If a club transfer value is paid later than 6 months after the guarantee date, the amount of the club transfer value as specified in the statement of entitlement must be increased if necessary so that it is equal to the amount it would have been if the guarantee date had been the date on which the payment is made.

(3) If the transfer value or club transfer value is less than the minimum transfer value, the amount of the transfer value or club transfer value must be increased so that it is equal to the amount of the minimum transfer value.

(4) In this regulation, “minimum transfer value” means the total of—

(a) the sum of all member contributions and payments for added pension made by the member; and

(b) the sum of all transfer payments received by this scheme in relation to the member.

Request for transfer out after member repays to scheme manager a refund received under regulation 184

185

(1) This regulation applies to a member who—

(a) receives a refund under regulation 176 (refund of all member contributions and payments for added pension made by the member); and

(b) enters new pension arrangements with a new employer.

(2) The member may request a transfer payment to be made under this Chapter to the new pension arrangements in respect of the member's accrued rights to benefits under this scheme if the member repays to the scheme manager the amount refunded under regulation 176 and any interest payable under paragraph (3)—

(a) within 12 months after entering a new club scheme (or any longer period the scheme manager determines); or

(b) within 6 months after entering any other pension arrangements (or any longer period the scheme manager determines).

(3) Interest is payable on the amount refunded under regulation 176 if the member repays that amount more than a year after the member receives the refund.

(4) For the purpose of paragraph (3), interest is calculated at the rate of 5% each year, compounded with yearly rests.

Effect of transfers out

186

If a transfer payment is made under this Chapter in respect of a member's accrued rights to benefits under this scheme, those rights are extinguished.

CHAPTER 3 — Transfers in

Application of Chapter

187

This Chapter applies in relation to an active member of this scheme (P) who has accrued rights under another pension scheme.

Interpretation of Chapter

188

In this Chapter—

“club transfer statement” means a statement under regulation 192 of the amount of club transfer earned pension;

“transfer date” means the earlier of—if the scheme manager has provided a transfer statement or a club transfer statement, the last day of the period of 2 months beginning with the date of the statement; andthe day on which the transfer payment is received by the scheme manager;

“transfer payment request” means a request to the scheme manager under this Chapter that a transfer payment be accepted from another pension scheme;

“transfer statement” means a statement under regulation 190(2).

Request for acceptance of a transfer payment

189

(1) P may by written notice to the scheme manager request that a transfer payment be accepted in respect of some or all of P's accrued rights to benefits under another pension scheme.

(2) A transfer payment request—

(a) must specify—

(i) the pension scheme from which the transfer payment is to be made; and

(ii) the anticipated amount of the transfer payment;

(b) must meet any other conditions the scheme manager requires; and

(c) subject to paragraph (3), must be made during the period of 12 months beginning with P's first day of eligible service.

(3) The scheme manager may treat a transfer payment request as having been made earlier than it was if the scheme manager considers it reasonable to do so in the circumstances.

(4) Subject to paragraph (5), on receiving a transfer payment request, the scheme manager may accept the transfer payment if the conditions (if any) that the scheme manager required are met.

(5) The scheme manager may not accept a transfer payment if—

(a) it would be applied in whole or in part in respect of—

(i) the member's entitlement to a guaranteed minimum pension; or

(ii) the entitlement of the member's spouse or civil partner to a guaranteed minimum pension; and

(b) it is less than the amount required for that purpose, as calculated by the scheme manager in accordance with actuarial guidance and actuarial tables prepared for the purposes of this paragraph.

Transfer statement

190

(1) This regulation applies in relation to a request for a transfer value payment to be accepted from another pension scheme.

(2) The scheme manager may require that, before making a transfer payment request, P must ask the scheme manager to provide a statement of the amount of transferred pension that P will be entitled to count under regulation 191 (amount of transferred pension) if the transfer date falls within the period of 2 months beginning with the date of that statement.

(3) The amount specified in the transfer statement must be an amount calculated by the scheme manager in accordance with actuarial guidance and actuarial tables by reference to—

(a) factors relating to P's circumstances as at the end of that 2-month period; and

(b) any other factors as at the date of the statement that the scheme actuary considers should apply.

Amount of transferred pension

191

(1) This regulation applies in relation to any transfer value payment received in relation to P from another pension scheme.

(2) For the scheme year in which the transfer date falls, the amount of transferred pension P is entitled to count in respect of the transfer payment is—

(a) the amount specified in the transfer statement; or

(b) if such a statement is not provided, an amount calculated by the scheme manager in accordance with actuarial guidance and actuarial tables by reference to any factors as at the transfer date that the scheme actuary considers should apply.

(3) The amount of transferred pension P is entitled to count in a scheme year must not be more than 50% of P's annual rate of pensionable earnings at the day P becomes an active member of this scheme.

Club transfer statement

192

(1) This regulation applies in relation to a request by P for a club transfer value payment to be accepted from another club scheme.

(2) The scheme manager may require that, before making the transfer payment request, P must ask the scheme manager to provide a statement of the amount of club transfer earned pension that P will be entitled to count under regulation 193 if the transfer date falls within the period of 2 months beginning with the date of that statement.

(3) The amount of club transfer earned pension specified in the statement must be calculated by the scheme manager in accordance with actuarial guidance and actuarial tables by reference to—

(a) factors relating to P's circumstances as at the end of that 2-month period; and

(b) any other factors as at the date of the statement that the scheme actuary considers should apply.

(4) The statement must specify the basis on which an amount of accrued earned pension is revalued under the sending scheme while a member is in pensionable service under that scheme.

Amount of club transfer earned pension

193

(1) This regulation applies in relation to a club transfer value payment received from another club scheme in relation to P.

(2) For the scheme year in which the transfer date falls, the amount of club transfer earned pension P is entitled to count in respect of a club transfer value payment is—

(a) the amount specified in the club transfer statement; or

(b) if such a statement is not provided, an amount calculated by the scheme manager in accordance with actuarial guidance and actuarial tables by reference to any factors as at the transfer date that the scheme actuary considers should apply.

CHAPTER 4 — NI and Scotland transfers

Interpretation

194

In this Chapter, “another police pension scheme” means a police pension scheme other than this scheme.

Transfers out

195

(1) This regulation applies if a person—

(a) ceases to be an active member of this scheme; and

(b) begins pensionable service under another police pension scheme.

(2) This regulation does not apply if—

(a) the person begins pensionable service under another police pension scheme after a gap in pensionable service exceeding 5 years;

(b) all member contributions and payments for added pension made by the member under this scheme have been refunded under regulation 176; or

(3) On the first day of pensionable service in another police pension scheme, the member's accrued rights to benefits under this scheme become the member's accrued rights to benefits under the other police pension scheme.

Transfers in

196

(1) This regulation applies if a person—

(a) ceases to be an active member of another police pension scheme; and

(b) begins pensionable service under this scheme.

(2) This regulation does not apply if—

(a) the person begins pensionable service under this scheme after a gap in pensionable service exceeding 5 years;

(b) a repayment of contributions has been made to the person under the other police pension scheme; or

(3) On the first day of pensionable service in this scheme, the member's accrued rights to benefits under the other police pension scheme become the member's accrued rights to benefits under this scheme.

PART 12 — Actuarial valuations and employer cost cap

Appointment of scheme actuary and actuarial valuations

197

(1) The Secretary of State must appoint an individual (the “scheme actuary”) to provide a consulting service on actuarial matters in relation to this scheme and any connected scheme.

(2) The scheme actuary is responsible for—

(a) carrying out valuations of this scheme and any connected scheme; and

(b) preparing reports on the valuations.

(3) Before appointing an individual as scheme actuary the Secretary of State must be satisfied that the individual is appropriately qualified to carry out valuations of this scheme and any connected scheme in accordance with directions under section 11 of the Act (“the Treasury directions”).

(4) The scheme administrator is responsible for providing the scheme actuary with any data that the scheme actuary requires in order to carry out a valuation and prepare a report on the valuation.

(5) A valuation of this scheme and any connected scheme and the preparation of a report on the valuation must be carried out in accordance with the Treasury directions.

(6) Valuations of this scheme must be carried out within a time-frame which enables requirements in the Treasury directions regarding dates applicable to the valuation to be met.

Employer cost cap

198

(1) The employer cost cap for this scheme is 12.8% of pensionable earnings of members of this scheme.

(2) In the circumstances specified in paragraph (4), the Secretary of State must consult such persons (or those appearing to the Secretary of State to represent such persons) as appear to the Secretary of State likely to be affected by any steps that will be taken, with a view to reaching agreement on the steps required to achieve the target cost for this scheme.

(3) If, following such consultation, agreement is not reached the fraction of the member's pensionable earnings specified in regulation 58 (amount of pension for a scheme year) as the amount of standard earned pension for a scheme year must be adjusted for pensionable earnings after the date of the adjustment, so that the target cost for this scheme is achieved.

(4) The circumstances are that the cost of this scheme goes beyond the margin either side of the employer cost cap for this scheme specified in regulations under section 12(5)(a) of the Act.

(5) In this regulation—

“cost of this scheme” means the cost of this scheme calculated following a valuation in accordance with regulation 197; and

“target cost for this scheme” means the target cost for this scheme specified in regulations under section 12(5)(b) of the Act.

PART 13 — Supplementary

CHAPTER 1 — Dual capacity members

Meaning of “dual capacity member”

199

(1) A person (P) is a dual capacity member of this scheme if—

(a) P is a member of this scheme in 2 or more of the following capacities—

(i) an active member;

(ii) a deferred member;

(iii) a pensioner member;

(b) P is both a pension credit member of this scheme and a member of this scheme in one or more of the following capacities—

(i) an active member;

(ii) a deferred member;

(iii) a pensioner member;

(d) P is a pension credit member of this scheme entitled to 2 or more pension credits.

(2) For the purpose of paragraph (1)(a) and (b)—

(a) in determining whether a person who is an active member is also a pensioner member, the fact that the person is an active member and the person's rights in that capacity are to be disregarded; and

(b) in determining whether a person who is an active member or pensioner member is also a deferred member, the fact that the person is an active member or pensioner member and the person's rights in that capacity are to be disregarded.

Payment of benefits to or in respect of a dual capacity member

200

(1) If a person is a dual capacity member of this scheme—

(a) the benefits that are payable to or in respect of the member in each of the member's capacities are treated separately for the purposes of these Regulations; and

(b) the amounts payable to or in respect of the member in each of the member's capacities are determined accordingly.

(2) In relation to payment of death benefits, paragraph (1) does not prevent the calculation under regulation 161 of a lump sum death grant payable on the death of an active member of this scheme being made by reference to amounts that are relevant to the member in another capacity.

CHAPTER 2 — Payment of benefits: general

Reduction in pension debit member's benefits

201

(1) The benefits to which a pension debit member is entitled under Part 7 are subject to the reduction to be made under section 31 of WRPA 1999.

(2) Member contributions and payments for added pension refunded under Part 10 to a pension debit member are subject to the reduction to be made under section 31 of WRPA 1999.

Late payment of retirement index adjustment or retirement PIA index adjustment

202

Nothing in these Regulations requires any part of a pension attributable to a retirement index adjustment or retirement PIA index adjustment to be paid before the end of the last active scheme year.

Commutation of small pensions

203

(1) This regulation applies if—

(a) the pension entitlement of a single capacity member or the pension entitlement of a single capacity member's beneficiary does not exceed the small pensions commutation maximum; or

(b) the total pension entitlement of a dual capacity member or the total pension entitlement of a dual capacity member's beneficiary does not exceed the small pensions commutation maximum.

(2) Unless the member has reached the member's state pension age, this regulation does not apply if—

(a) the pension entitlement of the member or the member's beneficiary under paragraph (1)(a) is equal to or exceeds the member's guaranteed minimum; or

(b) the total pension entitlement of the member or the member's beneficiary under paragraph (1)(b) is equal to or exceeds the member's guaranteed minimum.

(3) The scheme manager may pay the member or the member's beneficiary a lump sum of an amount advised by the scheme actuary as representing the cash value of the pension if—

(a) the member or the member's beneficiary consents to receipt of a lump sum in place of the pension; and

(b) the requirements of the commutation provisions that apply in the circumstances are met.

(4) 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.

(5) In this regulation—

“beneficiary”, in relation to a deceased member, means the surviving adult or eligible child of the member;

“the commutation provisions” means the provisions permitting the commutation of pensions set out in—regulation 19, 20 or 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 ;regulation 2 of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997 ;paragraph 7 of Schedule 29 (authorised lump sums – supplementary) to FA 2004 (which defines trivial commutation lump sums for the purposes of Part 4 of that Act) and, in relation to a pension payable under Part 9 (death benefits), paragraph 20 of that Schedule (which defines trivial commutation lump sum death benefit for the purposes of Part 4 of that Act) ; andregulation 3 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 ;

“single capacity member” means a member of this scheme who is not a dual capacity member; and

“the small pensions commutation maximum” means the amount that is permitted to be commuted having regard to the commutation provisions that apply in the circumstances.

CHAPTER 3 — Guaranteed minimum pensions

Interpretation and application

204

(1) This Chapter does not apply to—

(a) a pension that is forfeited—

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

(ii) under regulation 211 (forfeiture: offences committed by members), in a case 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;

(b) a pension that is commuted under regulation 132 (option for pension credit member to commute whole pension: serious ill-health); or

(c) a pension that is commuted under regulation 203 (commutation of small pensions) where the conditions in regulation 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (payment of a guaranteed minimum pension as a lump sum) are met.

(2) But if any other provision of this scheme is inconsistent with this Chapter, this Chapter prevails.

(3) In this Chapter—

(a) “GMP age”—

(i) for a man, means 65; and

(ii) for a woman, means 60; and

(b) references to the amount of a pension are to its amount after the subtraction of the commutation amount (if any).

Guaranteed minimum under section 14 of PSA 1993

205

(1) This regulation applies in relation to a member of this scheme (P) who has a guaranteed minimum under section 14 of PSA 1993 (earner's guaranteed minimum) in relation to benefits under this scheme.

(2) Nothing in these Regulations permits or requires anything that would cause requirements under that Act in relation to such a member and such a member's rights under a scheme 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 relation to P.

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

(5) Paragraph (6) applies if, apart from this regulation—

(a) a pension would not be payable to P under this scheme; or

(b) the weekly rate of the pensions payable would be less than the guaranteed minimum.

(6) A pension at a weekly rate equal to the guaranteed minimum is payable to P for life from—

(a) the date on which P reaches GMP age; or

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

(7) A pension is not payable under paragraph (6) until P leaves eligible service if, after reaching GMP age, P continues in eligible service.

(8) A pension is not payable under paragraph (6) until P leaves employment if—

(a) after reaching GMP age, P continues in employment that is not eligible service; and

(b) P consents to a postponement of P's entitlement under paragraph (6).

(9) If P continues in employment for 5 years after reaching GMP age and does not then leave employment, P is entitled from the end of that period to so much of P's pension under Parts 7 and 8 as equals P's guaranteed minimum (or, as the case may be, to so much of P's pensions under Parts 7 and 8 as together have a weekly rate equal to P's guaranteed minimum), unless P consents to a further postponement of P's entitlement under paragraph (6).

(10) In the circumstances provided for in paragraph (7), (8) or (9), the amount of the guaranteed minimum to which P is entitled under paragraph (6) is increased in accordance with section 15 of PSA 1993 (increase of guaranteed minimum where commencement of guaranteed minimum pension postponed).

(11) Paragraph (12) applies if P has a guaranteed minimum under section 14 of PSA 1993 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.

(12) If P becomes entitled to payment for life of a pension under Parts 7 and 8 before reaching GMP age, the weekly rate of the pension, so far as attributable to the transfer payment, must not be less than the guaranteed minimum, multiplied by such factor as is indicated in actuarial tables for a person of P's age and sex at the date on which the pension becomes payable.

Contracting–out rights

206

(1) This regulation applies if—

(a) P has ceased to be in employment that is contracted-out employment by reference to this scheme; and

(b) paragraph (2) applies.

(2) This paragraph applies if either—

(a) a transfer payment in respect of all P's rights to benefits under this scheme, except P's rights in respect of P's guaranteed minimum or rights under section 9(2B) of PSA 1993 (requirements for certification of schemes: general) (“P's contracting-out rights”) has been made; or

(b) P has no rights to benefits under this scheme apart from P's contracting-out rights.

(3) If this regulation applies—

(a) from the date on which P reaches GMP age, P is entitled to a pension payable for life at a weekly rate equal to P's guaranteed minimum (if any); and

(b) from the date on which P reaches normal pension age under this scheme, P is entitled to a lump sum and pension in respect of P's rights under section 9(2B) of PSA 1993.

(4) Despite paragraph (3), P is not to be regarded as a pensioner member of this scheme for the purpose of Part 9 (death benefits).

(5) In this regulation, “contracted-out employment” has the meaning given in section 8(1) of PSA 1993.

CHAPTER 4 — Appeals in relation to payment of benefits

Appeals to Crown Court

207

(1) This regulation applies in relation to payment of benefits under this scheme to or in respect of a member of a home police force.

(2) The member or person claiming payment of a benefit in respect of the member (P) may, subject to regulation 209 (limitation on appeals against decision of scheme manager), appeal to the Crown Court against any of the following decisions—

(a) a decision by the scheme manager to refuse to accept P's claim for payment of a benefit;

(b) a decision by the scheme manager to refuse to pay P a benefit the entitlement to which arises on the fulfilment of conditions which do not include a claim for payment;

(c) a decision by the scheme manager to refuse to accept P's claim for payment of a benefit larger than the benefit granted to P;

(d) a decision by the police pension authority acting in exercise of its functions as scheme manager under regulation 75 (permanent medical unfitness) as to whether a refusal to accept medical treatment is reasonable;

(e) a decision by the scheme manager under regulation 115 (cancellation of ill-health pension: failure to receive appropriate medical treatment) as to whether a refusal to accept medical treatment is reasonable;

(f) a decision by the scheme manager under regulation 107 (reduction of pension in case of default) to reduce the amount of pension payable to the member.

(3) The Crown Court, after enquiring into the case, may make such order in the matter as appears to it to be just.

Appeals to Secretary of State

208

(1) This regulation applies in relation to payment of benefits under this scheme to or in respect of a member of a police force in England and Wales other than a home police force.

(2) The member or person claiming payment of a benefit in respect of the member (P) may, subject to regulation 209, appeal to the Secretary of State against any of the following decisions—

(a) a decision by the scheme manager to refuse to accept P's claim for payment of a benefit;

(b) a decision by the scheme manager to refuse to pay P a benefit the entitlement to which arises on the fulfilment of conditions which do not include a claim for payment;

(c) a decision by the scheme manager to refuse to accept P's claim for payment of a benefit larger than the benefit granted to P;

(d) a decision by the police pension authority acting in exercise of its functions as scheme manager under regulation 75 (permanent medical unfitness) as to whether a refusal to accept medical treatment is reasonable;

(e) a decision by the scheme manager under regulation 115 (cancellation of ill-health pension: failure to receive appropriate medical treatment) as to whether a refusal to accept medical treatment is reasonable;

(f) a decision by the scheme manager under regulation 107 (reduction of pension in case of default) to reduce the amount of pension payable to the member.

(3) Regulation 225 (procedure on appeals to the Secretary of State) sets out the procedure for appeals under this regulation to the Secretary of State.

Limitation on appeals against decision of scheme manager

209

(1) A person may not appeal under regulation 207 (appeals to Crown Court) or 208 (appeals to the Secretary of State) against anything done by the scheme manager, police pension authority or pension supervising authority under a power conferred by these Regulations which is expressly stated to be a power in respect of which the scheme manager, police pension authority or pension supervising authority may exercise a discretion.

(2) Unless a court hearing an appeal under regulation 207 or a tribunal hearing an appeal under regulation 208 refers a medical decision for reconsideration under Schedule 1, the court or tribunal hearing the appeal are bound by a final decision of a medical authority under Schedule 1.

CHAPTER 5 — Forfeiture and set-off

Pension supervising authority

210

(1) For the purpose of this Chapter, the table in this regulation specifies the pension supervising authority for a member of a police force in England and Wales.

(2) The pension supervising authority may require the scheme manager to withhold benefits payable to a member under this Chapter.

Member of a police force	Pension supervising authority
A member of a police force maintained under section 2 of PA 1996.	A police and crime commissioner
A member of the metropolitan police force.	The Mayor's Office for Policing and Crime
A member of the City of London police force.	The Common Council
A person engaged on service as an inspector of constabulary or an assistant inspector of constabulary who is a former member of a home police force, the Police Service of Scotland or the police service in Northern Ireland.	The Secretary of State
A person appointed as Chief Inspector of Constabulary who is a former member of a home police force, the Police Service of Scotland or the police service in Northern Ireland.	The Secretary of State
A specified NCA officer .	The Secretary of State
A person engaged on service as chief executive of the body known as the College of Policing who immediately before beginning that service was in UK police service.	The College of Policing
A person holding the office of constable who is engaged as a member of staff of the Disclosure and Barring Service and who immediately before becoming so engaged was in UK police service.	The Disclosure and Barring Service
A person engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 who immediately before becoming so engaged was in UK police service.	The Independent Office for Police Conduct
A person in service as an officer pursuant to an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002.	The Secretary of State ...
A person appointed as Chief Inspector of the UK Border Agency who has held the office of constable and who immediately before the appointment was in UK police service.	The Secretary of State
A person engaged on temporary service in accordance with arrangements made under section 26(2) of PA 1996.	The Secretary of State
A person engaged on relevant service under section 97 of PA 1996.	The Secretary of State

Forfeiture: offences committed by members

211

(1) If a member is convicted of a relevant offence, the pension supervising authority may, to the extent the pension supervising authority considers appropriate, require the scheme manager to withhold benefits payable under this scheme to or in respect of the member.

(2) Paragraph (3) applies if benefits are to be withheld as a result of an offence falling within paragraph (b) of the definition of “relevant offence”.

(3) The scheme manager may only withhold that part of a person's pension that exceeds any guaranteed minimum to which the person is entitled under—

(a) section 14 of PSA 1993 (earner's guaranteed minimum); or

(b) section 17 of that Act (minimum pension for surviving spouses and civil partners).

(4) The pension supervising authority may to the extent that in its discretion it thinks fit restore to the member or apply for the benefit of an eligible child or surviving adult of the member any amount of pension that has been forfeited under this regulation.

(5) In this regulation—

“forfeiture certificate” means a certificate given by the Secretary of State for the Home Department stating that the Secretary of State for the Home Department considers that the offence—has been gravely injurious to the interests of the State; oris liable to lead to serious loss of confidence in service by members of police forces in England and Wales; and

“relevant offence” means—one or more offences under the Official Secrets Acts 1911 to 1989 , or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, for which the member has been sentenced on the same occasion to—a term of imprisonment of at least 10 years; or2 or more consecutive terms of imprisonment which add up to at least 10 years;an offence committed in connection with the member's service as a member of a police force and in respect of which the Secretary of State for the Home Department has issued a forfeiture certificate.

Forfeiture: offences committed by a member's beneficiary

212

(1) If the beneficiary of a deceased member of this scheme is convicted of a relevant criminal offence, the pension supervising authority may, to the extent the pension supervising authority considers appropriate, require the scheme manager to withhold benefits payable to the beneficiary in respect of the member.

(2) The scheme manager may withhold benefits but may only withhold that part of a pension that exceeds any guaranteed minimum to which the beneficiary is entitled under section 17 of PSA 1993.

(3) If the scheme manager withholds all of the benefits payable to a beneficiary, Part 9 (death benefits) applies as if the beneficiary had died before the member.

(4) In this regulation—

“beneficiary”, in relation to a deceased member of this scheme, means the surviving adult or eligible child of the member;

“relevant criminal offence” means—the murder of the member;the manslaughter of the member; orany other offence of which the unlawful killing of the member is an element.

Forfeiture: relevant monetary obligations and relevant monetary losses

213

(1) If a member (P) owes a relevant monetary obligation or has caused a relevant monetary loss, the pension supervising authority may, to the extent the pension supervising authority considers appropriate, require the scheme manager to withhold benefits payable to P under this scheme.

(2) The scheme manager may withhold benefits but may only withhold that part of P's pension that exceeds any guaranteed minimum to which P is entitled under section 14 of PSA 1993.

(3) The scheme manager may not withhold more than the lesser of—

(a) the amount of the relevant monetary obligation or relevant monetary loss; and

(b) the value of P's entitlement to benefits.

(4) The scheme manager may only withhold benefits if—

(a) there is no dispute as to the amount of the relevant monetary obligation or relevant monetary loss; or

(b) the relevant monetary obligation or relevant monetary loss is enforceable as follows—

(i) under an order of a competent court;

(ii) in consequence of an award of an arbitrator; or

(iii) in Scotland, in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.

(5) In this regulation—

“relevant monetary obligation” means a monetary obligation which—was incurred to the Crown or P's employer (if different);was incurred after P became an active member of this scheme;arose out of P's criminal, negligent or fraudulent act or omission; andarose out of or was connected with P's service as a member of a police force; and

“relevant monetary loss” means a monetary loss which—was caused to this scheme; andarose as a result of P's criminal, negligent or fraudulent act or omission.

Set-off

214

(1) The pension supervising authority may require the scheme manager to set off a relevant monetary obligation against a member's entitlement to benefits under this scheme.

(2) In this regulation, a “relevant monetary obligation” is a monetary obligation owed by a member (P), which satisfies the conditions in paragraph (3), (4) or (5).

(3) The conditions are that the monetary obligation—

(a) was incurred to the Crown or P's employer (if different);

(b) was incurred after P became an active member of this scheme; and

(4) The conditions are that the monetary obligation—

(a) was incurred to this scheme; and

(b) arose out of P's criminal, negligent or fraudulent act or omission.

(5) The conditions are that the monetary obligation—

(a) was incurred to this scheme; and

(b) arose out of a payment made to P in error by the scheme manager.

(6) Paragraph (7) applies if a set-off is to be applied as a result of P owing a relevant monetary obligation which satisfies the conditions in paragraph (3).

(7) Where this paragraph applies, the scheme manager may not apply a set-off against that part of P's entitlement to benefits that represents transfer credits within the meaning of section 124(1) (interpretation of Part 1) of PA 1995 (other than prescribed transfer credits for the purposes of section 91(5)(d) (exceptions from the inalienability of occupational pensions) of PA 1995 ).

(8) The scheme manager may only apply a set-off against that part of a member's pension that exceeds any guaranteed minimum to which the member is entitled under section 14 of PSA 1993.

(9) The value of the set-off applied must not exceed the lesser of—

(a) the amount of the relevant monetary obligation; and

(b) the value of P's entitlement to benefits.

(10) The scheme manager may only set off a relevant monetary obligation against P's entitlement to benefits if—

(a) there is no dispute as to the amount of the relevant monetary obligation; or

(b) the relevant monetary obligation is enforceable—

(i) under an order of a competent court;

(ii) in consequence of an award of an arbitrator; or

(iii) in Scotland, in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.

Forfeiture and set-off: procedure

215

(1) If the pension supervising authority proposes to require the scheme manager to withhold benefits or apply a set-off against a person's entitlement to benefits, the pension supervising authority must notify the person of the proposal in writing.

(2) If the scheme manager withholds benefits under regulation 213 (forfeiture: relevant monetary obligations and relevant monetary losses) or applies a set-off against an entitlement to benefits under regulation 214 (set-off), the scheme manager must give the member a certificate showing—

(a) the amount withheld or set off; and

(b) the effect of the withholding or set-off on the member's benefits under this scheme.

Forfeiture: appeals to Crown Court

216

(1) If the pension supervising authority proposes to require the scheme manager to withhold any benefits payable in respect of a person's service as a member of a home police force (“the member”), the member or a person claiming payment of a benefit in respect of the member may, subject to regulation 209 (limitations on appeals), appeal against the proposal to the Crown Court.

(2) On an appeal made under paragraph (1), the Crown Court may by order—

(a) confirm or reject the proposal; or

(b) amend the proposal so as to reduce the extent to which the benefits are withheld.

(3) The scheme manager must comply with any order made by the Crown Court.

Forfeiture: appeals to Secretary of State

217

(1) If the pension supervising authority proposes to require the scheme manager to withhold any benefits payable to or in respect of a member (“the member”) of a police force other than a home police force, the member or a person claiming payment of a benefit in respect of the member may, subject to regulation 209 (limitations on appeals), appeal against the proposal to the Secretary of State.

(2) Regulation 225 (procedure on appeals to the Secretary of State) sets out the procedure for appeals under this regulation to the Secretary of State.

CHAPTER 6 — Payment and deduction of tax

Scheme manager to be scheme administrator for purposes of Part 4 of Finance Act 2004

218

The scheme manager is appointed to be responsible for all functions that are functions conferred or imposed on the scheme administrator by or under Part 4 of FA 2004 (pension schemes etc).

Payment on behalf of members of lifetime allowance charge

219

(1) A member of this scheme may request the scheme manager to pay on the member's behalf any amount that is payable by way of the lifetime allowance charge under section 214 of FA 2004 (“the amount”) if—

(a) an event that is a benefit crystallisation event (“the event”) listed in the table in section 216(1) of FA 2004 occurs in relation to the member; and

(b) the member and the scheme manager are jointly and severally liable in relation to the event.

(2) A request may only be made by notice given to the scheme manager before the event occurs.

(3) The scheme manager may only comply with a request if the member pays the amount to the scheme manager on or before the date on which the event occurs.

Reduction of benefits where lifetime allowance charge payable

220

(1) This regulation applies if—

(a) an event that is a benefit crystallisation event (“the event”) listed in the table in section 216(1) of FA 2004 (“the table”) occurs in relation to a member;

(b) the member and the scheme manager are jointly and severally liable in relation to the event; and

(c) no request has been duly made under regulation 219 in relation to the event or, if such a request has been made, the scheme manager is prevented from complying with it by paragraph (3) of that regulation.

(2) If this regulation applies—

(a) the scheme manager must pay the tax payable on the event;

(b) if the event is benefit crystallisation event 8 in the table (transfer to qualifying recognised overseas pension scheme), the amount or value of the sums or assets transferred must be reduced; and

(c) in the case of any other event in the table, the amount or value of the benefits payable to or in respect of the member must be reduced.

(3) The amount or value of the reduction—

(a) must fully reflect the amount of the tax so paid;

(b) must be determined in accordance with guidance provided by the scheme manager; and

Information about payment of annual allowance charge

221

(1) If a member's pension scheme input amount for this scheme for a tax year exceeds the amount of the annual allowance for that tax year, paragraph (2) applies in respect of the member for that tax year.

(2) The scheme manager must, no later than 31st July after the end of the tax year, provide the member with any information the scheme manager considers appropriate to assist the member to arrange payment of the annual allowance charge for that tax year.

(3) In this regulation—

“annual allowance” has the meaning given in section 228 (annual allowance) of FA 2004 ;

“annual allowance charge” has the meaning given in section 227 (annual allowance charge) of FA 2004 ;

“pension scheme input amount” has the same meaning as in section 237B(2) of FA 2004 (liability of scheme administrator); and

“tax year” means a period of one year which is the period of assessment for income tax purposes.

Reduction of benefits where annual allowance charge paid by scheme manager

222

(1) This regulation applies where—

(a) a member gives a valid notice to the scheme manager—

(i) of joint and several liability to an annual allowance charge under section 237B of the FA 2004, or

(ii) of liability to an annual allowance charge in accordance with regulation 222A; and

(b) the scheme manager satisfies the liability specified in the notice.

(2) The amount or value of the benefits payable to or in respect of the member for the tax year to which the notice relates must be reduced by the scheme manager in accordance with paragraph (3).

(3) Subject to paragraph (4), the amount or value of the reduction of benefits—

(a) must fully reflect the amount paid by the scheme manager; and

(aa) in the case to which paragraph (1)(a)(ii) applies, where the liability has arisen in relation to more than one police pension scheme, must be proportionate to the part of that liability which relates to this scheme; and

(b) must be consistent with normal actuarial practice.

(4) Benefits may only be reduced under this regulation to the extent that the reduction would not result in the loss of any part of a guaranteed minimum pension to which a person is entitled under sections 14 (earner's guaranteed minimum) or 17 (minimum pension for surviving spouses and civil partners) of PSA 1993.

(5) In this regulation—

“annual allowance charge” has the meaning given in section 227 (annual allowance charge) of FA 2004; and

“tax year” means a period of one year which is the period of assessment for income tax purposes.

CHAPTER 7 — General

General prohibition on unauthorised payments

223

Nothing in these Regulations requires or authorises the making of any payment, which, if made, would be an unauthorised payment for the purposes of Part 4 of FA 2004 (pension schemes etc.) (see section 160(5) of that Act).

Calculation of periods of membership and service

224

(1) For the purposes of this scheme, periods of membership and service are to be expressed in the first instance in whole years, and days and fractions of a day, and the initial aggregation of periods that require to be aggregated is done in the first instance by reference to periods so expressed.

Procedure on appeals to the Secretary of State

225

(1) An appeal to the Secretary of State under regulation 208 (appeals to Secretary of State: payment of benefits) or 217 (appeals to Secretary of State: forfeiture) must—

(a) be made by notice in writing; and

(b) specify the grounds of appeal.

(2) The Secretary of State, on receiving a notice of appeal, must appoint an appeal tribunal (“the tribunal”) to hear the appeal.

(3) The tribunal must consist of 3 persons including—

(a) a barrister or solicitor of not less than 7 years' standing who must be appointed as chair;

(b) a former member of a police force who before leaving the police force held a rank not below Superintendent.

(4) The tribunal must—

(a) determine the time and place of the hearing and of any postponed or adjourned hearing; and

(b) give reasonable notice of those details to the appellant and to the scheme manager (“the parties”).

(5) Either party may—

(a) be represented before the tribunal by counsel, a solicitor or any other person the party considers appropriate;

(b) adduce evidence; and

(6) The tribunal must determine its own procedure but—

(a) the tribunal must have regard to the practice of the Crown Court that applies to an appeal under regulation 207 (appeals to Crown Court); and

(b) the rules of evidence that apply to an appeal under that regulation apply to an appeal under this regulation.

(7) The tribunal, after hearing and determining the appeal, may make any order as appears to it just.

(8) The order must state the reasons for the decision and each of the parties must be given a copy.

(9) Either party may appeal to the High Court in accordance with rules of court on any point of law arising from a decision of the tribunal under this regulation.

Evidence of entitlement

226

(1) The scheme manager may require any person who is receiving a pension under this scheme to provide evidence to establish—

(a) the person's identity; and

(b) the person's continuing entitlement to payment of any amount.

(2) If the person does not provide the required evidence, the scheme manager may withhold the whole or any part of any benefits payable under this scheme in respect of the person.

Provision of benefit information statements to members

227

The scheme manager must provide benefit information statements to each active member of this scheme in accordance with—

(a) section 14 of the Act (information about benefits); and

(b) Treasury directions given under that section.

Transitional provisions

228

Schedule 4 (transitional provisions) has effect.

SCHEDULE 1 — Medical decisions: appeals and reconsideration

Interpretation

1

In this Schedule—

“appeal board” means a board appointed under paragraph 6 of this Schedule;

“final decision” has the meaning given in paragraph 3;

“medical decision” means a decision contained in—a report by the selected medical practitioner under regulation 81 (referral of medical questions to a selected medical practitioner for purpose of regulation 82);a report by the selected medical practitioner under regulation 83 (compulsory retirement of member who was required to continue to serve);a report by the selected medical practitioner under regulation 86 (referral of medical questions for purpose of early payment of a full retirement pension on grounds of permanent medical unfitness);a report by the selected medical practitioner under regulation 107 (referral of medical questions for purpose of reduction of benefits);a report by the selected medical practitioner under regulation 117 (referral of medical questions for purpose of a review);a report by the appeal board under paragraph 2(5) (appeal against decision of a selected medical practitioner); ora fresh report by a medical authority under paragraph 3 (referral of final decision for reconsideration).

“medical authority” means a selected medical practitioner or an appeal board;

“police pension authority” means the police pension authority acting in exercise of its functions as employer or scheme manager;

“selected medical practitioner” means—a single duly qualified medical practitioner selected by the police pension authority; ora board of duly qualified medical practitioners selected by the police pension authority.

Appeal against decision of a selected medical practitioner

2

(1) Within 28 days after a member of a police force receives a copy of a report by the selected medical practitioner containing a medical decision (or such longer period as the police pension authority may allow), the member may give notice of appeal to the police pension authority against the decision in accordance with paragraph 7 (procedure and costs on appeals to appeal board).

(2) An appeal under this paragraph is to be held in accordance with paragraph 7.

(3) Sub-paragraph (4) applies if, within a further 28 days after the police pension authority receives the notice of appeal (or such longer period as the police pension authority may allow), the member gives the police pension authority a statement of the grounds of appeal.

(4) The police pension authority must, unless the member and the police pension authority agree to a further reference to a selected medical practitioner under paragraph 3—

(a) notify the Secretary of State that a statement of the grounds of appeal has been received; and

(b) refer the appeal to an appeal board for decision.

(5) The decision of the appeal board, if it disagrees with any part of the report of the selected medical practitioner—

(a) must be expressed in the form of a report; and

(b) subject to paragraph 3, that report is final.

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

Referral of final decision for reconsideration

3

(1) This paragraph applies if a medical authority has given a final decision in relation to a member of a police force (“the member”).

(2) For the purpose of this Schedule, a medical authority has given a final decision if—

(a) the selected medical practitioner has given a medical decision and the time for giving notice of appeal against the decision under paragraph 2(1) has expired without an appeal being made;

(b) the selected medical practitioner has given a medical decision and, following the giving of notice of appeal under paragraph 2(1), the police pension authority has not yet notified the Secretary of State of the appeal; or

(3) The police pension authority and the member may, by agreement, refer the final decision to the medical authority for reconsideration.

(4) The medical authority must reconsider the final decision and, if necessary, issue a fresh report.

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

(6) The fresh report is final, subject to—

(a) any further reconsideration of the final decision under this paragraph; or

(b) an appeal under paragraph 2 against the medical decision.

(7) In sub-paragraph (6), “appeal” means an appeal in respect of which a notice of appeal was given before the medical decision was referred under this paragraph.

(8) In this paragraph, “medical decision” does not include a decision contained in a fresh report issued under this paragraph.

Referral of final decision by court or tribunal

4

(1) If a court hearing an appeal under regulation 207 (appeals to Crown Court) or a tribunal hearing an appeal under regulation 208 (appeals to Secretary of State) considers that the evidence before the medical authority which gave a final decision was inaccurate or inadequate—

(a) the court or tribunal may refer the final decision to the medical authority for reconsideration in the light of such facts as the court or tribunal may direct; and

(b) the medical authority must reconsider the final decision and, if necessary, issue a fresh report.

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

(3) Subject to any further reconsideration under paragraph 3, the fresh report is final.

Referral to appointed medical practitioner

5

(1) If a final decision is referred to a medical authority for reconsideration under paragraph 3 or 4 and the medical authority is unable or unwilling to act, the final decision may be referred to an appointed medical practitioner.

(2) The decision of an appointed medical practitioner has effect as if it were that of the medical authority who gave the final decision.

(3) In this paragraph, “appointed medical practitioner” means a duly qualified medical practitioner or a board of duly qualified medical practitioners—

(a) agreed by the member of the police force and the police pension authority; or

(b) appointed by the court or tribunal.

Appointment of appeal board

6

(1) An appeal board must consist of not less than 3 medical practitioners—

(a) who are appointed by the police pension authority in accordance with arrangements approved by the Secretary of State; and

(b) of whom one must be appointed chair.

(2) At least one member of the appeal board must be a specialist in a medical condition relevant to the appeal.

(3) Where there is an equality of voting among members of the appeal board, the chair has a casting vote.

(4) There must be paid to the members of the appeal board—

(a) such fees as are determined in accordance with arrangements made by the Secretary of State; or

(b) where no such arrangements have been made, such fees and allowances as the Secretary of State may from time to time determine.

(5) Any fees or allowances so payable must, subject to paragraph 10 (costs payable if hearing is cancelled, adjourned or postponed)—

(a) be paid by the police pension authority; and

(b) be treated as part of the expenses of the police pension authority for the purposes of this paragraph.

Procedure and costs on appeals to appeal board

7

(1) The notice of appeal and the statement of grounds of appeal must be in writing.

(2) The police pension authority must send copies of the following documents to the Secretary of State and to the appeal board—

(a) the notice of appeal;

(b) the statement of grounds of appeal; and

Hearing the appeal

8

(1) The appeal board must—

(a) appoint a time and place for hearing the appeal and for any further hearings it may consider necessary; and

(b) give notice of the hearing to the appellant and the police pension authority (“the parties to the appeal”).

(2) Notice of a hearing must be given at least 2 months before the hearing (or any shorter period the parties to the appeal agree).

(3) The parties to the appeal must, not less than 35 days (including weekends and public holidays) before the date appointed for a hearing, inform the appeal board whether they intend to be represented at the hearing.

(4) The appeal board may interview or examine the appellant at any hearing.

(5) Any hearing (including any medical examination of the appellant) may be attended by—

(a) the selected medical practitioner or, if the selected medical practitioner is unavailable, a duly qualified medical practitioner appointed for the purpose by the police pension authority, and

(b) a duly qualified medical practitioner appointed for the purpose by the appellant.

(6) A medical practitioner mentioned in sub-paragraph (5) who attends a hearing may only observe a medical examination.

(7) If any hearing includes a medical examination, only medical practitioners may be present for that part of the hearing.

(8) The appeal board must supply the Secretary of State and the parties to the appeal with a written statement of its decision.

(9) If the appeal board disagrees with any part of the selected medical practitioner's report, the appeal board must supply a revised report.

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

Written evidence or a written statement

9

(1) A party to an appeal who intends to submit written evidence or a written statement at a hearing must, subject to sub-paragraph (2), submit it to the appeal board and the other party not less than 35 days before the date appointed for the hearing.

(2) If a party submits written evidence or a written statement under sub-paragraph (1), the other party may, not less than 7 days before the date appointed for the hearing, submit written evidence or a written statement in response.

(3) Any evidence or statement submitted under sub-paragraph (2) must be submitted to the appeal board and the party who submitted the evidence or statement under sub-paragraph (1).

(4) The appeal board may postpone or adjourn the date appointed for the hearing if—

(a) written evidence or a written statement is submitted in contravention of this paragraph; or

(b) it appears necessary to do so for the proper determination of the appeal.

(5) References in this paragraph to periods of days include weekends and public holidays.

Costs payable if hearing is cancelled, adjourned or postponed

10

(1) Subject to the following provisions, the expenses of each party to the appeal must be borne by that party.

(2) This sub-paragraph applies if a hearing is cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the police pension authority less than 22 days (including weekends and public holidays) before the date appointed for the hearing.

(3) If sub-paragraph (2) applies, the appeal board must require the police pension authority to pay to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending or arranging to attend the cancelled, adjourned or postponed hearing.

(4) This sub-paragraph applies if the appeal board determines that a hearing has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the appellant less than 22 days (including weekends and public holidays) before the date appointed for the hearing.

(5) If sub-paragraph (4) applies, the appeal board may require the appellant to pay towards the cost of the cancellation, adjournment or postponement such sum not exceeding the total costs of the cancellation, adjournment or postponement as the appeal board decides, taking account of representations from either party.

Costs payable on decision

11

(1) Costs are payable in accordance with this paragraph on determination of the appeal.

(2) If the appeal board decides in favour of the appellant, the police pension authority must refund to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending any hearing of the appeal.

(3) This sub-paragraph applies if the appeal board—

(a) decides in favour of the police pension authority; and

(b) reports that in its opinion the appeal was frivolous or vexatious.

(4) If sub-paragraph (3) applies, the police pension authority may, subject to sub-paragraph (5), require the appellant to pay towards the cost of the appeal such sum not exceeding the total fees and allowances of the members of the appeal board as the police pension authority thinks fit.

(5) If the appeal board, after taking account of any representations from either party, decides there are exceptional reasons why the appellant should not pay towards the cost of the appeal—

(a) the appeal board must give the parties written notice of its decision; and

(b) the police pension authority must not require the appellant to pay towards those costs.

SCHEDULE 2 — Progressive medical conditions

AIDS

Alzheimer’s disease;

Cancer;

Creutzfeld-Jacob disease;

Huntington’s chorea;

Motor neurone disease;

Multiple sclerosis;

Nieman Pick disease;

Non-variant Creutzfeld-Jacob disease;

Parkinson’s disease; and

Variant Creutzfeld-Jacob disease.

SCHEDULE 3 — Payments for added pension

PART 1 — General

Interpretation

1

In this Schedule—

“added pension option” means the option to make payments for added pension;

“amount of accrued added pension” means the total of—the amount of accrued added (self only) pension (if any); andthe amount of accrued added (all beneficiaries) pension (if any);

“appropriate pay period” means the pay period that the scheme manager considers appropriate;

“the compensation scheme” means the scheme contained in the determination made under regulation 14A of the 2003 Regulations (Annex DA) providing for payment of a compensation lump sum to a member of a police force on voluntary retirement;

“overall limit of added pension” has the meaning given in paragraph 2;

“periodical payment period” means the period for which periodical payments for added pension are payable;

“period of service”, in relation to this scheme, means a continuous period of pensionable service under this scheme;

“the relevant day”, in relation to a lump sum payment for added pension, means—if the scheme manager provides a statement of the amount of added pension, the first day after the period of one month beginning with the date of the statement; orotherwise, the day on which the lump sum payment is received by the scheme manager;

“the relevant scheme year” means the scheme year in which the relevant day falls; and

“statement of the amount of added pension” means the statement referred to in paragraph 16.

Meaning of “overall limit of added pension”

2

(1) The overall limit of added pension is—

(a) £6,500 for any scheme year ending before 1st April 2016; and

(b) for any scheme year beginning on or after 1st April 2016—

(i) the overall limit of added pension determined by the Treasury in respect of that scheme year as published before the start of that scheme year; or

(ii) if no such determination is made, the amount calculated under sub-paragraph (2).

(2) The amount is the amount to which the annual rate of a pension of an amount equal to the overall limit of added pension for the previous scheme year would have been increased under PIA 1971 if—

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

(b) the beginning date for that pension were the first day of the previous scheme year.

Amount of accrued added pension may not exceed overall limit of added pension

3

(1) At any given time, the total amount of accrued added pension in the active member's account may not exceed the overall limit of added pension.

(2) If a member has opted to make periodical payments for added pension under this scheme, the scheme manager may by written notice to the member cancel the added pension option if it appears to the scheme manager that the overall limit of added pension will be exceeded if the member continues to make the periodical payments.

(3) If the scheme manager cancels the option, the periodical payments cease to be payable from the next pay period beginning after the date specified in the notice of cancellation.

(4) For the purpose of this paragraph, “amount of accrued added pension” does not include any amount attributable to a lump sum payable to a member under the compensation scheme.

Refund of overpayments

4

The scheme manager must refund to a member the amount of any payment for added pension made by the member that results in the overall limit of added pension being exceeded.

PART 2 — Exercising the added pension option

Added pension option exercisable by member

5

(1) An active member of this scheme may opt to make payments for added pension to increase—

(a) the member's retirement benefits for a period of service; or

(b) the member's retirement benefits and death benefits payable in respect of the member for a period of service.

(2) A member may exercise the added pension option by written notice to the scheme manager (“the option notice”).

(3) The option notice must state whether the payments for added pension are to be made by—

(a) periodical payments; or

(b) a lump sum payment.

(4) If the whole or part of any lump sum payable to the member under the compensation scheme is to be used as a lump sum payment for added pension the option notice must specify this.

(5) A member may exercise the added pension option more than once but an option to make a lump sum payment for added pension may only be exercised once in any scheme year.

(6) An option to make a lump sum payment for added pension may only be exercised if the member—

(a) has been an active member of this scheme in relation to a continuous period of pensionable service for at least 12 months; and

(b) has been provided with a statement of the amount of added pension (if paragraph 16 applies).

PART 3 — Periodical payments for added pension

Application of Part

6

This Part applies in relation to an active member of this scheme who opts to make periodical payments for added pension under this scheme.

Member's option to make periodical payments for added pension

7

(1) The option notice must specify—

(a) the periodical payment period; and

(b) the amount of the periodical payment to be deducted by the member's employer from the member's pay in each pay period.

(2) The amount of the periodical payment may be expressed as—

(a) a percentage of the amount of a payment of the member's pensionable earnings; or

(b) a fixed sum.

(3) The amount of the periodical payment must not be less than any minimum amount determined by the scheme manager.

Cancellation of option by member

8

(1) The member may by written notice to the scheme manager cancel the option at any time during the periodical payment period (“notice of cancellation”).

(2) If the member cancels the option, the periodical payments cease to be payable from the beginning of the next scheme year after the scheme manager receives the notice of cancellation.

Periodical payments

9

(1) The periodical payments are payable by deduction by the member's employer from the member's pay during the periodical payment period.

(2) The periodical payment period—

(a) begins with—

(i) if the member exercises the option within 3 months after joining this scheme, the first appropriate pay period beginning on or after the date on which the scheme manager receives the option notice; or

(ii) in any other case, the first appropriate pay period of the scheme year beginning on or after the date on which the scheme manager receives the option notice; and

(b) ends on the earlier of—

(i) the date on which the member ceases to be an active member of this scheme; and

(ii) the date specified in the option notice.

(3) Subject to sub-paragraph (4), during a period of assumed pay the member may—

(a) stop the periodical payments; or

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.