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
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articles Not indexed
Reform history JSON API
90

S.I. 1997/785. Regulation 2 was amended by S.I. 2002/681, 2005/706, 2006/744, 2006/778 and 2009/2930.

91

Paragraph 7 was amended by Finance Act 2011 (c.11 ) Schedule 16 paragraphs 23 and 29 and Schedule 18 paragraphs 1, 3 and 4 and S.I. 2006/572.

92

Paragraph 20 was amended by Finance Act 2011 (c. 11) Schedule 16 paragraphs 32 and 39 and Schedule 18 paragraphs 1, 3 and 6.

93

S.I. 2000/1054. Regulation 3 was amended by S.I. 2009/2930.

94

1989 c.6; see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.

95

S.I. 1996/1172. Regulation 162 was substituted by S.I. 2006/744 and amended by S.I. 2006/1337, 2009/2930 and 2010/499.

96

Section 14 was amended by the Pensions Act 1995 (c. 26) Schedule 5 paragraph 27 and Schedule 7 Part 3, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) Schedule 1 paragraph 38 and the Proceeds of Crime Act 2002 (c. 29) Schedule 11 paragraphs 1 and 22.

97

Subsection (2B) was inserted by the Pensions Act 1995 (c. 26) section 136(3) and amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 Schedule 1 paragraph 35.

98

See paragraph 1 of Schedule 1 for the meaning of “medical decision”.

99

See paragraph 1 of Schedule 1 for the meaning of “medical authority”.

100

See section 101 of PA 1996 for the meaning of “a police and crime commissioner”.

101

See section 101 of PA 1996 for the meaning of “the Common Council”.

102

See regulation 6 for the meaning of “specified NCA officer”.

104

Section 17 was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) Schedule 1 paragraph 39; the Child Support, Pensions and Social Security Act 2000 (c. 19) Schedule 5 paragraph 1 and Schedule 9 Part 3; the Pensions Act 2004 (c. 35) section 284(2); the Pensions Act 2007 (c. 22) section 14(2); the Marriage (Same Sex Couples) Act 2013 (c. 30) Schedule 4 paragraphs 18 and 20; and S.I. 2005/2050 and 2014/560.

105

1989 c. 6; see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.

106

Section 124(1) was amended by the Welfare Reform and Pensions Act 1999 (c. 30) Schedule 12 paragraphs 43 and 61, the Child Support, Pensions and Social Security Act 2000 (c. 19) Schedule 5 paragraph 8, the Pensions Act 2004 section7(2), Schedule 12 paragraphs 34, 43 and 69 and Schedule 13 Part 1 and S.I. 2005/2053, 2006/745 and 2014/560.

107

Section 91(5)(d) was amended by the Welfare Reform and Pensions Act 1999 (c. 30) Schedule 12 paragraphs 43 and 57. See S.I. 1997/785 which prescribes the transfer credits.

108

Section 216(1) was amended by the Finance Act 2005 (c.7) Schedule 10 paragraphs 1, 31 and 42; the Finance Act 2006 (c.25) Schedule 23 paragraphs 1 and 30; the Finance Act 2008 (c.9) Schedule 29 paragraphs 1, 4 and 5; and the Finance Act 2011(c.11) Schedule 16 paragraphs 43, 62, 73 and 104.

109

Section 228 was substituted by the Finance Act 2011, Schedule 17, paragraph 4 and was amended by the Finance Act 2013, section 49.

110

Section 227 was amended by the Finance Act 2009 (c. 10), Schedule 2, paragraphs 10 and 15 and the Finance Act 2011, Schedule 17, paragraph 3.

111

2004 c. 12; section 237B was inserted by the Finance Act 2011 (c. 11), Schedule 17, paragraph 15 and was amended by the Finance Act 2013 (c. 29), Schedule 46, paragraphs 119 and 129.

112

Added pension which increases the member’s retirement benefits is payable to the member as part of the member’s full retirement pension in accordance with the provisions of Part 7.

116

See Chapter 1 of Part 4 (active membership) for when a member of a police force is taken to be an active member of this scheme.

117

A copy is available at https://www.gov.uk/government/publications/police-pension-reform-design-framework.

118

See regulation 22 for periods of unpaid leave during which the employment relationship continues.

119

See the definition of “pensionable service” in section 37 of the Act.

120

See S.I. 1987/2215 for purchase of added 60ths. See regulations 56 to 60 of the 2006 Regulations for purchase of added years.

121

See Part 6 (retirement benefits) for the meaning of “qualifying service”.

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.

Active member of the 2009 NI police pension scheme on scheme closing date

Editorial notes

122

See also section 1(3) of, and Schedule 1 to, the Public Service Pensions Act 2013 (“the Act”).

123

See also section 8(2)(a) and (4) of the Act.

124

See also section 12(1) to (3) and (5) of the Act. Section 12 of the Act comes into force on 1st April 2015.

133

S.R. 1988 (N.I.) No. 364.

136

S.R. 2009 (N.I.) No. 79.

138

See section 37 of the Act for the meaning of “pensionable service”.

139

Section 8(2) was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7) section 1(5) and the Welfare Reform and Pensions Act 1999 (c.30) section 39(1) and (4). Section 8(2) of PIA 1971 may be applied subject to such modifications, adaptations and exceptions as may be specified in regulations under section 5(3) of that Act.

141

Under section 9 of the Act the change in prices to be applied in a period is the percentage increase or decrease as a Treasury order under that section may specify in relation to the period.

145

See section 10(2) of the Act for the meaning of normal pension age under this scheme.

149

Under paragraph 7 of Schedule 1 to the Act, “members of a police force” in relation to England and Wales includes special constables and police cadets. See section 101 of PA 1996 for the meaning of “police force”.

151

See regulation 22 for periods of unpaid leave during which the employment relationship continues.

152

See regulation 22 for periods of unpaid leave during which the employment relationship continues.

153

See regulation 6 for the meaning of “specified NCA officer”.

157

See section 101 of PA 1996 for the meaning of “a police and crime commissioner”.

158

See section 101 of PA 1996 for the meaning of “the Mayor's Office for Policing and Crime”.

159

See section 101 of PA 1996 for the meaning of “the Common Council”.

161

See section 101 of the Police Act 1996 (c. 16) for the meaning of “police area”.

162

See section 4(6) of the Act which sets out when statutory pension schemes are “connected”.

163

See section 37 of the Act for the meaning of “defined contributions scheme”.

165

See section 5(8) of the Act for the meaning of “pension board”.

166

See section 5(6) of the Act for the meaning of “employer representatives” and “member representatives”.

167

See section 5(5) of the Act for the meaning of “conflict of interest”.

168

See section 7(6) of the Act for the meaning of “scheme advisory board”.

169

See section 7(5) of the Act for the meaning of “conflict of interest”.

170

See regulation 22 for periods of unpaid leave during which the employment relationship continues.

171

See section 18(2) of the Act for the meaning of “existing scheme”.

172

See regulation 22 for periods of unpaid leave during which the employment relationship continues.

174

See Chapter 1 of this Part. For the purpose of these Regulations, a member of a police force on a period of unpaid leave from that police force remains in eligible service.

175

See regulation 28 for when an opt-in has effect.

176

2008 c. 30. Section 5 was amended by the Pensions Act 2011 (c. 19) sections 4(2), (3) and (4), 5(3) and (4) and 6(3).

178

See section 18(2) of the Act for the meaning of “existing scheme”.

179

See regulation 22 for periods of unpaid leave during which the employment relationship continues.

180

Regulation 177 provides for extinguishment of rights following the refund of all members' contributions and payments for added pension made by the member. Regulation 186 provides for extinguishment of rights following the making of a transfer value payment.

181

See regulation 22 for periods of unpaid leave during which the employment relationship continues.

182
183

See Chapter 1 of Part 4 (active membership) for when a member of a police force is taken to be an active member of this scheme.

184

See regulation 91(3) for entitlement to early payment of a full retirement pension on grounds of permanent medical unfitness.

185

See Chapter 1 of Part 4 (active membership) for when a member of a police force is taken to be an active member of this scheme.

186

This includes any service transferred into the 2006 scheme before the member's transition date.

187

This includes any service transferred into the 1987 scheme before the member's transition date.

188

Regulation 177 provides for extinguishment of rights following the refund of all members' contributions and payments for added pension made by the member. Regulation 186 provides for extinguishment of rights following the making of a transfer value payment.

189

See Chapter 4 of Part 4 for when a member is eligible under this scheme for payment of ill-health benefits.

190

See regulation 91(3) for when a full retirement pension comes into payment early on grounds of permanent medical unfitness.

191

For the annual rate of a transition member's ill-health pension, see Schedule 4, Part 6.

192

An ill-health pension is payable from the day after the date on which the police pension authority requires the member to retire under Part 6.

193

Regulation 45 provides for the calculation of an amount of accrued earned pension. This amount forms the basis for determining the amount of retirement earned pension under regulation 69. The annual rate of retirement earned pension in relation to active members is calculated under regulation 98.

194

See regulation 91(3) for when a full retirement pension comes into payment early on grounds of permanent medical unfitness.

195

See provisions on appeals.

196

See regulation 91(3) for when a full retirement pension comes into payment early on grounds of permanent medical unfitness.

198

See Chapter 1 of Part 4 (active membership) for when a member of a police force is taken to be an active member of this scheme.

199

See section 1 of the Civil Partnership Act 2004 (c. 33) for the meaning of “civil partnership”.

200

1989 c. 6; see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.

201

Paragraph 14 was amended by the Finance Act 2011 (c. 11) Schedule 16 paragraphs 32 and 34.

202

See Chapter 2 of Part 4 (determination of eligibility for payment of ill-health benefits).

203

Section 205 was amended by Finance Act 2013 (c. 29) Schedule 46 paragraphs 119 and 121 and S.I. 2010/536.

204

Chapter 5 of Part 4 of PSA 1993 was inserted by section 264 of the Pensions Act 2004 (c. 35).

205

Section 169(2) was amended by the Finance Act 2013 (c. 29) section 53(2) and (3).

206
207

Section 96(2) was amended by PA 1995, paragraph 63 of Schedule 5; WRPA 1999, paragraph 3 of Schedule 2 and Part 1 of Schedule 13; the Pensions Act 2007 (c. 22), paragraphs 1 and 29 of Schedule 4 and Part 6 of Schedule 7; and S.I. 2011/1730.

208

This provision overrides regulation 6(3) of S.I. 1996/1847.

210

S.I. 1997/785. Regulation 2 was amended by S.I. 2002/681, 2005/706, 2006/744, 2006/778 and 2009/2930.

211

Paragraph 7 was amended by Finance Act 2011 (c.11 ) Schedule 16 paragraphs 23 and 29 and Schedule 18 paragraphs 1, 3 and 4 and S.I. 2006/572.

212

Paragraph 20 was amended by Finance Act 2011 (c. 11) Schedule 16 paragraphs 32 and 39 and Schedule 18 paragraphs 1, 3 and 6.

213

S.I. 2000/1054. Regulation 3 was amended by S.I. 2009/2930.

214

1989 c.6; see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.

215

S.I. 1996/1172. Regulation 162 was substituted by S.I. 2006/744 and amended by S.I. 2006/1337, 2009/2930 and 2010/499.

216

Section 14 was amended by the Pensions Act 1995 (c. 26) Schedule 5 paragraph 27 and Schedule 7 Part 3, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) Schedule 1 paragraph 38 and the Proceeds of Crime Act 2002 (c. 29) Schedule 11 paragraphs 1 and 22.

217

Subsection (2B) was inserted by the Pensions Act 1995 (c. 26) section 136(3) and amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 Schedule 1 paragraph 35.

218

See paragraph 1 of Schedule 1 for the meaning of “medical decision”.

219

See paragraph 1 of Schedule 1 for the meaning of “medical authority”.

220

See section 101 of PA 1996 for the meaning of “a police and crime commissioner”.

221

See section 101 of PA 1996 for the meaning of “the Common Council”.

222

See regulation 6 for the meaning of “specified NCA officer”.

224

Section 17 was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) Schedule 1 paragraph 39; the Child Support, Pensions and Social Security Act 2000 (c. 19) Schedule 5 paragraph 1 and Schedule 9 Part 3; the Pensions Act 2004 (c. 35) section 284(2); the Pensions Act 2007 (c. 22) section 14(2); the Marriage (Same Sex Couples) Act 2013 (c. 30) Schedule 4 paragraphs 18 and 20; and S.I. 2005/2050 and 2014/560.

225

1989 c. 6; see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.

226

Section 124(1) was amended by the Welfare Reform and Pensions Act 1999 (c. 30) Schedule 12 paragraphs 43 and 61, the Child Support, Pensions and Social Security Act 2000 (c. 19) Schedule 5 paragraph 8, the Pensions Act 2004 section 7(2), Schedule 12 paragraphs 34, 43 and 69 and Schedule 13 Part 1 and S.I. 2005/2053, 2006/745 and 2014/560.

227

Section 91(5)(d) was amended by the Welfare Reform and Pensions Act 1999 (c. 30) Schedule 12 paragraphs 43 and 57. See S.I. 1997/785 which prescribes the transfer credits.

228

Section 216(1) was amended by the Finance Act 2005 (c.7) Schedule 10 paragraphs 1, 31 and 42; the Finance Act 2006 (c.25) Schedule 23 paragraphs 1 and 30; the Finance Act 2008 (c.9) Schedule 29 paragraphs 1, 4 and 5; and the Finance Act 2011(c.11) Schedule 16 paragraphs 43, 62, 73 and 104.

229

Section 228 was substituted by the Finance Act 2011, Schedule 17, paragraph 4 and was amended by the Finance Act 2013, section 49.

230

Section 227 was amended by the Finance Act 2009 (c. 10), Schedule 2, paragraphs 10 and 15 and the Finance Act 2011, Schedule 17, paragraph 3.

231

2004 c. 12; section 237B was inserted by the Finance Act 2011 (c. 11), Schedule 17, paragraph 15 and was amended by the Finance Act 2013 (c. 29), Schedule 46, paragraphs 119 and 129.

232

Added pension which increases the member's retirement benefits is payable to the member as part of the member's full retirement pension in accordance with the provisions of Part 7.

236

See Chapter 1 of Part 4 (active membership) for when a member of a police force is taken to be an active member of this scheme.

237

A copy is available at https://www.gov.uk/government/publications/police-pension-reform-design-framework.

238

See regulation 22 for periods of unpaid leave during which the employment relationship continues.

239

See the definition of “pensionable service” in section 37 of the Act.

240

See Part 6 (retirement benefits) for the meaning of “qualifying service”.

248

Reg. 222A inserted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 37(2)

249

Words in reg. 2 substituted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 31

250

Words in reg. 5 omitted (with effect in accordance with reg. 1(2)(d) of the amending S.I) by virtue of The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 32

251

Words in reg. 62(2) substituted (with effect in accordance with reg. 1(2)(d) of the amending S.I) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 33

252

Words in reg. 135(1)(a) substituted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 34(1)(a)(i)

253

Reg. 135(1)(a)(iv) omitted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by virtue of The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 34(1)(a)(ii)

254

Reg. 135(1)(b) omitted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by virtue of The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 34(1)(b)

255

Reg. 135(3)(4) omitted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by virtue of The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 34(1)(c)

256

Words in reg. 156(2)(b)(i) substituted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 34(2)(a)

257

Words in reg. 156(4) inserted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 34(2)(b)

258

Words in reg. 156(5) inserted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 34(2)(b)

259

Reg. 156(5A)-(5C) inserted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 34(2)(c)

260

Reg. 166(1)(za) inserted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 35(1)

261

Words in reg. 172(7) substituted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 36

262

Reg. 222(1)(a) substituted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 37(1)(a)

263

Reg. 222(3)(aa) inserted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 37(1)(b)

264

Word in Sch. 4 para. 34(2) substituted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 35(2)(a)

265

Word in Sch. 4 para. 34(3) substituted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 35(2)(b)

270

See section 101 of PA 1996 for the meaning of “the Mayor’s Office for Policing and Crime”.

293

Words in reg. 174(1) substituted (1.10.2024 with effect from 1.4.2024) by The Police Pensions (Employer Contributions) (Amendment) Regulations 2024 (S.I. 2024/920), regs. 1(2), 3(2)(a)

Voluntary scheme pays arrangement

222A
  • (1) A member may serve notice on the scheme manager requesting the scheme manager to discharge an annual allowance charge where the conditions in paragraph (2) are satisfied.
  • (2) The conditions mentioned in paragraph (1) are that—
  • (a) the scheme manager is not jointly liable under section 237B of the FA 2004 (liability of scheme administrator) in relation to the charge;
  • (b) the pension scheme input amount for a tax year for the member in relation to all police pension schemes of which the individual is a member, exceeds the annual allowance applicable to that member for that tax year; and
  • (c) the amount of the member’s liability to an annual allowance charge for a tax year exceeds £1,000.
  • (3) The scheme manager may fix a date in relation to any tax year by which a notice under paragraph (1) must be given.
  • (4) Where the scheme manager satisfies a liability under paragraph (1), consequential adjustment must be made to the member’s entitlement to benefits under this scheme on a basis that is just and reasonable having regard to normal actuarial practice.
  • (5) 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) (liability of scheme administrator) of FA 2004;
  • “police pension schemes” means this scheme, the 1987 scheme or the 2006 scheme;
  • “tax year” means a period of one year which is a period of assessment for income tax purposes.

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