39. Subject to and in accordance with the provisions of these Regulations, where a regular police officer dies or has died–
(a)while the officer is in receipt of an ordinary pension, an ill-health pension or a deferred pension;
(b)after the officer has ceased to serve as such in circumstances where no transfer value was paid in respect of that officer’s service and the officer is entitled to a deferred pension, whether or not that pension has come into payment;
(c)while the officer is serving as such and fulfils the qualifying service criterion and no election under regulation 9 has effect at the time of that officer’s death; or
(d)while the officer is serving as such and, having made an election under regulation 9 which has effect at the time of that officer’s death, the officer is entitled to a deferred pension,
a survivor such as is mentioned in regulation 40 shall be entitled to a pension calculated in the case of an adult survivor in accordance with regulation 41 and in the case of a child survivor in accordance with regulation 42.
40.—(1) For the purposes of regulation 39 a survivor shall mean–
(a)a person who at the time of the death of the officer concerned was that officer’s spouse, civil partner or, subject to paragraph (2), other adult partner (“an adult survivor”);
(b)a child (“a child survivor”) who is–
(i)a natural child, step-child or adopted child of the officer concerned (including a child conceived before the officer’s death and born after that death to a person mentioned in sub-paragraph (a)); or
(ii)any other child who at the time of the death of the officer concerned was substantially dependent, financially or by reason of permanent disablement, on the officer.
(2) An adult partner other than a spouse or civil partner shall not be entitled to a pension under these Regulations unless–
(a)the police officer concerned had made and sent to the police authority of the force in which the officer was then serving or by whom that officer’s pension was or would be payable a declaration, signed by the police officer and the adult partner concerned, that–
(i)the police officer and the adult partner concerned were cohabiting as partners in an exclusive, committed and long-term relationship;
(ii)the adult partner was financially dependent on the officer or they were financially interdependent; and
(iii)the officer and the adult partner were both free to marry each other (where they are of opposite sex) or to form a civil partnership with each other (where they are of the same sex),
and the police officer had acknowledged an obligation to send to the police authority a signed notice of revocation should the relationship terminate and had not revoked that declaration before that officer’s death; and
(b)the surviving adult partner has submitted a claim in writing to the police authority by whom such a pension would be payable and satisfied the authority–
(i)that the circumstances mentioned in sub-paragraph (a)(i), (ii) and (iii) continued to subsist at the time of the officer’s death; and
(ii)that the period of cohabitation mentioned in sub-paragraph (a)(i) had been of at least 2 years' duration at the time of the officer’s death.
(3) The police authority may in their discretion accept a shorter period of cohabitation than that mentioned in paragraph (2)(b)(ii) where they are satisfied, in the particular circumstances of the case, that it is likely that the police officer and the adult partner concerned would have cohabited as partners for at least 2 years had the police officer not died.
(4) Upon receipt of a declaration or notice of revocation of such a declaration made in accordance with paragraph (2)(a), the police authority shall forthwith send to the officer concerned a written notification of its receipt.
41.—(1) An adult survivor’s pension shall be calculated in accordance with the provisions of this regulation, subject to regulations 33(4) and 37(5).
(2) Subject to paragraphs (6) and (7), in a case where the police officer concerned died in the circumstances mentioned in regulation 39(a), (b) or (d), an adult survivor of that officer shall be entitled to an annual pension payable for life of an amount equivalent to half of the annual pension which was payable to the officer at the time of that officer’s death or, as the case may be, would have been payable to the officer if that officer’s deferred pension had come into payment immediately before that officer’s death.
(3) Subject to paragraphs (6) and (7), in a case where the police officer concerned died in the circumstances mentioned in regulation 39(c), an adult survivor of that officer shall be entitled to an annual pension payable for life of an amount equivalent to half of the annual sum that would have been payable to the officer if that officer had retired immediately before that officer’s death with an entitlement to both a standard and an enhanced top-up ill-health pension calculated in accordance with regulations 30 and 31.
(4) Where the police officer concerned was a pension debit member, an adult survivor’s pension is calculated by reference to the member’s rights under these Regulations as reduced by virtue of section 31 of the 1999 Act and in accordance with such tables and other guidance as are provided for the purpose by the Scheme actuary.
(5) An adult survivor’s pension shall be calculated by reference to the annual pension which was payable or would have been payable to the police officer as mentioned in paragraph (2), or by reference to the annual sum that would have been payable to the police officer as mentioned in paragraph (3), without taking account of any increase of that annual pension or annual sum in accordance with the Pensions (Increase) Acts.
(6) In the case of an adult survivor who was more than 12 years younger than the police officer concerned at the date of that officer’s death, the survivor’s pension, as calculated in accordance with paragraph (2), (3) or (4), as the case may require, and paragraph (5), shall be reduced by 2.5 per cent in respect of each whole year and any additional part of a year in excess of 12 by which the survivor was younger than the officer:
Provided that no such reduction shall exceed 50 per cent of the pension that would otherwise be payable.
(7) In any case where the adult survivor is a surviving spouse or surviving civil partner and the marriage of the spouse and the officer concerned took place, or, as the case may be, the civil partnership was formed, within the period of 6 months immediately preceding the officer’s death, the police authority by whom the survivor’s pension is payable may, in their discretion, withhold the pension.
(8) The amount of an adult survivor’s pension, calculated in accordance with the preceding provisions of this regulation, shall be increased in accordance with regulation 50.
42.—(1) Subject to the provisions of this regulation and regulations 33(4) and 37(5), a child survivor’s pension shall be an annual amount equivalent to half of the pension which would be payable to any adult survivor as calculated in accordance with regulation 41(2) or (3), as the case may require, and regulation 41(5):
Provided that where 3 or more child survivors' pensions are for the time being payable in respect of the death of the same person, the pension payable to each child survivor shall be an annual amount equal to the pension which would be payable to an adult survivor as so calculated divided by the total number of child survivors' pensions so payable.
(2) Where a pension debit member dies leaving a child survivor, the reduction in the member’s rights under these Regulations by virtue of section 31 of the 1999 Act(1) is disregarded for the purposes of calculating any child survivor’s award payable to that child under these Regulations.
(3) In a case where a child survivor is in full-time training for a trade, profession or calling or is employed and is in receipt of remuneration in respect of that training or employment, the child survivor’s pension shall be withdrawn or reduced in accordance with paragraph (4).
(4) In the case of a child survivor such as is mentioned in paragraph (3)–
(a)if the annual amount of the child survivor’s pension is greater than the amount of the excess remuneration (within the meaning of paragraph (5)), it shall be reduced by the amount of that excess remuneration; or
(b)if the amount of that excess remuneration is equal to or greater than the annual amount of the child survivor’s pension which, but for this sub-paragraph, would be payable to the child survivor, the child survivor’s pension shall not be payable.
(5) The excess remuneration referred to in paragraph (4) means the annual amount by which the annual rate of the relevant child survivor’s remuneration exceeds the specified rate, where “specified rate” means a sum equivalent to the annual rate (rounded up to the nearest £1) of the applicable amount of personal allowance payable to a single claimant aged not less than 18 but less than 25 years, as specified in the Income Support (General) Regulations 1987(2) as uprated from time to time in accordance with an order under section 150(2) of the Social Security Administration Act 1992(3).
(6) A child survivor’s pension shall be payable–
(a)in a case where the child survivor was, in the opinion of the police authority, at the time of the police officer’s death, dependent on the officer by reason of permanent disablement, for life;
(b)in a case where the child is in full-time education on a course of at least 1 year’s duration, until the child ceases to be in full-time education or attains the age of 23 years, whichever first occurs; and
(c)in any other case, until the child survivor attains the age of 19 years.
(7) A child survivor’s pension, calculated in accordance with this regulation, shall be increased in accordance with regulation 50.
1992 c. 5; amended by the Pension Schemes Act 1993 (c. 48), Schedule 8, the Social Security (Incapacity for Work) Act 1994 (c. 18), section 2, 9 and Schedule 2, the Pensions Act 1995 (c. 26), section 131, the Tax Credits Act 1999 (c. 10), section 1 and Schedule 1 paragraph 3 and the Welfare Reform and Pensions Act 1999 (c. 30), section 84 and Schedule 12 paragraph 24.