Regulation 6(2), (3) and (4)
SCHEDULE 2APPLICATION OF REGULATIONS TO OFFICERS TO WHOM REGULATION 6(2) AND (3) APPLIES
1. This paragraph applies to a regular police officer to whom these Regulations apply by virtue of regulation 6(2)(a)(ii).
2. This paragraph applies to a regular police officer to whom these Regulations apply by virtue of regulation 6(2)(a)(iii).
3. This paragraph applies to a regular police officer to whom these Regulations apply by virtue of regulation 6(2)(a)(iv) or (v).
4. An officer to whom paragraph 3 applies may, instead of retaining that officer’s entitlement to that officer’s ordinary pension under regulation B1 of the 1987 Regulations or, as the case may be, that officer’s deferred pension under regulation B5 of those Regulations, elect to relinquish that officer’s entitlement to the ordinary or deferred pension and to reckon as pensionable service for the purposes of these Regulations the pensionable service the officer was entitled to reckon under the 1987 Regulations at the time of that officer’s retirement with an entitlement to the ordinary or deferred pension.
5. An election under paragraph 4 shall be made by the officer concerned in the form of a transfer election in accordance with the provisions of Schedule 3.
6. An officer to whom paragraph 1 applies may elect to pay to the police authority of the force in which the officer is then serving a sum equal to the amount of that officer’s award by way of repayment of that officer’s aggregate pension contributions under regulation B6 of the 1987 Regulations and to reckon as pensionable service for the purposes of these Regulations the pensionable service the officer was entitled to reckon under the 1987 Regulations at the time of that officer’s retirement with an entitlement to the award.
7. An election under paragraph 6 shall be made by the officer concerned in the form of a transfer election in accordance with the provisions of Schedule 3.
8. Subject to the following provisions of this Schedule, where a regular police officer to whom these Regulations apply by virtue of regulation 6(2) pays pension contributions under regulation 7(1), that officer shall be eligible for awards to be payable to or in respect of that officer under these Regulations.
9. The pensionable service reckonable by an officer–
(a)to whom paragraph 1 applies and who has made an election in accordance with paragraphs 6 and 7;
(b)to whom paragraph 2 applies;
(c)to whom paragraph 3 applies and who has made an election in accordance with paragraphs 4 and 5; or
(d)such as is mentioned in regulation 6(3), who cancels that officer’s election in the circumstances mentioned in regulation 6(4) but does not make a transfer election under regulation 6(8),
shall be determined in accordance with regulations 10 to 16, except that regulation 16 shall have effect as if–
(e)there were inserted in paragraph (1) after “35 years”,
“less the total pensionable service the officer was entitled to reckon under the 1987 Regulations, calculated in accordance with paragraphs (3) and (4), at the time–
(i)of that officer’s retirement with an entitlement to–
(aa)an ordinary pension under regulation B1; or, as the case may be,
(bb)a short service award under regulation B2;
(cc)a deferred pension under regulation B5; or
(dd)an award by way of repayment of aggregate pension contributions under regulation B6,
of the 1987 Regulations; or
(ii)in a case falling within paragraph 9(d) of Schedule 2, when the officer cancelled that officer’s election in the circumstances mentioned in regulation 6(4)”; and
(f)there were added, at the end, the following paragraphs–
“(3) For the purposes of paragraph (1), the total pensionable service which a regular police officer was entitled to reckon at the time mentioned in paragraph (1)(a)(i), (ii), (iii) or (iv) or (b), as the case may be, shall be calculated by the police authority as the sum of–
(a)the pensionable service the officer was entitled to reckon under Part F of the 1987 Regulations at the time multiplied by the appropriate conversion factor–
(i)where the officer has not yet attained the age of 55 years, applicable to that officer’s age next birthday at the notional commencement of pension contributions under the 1987 Regulations; or
(ii)where the officer has attained the age of 55 years, applicable to the number of years' qualifying service as a regular police officer that officer had completed as at the time of that officer’s retirement mentioned in paragraph (1)(a), (b), (c) or (d), as the case may be,
given in the following table–
TABLE OF CONVERSION FACTORS
| If under age 55 | If aged 55 or above | Periods with full spouse benefit | For female officers, periods with no spouse benefit |
|---|---|---|---|
| Age next birthday at the notional commencement of pension contributions under 1987 Regulations | Number of years' qualifying service completed at date of retirement mentioned in paragraph (1) | ||
| 25 and below | 30 | 7/6ths | 113% |
| 26 | 29 | 115% | 111% |
| 27 | 28 | 113% | 109% |
| 28 | 27 | 111% | 107% |
| 29 | 26 | 108% | 104% |
| 30 | 25 | 105% | 104% |
| 31 | 24 | 102% | 98% |
| 32 | 23 | 99% | 95% |
| 33 | 22 | 96% | 92% |
| 34 | 21 | 92% | 88% |
| 35 and above | 20 or fewer | 88% | 84% |
and
(b)in the case of a regular police officer such as is mentioned in paragraph 9(c) of Schedule 2 who had elected to purchase increased benefits in accordance with the Police Pensions (Purchase of Increased Benefits) Regulations 1987(1), such additional 60ths as the officer was entitled to reckon under regulation 8(2) of the Police Pensions (Purchase of Increased Benefits) Regulations 1987 immediately before that officer’s retirement, multiplied by the conversion factor of 88%.
(4) For the purposes of paragraph (3)–
(a)“age next birthday at the notional commencement of pension contributions under the 1987 Regulations”, in relation to a regular police officer, means the age the officer would attain on the birthday following the date on which that officer would have attained an exact age determined by subtracting the length of that officer’s qualifying service under the 1987 Regulations from that officer’s exact age on the date when that officer commenced paying contributions under these Regulations; where
(b)“qualifying service” and “qualifying service under the 1987 Regulations” mean the period in years the officer was entitled to reckon as pensionable service under the 1987 Regulations, except that where some or all of the service the officer was so entitled to reckon was part-time service it means the period in years that officer would have been entitled to reckon as pensionable service if in any period of part-time service that officer had served full-time.”.
10. In the case of a regular police officer to whom paragraph 1 applies and who has made an election in accordance with paragraphs 6 and 7 or to whom paragraph 3 applies and who has made an election in accordance with paragraphs 4 and 5–
(a)the pensionable service the officer is entitled to reckon, in accordance with regulations 10 to 16, shall include the pensionable service the officer was entitled to reckon under the 1987 Regulations at the time of that officer’s retirement with an entitlement to an award by way of repayment of aggregate pension contributions under regulation B6 of those Regulations, an ordinary pension under regulation B1 of those Regulations or, as the case may be, a deferred pension under regulation B5 of those Regulations; and
(b)for the purposes of sub-paragraph (a), the pensionable service the officer was so entitled to reckon shall be such as is calculated by the police authority in accordance with the provisions of Schedule 3.
11. In the case of a regular police officer to whom paragraph 1 or 3 applies, for the purposes of regulation 24 (final pensionable pay), paragraph (1)(b) and (c) of that regulation shall not have effect unless the periods of 12 months mentioned in that paragraph began on or after the date when pension contributions were first paid by that officer under regulation 7(1).
12. A regular police officer to whom these Regulations apply by virtue of regulation 6(2) and who has begun to pay contributions under regulation 7(1) may no longer pay pension contributions under the 1987 Regulations.
13. In the case of–
(a)an officer to whom regulation 6(2)(a)(v) applies, who is in receipt of an ill-health pension under regulation B3 of the 1987 Regulations; or
(b)an officer to whom regulation 6(2)(a)(v) applies who is in receipt of a deferred pension under regulation B5 of the 1987 Regulations,
and who, in either case, has on or after 6th April 2006 rejoined that officer’s force or joined another force (otherwise than in the circumstances set out in regulation 6(2)(c)(i), (ii) or (iii)), regulation 51 shall apply in relation to that officer’s ill-health pension as if it were a standard ill health pension under regulation 29 or in relation to that officer’s deferred pension as if it were a deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment under regulation 32 (as the case may be); and if a portion of that officer’s pension was commuted for a lump sum under regulation B7 of the 1987 Regulations, the proviso to regulation 28(1)(b) and regulation 28(2) shall have effect as if references to the previous lump-sum payment (in the proviso to regulation 28(1)(b)) and to the most recent lump sum payment (in regulation 28(2)) included references to the lump sum paid by way of commutation.
14. References in the foregoing paragraphs to retirement with an entitlement to an award under the 1987 Regulations shall be construed as including a reference to ceasing to serve, otherwise than upon retirement, with such an entitlement.
S.I. 1987/2215; relevant amendments were made by S.I. 2002/3202, 2004/2354 and 2005/1439.