Regulation B1
1. Subject to paragraph 2 and Parts VII and VIII of this Schedule (reductions at state pensionable age and related to up-rating of widow’s pension), the pension shall be of an amount equal to 30 sixtieths of the policeman’s average pensionable pay with the addition, subject to a maximum of 40 sixtieths, of an amount equal to 2 sixtieths of that pay multiplied by the period in years by which his pensionable service exceeds 25 years.
2. If the amount of the pension calculated in accordance with the preceding paragraph would be less than the amount it would have been had the person in question become entitled to receive an ordinary pension by retiring after due notice from the same police force at an earlier date, then, subject to Parts VII and VIII of this Schedule, the pension shall be of the last-mentioned amount.
Regulation B2
Subject to Parts VII and VIII of this Schedule (reductions at state pensionable age and related to up-rating of widow’s pension), the pension shall be of an amount which is the aggregate of—
(a)an amount equal to a sixtieth of the policeman’s average pensionable pay multiplied by the period in years of his pensionable service up to 20 years, and
(b)an amount equal to 2 sixtieths of that pay multiplied by the period in years by which his pensionable service exceeds 20 years.
Regulation B3
1. Subject to Regulation K1(5) (termination of unsecured portion of ill-health pension) and to Parts VII and VIII of this Schedule (reductions at state pensionable age and related to up-rating of widow’s pension), the amount of the pension shall be determined in accordance with paragraph 2, 3 or 4 as the case may require.
2. Where the policeman has less than 5 years' pensionable service, the amount of the pension shall not be less than a sixtieth of his average pensionable pay and, subject as aforesaid, shall be of an amount equal to a sixtieth of that pay multiplied by the period in years of his pensionable service.
3. Where the policeman has 5 or more years', but not more than 10 years' pensionable service, subject to paragraph 5, the pension shall be of an amount equal to 2 sixtieths of his average pensionable pay multiplied by the period in years of his pensionable service.
4. Where the policeman has more than 10 years' pensionable service, the pension shall be not less than 20 sixtieths, nor more than 40 sixtieths, of his average pensionable pay and, subject as aforesaid and to paragraph 5, shall be equal to 7 sixtieths of that pay with the addition—
(a)of an amount equal to a sixtieth of that pay multiplied by the period in years of his pensionable service up to 20 years, and
(b)of an amount equal to 2 sixtieths of that pay multiplied by the period in years by which his pensionable service exceeds 20 years.
5. In the case of a policeman who, had he continued to serve until he could be required to retire on account of age, would have become entitled to an ordinary or short service pension, a pension calculated in accordance with paragraph 3 or 4 shall not exceed the pension to which he would so have become entitled calculated, however, by reference to the average pensionable pay by reference to which the ill-health pension is calculated.
Regulations B2 and B3
1. Where the policeman has not completed a year’s pensionable service, the gratuity shall be of an amount equal to the policeman’s aggregate pension contributions in respect of the relevant period of service subject, however, to paragraph 3.
2. Where the policeman has completed at least a year’s pensionable service, the gratuity shall be of an amount equal to whichever is the greater of the two following amounts—
(a)a twelfth of the policeman’s average pensionable pay multiplied by the period in years of his pensionable service;
(b)the policeman’s aggregate pension contributions in respect of the relevant period of service,
subject, however, to paragraph 3.
3. Where the policeman retired after the beginning of the tax year in which he attains state pensionable age, the gratuity calculated in accordance with the preceding provisions of this Part shall be reduced by an amount equal to the capitalised value, as calculated by the Government Actuary, of the annual rate of any pension paid to him under Regulation J1(2) (policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act 1975).
Regulation B4
1. A gratuity under Regulation B4 shall be calculated by reference to the person’s degree of disablement and his average pensionable pay and shall be the amount specified as appropriate to his degree of disablement in column (2) of the following Table.
2. An injury pension shall be calculated by reference to the person’s degree of disablement, his average pensionable pay and the period in years of his pensionable service, and, subject to the following paragraphs, shall be of the amount of his minimum income guarantee specified as appropriate to his degree of disablement in column (3), (4), (5) or (6) of the following Table, whichever is applicable to his period of pensionable service.
| Degree of disablement | Gratuity expressed as % of average pensionable pay | Minimum income guarantee expressed as % of average pensionable pay | |||
|---|---|---|---|---|---|
| Less than 5 years' service | 5 or more but less than 15 years' service | 15 or more but less than 25 years' service | 25 or more years' service | ||
| (1) | (2) | (3) | (4) | (5) | (6) |
| 25% or less (slight disablement) | 12.5% | 15% | 30% | 45% | 60% |
| More than 25% but not more than 50% (minor disablement) | 25% | 40% | 50% | 60% | 70% |
| More than 50% but not more than 75% (major disablement) | 37.5% | 65% | 70% | 75% | 80% |
| More than 75% (very severe disablement) | 50% | 85% | 85% | 85% | 85% |
3.—(1) The amount of an injury pension, calculated as aforesaid, shall be reduced, where the person concerned received the relevant injury (within the meaning of Regulation B4) during a period of service as a regular policeman, by three-quarters of any other pension calculated by reference to pensionable service reckonable by reason of that period of service.
(2) For the purposes of sub-paragraph (1), such other pension as is there mentioned which is reduced in accordance with the provisions of Regulation B7 or B9 (commutation and allocation) or of Part VIII of this Schedule (reduction related to up-rating of widow’s pension) shall be deemed not to have been so reduced.
4.—(1) The amount of the injury pension in respect of any week, calculated as aforesaid, shall be reduced on account of any such additional benefit as is mentioned in sub-paragraph (3) to which the person concerned is entitled in respect of the same week and, subject to sub-paragraph (2), the said reduction shall be of an amount equal to that of the additional benefit or, in the case of benefit mentioned in sub-paragraph (3)(a) or (b), of so much thereof as is there mentioned.
(2) Where the provisions governing scales of additional benefits have changed after the person concerned ceased to be a member of a police force, the amount of the reduction in respect of any week on account of a particular benefit shall not exceed the amount which would have been the amount thereof in respect of that week had those provisions not changed, it being assumed, in the case of such benefit as is mentioned in sub-paragraph (3)(a)(ii), that it would have borne the same relationship to the former maximum amount thereof.
(3) The following benefits are the additional benefits referred to in this paragraph—
(a)any disablement pension under section 57 of the Social Security Act 1975(1) in respect of the relevant injury or so much of any such pension as relates to that injury (hereinafter referred to as the relevant part of the pension), together with—
(i)any increase in such pension by way of unemployability supplement under section 58 of that Act or so much of any such increase as is proportionate to the relevant part of the said pension so, however, that where the person concerned is entitled to an unemployability supplement which is increased under section 59 of that Act, the unemployability supplement shall be deemed not to have been so increased,
(ii)any increase in such pension under section 60 of that Act (special hardship) or so much of any such increase as is proportionate to the relevant part of the said pension,
(iii)any increase in such pension under section 64 or 66 of that Act (dependants) or so much of any such increase as is proportionate to the relevant part of the said pension, and
(iv)so long as the person concerned is receiving treatment as an in-patient at a hospital as a result of the relevant injury, any increase in such pension under section 62 of that Act (hospital treatment);
(b)any reduced earnings allowance under section 59A of the said Act of 1975(2) in respect of the relevant injury or so much of any such allowance as relates to that injury;
(c)until the first day after his retirement which is not, or is deemed not to be, a day of incapacity for work within the meaning of section 14 or 15, or, as the case may be, a day on which he is incapable of work within the meaning of section 36, of the said Act of 1975—
(i)any sickness benefit under the said section 14, including such benefit to which the person concerned is only entitled by virtue of section 50A(3) of that Act,
(ii)any invalidity pension under the said section 15, including any additional component comprised therein in pursuance of section 14 of the Social Security Pensions Act 1975(4), or
(iii)any severe disablement allowance under the said section 36,
including, in each case, any increase under any provision of Chapter III of the Social Security Act 1975 (dependants).
(4) Where a person has become entitled to a disablement gratuity under section 57 of the Social Security Act 1975 in respect of the relevant injury, this paragraph shall have effect as if he were entitled during the relevant period to a disablement pension of such amount as would be produced by converting the gratuity into an annuity for the said period.
In this sub-paragraph the expression “the relevant period” means the period taken into account, in accordance with section 57 of the said Act of 1975, for the purpose of making the assessment by reference to which the gratuity became payable.
5. No payment shall be made in respect of an injury pension for any week in which the aggregate reductions under paragraphs 3 and 4 exceed the amount of the pension calculated in accordance with paragraph 2.
6. This Part has effect subject to paragraphs 6 and 7 of Part I, and paragraph 4 of Part VII, of Schedule J.
Regulation B5
1. The amount of a policeman’s deferred pension shall be calculated by reference to—
(a)the pensionable service he is entitled to reckon (here referred to as “actual service”);
(b)the pensionable service he would have become entitled to reckon had he continued to serve until he could retire with a maximum ordinary pension (disregarding Regulation B1(2)) or until he could be required to retire on account of age, whichever is the earlier, (here referred to as “hypothetical service”), and
(c)his average pensionable pay.
2. Subject to Parts VII and VIII of this Schedule (reductions at state pensionable age and related to up-rating of widow’s pension), the policeman’s pension shall be such that it is the same proportion of the hypothetical pension mentioned in paragraph 3 as his actual service is of his hypothetical service except that it shall not exceed 40 sixtieths of his average pensionable pay.
3. The hypothetical pension referred to in paragraph 2 is a pension of an amount which is the aggregate of—
(a)an amount equal to a sixtieth of his average pensionable pay multiplied by the period in years of his hypothetical service up to 20 years, and
(b)an amount equal to 2 sixtieths of that pay multiplied by the period in years by which his hypothetical service exceeds 20 years.
Regulations B1, B2, B3 and B5
1.—(1) Where, in respect of service as a regular policeman or as a member of the Royal Ulster Constabulary before 1st April 1980, a person has paid pension contributions at a rate of 6p a week (or 1s. 2d. a week) less than the appropriate percentage of his pensionable pay then, in respect of any period beyond state pensionable age, the unsecured portion of any ordinary, short service, ill-health or deferred pension payable to him shall be reduced in accordance with sub-paragraph (2) or, as the case may be, sub-paragraph (3).
(2) In the case of a person who paid contributions as aforesaid by reason of the giving of a notice—
(a)under Regulation 41(3) of the Police Pensions Regulations 1948(5);
(b)under Regulation 43(3) of the Police Pensions (Scotland) Regulations 1948(6), or
(c)without prejudice to the generality of Regulation J2(2), under any corresponding provision of the Royal Ulster Constabulary pensions legislation,
the reduction under sub-paragraph (1) shall be calculated at an annual rate obtained by multiplying the sum in the second column of the following Table set opposite to the age in the first column of the said Table which he had attained at the appropriate date by the number of years specified in sub-paragraph (4):—
| Age in years at appropriate date | Sums to be multiplied |
|---|---|
| £ | |
| Under 23 ... ... ... ... | 1.70 |
| 23 ... ... ... ... | 1.65 |
| 24 ... ... ... ... | 1.60 |
| 25 ... ... ... ... | 1.55 |
| 26 ... ... ... ... | 1.525 |
| 27 ... ... ... ... | 1.50 |
| 28 ... ... ... ... | 1.475 |
| 29 ... ... ... ... | 1.45 |
| 30 ... ... ... ... | 1.425 |
| 31 ... ... ... ... | 1.40 |
| 32 ... ... ... ... | 1.375 |
| 33 ... ... ... ... | 1.35 |
| 34 ... ... ... ... | 1.325 |
| 35 ... ... ... ... | 1.30 |
| 36 ... ... ... ... | 1.30 |
| 37 ... ... ... ... | 1.275 |
| 38 ... ... ... ... | 1.25 |
| 39 ... ... ... ... | 1.25 |
| 40 ... ... ... ... | 1.225 |
| 41 ... ... ... ... | 1.225 |
| 42 ... ... ... ... | 1.20 |
| 43 ... ... ... ... | 1.20 |
| 44 or over ... ... ... ... | 1.175 |
In this sub-paragraph the expression “appropriate date” means, subject to sub-paragraph (5), 5th July 1948, or, in the case of a person who was then an auxiliary policeman, the date on which he first thereafter became a regular policeman.
(3) In the case of a person who paid contributions as aforesaid, otherwise than as mentioned in sub-paragraph (2), the reduction under sub-paragraph (1) shall be calculated at an annual rate obtained by multiplying £1.70 by the number of years specified in sub-paragraph (4).
(4) The number of years referred to in sub-paragraph (2) or (3) is, subject to the following sub-paragraphs, the period in years of service before 1st April 1980 either as a regular policeman or as a member of the Royal Ulster Constabulary in respect of which the person concerned paid pension contributions at such a rate as is mentioned in sub-paragraph (1):
Provided that there shall be excluded from the said period any period or periods—
by reason of which the person concerned is not entitled to reckon pensionable service for the purposes of the pension in question, or
which fell after the date on which the person concerned would have been entitled, if he had retired, to a pension equal to two thirds of his average pensionable pay.
(5) In the case of a person who—
(a)first became a regular policeman on or after 1st January 1963;
(b)before 1st April 1980 became entitled to reckon pensionable service by reason of service or employment (otherwise than as a member of a police force or of the Royal Ulster Constabulary) in respect of which he was subject to superannuation arrangements (“the former service”);
(c)was subject to the operation of any regulations made under section 69(4) of the National Insurance Act 1946(7) or section 110(1) of the National Insurance Act 1965(8) or of other provisions modifying those superannuation arrangements in connection with the passing of the said Act of 1946 (“the modifications”), and
(d)is entitled to reckon that pensionable service for the purposes of the pension in question,
the period in years specified in sub-paragraph (4) shall be increased by that period of pensionable service and, if he was subject to the modifications by virtue of an election made or notice given, the expression “appropriate date” in sub-paragraph (2) shall mean the date on which that election or notice became effective:
Provided that where only a proportion of the former service would have been taken into account for the purposes of the modifications, only that proportion of the pensionable service reckonable by virtue thereof shall be taken into account in determining the increase hereunder in the period specified in sub-paragraph (4).
2.—(1) Where a person in receipt of an ordinary, short service, ill-health or deferred pension has been in service or employment otherwise than as a regular policeman—
(a)in respect of which he was subject to superannuation arrangements;
(b)by reason of which he is entitled to reckon pensionable service for the purposes of the pension; and
(c)the period of which includes a participating period of relevant employment,
then, for the purpose of abating the pension in relation to that participating period of relevant employment, any provision of the said arrangements in operation when he left the said service or employment the effect of which is that pensions payable thereunder are to be reduced in connection with the operation of the National Insurance Act 1959(9) or of any provision of the National Insurance Act 1965 relating to graduated contributions or graduated retirement benefit shall apply, subject to the necessary adaptations and modifications, as though the provision were contained in this paragraph and as if—
(i)the pension were payable under the said arrangements, and
(ii)any other period of service or employment by reason of which he is entitled to reckon pensionable service for the purposes of the pension were a period of non-participating employment at the end of which no payment in lieu of contributions falls to be made.
(2) A police authority, in determining any question arising under sub-paragraph (1) and relating to a particular service or employment, shall be entitled to treat as conclusive any relevant certificate issued, with the agreement of the person concerned, by his employer in that service or employment.
(3) Where for the purposes of the superannuation arrangements applicable to such service or employment as is mentioned in sub-paragraph (1) the person concerned was entitled to reckon service by reason of some previous service or employment, that previous service or employment shall be treated for the purposes of this paragraph as if it were part of the service or employment first mentioned in this sub-paragraph.
3.—(1) Where a person in receipt of an ordinary, short service, ill-health or deferred pension is entitled to reckon pensionable service for the purposes thereof by reason of a period of service as a regular policeman which is a participating period of relevant employment then, in respect of any period beyond state pensionable age, the unsecured portion of that pension shall be reduced in accordance with sub-paragraph (2).
(2) The reduction shall be calculated at the annual rate which is that of the graduated retirement benefit which would be payable to the pensioner, on the assumption that he retired from regular employment on attaining state pensionable age, in return for a payment in lieu of contributions in respect of the whole of the period referred to in sub-paragraph (1), whether or not such a payment was made.
4.—(1) Where a person in receipt of the secured portion of an ill-health pension, the unsecured portion of which has been terminated in the circumstances mentioned in Regulation K1(4), is also in receipt of some other pension, being an ordinary, short service, ill-health or deferred pension, and is entitled to reckon for the purposes of that other pension the period of pensionable service reckonable for the purposes of the ill-health pension then, in respect of any period beyond state pensionable age, the unsecured portion of that other pension shall be reduced in accordance with sub-paragraph (2).
(2) The reduction shall be calculated at the annual rate which is that of the secured portion of the ill-health pension.
Regulations B1, B2, B3 and B5
1.—(1) An ordinary, short service, ill-health or deferred pension payable to a man shall, in the cases hereinafter mentioned, be reduced in accordance with this Part except that a deferred pension payable in pursuance of paragraph 8(6)(b) of Part I of Schedule J shall not be so reduced.
(2) Any reference in this Part to a pension is a reference to a pension which falls to be reduced as aforesaid and any reference to police service is a reference to service as a member of a police force or of the Royal Ulster Constabulary.
2.—(1) Subject to sub-paragraph (2), this paragraph shall apply in the case of a man entitled to reckon pensionable service otherwise than—
(a)by reason of police service on or after 1st April 1972;
(b)by reason of police service before that date in respect of which he paid pension contributions at a rate related to 6.25% of his pensionable pay;
(c)by virtue of Regulation F3(1)(f) (British Airports Authority constabulary service), or
(d)by virtue of Regulation F6 (current interchange arrangements).
(2) Where the man was a regular policeman to whom Regulation 59 or 60 of the Regulations of 1973 applied (that is to say, where on 1st April 1973 either he was serving as such or, having retired on or after 1st April 1972, he was entitled to a pension) and he last paid pension contributions before 1st April 1972 at a rate related to 5% of his pensionable pay, this paragraph shall not apply unless either—
(a)he elected or agreed, under paragraph (2)(b) or (4)(a) of the said Regulation 59 or under paragraph (2)(b) of the said Regulation 60, that his pension be reduced, or
(b)pensionable service became reckonable by him on or after 1st April 1987 by virtue of Regulation F4, F5 or F7 (previous service and preserved interchange arrangements).
(3) The pension of a man in whose case this paragraph applies shall, subject to the provisions of this Part, be reduced by the percentage specified in the second column of the Table in paragraph 7 opposite the number of completed years of pensionable service he is entitled to reckon other than pensionable service falling within either or both of the following sub-paragraphs, namely—
(a)pensionable service reckonable as mentioned in sub-paragraph (1), and
(b)where (subject to Regulations F4(3) and F5(2)(c)) he elected under Regulation 58(3) or 59(3) of the Regulations of 1973 to pay further pension contributions or to make a further payment by way of a lump sum, pensionable service reckonable by him immediately before 1st April 1973 otherwise than by reason of police service on or after 1st April 1972.
3.—(1) Subject to sub-paragraph (2), this paragraph shall apply in the case of a man entitled to reckon pensionable service otherwise than—
(a)by reason of police service on or after 1st April 1972;
(b)by virtue of Regulation F3(1)(f), or
(c)by virtue of Regulation F6.
(2) Where the man was a regular policeman to whom Regulation 59 or 60 of the Regulations of 1973 applied, this paragraph shall not apply unless either—
(a)he elected or agreed, under paragraph (3)(b) or (4)(b) of the said Regulation 59 or paragraph (3)(b) of the said Regulation 60, that his pension be reduced, or
(b)pensionable service became reckonable by him, on or after 1st April 1987, by virtue of Regulation F4, F5 or F7.
(3) The pension of a man in whose case this paragraph applies shall be reduced by the percentage specified in the third column of the Table in paragraph 7 opposite the number of completed years of pensionable service he is entitled to reckon other than pensionable service falling within either or both of the following sub-paragraphs, namely—
(a)pensionable service reckonable as mentioned in sub-paragraph (1), and
(b)where (subject to Regulations F4(3) and F5(2)(c)) he elected under Regulation 58(2) or 59(3) of the Regulations of 1973 to pay additional contributions or to make an additional payment by way of a lump sum, pensionable service reckonable by him immediately before 1st April 1973 otherwise than by reason of police service on or after 1st April 1972.
4. In calculating the amount of a reduction in a man’s pension under paragraph 2 or 3 no account shall be taken—
(a)of any service he is entitled to reckon as pensionable service by virtue of section 10 of the Police Pensions Act 1921(10), or
(b)of any service on or after 1st April 1956 which he is entitled to reckon as pensionable service by virtue of Regulation I7 and the proviso to Regulation I8(1) (relevant service in the armed forces).
5. In calculating the amount of a reduction in a man’s pension under paragraph 2 or 3 no account shall be taken of any reduction in the amount of the pension in accordance with the provisions of Regulation B7 or B9 (commutation and allocation) or of Part VII of this Schedule (reduction at state pensionable age); and, where the pension falls to be reduced under both those paragraphs, for the purpose of calculating each reduction, no account shall be taken of the other reduction.
6.—(1) Where a man entitled to an ordinary pension was, immediately before he retired, paying additional or further contributions in pursuance of an election under Regulation 58(2) or (3) of the Regulations of 1973, the annual amount of his ordinary pension shall be reduced for the period mentioned in sub-paragraph (2) by the annual amount of those contributions immediately before his retirement, calculated by reference to his pensionable pay at that time so, however, that no account of the said reduction shall be taken for the purpose of calculating any other reduction in the pension under these Regulations.
(2) The period referred to in sub-paragraph (1) shall be one corresponding to that for which the additional or further contributions would have remained payable had the man not retired but starting, where the pension is not payable as from the date of his retirement, with the date from which it is payable.
7. The following Table is that referred to in paragraphs 2 and 3:—
| Completed years of pensionable service taken into account | Percentage reduction in pension | |
|---|---|---|
| Under paragraph 2 | Under paragraph 3 | |
| 1 ... ... ... ... | 0.2 | 0.2 |
| 2 ... ... ... ... | 0.4 | 0.4 |
| 3 ... ... ... ... | 0.5 | 0.5 |
| 4 ... ... ... ... | 0.6 | 0.7 |
| 5 ... ... ... ... | 0.8 | 0.8 |
| 6 ... ... ... ... | 0.9 | 0.9 |
| 7 ... ... ... ... | 1.0 | 1.0 |
| 8 ... ... ... ... | 1.2 | 1.1 |
| 9 ... ... ... ... | 1.3 | 1.2 |
| 10 ... ... ... ... | 1.5 | 1.3 |
| 11 ... ... ... ... | 1.6 | 1.4 |
| 12 ... ... ... ... | 1.7 | 1.5 |
| 13 ... ... ... ... | 1.8 | 1.6 |
| 14 ... ... ... ... | 1.9 | 1.6 |
| 15 ... ... ... ... | 2.0 | 1.7 |
| 16 ... ... ... ... | 2.1 | 1.8 |
| 17 ... ... ... ... | 2.2 | 1.9 |
| 18 ... ... ... ... | 2.3 | 2.0 |
| 19 ... ... ... ... | 2.4 | 2.0 |
| 20 ... ... ... ... | 2.5 | 2.1 |
| 21 ... ... ... ... | 2.6 | 2.1 |
| 22 ... ... ... ... | 2.7 | 2.2 |
| 23 ... ... ... ... | 2.8 | 2.2 |
| 24 ... ... ... ... | 2.9 | 2.3 |
| 25 ... ... ... ... | 2.9 | 2.3 |
| 26 ... ... ... ... | 3.0 | 2.4 |
| 27 ... ... ... ... | 3.1 | 2.4 |
| 28 ... ... ... ... | 3.1 | 2.5 |
| 29 ... ... ... ... | 3.2 | 2.5 |
| 30 or more ... ... ... ... | 3.3 | 2.5 |
8. Paragraph 6 has effect subject to paragraph 3 of Part VI of Schedule J.
1975 c. 14, amended (as respects the provisions mentioned in this paragraph) by 1975 c. 60, s. 18(1) and Sch. 4,Pt. 1; 1975 c. 61, Schs. 4 and 5; 1977 c. 5, ss. 5 and 22 and Sch. 2; 1979 c. 18, Schs. 1 and 3; 1980 c. 30, Schs. 1 and 5; 1980 c. 39, s. 3;1982 c. 24, s. 39, Sch. 2, Sch. 4, Pt. 1 and Sch. 5; 1986 c. 50, Sch. 3.
S. 59A inserted by 1986 c. 50, Sch. 3, para. 5.
S. 50A inserted by 1982 c. 24, s. 39.