The Police Pensions (Amendment) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st May 1990, amend the Police Pensions Regulations 1987 (“the principal Regulations”) and the Police Pensions (Purchase of Increased Benefits) Regulations 1987 with effect from 6th April 1988 (retrospection is authorised by section 1(5) of the Police Pensions Act 1976).

The principal Regulations are amended so as to give effect to certain provisions of the Social Security Acts 1985 and 1986 relating to transfer values, short service awards, guaranteed minimum pensions and opting out.

Regulation 3 amends Part F of and Schedule F to the principal Regulations by providing for–

(a) the acceptance of a transfer value in respect of a regular policeman who becomes a member of a police force having accrued rights to benefits under a personal pension scheme or any other superannuation arrangements (other than rights under a free-standing additional voluntary contribution scheme);

(b) the payment of a transfer value in respect of a regular policeman who ceases to serve as such (or has so ceased on or after 1st January 1986) or who has elected not to pay pension contributions under the principal Regulations and who, in either case, satisfies certain conditions;

(c) the calculation by reference to accrued rights of transfer values and reckonable service in respect of transfers on or after 6th April 1988; and

(d) transitional arrangements in relation to service or cessation of such before 6th April 1988.

Regulation 4 amends Part J and regulation L3 of the principal Regulations so as to entitle the widower of a regular policeman dying on or after 6th April 1988 to a guaranteed minimum pension. Provision is also made (in new regulation J1A) for a regular policeman’s guaranteed minimum pension to be revalued in accordance with the fixed rate method where his accrued rights to benefits under the principal Regulations are transferred under Part F to an approved insurance policy or annuity.

Regulation 5 amends Part B of the principal Regulations so as to reduce from 5 years to 2 years the period of pensionable service essential to qualify for a short service, ill-health or deferred pension and makes a consequential amendment to Schedule C in respect of a widow’s flat rate pension.

Regulation 6 amends Part G of the principal Regulations so as to relieve from the obligation to pay pension contributions a regular policeman who has made an election under new regulation G4 and makes consequential amendments to other provisions in the principal Regulations and transitional provision for regular policemen who have decided to make such an election before the commencement of these Regulations. A regular policeman who has elected not to pay contributions may, subject to certain conditions, cancel that election but then has no right to make a further election during the same period of service.

Regulation 7 makes amendments to the Police Pensions (Purchase of Increased Benefits) Regulations 1987 consequential upon the provisions of regulation 6.