The Police Pensions (Additional Voluntary Contributions) Regulations 1991

Retirement pensions

11.—(1) A retirement pension is a pension payable to the participator for life, commencing on the date of his retirement.

(2) During the month ending on the date of his retirement, a participator is to make a pension election; but if the police authority are satisfied that it was not reasonably practicable for an election to be made during that period they may accept one made after retirement.

(3) The notice of a pension election is to specify whether the annual rate of the retirement pension—

(a) is to be fixed, or

(b) is to vary in accordance with the Index, or

(c) is to increase yearly by a specified percentage,

and from which of the pension providers it is to be purchased.

(4) The pension providers are the bodies listed in Schedule 1.

(5) The notice may also specify that if the participator dies within the period of 5 years beginning when the pension commenced the balance that would have been payable during the remainder of that period if the pension had continued at the rate in force at the time of his death is to be paid as a lump sum.

(6) Subject to paragraphs (7) and (8), the police authority are to realise the pension investments and apply the amount obtained to the purchase from the specified pension provider of a retirement pension in accordance with the notice of election.

(7) Subject to paragraph (8), the police authority—

(a) if they do not accept a pension election made after retirement, shall, and

(b) if—

(i) 6 months after retirement no election has been made, and

(ii) they are satisfied that there is no reasonable excuse for the delay,

may in their discretion at any time,

apply the amount obtained to the purchase from any of the pension providers of such a retirement pension as appears to them to be suitable having regard to the participator’s family circumstances and his age and health.

(8) If—

(a) there are exceptional circumstances of serious ill-health, or

(b) his aggregate pension benefits would be trivial,

the police authority may in their discretion realise the pension investments without purchasing any pension, and in that event the amount obtained becomes payable as a lump sum.

(9) Aggregate pension benefits are trivial if the annual rate of the retirement pension that could be purchased, together with the annual equivalent of all pension benefits payable to the participator from other sources, would not exceed—

(a) £104, or

(b) if greater, any amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973(1).

(10) Except as provided in paragraph (8), a retirement pension may not in whole or in part be surrendered, commuted or assigned.

(1)

1973 c. 38.