2013 No. 487

Police, England And Wales
Pensions, England And Wales

The Police Pensions (Amendment) Regulations 2013

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 1 of the Police Pensions Act 19761.

In accordance with section 1(1) of the Act, the Treasury2 have consented to the making of these Regulations and the Secretary of State has consulted with the Police Negotiating Board for the United Kingdom3.

Citation, commencement and extent1

1

These Regulations may be cited as the Police Pensions (Amendment) Regulations 2013.

2

These Regulations come into force on 1st April 2013, but regulations 4 and 5 have effect from 1st January 20134.

3

These Regulations extend to England and Wales.

Pension contributions

2

1

Regulation G2(1) of the Police Pensions Regulations 19875 (pension contribution payable by regular policeman) is amended as follows.

2

In sub-paragraph (a)—

a

for “8.75 per cent” substitute “10 per cent”;

b

for “12.25 per cent” substitute “13.5 per cent”.

3

In sub-paragraph (b)—

a

for “9 per cent” substitute “10.5 per cent”;

b

for “12.5 per cent” substitute “14 per cent”.

3

1

Regulation 7(1) of the Police Pensions Regulations 20066 (pension contributions payable by regular police officers) is amended as follows.

2

In sub-paragraph (a)—

a

for “6.6 per cent” substitute “7.2 per cent”;

b

for “10.1 per cent” substitute “10.7 per cent”.

3

In sub-paragraph (b)—

a

for “7 per cent” substitute “8 per cent”;

b

for “10.5 per cent”, substitute “11.5 per cent”.

4

In sub-paragraph (c)—

a

for “7.25 per cent” substitute “8.5 per cent”;

b

for “10.75 per cent” substitute “12 per cent”.

Early payment of deferred pension

4

1

Subject to regulation 5 of these Regulations, regulation B5A of the Police Pensions Regulations 19877 (early payment of deferred pension) is amended as follows.

2

For paragraph (1) substitute—

1

Subject to paragraphs (2) and (3), a regular policeman who—

a

has attained the age of 55 years;

b

receives a compensation lump sum on voluntary retirement in accordance with a determination of the Secretary of State made under regulation 14A of the Police Regulations 20038; and

b

is entitled to a deferred pension in accordance with regulation B5(4), payable upon his attaining the age of 60,

may elect for immediate payment of that pension.

3

In paragraph (4), omit sub-paragraph (a).

5

1

This regulation applies to an election made before 1st April 2013 under regulation B5A(1) of the Police Pensions Regulations 1987 which could not be made under that regulation as amended by regulation 4 of these Regulations (“an original election”).

2

A regular policeman who has made an original election may elect that regulation 4 of these Regulations shall not apply in his case (“a confirming election”).

3

A confirming election shall be made by giving written notice to the police pension authority before 1st July 2013.

4

In the absence of a confirming election, an original election has no effect.

Damian GreenMinister of StateHome Office

We consent

Desmond SwayneMark LancasterTwo Lords Commissioners of Her Majesty’s Treasury
EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulations 2 and 3 of these Regulations amend the Police Pensions Regulations 1987 and the Police Pensions Regulations 2006 in order to increase the rates of contribution payable by members of the police pension schemes governed by those Regulations.

Regulation 4 of these Regulations corrects an error in regulation B5A of the Police Pensions Regulations 1987, which was inserted by the Police Pensions (Amendment No. 3) Regulations 2012 with effect from 1st January 2013.

Regulation B5A was inserted in order to implement (in part) recommendation 58 of the Independent Review of Police Officer and Staff Remuneration and Conditions: Part 1 Report9 in relation to voluntary redundancy. The intention behind regulation B5A was to allow a police officer who leaves the police force under a voluntary redundancy scheme when aged 55 or more and eligible for a deferred pension to elect to receive his or her pension immediately rather than at the age of 60, subject to an actuarial reduction. Regulation B5A also allows an officer in this position to use the lump sum paid on voluntary redundancy to buy out the actuarial reduction to the pension.

However, regulation B5A in fact extended the entitlement to early payment of an actuarially reduced pension to all scheme members eligible for a deferred pension. These Regulations implement the original policy intention, with effect from 1st January 2013. An election for early receipt of an actuarially reduced pension made in the period before these Regulations came into force, and which could not have been made under regulation B5A as amended, will have no effect unless the member confirms it in accordance with regulation 5 of these Regulations.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.