The Police and Firefighters’ Pensions (Amendment) Regulations 2018

CHAPTER 4

Amendments to the Police Pension Fund Regulations 2007

23.  The Police Pension Fund Regulations 2007(1) are amended in accordance with regulations 24 to 29.

Interpretation

24.  In regulation 2 (interpretation)(2) after the definition of the 2006 Regulations insert—

““the 2015 Regulations” means the Police Pension Regulations 2015(3);

“the 2015 Scheme” means the pension scheme set out in the 2015 Regulations;”.

Operation of police pension fund

25.  In regulation 3 (establishment, maintenance and operation of a police pension fund)(4) after paragraph (6)(b) insert—

“(ba) the 2015 Regulations;”.

Payments in and out of the police pension fund

26.—(1) In regulation 4(1) (particular payments into the police pension fund)(5)—

(a) in sub-paragraph (a) for “or regulation 7(1) of the 2006 Regulations” substitute “, regulation 7(1) of the 2006 Regulations or regulation 171 of the 2015 regulations”;

(b) in sub-paragraph (b) for “or regulation 10(2)(b) of the 2006 Regulations” substitute “, regulation 10(2)(b) of the 2006 Regulations or regulation 173 of the 2015 Regulations”;

(c) in sub-paragraph (c) for “or regulation 13 of the 2006 Regulations” substitute “, regulation 13 of the 2006 Regulations or regulation 177 of the 2015 Regulations”;

(d) in sub-paragraph (d) for “or regulation 15(1)(b) of the 2006 Regulations” substitute “, regulation 15(1)(b) of the 2006 Regulations or regulation 191 of the 2015 Regulations”;

(e) in sub-paragraph (e) for “or regulation 56(2) of the 2006 Regulations” substitute “, regulation 56(2) of the 2006 Regulations or Schedule 3 to the 2015 Regulations”;

(f) in sub-paragraph (f), at the end add “or regulation 219(3) of the 2015 Regulations”; and

(g) in sub-paragraph (g) for “or regulation 78(6) of the 2006 Regulations” substitute “, regulation 78(6) of the 2006 Regulations or regulation 185(2) of the 2015 Regulations”.

(2) In regulation 4(2) (particular payments out of the police pension fund)—

(a) in sub-paragraph (a) for “or Part 4 of the 2006 Regulations” substitute “, Part 4 of the 2006 Regulations or Parts 7 or 9 of, or Parts 6 or 7 of Schedule 4 to, the 2015 Regulations”;

(b) in sub-paragraph (c) for “or regulation 9(4) of the 2006 Regulations” substitute “, regulation 9(4) of the 2006 Regulations or regulation 176(2) of the 2015 Regulations”;

(c) in sub-paragraph (d) for “or Part 6 of the 2006 Regulations” substitute “, Part 6 of the 2006 Regulations or Part 8 of the 2015 Regulations”;

(d) in sub-paragraph (e) for “or regulation 78 of the 2006 Regulations” substitute “, regulation 78 of the 2006 Regulations or regulation 180 of the 2015 Regulations”;

(e) in sub-paragraph (f) after “regulation 84 of the 2006 Regulations” insert “or regulation 219 of the 2015 Regulations”; and

(f) in sub-paragraph (g) at the end add “or regulation 220(2)(a) of the 2015 Regulations”.

Police authority contributions

27.—(1) In regulation 5(1) (which relates to police pension authority contributions)(6)—

(a) for “24.2%” substitute “21.3%”; and

(b) for “or regulation 7(1) of the 2006 Regulations” substitute “, regulation 7(1) of the 2006 Regulations or regulation 171 of the 2015 Regulations”.

(2) In regulation 5(2)(b) for “or regulations 10 or 13 of the 2006 Regulations” substitute “, regulations 10 or 13 of the 2006 Regulations or regulations 173 or 177 of the 2015 Regulations”.

(3) In regulation 5(3)—

(a) for “Subject to paragraph (4)” substitute “Subject to paragraphs (4) and (5A)”; and

(b) for “or regulation 23 of the 2006 Regulations” substitute “, regulation 23 of the 2006 Regulations or regulation 33 of the 2015 Regulations”.

(4) After regulation 5(5) insert—

“(5A) Where an active member of the 2015 Scheme is taken by regulation 34 of the 2015 Regulations to have received earnings during a period of assumed pensionable pay, the pensionable pay for this regulation is the amount determined under regulation 34(1) of those Regulations.”.

(5) In regulation 5(6) for “or regulation 9(4) of the 2006 Regulations” substitute “, regulation 9(4) of the 2006 Regulations or regulation 176 of the 2015 Regulations”.

(6) After regulation 5(9) insert—

“(9A) Where an active member of the 2015 Scheme retires with an entitlement to an ill-health pension under regulation 102 of the 2015 Regulations, the police pension authority must transfer from the police fund into the police pension fund an amount equal to twice the final pay of the member concerned, calculated in accordance with regulation 159 of the 2015 Regulations.

(9B) Where a transition member of the 2015 Scheme retires with an entitlement to an ill-health pension under paragraph 23 of Schedule 4 to the 2015 Regulations, the police pension authority must transfer from the police fund into the police pension fund an amount equal to twice the final pay of the transition member concerned, calculated in accordance with regulation 159 of the 2015 Regulations.”.

(7) After regulation 5(10) insert—

“(11) In this regulation—

“active member of the 2015 scheme” means a person who is in pensionable service under the 2015 scheme; and

“transition member of the 2015 scheme” has the same meaning as in regulation 2 (interpretation) of the 2015 Regulations.”.

Awards under the Police (Injury Benefit) Regulations 2006

28.—(1) In regulation 7(1)(a), (2) and (4) (awards under the Police (Injury Benefit) Regulations 2006), for “or the 2006 Regulations” substitute “, the 2006 Regulations or the 2015 Regulations”.

(2) In regulation 7(7) for “and regulation 27 of the Injury Benefit Regulations” substitute “, regulation 27 of the Injury Benefit Regulations and regulation 167 of the 2015 Regulations”.

Further sums payable out of the police pension fund and the police fund

29.  In regulation 11(2) (further sums payable out of the police pension fund and the police fund), after “the Injury Benefit Regulations” insert “, the 2015 Regulations”.

(1)

S.I. 2007/1932.

(2)

There are amendments to regulation 2 which are not relevant to this instrument.

(3)

S.I. 2015/445.

(4)

Regulation 3 was amended by S.I. 2011/3063.

(5)

Regulation 4 was amended by S.I. 2008/1887 and S.I. 2011/3063.

(6)

Regulation 5 was amended by S.I. 2008/1887 and S.I. 2011/3063.