The Metropolitan Police Authority (Civil Staff Pensions) Order 2002

Statutory Instruments

2002 No. 2468

POLICE, ENGLAND AND WALES

PENSIONS, ENGLAND AND WALES

The Metropolitan Police Authority (Civil Staff Pensions) Order 2002

Made

24th September 2002

Laid before Parliament

30th September 2002

Coming into force

31st October 2002

The Secretary of State, in exercise of the powers conferred on him by section 411 of the Greater London Authority Act 1999(1), with the consent of the Minister for the Civil Service and after consultation with the Metropolitan Police Authority(2), hereby makes the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Metropolitan Police Authority (Civil Staff Pensions) Order 2002.

(2) This Order shall come into force on 31st October 2002 but have effect from 1st September 2002.

Interpretation

2.  In this Order—

• “active member”, “deferred member” and “pensioner member” have the meanings given in section 124(1) of the Pensions Act 1995(3), and “active membership” and “deferred membership” shall be construed accordingly;

• “the effective date” means 1st September 2002;

• “the MCSSS” means the pension arrangements having effect by virtue of section 15(2) of the Superannuation (Miscellaneous Provisions) Act 1967(4);

• “the PCSPS” means the principal civil service pension scheme;

• “relevant employment” means employment otherwise than as a constable—

  (a)

  by the Metropolitan Police Authority under the control of the Commissioner of Police of the Metropolis, or

  (b)

  under the Commissioner of Police for the Metropolis or the Receiver for the Metropolitan Police District and with a salary paid out of the Metropolitan Police Fund.

Transfer of active members

3.—(1) This article applies to any person who on the effective date is employed otherwise than as a constable by the Metropolitan Police Authority under the control of the Commissioner of Police of the Metropolis and immediately before that date was an active member of the MCSSS in that employment.

(2) Each person to whom this article applies shall become an active member of the PCSPS.

(3) Paragraph (2) does not apply if the person’s active membership of the MCSSS terminates immediately before the effective date, and is without prejudice to the right of any person not to be an active member of the PCSPS.

Transfer of deferred and pensioner members

4.—(1) This article applies to any person who immediately before the effective date was a deferred member or a pensioner member of the MCSSS by virtue of having been employed in relevant employment.

(2) Each person to whom this article applies shall become a deferred member or, as the case may be, a pensioner member of the PCSPS.

(3) Paragraph (2) does not apply to any person if his deferred membership of the MCSSS terminates immediately before the effective date, and is without prejudice to the right of any person to have his rights transferred from the PCSPS.

Transfer of rights, liabilities and functions of other beneficiaries

5.—(1) This article applies where a pension or other benefit was payable to a person under the MCSSS immediately before the effective date by virtue of another person having been a member of the MCSSS in relevant employment.

(2) The PCSPS shall apply as respects the payment of that pension or other benefit and all rights, obligations, liabilities and other functions in respect of it.

Pensions granted under the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931

6.—(1) This article applies to any person who immediately before the effective date was in receipt of a pension or other benefit payable under the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931 by the Metropolitan Police Authority.

(2) Each person to whom this article applies shall become a pensioner member of the PCSPS.

(3) The PCSPS shall apply as respects the payment of that pension or other benefit and all rights, obligations, liabilities and other functions in respect of it.

Michael Wills

Parliamentary Under-Secretary of State

Home Office

19th September 2002

I consent to the making of this Order.

Douglas Alexander

Minister of State

Cabinet Office

24th September 2002

Explanatory Note

(This note is not part of the Order)

This Order transfers to the principal civil service pension scheme (“the PCSPS”) certain members and beneficiaries of the pension arrangements having effect by virtue of section 15(2) of the Superannuation (Miscellaneous Provisions) Act 1967, which are known as the Metropolitan Civil Staffs Superannuation Scheme (“the MCSSS”). The members and beneficiaries covered by the Order are persons employed or formerly employed by the Metropolitan Police Authority (or one of its predecessors) otherwise than as constables and their dependants.

Article 1 provides for the Order to come into effect from 1st September 2002, in accordance with the power in section 411(7) of the Greater London Authority Act 1999 (c. 29).

Article 2 provides for the interpretation of the Order.

Article 3 transfers the active members of the MCSSS to the PCSPS.

Article 4 transfers the deferred and pensioner members of the MCSSS to the PCSPS.

Article 5 provides for pensions payable under the MCSSS to persons who have not themselves been in relevant employment, like surviving dependants and ex-spouses with pension credit rights awarded on divorce or nullity, to be paid instead under the PCSPS.

Article 6 provides for pensions payable by the Metropolitan Police Authority under the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931 to be paid instead under the PCSPS.

These provisions do not impose any costs on business.

(1)

1999 c. 29.

(2)

See s.411(8) and (9).

(3)

1995 c. 26. The definition of “pensioner member” was amended by paragraph 8(3) of Schedule 5 to the Child, Support, Pensions and Social Security Act 2000 (c. 19).

(4)

1967 c. 28.