The Police Pensions Regulations 2006

Regulation 2(a)

SCHEDULE 1 GLOSSARY OF EXPRESSIONS

In these Regulations, unless the context otherwise requires—

“the 1987 Regulations” means the Police Pensions Regulations 1987(1)

“the 1993 Act” means the Pension Schemes Act 1993(2);

“the 1996 Act” means the Police Act 1996(3);

“the 1999 Act” means the Welfare Reform and Pensions Act 1999(4);

“added years” has the meaning assigned to it by regulation 56(2);

“adult survivor” has the meaning assigned to it by regulation 40(1)(a);

“aggregate pension contributions”, for the purpose of calculating an award, has the meaning assigned to it by regulation 26;

“appeal board” has the meaning assigned to it by regulation 72;

“appellant’s practitioner” shall be construed in accordance with regulation 70(1)(b);

“ceasing to serve” includes—

(a)

voluntarily ceasing to serve as a regular police officer;

(b)

resignation from a police force upon being required to resign, and

(c)

dismissal,

in each case with effect from a date before that on which the person concerned attains the age of 55 years;

“chief officer of police”, in relation to a police force within the meaning of the 1996 Act, has the meaning assigned to it by section 101(1) of that Act;

“child survivor” (without regard to age) has the meaning assigned to it by regulation 40(1)(b);

“contracting-out rights” shall be construed in accordance with regulation 43(3)(a);

“Conduct Regulations” has the same meaning as it has in regulation 3(1) of the Police Regulations 2003(5);

“current authority” means the police authority for the force of which the regular police officer is a member;

“disablement” and cognate expressions have the meanings assigned to them by regulation 4;

“enhanced top-up ill-health pension” has the meaning assigned to it by regulation 29(4)(b);

“enhanced top-up totals” has the meaning assigned to it by regulation 31(1).

“final pensionable pay” has the meaning assigned to it by regulation 24;

“former force”, in relation to a serviceman, means the police force in which he was serving immediately before undertaking a period of relevant service in the reserve forces;

“former pension arrangements” shall be construed in accordance with regulation 15(1)(a);

“former police authority”, in relation to a regular police officer, means the police authority for his former force;

“guaranteed minimum” and “guaranteed minimum pension” have the meanings which they have for the purposes of the 1993 Act; and “guaranteed minimum”, in relation to a pension under a pension scheme at a particular time, means the amount certified by the Department for Work and Pensions as that minimum at that time;

“home police force” means any police force within the meaning of the 1996 Act;

“infirmity” has the meaning assigned to it by regulation 4(5);

“injury” includes any injury or disease, whether of body or of mind;

“injury received in the execution of duty” and “the result of an injury” have the same meanings as they have in the 1987 Regulations;

“maternity leave” has the same meaning as in regulation 3(1) of the Police Regulations 2003(6);

“medical authority who has given a final decision” has the meaning assigned to it by regulation 73(4);

“normal benefit age” has the meaning assigned to it by regulation 61(2);

“parental leave” means leave granted in accordance with regulation 33(8) of the Police Regulations 2003;

“parties to the appeal” shall be construed in accordance with regulation 74(4);

“part-time service” means service as a regular police officer performed pursuant to an appointment under regulation 5(7) of the Police Regulations 2003;

“pension credit” means a credit under section 29(1)(b) of the 1999 Act including a credit under corresponding Northern Ireland legislation;

“pension credit benefit” has the meaning given by section 101B(8) of the 1993 Act;

“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995(9);

“pension credit rights” means rights to future benefits under these Regulations which are attributable to a pension credit;

“pension debit” means a debit under section 29(1)(a) of the 1999 Act;

“pension debit member” means a person whose benefits or future benefits under these Regulations have been reduced under section 31 of the 1999 Act;

“pension sharing order” means any order or provision which is mentioned in section 28(1) of the 1999 Act, Article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(10) or Part 4 of Schedule 5 to the Civil Partnership Act 2004(11);

“pensionable pay” has the meaning assigned to it by regulation 23;

“pensionable service” shall be construed in accordance with regulation 10;

“the Pensions (Increase) Acts” means the Pensions (Increase) Act 1971(12) and the Pensions (Increase) Act 1974(13);

“police authority” has the meaning given to it by section 11(2) of the Police Pensions Act 1976(14);

“police force” includes a home police force, the National Criminal Intelligence Service and the National Crime Squad;

“Police Service of Northern Ireland pensions legislation” means the Northern Ireland legislation for the time being in force relating to the pensions of members of the Police Service of Northern Ireland;

“prospective service” shall be construed in accordance with regulation 31(3);

“public holiday” means Christmas Day, the 26th December (if it falls on a Saturday or Sunday), the 1st January (if it so falls), Good Friday or a bank holiday;

“the public sector transfer arrangements” has the meaning assigned to it by regulation 15(4);

“public service pension scheme” has the meaning given by section 1(1) of the 1993 Act(15);

“the qualifying service criterion” shall be construed in accordance with regulation 17(3) and (4);

“regular employment” means employment for an annual average of at least 30 hours per week;

“regular police officer” means a member of a home police force, the commissioner and an assistant commissioner of police for the City of London, an inspector of constabulary and a police officer engaged on relevant service;

“relevant award” shall be construed in accordance with regulation 50(1);

“relevant date” shall be construed in accordance with regulation 10(1);

“relevant police authority” shall be construed in accordance with regulation 76(b);

“relevant service” (except in the expression “relevant service in the reserve forces”) has the meaning assigned to it by section 97(1) of the 1996 Act(16);

“relevant service in the reserve forces” has the meaning assigned to it by regulation 88;

“reserve forces” has the meaning assigned to it by regulation 88;

“Retail Prices Index” means the general index of retail prices published by the Office for National Statistics;

“retirement” and cognate expressions shall be construed in accordance with regulation 17;

“the Scheme actuary” means the actuary for the time being appointed by the Secretary of State to provide a consulting service on actuarial matters relevant to these Regulations;

“Scottish pensions legislation” means the Scottish legislation for the time being in force relating to the pensions of members of Scottish police forces;

“Scottish police force” has the meaning assigned to it by regulation 95(1);

“selected medical practitioner” shall be construed in accordance with regulation 8(2);

“serious ill-health”, in relation to commutation under Part 6, has the meaning assigned to it by regulation 62(3);

“serviceman” has the meaning assigned to it by regulation 88;

“sick leave” means leave taken in accordance with regulation 33(5) of the Police Regulations 2003;

“standard ill-health pension” has the meaning assigned to it by regulation 29(3);

“state pensionable age” has the meaning assigned to it by regulation 43(7);

“tax year” means the 12 months beginning with 6th April in any year;

“transfer”, except in the expression “transfer election”, shall be construed in accordance with regulation 5;

“transfer election” has the meaning assigned to it by regulation 6(8); and

“unpaid maternity leave” does not include any maternity leave in respect of which statutory maternity pay is payable under the Social Security Contributions and Benefits Act 1992(17).

Regulation 6(2), (3) and (4)

SCHEDULE 2 APPLICATION OF REGULATIONS TO OFFICERS TO WHOM REGULATION 6(2) AND (3) APPLIES

1.  This paragraph applies to a regular police officer to whom these Regulations apply by virtue of regulation 6(2)(a)(ii).

2.  This paragraph applies to a regular police officer to whom these Regulations apply by virtue of regulation 6(2)(a)(iii).

3.  This paragraph applies to a regular police officer to whom these Regulations apply by virtue of regulation 6(2)(a)(iv) or (v).

4.  An officer to whom paragraph 3 applies may, instead of retaining his entitlement to his ordinary pension under regulation B1 of the 1987 Regulations(18) or, as the case may be, his deferred pension under regulation B5 of those Regulations, elect to relinquish his entitlement to the ordinary or deferred pension and to reckon as pensionable service for the purposes of these Regulations the pensionable service he was entitled to reckon under the 1987 Regulations at the time of his retirement with an entitlement to the ordinary or deferred pension.

5.  An election under paragraph 4 shall be made by the officer concerned in the form of a transfer election in accordance with the provisions of Schedule 3.

6.  An officer to whom paragraph 1 applies may elect to pay to the police authority of the force in which he is then serving a sum equal to the amount of his award by way of repayment of his aggregate pension contributions under regulation B6 of the 1987 Regulations and to reckon as pensionable service for the purposes of these Regulations the pensionable service he was entitled to reckon under the 1987 Regulations at the time of his retirement with an entitlement to the award.

7.  An election under paragraph 6 shall be made by the officer concerned in the form of a transfer election in accordance with the provisions of Schedule 3.

8.  Subject to the following provisions of this Schedule, where a regular police officer to whom these Regulations apply by virtue of regulation 6(2) pays pension contributions under regulation 7(1), he shall be eligible for awards to be payable to or in respect of him under these Regulations.

9.  The pensionable service reckonable by an officer—

(a) to whom paragraph 1 applies and who has made an election in accordance with paragraphs 6 and 7,

(b) to whom paragraph 2 applies,

(c) to whom paragraph 3 applies and who has made an election in accordance with paragraphs 4 and 5, or

(d) such as is mentioned in regulation 6(3), who cancels his election in the circumstances mentioned in regulation 6(4) but does not make a transfer election under regulation 6(8),

shall be determined in accordance with regulations 10 to 16, except that regulation 16 (reckoning of service for purposes of awards) shall have effect as if—

(e) there were inserted in paragraph (1) after the words “35 years” the words—

“less the total pensionable service he was entitled to reckon under the 1987 Regulations, calculated in accordance with paragraphs (3) and (4), at the time—

(a) of his retirement with an entitlement to—

(i) an ordinary pension under regulation B1; or, as the case may be,

(ii) a short service award under regulation B2;

(iii) a deferred pension under regulation B5, or

(iv) an award by way of repayment of aggregate pension contributions under regulation B6,

of the 1987 Regulations, or

(b) in a case falling within paragraph 9(d) of Schedule 2, when he cancelled his election in the circumstances mentioned in regulation 6(4)”; and

(f) there were added at the end the following paragraphs—

“(3) For the purposes of paragraph (1), the total pensionable service which a regular police officer was entitled to reckon at the time mentioned in paragraph (1)(a)(i), (ii), (iii) or (iv) or (b), as the case may be, shall be calculated by the police authority as the sum of—

(a) the pensionable service he was entitled to reckon under Part F of the 1987 Regulations at that time multiplied by the appropriate conversion factor—

(i) where he has not yet attained the age of 55 years, applicable to his age next birthday at the notional commencement of pension contributions under the 1987 Regulations, or

(ii) where he has attained the age of 55 years, applicable to the number of years’ qualifying service as a regular police officer he had completed as at the time of his retirement mentioned in paragraph (1)(a), (b), (c) or (d), as the case may be,

given in the following table—

TABLE OF CONVERSION FACTORS

If under age 55 Age next birthday at notional commencement of pension contributions under 1987 Regulations	If aged 55 or above Number of years’ qualifying service completed at date of retirement mentioned in paragraph (1)	Periods with full spouse benefit	For female officers, periods with no spouse benefit
25 and below	30	7/6ths	113%
26	29	115%	111%
27	28	113%	109%
28	27	111%	107%
29	26	108%	104%
30	25	105%	104%
31	24	102%	98%
32	23	99%	95%
33	22	96%	92%
34	21	92%	88%
35 and above	20 or fewer	88%	84%

and

(b) in the case of a regular police officer such as is mentioned in paragraph 9(c) of Schedule 2 who had elected to purchase increased benefits in accordance with the Police Pensions (Purchase of Increased Benefits) Regulations 1987(19), such additional sixtieths as he was entitled to reckon under regulation 8(2) of the Police Pensions (Purchase of Increased Benefits) Regulations 1987 immediately before his retirement, multiplied by the conversion factor of 88%.

(4) For the purposes of paragraph (3)—

(a) “age next birthday at the notional commencement of pension contributions under the 1987 Regulations”, in relation to a regular police officer, means the age he would attain on the birthday following the date on which he would have attained an exact age determined by subtracting the length of his qualifying service under the 1987 Regulations from his exact age on the date when he commenced paying contributions under these Regulations; and

(b) “qualifying service” and “qualifying service under the 1987 Regulations” mean the period in years he was entitled to reckon as pensionable service under the 1987 Regulations, except that where some or all of the service he was so entitled to reckon was part-time service it means the period in years he would have been entitled to reckon as pensionable service if in any period of part-time service he had served full-time.”

10.  In the case of a regular police officer to whom paragraph 1 applies and who has made an election in accordance with paragraphs 6 and 7 or to whom paragraph 3 applies and who has made an election in accordance with paragraphs 4 and 5—

(a) the pensionable service he is entitled to reckon, in accordance with regulations 10 to 16, shall include the pensionable service he was entitled to reckon under the 1987 Regulations at the time of his retirement with an entitlement to an award by way of repayment of aggregate pension contributions under regulation B6 of those Regulations, an ordinary pension under regulation B1 of those Regulations or, as the case may be, a deferred pension under regulation B5 of those Regulations, and

(b) for the purposes of sub-paragraph (a), the pensionable service he was so entitled to reckon shall be such as is calculated by the police authority in accordance with the provisions of Schedule 3.

11.  In the case of a regular police officer to whom paragraph 1 or 3 applies, for the purposes of regulation 24 (final pensionable pay), paragraph (1)(b) and (c) of that regulation shall not have effect unless the periods of twelve months mentioned in that paragraph began on or after the date when pension contributions were first paid by him under regulation 7(1).

12.  A regular police officer to whom these Regulations apply by virtue of regulation 6(2) and who has begun to pay contributions under regulation 7(1) may no longer pay pension contributions under the 1987 Regulations.

13.  In the case of—

(a) an officer to whom regulation 6(2)(a)(v) applies who is in receipt of an ill-health pension under regulation B3 of the 1987 Regulations, or

(b) an officer to whom regulation 6(2)(a)(v) applies who is in receipt of a deferred pension under regulation B5 of the 1987 Regulations,

and who, in either case, has on or after 6th April 2006 rejoined his force or joined another force (otherwise than in the circumstances set out in regulation 6(2)(c)(i), (ii) or (iii)), regulation 51 shall apply in relation to his ill-health pension as if it were a standard ill-health pension under regulation 29 or in relation to his deferred pension as if it were a deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment under regulation 32 (as the case may be); and if a portion of his pension was commuted for a lump sum under regulation B7 of the 1987 Regulations, the proviso to regulation 28(1)(b) and regulation 28(2) shall have effect as if references to the previous lump-sum payment (in the proviso to regulation 28(1)(b)) and to the most recent lump sum payment (in regulation 28(2)) included references to the lump sum paid by way of commutation.

14.  References in the foregoing paragraphs to retirement with an entitlement to an award under the 1987 Regulations shall be construed as including a reference to ceasing to serve, otherwise than upon retirement, with such an entitlement.

Regulation 6(8)

SCHEDULE 3 TRANSFER ELECTIONS UNDER REGULATION 6(8)

1.  Where a regular police officer wishes to make a transfer election in accordance with regulation 6(8) he shall do so by giving written notice to the police authority—

(a) in the case of an officer to whom these Regulations apply by virtue of regulation 6(2)(a)(iv) or (v), or to whom regulation 6(6) or (7) applies, or is such as is mentioned in regulation 6(8)(c), within such period of three months beginning no later than 1st January 2007 as the Secretary of State may determine, or such longer period as the police authority may, by reason of exceptional circumstances in that officer’s case, in their discretion allow, or

(b) in the case of an officer—

(i) to whom these Regulations apply by virtue of regulation 6(2)(a)(ii),

(ii) to whom these Regulations apply by virtue of regulation 6(2)(a)(iv) or (v) and who re-joined his force or joined another force on a date after that on which the period of three months mentioned in sub-paragraph (a) commenced,

(iii) who, for the purposes of regulation 6(6)(b), is treated as continuing to serve notwithstanding his dismissal or requirement to resign and whose reinstatement following a successful appeal occurs on a date after that on which the period of three months mentioned in sub-paragraph (a) commenced, or

(iv) who is such as is mentioned in regulation 6(8)(c), and who rejoined his force on a date after that on which the period of three months mentioned in sub-paragraph (a) commenced,

within the period of three months beginning on the date on which he first so rejoined his force or joined another force or, as the case may be, was reinstated (or such longer period as the police authority may, by reason of exceptional circumstances in that officer’s case, in their discretion allow).

2.  A transfer election made in accordance with regulation 6(8) within the period of three months mentioned in sub-paragraph (a) of paragraph 1 (or such longer period as the police authority may allow in accordance with that sub-paragraph) shall, in the case of an officer to whom regulation 6(6) applies, take effect as from 6th April 2006; but in the case of—

(a) such a transfer made by any other officer to whom paragraph 1(a) applies, or

(b) an officer such as is mentioned in paragraph 1(b),

the transfer election shall take immediate effect unless—

(c) in a case falling within paragraph 1(a), regulation 6(7) applies to the officer and he has made a transfer election before the cancellation of the election to stop paying contributions has come into effect, in which case the transfer election takes effect at the same time as the cancellation, or

(d) in a case falling within paragraph 9(b)(i), regulation 6(2)(a)(ii) applies to the officer, in which case the transfer election takes effect in accordance with paragraph 9.

3.  A regular police officer who makes such a transfer election shall, no later than the last day of the period of three months mentioned in paragraph 1(a) or (b), as the case may be (or such longer period as the police authority may allow in accordance with paragraph 1), pay all pension contributions then payable by him under the 1987 Regulations(20), including any payment he has undertaken to make under regulation F4 or F5 (previous service reckonable on payment) of those Regulations, and all periodical contributions then payable by him under the Police Pensions (Purchase of Increased Benefits) Regulations 1987.

4.  As from the date on which a regular police officer’s transfer election takes effect, he may no longer pay pension contributions under the 1987 Regulations.

5.  As from the date on which such a transfer election takes effect, the total pensionable service the regular police officer concerned was entitled to reckon under the 1987 Regulations immediately before that date, calculated in accordance with paragraphs 6, 7 and 9, shall be reckonable as pensionable service for the purposes of these Regulations.

6.  For the purposes of paragraph 5, the total pensionable service which a regular police officer was entitled to reckon immediately before that date shall be calculated by the police authority as the sum of—

(a) the pensionable service he was entitled to reckon under Part F of the 1987 Regulations at that time, multiplied by the appropriate conversion factor—

(i) where he has not yet attained the age of 55 years, applicable to his age next birthday at the notional commencement of pension contributions under the 1987 Regulations, or

(ii) where he has attained the age of 55 years, applicable to the number of years’ qualifying service as a regular police officer he has completed as at the date on which his transfer election takes effect,

given in the following table—

TABLE OF CONVERSION FACTORS

If under age 55 Age next birthday at notional commencement of pension contributions under 1987 Regulations	If aged 55 or above Number of years’ qualifying service completed immediately before the date on which the transfer election takes effect	Periods with full spouse benefit	For female officers, periods with no spouse benefit
25 and below	30	7/6ths	113%
26	29	115%	111%
27	28	113%	109%
28	27	111%	107%
29	26	108%	104%
30	25	105%	101%
31	24	102%	98%
32	23	99%	95%
33	22	96%	92%
34	21	92%	88%
35 and above	20 or fewer	88%	84%

and

(b) in the case of a regular police officer who had elected to purchase increased benefits in accordance with the Police Pensions (Purchase of Increased Benefits) Regulations 1987(21), such additional sixtieths as he would have been entitled to reckon under regulation 8(2) of the Police Pensions (Purchase of Increased Benefits) Regulations 1987 if, immediately before the date on which his transfer election takes effect, he had made an election under regulation G4 of the 1987 Regulations, multiplied by the conversion factor of 88%:

Provided that—

(a) where a regular police officer has not paid the full amount due in accordance with paragraph 3 before the expiry of the period mentioned in that paragraph, the pensionable service he was entitled to reckon under the 1987 Regulations in respect of the period of service to which the contributions in question relate shall be the same proportion of that period of service as the amount which has been so paid bears to the total amount due; except that where the person concerned dies before the expiry of that period there shall be reckonable the full period of his pensionable service to which the amount due relates notwithstanding that the amount due has, in full or in part, not been paid in accordance with paragraph 3;

(b) in the case of a pension debit member, his pension debit under the 1987 Regulations shall be multiplied by the conversion factor of 105% and shall be treated as a pension debit under regulation 36; and

(c) for the purposes of these Regulations, the total pensionable service he was entitled to reckon under the 1987 Regulations shall not exceed 35 years.

7.  In paragraph 6—

(a) “age next birthday at the notional commencement of pension contributions under the 1987 Regulations”, in relation to a regular police officer, means the age he would attain on the birthday following the date on which he would have attained an exact age determined by subtracting the length of his qualifying service under the 1987 Regulations from his exact age on the date when he commenced paying contributions under these Regulations, where-

(b) “qualifying service” and “qualifying service under the 1987 Regulations” mean the period in years he was entitled to reckon as pensionable service under the 1987 Regulations, except that where some or all of the service he was so entitled to reckon was part-time service it means the period in years he would have been entitled to reckon as pensionable service if in any period of part-time service he had served full-time.

8.—(1) A regular police officer to whom—

(a) regulation 6(2)(a)(iv) or (v), (6), (7) or (8)(c) applies and who does not make a transfer election within the period mentioned in paragraph 1 (a) or (b), as the case may be, or

(b) regulation 6(5) applies, and

(c) who, in either case, is entitled to a deferred pension under regulation B5 of the 1987 Regulations,

and who does not make a transfer election within the period mentioned in paragraph 1(a) or (b), as the case may be, may make a transfer election by giving written notice to the police authority at any time before his retirement.

(2) In such a case, the pensionable service he was entitled to reckon under the 1987 Regulations which is to be reckoned as pensionable service for the purposes of these Regulations shall be calculated and credited by the police authority in accordance with tables and guidance issued for the purpose by the Scheme actuary, as if a transfer value had been received under regulation 15(1).

9.  In the case of a regular police officer who, after making a transfer election in accordance with paragraph 1(b), makes an appropriate payment in accordance with regulation 13(1) in respect of a period of service as a regular police officer which ceased before the date on which that transfer election took effect, he shall be entitled to reckon as pensionable service for the purposes of these Regulations a period calculated by the police authority by multiplying the period of pensionable service to which the appropriate payment relates by the appropriate conversion factor applicable to his age next birthday at the notional commencement of pension contributions under the 1987 Regulations, given in the table set out in paragraph 6.

10.  In the case of a regular police officer whose transfer election has taken effect, regulation 26 (aggregate pension contributions for the purposes of repayment) shall have effect as if, in paragraph (2), for the words “he became a regular police officer” to the end, there were substituted the words “on which a transfer election made by him in accordance with the provisions of Schedule 3 took effect”.

11.  In the case of a regular police officer who had allocated a portion of any pension to which he might become entitled in accordance with regulation B9 of the 1987 Regulations, such allocation shall have no further effect as from the date on which his transfer election takes effect.

12.  As from the date on which a transfer election made by a regular police officer takes effect, entitlement to awards to or in respect of him under the 1987 Regulations shall cease, except for entitlement to pension credit benefits.

13.  In relation to a regular police officer who makes a transfer election, regulation 58 (lump sum payments) shall have effect as if, for the words “he last began to serve as such” in paragraph (1) there were substituted the words “he made his transfer election under regulation 6(8)”.

14.  A regular police officer by whom pension contributions are payable under regulation G2(1) of the 1987 Regulations may make a provisional declaration for the purposes of regulation 40(2) which shall be—

(a) submitted to the police authority of the force in which he is serving, no later than—

(i) the expiry of the last day of the period of three months mentioned in paragraph 1(a) (or of such longer period as the police authority may allow in accordance with that paragraph), or

(ii) the day immediately before that on which he makes his transfer election,

whichever shall first occur; and

(b) be in the form specified in regulation 40(2).

15.  A provisional declaration made in accordance with paragraph 14 shall, as from the date on which the transfer election in question takes effect, take effect as if it had been made on that date pursuant to regulation 40(2):

Provided that if a regular police officer who has made a provisional declaration in accordance with paragraph 14 does not make a transfer election within the period of three months mentioned in paragraph 1(a) (or such longer period as the police authority may allow under paragraph 1) the provisional declaration shall cease to have effect as from the end of that period.

16.  In the case of a regular police officer—

(a) to whom these Regulations apply by virtue of regulation 6(2)(a)(v); or

(b) to whom regulation 6(8)(c) applies,

and whose transfer election has taken effect, if a portion of his ill-health pension or deferred pension was commuted for a lump sum under regulation B7 of the 1987 Regulations, the proviso to regulation 28(1)(b) and regulation 28(2) shall have effect as if references to the previous lump sum payment (in the proviso to regulation 28(1)(b)) and to the most recent lump sum payment (in regulation 28(2)) included references to the lump sum paid by way of commutation.

17.—(1) If a regular police officer is ineligible for pension awards payable on the ground of permanent disablement under regulation G7 of the 1987 Regulations and is an officer to whom regulation 6(5), (6) or (7) applies, he may at the time of making his transfer election request by notice in writing given to the police authority that his eligibility for pension awards payable on the ground of permanent disablement be redetermined by the police authority in accordance with regulation 8.

(2) Where a regular police officer gives such notice as is mentioned in sub-paragraph (1), regulation 8 shall apply to him and his eligibility for pension awards payable on the ground of permanent disablement shall be determined by the police authority in accordance with that regulation, subject to any appeal in accordance with regulation 70; and if the police authority determine under regulation 8(3) or 8(4) (as applicable) that the risk presented by that officer that he will retire on the ground that he is permanently disabled is such that the likely cost of providing him with benefits under these Regulations is not disproportionately high he shall be eligible for pension awards payable on the ground of permanent disablement from the date on which his transfer election took effect but only in respect of his pensionable service from that date.

(3) Where a regular police officer is eligible for pension awards payable on the ground of permanent disablement in accordance with sub-paragraph (2)—

(a) regulation 29 shall apply to him from the date on which his transfer election took effect; and

(b) in calculating his entitlement to any standard ill-health pension or any enhanced top-up ill-health pension the pensionable service he is entitled to reckon as at the date of his retirement shall only comprise service from the date on which his transfer election took effect.

(4) If, as a result of a determination and any appeal following that determination under sub-paragraph (2), the officer is ineligible for pension awards payable on the ground of permanent disablement for the purposes of these Regulations he may within 28 days of receiving notice of such ineligibility, elect to cancel his transfer election by notice in writing given to the police authority.

(5) Where a regular police officer has elected to cancel his transfer election in accordance with paragraph (4), he shall be treated for all purposes as if the transfer election had not been made.

18.—(1) This sub-paragraph applies to a regular police officer who has made a transfer election in accordance with regulation 6(8) and who was ineligible for pension awards payable on the ground of permanent disablement under regulation G7 of the 1987 Regulations.

(2) A regular police officer to whom sub-paragraph (1) applies shall be ineligible for pension awards payable on the ground of permanent disablement in respect of the pensionable service he is entitled to reckon for the purposes of these Regulations under paragraphs 5 or 8, as applicable; and he shall remain so ineligible in respect of such pensionable service even if he subsequently makes an election under regulation 9(1) which is later cancelled under regulation 9(5) or he retires or otherwise ceases to serve and subsequently rejoins his force or joins another force.

(3) Subject to paragraph 17, a regular police officer to whom sub-paragraph (1) applies shall also be ineligible for pension awards payable on the ground of permanent disablement for the purposes of these Regulations, as if he were so ineligible under regulation 8(5).

Regulation 51(11)

SCHEDULE 4 PROGRESSIVE MEDICAL CONDITIONS

The progressive medical conditions mentioned in regulation 51(11) are:

• AIDS

• Alzheimer’s disease;

• Cancer;

• Creutzfeld-Jacob disease;

• Huntington’s chorea;

• Motor neurone disease;

• Multiple sclerosis;

• Nieman Pick disease;

• Non-variant Creutzfeld-Jacob disease;

• Parkinson’s disease; and

• Variant Creutzfeld-Jacob disease.

Regulation 97

SCHEDULE 5 AMENDMENT OF THE POLICE (INJURY BENEFIT) REGULATIONS 2006

1.  The Police (Injury Benefit) Regulations 2006(22) are amended in accordance with this Schedule.

2.  For regulation 4 (pensionable and average pensionable pay and aggregate pension contributions) substitute the following—

“4.— (1) For the purposes of calculating an award to or in respect of a member of a police force his pensionable pay shall be calculated—

(a) in a case where his pension contributions were payable under regulation G2 of the 1987 Regulations, in the same way as if the award were one payable under the 1987 Regulations, in accordance with regulation G1(1) and (1A) of those Regulations;

(b) in a case where his pension contributions were payable under regulation 7 of the 2006 Regulations, in the same way as if the award were one payable under the 2006 Regulations, in accordance with regulation 23 of those Regulations.

(2) For the purposes of calculating an award to or in respect of a member of a police force his average pensionable pay shall be calculated—

(a) in a case such as is mentioned in paragraph (1)(a), in the same way as if it were an award payable under the 1987 Regulations, in accordance with regulation G1(2) to (9) of those Regulations, and as if—

(i) the relevant date for the purposes of that regulation were the date of his last day of service as a regular policeman in the force of the police authority by whom the award is payable, and

(ii) the provisions specified in paragraph 4(4) of Part VI of Schedule J (part-time service) to the 1987 Regulations included the following provisions of these Regulations, that is to say regulations 13(2) and (3) (amount of adult survivor’s special award), 14(2)(a) (amount of adult survivor’s augmented award) and 17(3), (4), (5) and (6) (amount of child’s special allowance), and paragraphs 1, 2 and 4 of Schedule 5 (adult dependent relative’s special pension);

(b) in a case such as is mentioned in paragraph (1)(b), in the same way as if it were an award payable under the 2006 Regulations, in accordance with regulation 25 of those Regulations, and as if—

(i) the period of twelve months mentioned in regulation 24(1) of those Regulations were the period of twelve months ending with the date of his last day of service as a regular police officer in the force of the police authority by whom the award is payable, and

(ii) the provisions specified in regulation 25(4) of the 2006 Regulations (average pensionable pay) included the provisions of these Regulations mentioned in sub-paragraph (a)(ii).

(3) For the purposes of an award calculated in accordance with paragraphs (1) and (2) references in such provisions of the 1987 Regulations or, as the case may be, of the 2006 Regulations as are mentioned in those paragraphs to a person’s pensionable service shall in the case of a regular policeman or regular police officer who has made an election under regulation G4(1) of the 1987 Regulations or, as the case may be, regulation 9(1) of the 2006 Regulations include references to the pensionable service which would have been reckonable by him if he had not made such an election.

(4) For the purposes of calculating an award to or in respect of a regular police officer his aggregate pension contributions shall be calculated—

(a) in a case where his pension contributions were payable under regulation G2 of the 1987 Regulations, in the same way as if it were an award payable under the 1987 Regulations, in accordance with regulation A10 of those Regulations;

(b) in a case where his pension contributions were payable under regulation 7 of the 2006 Regulations, in the same way as if it were an award payable under the 2006 Regulations, in accordance with regulation 26 of those Regulations.”

3.  For regulation 12(3) (disablement gratuity) substitute the following—

“(3) For the purposes of paragraph (2)(b) the amount of aggregate pension contributions in respect of the relevant period of service shall be calculated—

(a) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation G2(1) of the 1987 Regulations or would have been so payable but for an election under regulation G4(1) of the 1987 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation A10 of those Regulations;

(b) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation 7 of the 2006 Regulations or would have been so payable but for an election under regulation 9 of the 2006 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation 26 of those Regulations.”

4.  In regulation 13(2)(b)(ii) (adult survivor’s special award) after “the 1987 Regulations” insert “or, as the case may be, regulation 29 of the 2006 Regulations”.

5.  In regulation 21(2) (death gratuity) after “the 1987 Regulations” insert “or, as the case may be, under regulations 71, 72 or 73 of the 2006 Regulations”.

6.  In regulation 22 (abatement of certain gratuities in respect of gratuities otherwise payable)—

(a) in paragraph (1) after “the 1987 Regulations” insert “or, as the case may be, regulation 44 or 45 of the 2006 Regulations”;

(b) in paragraph (2)(a)(i) after “the 1987 Regulations” insert “or, as the case may be, regulation 44 or 45 of the 2006 Regulations”;

(c) in paragraph (2)(a)(ii) after “the 1987 Regulations” insert “or, as the case may be, regulation 46 of the 2006 Regulations”;

(d) in paragraph (2)(b)(ii)(C) after “the 1987 Regulations” insert “or, as the case may be, regulation 29 of the 2006 Regulations”;

(e) in paragraph (2)(c) after “the 1987 Regulations” insert “or, as the case may be, regulation 44 of the 2006 Regulations”.

7.  In regulation 24(5) (gratuity in lieu of adult survivor’s special pension) after “the 1987 Regulations” insert “or the 2006 Regulations”.

8.  In regulation 26 (limitation on discretion to grant a gratuity in lieu of an adult survivor’s special pension or a child’s special allowance)—

(a) in paragraph (1) after “the 1987 Regulations” insert “or the 2006 Regulations”;

(b) in paragraph (2) after “the 1987 Regulations” insert “or regulation 38 of the 2006 Regulations”;

(c) in paragraph (2) after “regulation B7 of the 1987 Regulations” insert “or regulation 38”.

9.  In regulation 27 (prevention of duplication)—

(a) in paragraph (1)(a) after “the 1987 Regulations” insert “or an adult survivor’s pension under regulation 41 of the 2006 Regulations”;

(b) in paragraph (1)(b) after “the 1987 Regulations” insert “or a child survivor’s pension under regulation the 2006 Regulations”.

10.  In regulation 28 (increase of adult survivor’s pension or child’s special allowance during first 13 weeks)—

(a) in paragraph (1)(b) after “the 1987 Regulations” insert “or Part 4 of the 2006 Regulations”;

(b) in paragraph (2) after “Part D of the 1987 Regulations” insert “or regulation 42 of the 2006 Regulations”;

(c) in paragraph (2)(ii) after “Part B of the 1987 Regulations” insert “or, as the case may be, Part 4 of the 2006 Regulations”.

11.  In regulation 30(2) (reference of medical questions)—

(a) after “regulation H1(2) of the 1987 Regulations” insert “or regulation 69 of the 2006 Regulations”;

(b) after “Part H of the 1987 Regulations” insert “or, as the case may be, Part 7 of the 2006 Regulations”.

12.  In regulation 37 (reassessment of injury pension)—

(a) in paragraph (2) after “the 1987 Regulations” insert “or the 2006 Regulations”;

(b) in paragraph (3) after “the 1987 Regulations” insert “or regulation 51(5) or (6) of the 2006 Regulations”;

(c) in paragraph (4) after “the 1987 Regulations” insert “or regulation 51(8)(d) of the 2006 Regulations”.

13.  In regulation 39(2) (withdrawal of pension during service as a regular police officer) after “the 1987 Regulations” insert “or, as the case may be, regulation 39(7)(b) of the 2006 Regulations”.

14.  In regulation 40 (forfeiture) after paragraph (4) insert the following paragraph—

“(4A) The police authority may, to such extent as they at any time in their discretion think fit—

(a) apply for the benefit of any adult or child survivor of the grantee of the pension; or

(b) restore to the grantee of the pension,

any amount or amounts of any pension that has or have been forfeited under this regulation.”

15.  In Schedule 1 (glossary of expressions), at the appropriate place insert—

““the 2006 Regulations” means the Police Pensions Regulations 2006;”.

16.  In Schedule 3 (police officer’s injury award)—

(a) in paragraph 5 after “the 1987 Regulations” insert “or regulation 9(1) of the 2006 Regulations”;

(b) in paragraph 6(1) after “the 1987 Regulations” insert “or, as the case may be, Part 4 of the 2006 Regulations”;

(c) in paragraph 6(2)(b) after “the 1987 Regulations” insert “or, as the case may be, regulation 38 of the 2006 Regulations”;

(d) in paragraph 6(3) after “the 1987 Regulations” insert “or, as the case may be, regulation 9(1) of the 2006 Regulations”.

(1)

S.I. 1987/257

(2)

1993 c.48.

(3)

1996 c.16.

(4)

1999 c.30.

(5)

S.I. 2003/527; the definition was amended by regulation (1) and (2)(a) of S.I. 2003/2594.

(6)

S.I. 2003/527; there are no amendments of regulation 3(1) relevant to this definition.

(7)

Regulation 5 was amended by S.I. 2003/2594, regulation 4(1) and (3).

(8)

Section 101B was inserted by section 37 of the 1999 Act.

(9)

1995 c.26.

(10)

S.I. 1999/147 (N.I.11).

(11)

2004 c.33.

(12)

1971 c.56.

(13)

1974 c.9.

(14)

1976 c.35; section 11(2) was amended by the Police and Magistrates’ Courts Act 1994 (c. 29), Schedule 5, Part 2, paragraph 20(3), the 1996 Act, Schedule 7, paragraph 33, the Police Act 1997 (c. 50), Schedule 9, paragraph 33(2)(b) and 33(2)(c), the Criminal Justice and Police Act 2001 (c. 16), section 126(3) and Schedule 4, paragraph 6 and the Police Reform Act 2002 (c. 30), Schedule 7, paragraph 7(1) and (2).

(15)

Subsection (1) of section 1 was so numbered by the Pensions Act 2004 (c.35), section 293(1) and (2) and the definition of “public service pension scheme” was amended by S.I. 1997/1820, article 4, Schedule 2, Part 1, paragraph 113(a) and (b).

(16)

Section 97(1) was amended by the Police Act 1997 (c.50), Schedule 9, paragraph 86(2), the Criminal Justice and Police Act 2001 (c.16), Schedule 4, paragraph 7(3)(a), the International Development Act 2002 (c.1), Schedule 3, paragraph 11 and Schedule 4, the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraphs 1 and 30(1) and (2) and the Police Reform Act 2002 (c.30), Schedule 7, paragraph 19(1).

(17)

1992 c.4.

(18)

S.I. 1987/257.

(19)

S.I. 1987/2215; relevant amendments were made by S.I. 1990/3202, 2004/2354 and 2005/1439.

(20)

S.I. 1987/257.

(21)

S.I. 2215; relevant amendments were made by S.I. 1990/805, 2002/3202, 2004/2354 and 2205/1439.

(22)

S.I. 2006/932.