Amendment of the Police Pensions (Remediable Service) Regulations 20232

1

The Police Pensions (Remediable Service) Regulations 20233 are amended in accordance with this regulation.

2

In regulation 12 (deferred choice decision for reformed scheme or legacy scheme benefits: general), in paragraph (7)(b), for “take” substitute “takes”.

3

In regulation 17 (application and interpretation of Chapter 1), in paragraph (2)—

a

omit the definition of “appropriate person”;

b

in the definition of “remediable shareable rights”, for “transfer date” substitute “transfer day”.

4

After regulation 43 (variation of the club transfer application period), insert—

Chapter 3ATransfers on a non-club basis

Non-club transfers in43A

1

This regulation applies in relation to a remedy member (“M”) to whom—

a

regulation F6 of the 1987 Regulations (previous service reckonable under current interchange arrangements)4 would have applied, had M been a member of the 1987 Scheme during the remedy period, or

b

regulation 15 of the 2006 Regulations (service reckonable by reason of transfer value)5 would have applied, had M been a member of the 2006 Scheme during the remedy period.

2

A scheme manager may decide to accept, in respect of M’s former service, a transfer value in accordance with, as the case may be—

a

regulation F6 of the 1987 Regulations, or

b

regulation 15 of the 2006 Regulations.

3

A decision under paragraph (2) may only be made—

a

if the scheme manager is satisfied that it is more likely than not that, but for a relevant breach of the non-discrimination rule, the same or a similar decision would, during the period of M’s remediable police service, have been made by the scheme manager,

b

before—

i

the end of the period of one year beginning with the day on which a remediable service statement is first provided in respect of M, or

ii

such later time as the scheme manager considers reasonable in all the circumstances, and

c

after an application in accordance with paragraph (4) is approved by the scheme manager.

4

An application is made in accordance with this paragraph where—

a

it is in writing in a form and manner determined by the scheme manager,

b

it is accompanied by any information the scheme manager reasonably requires to be provided for the purposes of—

i

making a decision under paragraph (2);

ii

determining the matters mentioned in paragraph (3)(a), and

c

it is received by the scheme manager—

i

before the end of the period of six months beginning with the later of—

aa

the day on which a remediable service statement is first provided in respect of M;

bb

the day on which this regulation comes into force, or

ii

such later time as the scheme manager considers reasonable in all the circumstances.

5

In regulation 52 (determining the value of M’s remediable ill-health benefits), omit “and having consulted the scheme actuary”.

6

In regulation 55 (elections for non-pensionable payment instead of temporary pay)—

a

in paragraph (4)(b)(ii), after “regulation (4)(2)(a)”, insert “or (c)”;

b

in paragraph (5)(a) omit “, having consulted the scheme actuary,”.

7

In regulation 59 (indirect compensation), in paragraph (2), after “section” insert “23”.

8

In regulation 60 (applications for compensation or indirect compensation), in paragraph (2)(b), for “require” substitute “requires”.

9

In regulation 61 (netting off), in paragraph (3)(a), for “(provision of information)” substitute “(provision of explanation)”.

10

In the shoulder reference to the Schedule (eligible decision-makers for deceased members), for “4(1)” substitute “4(3)”.