The Police Pensions (Supplementary Provisions) Regulations 1987

• Citation: S.I. 1987/256
• Sections: 11

Section 1 Citation and commencement

These Regulations may be cited as the Police Pensions (Supplementary Provisions) Regulations 1987 and shall come into force on 1st April 1987.

Section 2 Revocation and amendment of the Police Pensions Regulations 1973

The Police Pensions Regulations 1973 and the other Regulations specified in Part I of Schedule 1 hereto are hereby revoked to the extent there mentioned but, in respect of any period beginning on or after 1st April 1972 and ending before the coming into force of these Regulations, the said Regulations of 1973 as from time to time in force shall have effect subject to the amendment set out in Part II of that Schedule.

Section 3 Commencement of the Police Pensions Regulations 1987 and transitional provisions

The Police Pensions Regulations 1987 shall come into force on 1st April 1987 and shall have effect subject to the transitional provisions set out in Part III of Schedule 1 hereto.

Section 4 Old cases Regulations

The old cases Regulations, that is to say the Regulations set out in Part I of Schedule 2 hereto, shall, subject to the amendment contained in Part II of that Schedule, continue to apply in the case of an award or payment to or in respect of, or relating to—

(a) a person who retired or otherwise ceased to be a member of a police force before 1st April 1972, or

(b) a person, being a serviceman who did not resume service as a regular policeman, whose period of relevant service in the armed forces ended before 1st April 1972,

including an award on the death of such a person on or after the said date.

Section 5 War Service Regulations

The Police Pensions (War Service) Regulations 1979 shall have effect subject to the amendments set out in Schedule 3 hereto.

Section 6 War Service (Transferees) Regulations

The Police Pensions (War Service) (Transferees) Regulations 1985 shall have effect subject to the amendments set out in Schedule 4 hereto.

Section 7 Injury Benefit Regulations

The Police (Injury Benefit) Regulations 1987 shall have effect subject to the amendments set out in Schedule 5 hereto.

Section 8 Provisions supplemental to Regulations 5, 6 and 7

(1) In accordance with Regulations 5, 6 and 7 of these Regulations, the Police Pensions Regulations 1987 shall have effect subject to the provisions of the Regulations amended thereby.

(2) Anything done before the coming into force of these Regulations under or for the purposes of the Regulations amended by Regulation 5, 6 or 7 thereof shall have effect as if done under or for the purposes of the Regulations in question as so amended.

Section 1

The Police Pensions Regulations 1987 shall have effect as if anything done, or treated as done, under or for the purposes of the Police Pensions Regulations 1973 had been done under or for the purposes of the corresponding provision of the said Regulations of 1987.

Section 2

Without prejudice to the generality of paragraph 1 references therein to anything done shall include—

(a) the determination of a question;

(b) the exercise of a discretion;

(c) the decision that a provision should apply;

(d) the making of a payment;

(e) the giving of a notice; and

(f) the commutation or allocation of a portion of a pension.

Section 82A Transfer value payable under inter-change arrangements—application of Regulation F9 of the Police Pensions Regulations 1987

(1) If the police authority so determine in the case of a particular regular policeman—

(a) who retired on or after 5th July 1948,

(b) in whose case a transfer value, calculated in accordance with these or the former Regulations has not been paid, Regulation F9 of the Police Pensions Regulations 1987 (“the Regulations of 1987”) and Sections 1 and 3 of Part II of Schedule F thereto shall have effect as if set out herein but subject to the exceptions and modifications mentioned in paragraphs (2) and (3) and any other necessary modifications.

(2) Regulation F9 of the Regulations of 1987 shall have effect for the purposes hereof as hereinafter provided, namely, as if—

(a) in paragraph (1)(a) after the word “who” there were inserted the word “retired” and the words “retires or retired on or after 1st April 1972” were omitted, and

(b) the requisite payment mentioned in paragraph (5)(b) were one of an amount equal to that of the policeman’s award mentioned in paragraph (1)(a)(ii) when increased by an amount equal to compound interest thereon at the rate of 6% per annum, calculated with yearly rests, in respect of the period before 1st January 1974 beginning with the date he received the award.

(3) Section 1 of Part II of Schedule F to the Regulations of 1987 shall have effect for the purposes hereof as hereinafter provided, namely—

(a) subject as hereinafter provided, the notional pensions referred to in paragraph 1(1)(b) and (c) shall be calculated in accordance with the Regulations of 1987 but by reference to—

(i) the policeman’s average pensionable pay within the meaning of these Regulations, or

(ii) in the case of a policeman who retired before 1st July 1949, his pensionable pay within the meaning of the Police Pensions Regulations 1948 or the Police Pensions (Scotland) Regulations 1948;

(b) where immediately before his retirement the policeman was paying pension contributions at a rate related to 5% of his pensionable pay, the widow’s notional accrued pension referred to in paragraph 1(1)(c) shall not be less than would have been the widow’s ordinary pension which would have been payable to his widow under these or the former Regulations (as in force at the time of his retirement) had he died when he retired in circumstances entitling her to such an award, calculated however at the flat rate specified in Scheme I of the appropriate provision of the Regulations in question (as then in force);

(c) where immediately before his retirement the policeman was paying pension contributions at a rate related to 6.25% of his pensionable pay, the widow’s notional accrued pension shall be calculated as if, at the time of his retirement—

(i) Regulation 57 of the Police Pensions Regulations 1973 had been in force in place of such of the relevant provisions, as defined in paragraph (2) of the said Regulation 57, as were then in force, and

(ii) paragraph 2 of Part VIII of Schedule B to the Police Pensions Regulations 1987 had been in force in place of the corresponding provisions of these or the former Regulations, as were then in force, and, accordingly, for the purposes of that calculation any additional contributions that he may have paid or any reduction that may have fallen to be made under the said relevant or corresponding provisions shall be deemed to have been paid or have fallen to be made under the said Regulation 57 or paragraph 2, as the case may be, and

(d) the reference in paragraph 6 to Part I of Schedule F shall be construed as a reference to the corresponding provision of these or the former Regulations (as in force immediately before he ceased to be a member of his former force).

(4) This Regulation shall have effect as if anything done under or for the purposes of Regulation 85 of the Police Pensions Regulations 1973 as it had effect by virtue of paragraph (4) thereof had been done under or for the purposes of this Regulation.