The Police Pensions Regulations 1987

• Citation: S.I. 1987/257
• Sections: 262

A1 Citation and commencement

These Regulations may be cited as the Police Pensions Regulations 1987 and come into force on the date specified in that behalf in the Police Pensions (Supplementary Provisions) Regulations 1987 .

A2 Supplementary provisions

These Regulations have effect subject to—

(a) the transitional provisions set out in Part III of Schedule 1 to the Police Pensions (Supplementary Provisions) Regulations 1987 (“the Supplementary Regulations”), and

(b) the Police Pensions (War Service) Regulations 1979 , the Police Pensions (War Service) (Transferees) Regulations 1985 and the Police (Injury Benefit) Regulations 1987 as amended by Regulations 5, 6 and 7 of the Supplementary Regulations.

A3 Exclusion of old cases

(1) Nothing in these Regulations shall apply in a case in which the old cases Regulations apply, that is to say, 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.

(2) The reference in paragraph (1) to the old cases Regulations is a reference to the Police Pensions Regulations 1971 and other Regulations set out in Part I of Schedule 2 to the Police Pensions (Supplementary Provisions) Regulations 1987, as amended by Part II of that Schedule.

A4 Meaning of certain expressions and references—general provisions

(1) In these Regulations, unless the context otherwise requires—

(a) the expressions contained in the glossary set out in Schedule A shall be construed as therein provided;

(b) any reference to a member of a police force, however expressed, includes a reference to a person who has been such a member;

(c) any reference to an award, however expressed, is a reference to an award under these Regulations.

(2) In these Regulations, unless the context otherwise requires, a reference to a Regulation or a Part shall be construed as a reference to a Regulation contained in these Regulations or a Part thereof, a reference to a Schedule shall be construed as a reference to a Schedule to these Regulations, a reference to a paragraph shall be construed as a reference to a paragraph in the same Regulation or, as the case may be, the same Part of the same Schedule or the same Section thereof and a reference to a sub-paragraph shall be construed as a reference to a sub-paragraph contained in the same paragraph.

A5 Meaning of certain expressions related to the National Insurance and Social Security Acts

(1) In these Regulations the following expressions shall have the meanings respectively which they had for the purposes of the National Insurance Act 1965 immediately before its repeal by the Social Security (Consequential Provisions) Act 1975 —

“employed contributor’s employment”;

“graduated contribution”;

“graduated retirement benefit”;

“non-participating employment”;

“payment in lieu of contributions”.

(2) In these Regulations any reference to state pensionable age is a reference to the age of 65 years in the case of a man, or 60 years in the case of a woman.

(3) In these Regulations any reference to a participating period of relevant employment is a reference to a period of employed contributor’s employment after 5th April 1961 and before state pensionable age other than—

(a) service in the armed forces, and

(b) non-participating employment at the end of which no payment in lieu of contributions fell to be made;

and for the purposes of this paragraph a period of employed contributor’s employment or of non-participating employment shall be treated as continuing during periods of holiday, temporary incapacity for work and similar temporary interruptions.

(4) In these Regulations any reference to the secured portion of a pension is a reference to the portion of the pension which equals the graduated retirement benefit which would be payable to the pensioner, on the assumption that he retired from regular employment on attaining state pensionable age, in return for a payment in lieu of contributions in respect of the whole of any period of non-participating employment by reason of which he is entitled to reckon pensionable service for the purposes of the pension, being a period of non-participating employment at the end of which no payment in lieu of contributions in fact fell to be made; and any reference to the unsecured portion of a pension shall be construed accordingly.

For the purposes of this paragraph a period of non-participating employment shall be treated as continuing during periods of holiday, temporary incapacity for work and similar temporary interruptions.

(5) For the purposes of these Regulations the annual rate of graduated retirement benefit shall be calculated as if there were 52⅙ weeks in each year.

(6) In these Regulations the following expressions shall have the meanings respectively which they have for the purposes of the Social Security Pensions Act 1975 —

“contracted-out employment”;

“contracted-out scheme”;

“guaranteed minimum” and “guaranteed minimum pension”;

“contributions equivalent premium”.

(7) In these Regulations any reference to a case in which a contributions equivalent premium has been paid includes a reference to a case in which such a premium is payable but has not been paid by virtue of regulations under Schedule 2 to the Social Security Pensions Act 1975 dispensing with the payment of such a premium where its amount would be inconsiderable.

(8) In these Regulations any reference to the guaranteed minimum in relation to a pension under a pension scheme at a particular time is a reference to the amount certified by the Department of Health and Social Security as that minimum at that time.

A6 Meaning of certain expressions in relation to persons who are not members of a home police force

(1) A reference in these Regulations to a rank, being a rank in a home police force, shall, in relation to a member of an overseas corps, be construed as a reference to such rank in that corps as the Secretary of State may from time to time direct.

(2) For the purposes of these Regulations—

(a) a central police officer, or

(b) an overseas policeman who is not a member of an overseas corps, shall be deemed to hold the rank in which he is entitled to revert to his home police force at the end of his tour of overseas service or, as the case may be, of central service.

(3) For the purposes of these Regulations—

(a) an inspector of constabulary shall be deemed to hold the rank and office of chief constable;

(b) an assistant inspector of constabulary shall be deemed to hold the rank of chief superintendent.

(4) Except where the context otherwise requires, for the purposes of these Regulations—

(a) an inspector or assistant inspector of constabulary or a central police officer shall be deemed to be a member of a home police force;

(b) an overseas policeman who is not a member of an overseas corps shall be deemed to be a member of such a corps;

and any reference to such a person joining or leaving a police force or transferring from one force to another, however expressed, shall be construed accordingly.

(5) In relation to an inspector or assistant inspector of constabulary, a central police officer or an overseas policeman, any reference in these Regulations to the police authority shall be construed as a reference to the Secretary of State.

(6) This Regulation has effect subject to paragraph 3 of Part VII of Schedule J.

A7 Weekly rate of pensions and allowances

Where the rate at which a pension or allowance is payable or the amount thereof is expressed as an annual rate or amount then, for the purposes of these Regulations, the weekly rate or amount of that pension or allowance shall be determined as if there were 52⅙ weeks in each year.

A8 Persons treated as being in receipt of a pension

For the purposes of these Regulations, except where otherwise expressly provided, a person shall be treated as being in receipt of an ordinary, short service, ill-health or, as the case may be, injury pension if he would be in receipt of such a pension—

(a) in the case of an ordinary pension—

(i) had he attained the age of 50 years, or

(ii) had it not been wholly withdrawn under Regulation K4 ( withdrawal of pension during service as a regular policeman );

(b) in the case of a short service or ill-health pension, had it not been withdrawn as mentioned in sub-paragraph (a)(ii);

(c) in the case of an injury pension, had the aggregate reductions therein under paragraphs 3 and 4 of Part V of Schedule B not exceeded the amount of the pension calculated in accordance with paragraph 2 thereof.

A9 Reckoning of service for purposes of awards

(1) Subject to paragraph (3), for the purpose of calculating an award payable to or in respect of a member of a police force by reference to any period in years (including a period of pensionable or other service)—

(a) that period shall be reckoned in completed years and a fraction of a year;

(b) a part of a year shall be taken to be that fraction of a year whereof the denominator is 365 and the numerator is the number of completed days in that part and, accordingly, a part of a year which includes 29th February in a leap-year and comprises 365 days shall be treated as a whole year.

(2) Where, for the purpose of calculating an award to or in respect of a regular policeman—

(a) it is necessary to determine his pensionable service reckonable by reason of service or employment before or after a particular date, and

(b) by virtue of the receipt by a police authority of a transfer value, he is entitled to reckon a period of pensionable service by reason of service or employment for a period which includes the date in question,

then that part of the said period of pensionable service shall be deemed to be reckonable by reason of service or employment before or after the date in question which bears the same proportion to the whole of that period as the part of the previous service or employment before, or as the case may be after, that date bears to the whole thereof.

(3) Paragraph (1) has effect subject to paragraphs 1, 2 and 3 of Part IV of Schedule J.

A10 Aggregate pension contributions for purposes of awards

(1) For the purpose of calculating the amount of an award by reference to the aggregate pension contributions of a regular policeman in respect of the relevant period of service, the relevant period of service shall be taken to be the period ending in the retirement, dismissal or death on which the award is payable and beginning with the date on which he became a regular policeman in the force from which he retired or was dismissed or in which he died or, if he has more than once been a regular policeman in that force, the date on which he last joined that force otherwise than as a serviceman resuming service in his former force within a month of the end of his period of relevant service in the armed forces.

(2) For the purpose aforesaid the aggregate pension contributions in respect of the relevant period of service shall be taken to be the sum of the following amounts—

(a) the aggregate of the pension contributions (including additional, further or special contributions) made in respect of that period by the person concerned to the police authority by whom the award is payable and any rateable deductions made in respect of that period by that authority from his pay under the former Acts ;

(b) any additional, further or special payment by way of a lump sum made during the relevant period by that person to that police authority;

(c) the amount of any sums paid by the person concerned to the said police authority (including sums paid in pursuance of an undertaking) as a condition of being entitled to reckon pensionable service or, as the case may be, approved service, by reason of service before the said period;

(d) where the person concerned has transferred to the force of the police authority by whom the award is payable, any sum which had he retired instead of transferring would have been calculable under this paragraph as aggregate pension contributions at the time of transfer;

(e) where the person concerned, while a member of the force of the said police authority, became entitled, in the circumstances mentioned in Regulation F3(1)(d), (e) or (f), Regulation F6 or Regulation F7, to reckon pensionable service by reason of a period of previous service or employment otherwise than as a member of a police force, the amount of any award by way of return of contributions or of any analogous payment which would have been made to him at the end of that period of previous service or employment had he voluntarily retired therefrom in circumstances entitling him to such an award or payment under the superannuation arrangements applicable thereto, and

(f) where the person concerned previously retired with an ill-health pension from the force of the police authority by whom the current award is payable, that pension was terminated in whole or in part under Regulation K1 or any corresponding provision of the former Regulations and he rejoined the force, any sum which would have been calculable under this paragraph as aggregate pension contributions at the time of the previous retirement.

(3) The references in paragraph (2)(a) and (b) to additional, further or special contributions or payments are references to such contributions or payments made in pursuance of an election under any of the provisions mentioned in Regulation 57(2), under Regulation 58 or under Regulation 61A of the Regulations of 1973 subject, however, to Regulations F4(3) and F5(2)(c) ( previous service reckonable on payment or at discretion of police authority ).

A11 Injury received in the execution of duty

(1) A reference in these Regulations to an injury received in the execution of duty by a member of a police force means an injury received in the execution of that person’s duty as a constable and, where the person concerned is an auxiliary policeman, during a period of active service as such.

(2) For the purposes of these Regulations an injury shall be treated as received by a person in the execution of his duty as a constable if—

(a) the member concerned received the injury while on duty or while on a journey necessary to enable him to report for duty or return home after duty, or

(b) he would not have received the injury had he not been known to be a constable, or

(c) the police authority are of the opinion that the preceding condition may be satisfied and that the injury should be treated as one received as aforesaid.

(3) In the case of a person who is not a constable but is within the definition of “member of a police force” in the glossary set out in Schedule A by reason of his being an officer there mentioned, paragraphs (1) and (2) shall have effect as if the references therein to a constable were references to such an officer.

(4) For the purposes of these Regulations an injury shall be treated as received without the default of the member concerned unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.

(5) Notwithstanding anything in these Regulations relating to a period of service in the armed forces, an injury received in the execution of duty as a member of the armed forces shall not be deemed to be an injury received in the execution of duty as a member of a police force.

(6) In the case of a regular policeman who has served as a police cadet in relation to whom the Police Cadets (Pensions) Regulations had taken effect, a qualifying injury within the meaning of those Regulations shall be treated for the purposes of these Regulations as if it had been received by him as mentioned in paragraph (1); and, where such a qualifying injury is so treated, any reference to duties in Regulation C3(1) ( widow’s augmented award ) shall be construed as including a reference to duties as a police cadet.

In this paragraph the reference to the Police Cadets (Pensions) Regulations is a reference to the Regulations from time to time in force under section 35 of the Police Act 1964 , as extended by section 13 of the Superannuation (Miscellaneous Provisions) Act 1967 , or under section 27 of the Police (Scotland) Act 1967 , read with the said section 13.

A12 Disablement

(1) A reference in these Regulations to a person being permanently disabled is to be taken as a reference to that person being disabled at the time when the question arises for decision and to that disablement being at that time likely to be permanent.

(2) Subject to paragraph (3), disablement means inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a male or female member of the force, as the case may be, except that, in relation to a child or the widower of a member of a police force, it means inability, occasioned as aforesaid, to earn a living.

(3) Where it is necessary to determine the degree of a person’s disablement it shall be determined by reference to the degree to which his earning capacity has been affected as a result of an injury received without his own default in the execution of his duty as a member of a police force:

Provided that a person shall be deemed to be totally disabled if, as a result of such an injury, he is receiving treatment as an in-patient at a hospital.

(4) Where a person has retired before becoming disabled and the date on which he becomes disabled cannot be ascertained, it shall be taken to be the date on which the claim that he is disabled is first made known to the police authority.

A13 Disablement, death or treatment in hospital the result of an injury

For the purposes of these Regulations disablement or death or treatment at a hospital shall be deemed to be the result of an injury if the injury has caused or substantially contributed to the disablement or death or the condition for which treatment is being received.

A14 Relevant service in the armed forces

A reference in these Regulations to relevant service in the armed forces shall be construed as a reference to—

(a) service specified in Schedule 1 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 , other than service specified in paragraph 5(b) thereof;

(b) part-time service under the National Service Act 1948 , otherwise than pursuant to a training notice under that Act;

(c) service for the purposes of training only performed by a person mentioned in paragraph 7 of Schedule 1 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, for a period shorter than 7 days;

(d) in relation to a serviceman other than a serviceman (1939–1945), whole-time service in the armed forces under the National Service Acts 1939 to 1946 , the National Service Act 1947 or, without prejudice to sub-paragraph (a), the National Service Act 1948;

(e) in relation to a serviceman (1939–1945), service in the armed forces up to such date as the Secretary of State on the application of the police authority of his former force may in his case have fixed.

A15 Alterations in police areas

(1) Where a police area is or has been combined with another police area, the police force, police authority and police fund for the combined police area of which the first-named area for the time being forms part shall, for the purposes of these Regulations, be deemed to be the same force, authority and fund as the force, authority and fund for the first-named area.

(2) Where a police area is or has been divided, in relation to any person—

(a) who is transferred by the instrument effecting the division from the force for the divided area to another force, the other force and the police authority and police fund for the area thereof shall, for the purposes of these Regulations, be deemed to be the same force, authority and fund as the force, authority and fund for the divided area;

(b) who ceased to be a member of the force for the divided area before the division thereof, if the instrument effecting the division makes provision in that behalf, the force, authority and fund designated for the purpose thereby shall, for the purposes of these Regulations, be deemed to be the same force, authority and fund as the force, authority and fund for the divided area.

(3) In this Regulation—

(a) a reference to the combination or division of a police area includes a reference to an agreement under section 14 of the County Police Act 1840 or, as the case may be, the termination of such an agreement, and a reference to the force, authority or fund for a combined area shall be construed accordingly;

(b) a reference to the division of a police area includes a reference to the transfer of part of a police area, on or after 1st April 1966, on the date on which an order affecting the area, made under section 140 of the Local Government Act 1933 or under Part II of the Local Government Act 1958 , comes into force, and

(c) a reference to the combination of a police area with another police area includes a reference to the inclusion of a police area in a county or county borough police area, on or after 1st April 1968, on a date on which an order affecting the area, made under Part II of the Local Government Act 1958, comes into force and, in such case, a reference to the combined police area shall be construed as a reference to the county or, as the case may be, the county borough police area.

(4) In its application to Scotland, this Regulation shall have effect as if—

(a) any reference to a police fund were omitted;

(b) any reference to the police authority for a combined area or to a combined authority were a reference to the joint police committee for a combined area; and

(c) the reference to section 14 of the County Police Act 1840 were a reference to section 61 of the Police (Scotland) Act 1857 .

A16 Transfers

A reference in these Regulations to a regular policeman transferring from one force to another shall be construed as a reference to a regular policeman—

(a) leaving a home police force for the purpose of joining another home police force as a regular policeman and joining that other force in that capacity, where—

(i) not being the chief officer of police of, or a constable on probation in, the force first mentioned in this sub-paragraph, he leaves or left that force on or after 1st January 1963 for the purpose aforesaid, after giving a month’s notice in writing of his intention to do so to the police authority of that force or such shorter period of notice as may have been accepted by that authority on or after 15th February 1971, or

(ii) he left the said force before 1st January 1963 or, being the chief officer of police of, or a constable on probation in, the said force, he leaves or left that force on or after that date, in either case for the purpose aforesaid and with the written consent of the chief officer of police or, in the case of the chief officer of police, of the police authority of that force;

(b) leaving a home police force with the consent of the Secretary of State and with the written consent of the chief officer of police of that force acting with the consent of the police authority or, if he is the chief officer of police of that force, of the police authority, for the purpose of engaging for a tour of overseas service as a reversionary member of a home police force and engaging in such a tour of service;

(c) transferring or being transferred from one overseas corps to another;

(d) exercising his right of reversion to a home police force, under section 2(1) of the Police (Overseas Service) Act 1945 , at the end of a tour of overseas service; or

(e) at the end of a tour of overseas service joining another home police force as a regular policeman subject, in the cases hereinafter mentioned, to his doing so with the consent so mentioned, namely—

(i) in the case of a person who was, at the time he left the home police force to which he had the right of reversion referred to in sub-paragraph (d), the chief officer of that force, the written consent of the police authority of that force;

(ii) in the case of any other person whose tour of overseas service ended before 15th February 1971, the written consent of the chief officer of police of the home police force to which he had such right of reversion, acting with the consent of the police authority of that force.

A17 Retirement

(1) A reference in these Regulations to retirement includes a reference to the services of a member of a police force being dispensed with under regulations for the time being in force under section 33 of the Police Act 1964 or section 26 of the Police (Scotland) Act 1967 (other than regulations relating to the maintenance of discipline), to an auxiliary policeman ceasing to be called up for active service and to the termination of a tour of overseas service otherwise than by dismissal or transfer, but does not include a reference to leaving a force on transferring from one force to another, or on joining the Royal Ulster Constabulary with such consent as is mentioned in paragraph (2) and a reference to a continuous period of service is a reference to a period of service uninterrupted by any such retirement.

(2) The consent referred to in paragraph (1) is—

(a) in the case of a member of a police force who left his force before 17th December 1969 or was a chief officer of police, an assistant chief constable or a deputy chief constable and left his force on or after that date, the consent of the police authority;

(b) in any other case, the consent of the chief officer of police acting with the consent of the police authority.

(3) If a regular policeman is dismissed but is entitled to an ordinary pension by virtue of Regulation B1(6), these Regulations shall apply in his case as if he had retired as mentioned in Regulation B1(6)(b).

A18 Compulsory retirement on account of age

(1) Subject to paragraph (2), every regular policeman—

(a) who is not a member of the metropolitan police or an overseas policeman shall be required to retire—

(i) if he is the commissioner or assistant commissioner of police for the City of London or is a chief constable, deputy chief constable or assistant chief constable, on attaining the age of 65 years,

(ii) if he is a superintendent or inspector, on attaining the age of 60 years,

(iii) if he is a sergeant or constable, on attaining the age of 55 years;

(b) who is a member of the metropolitan police shall be required to retire—

(i) if he is an assistant commissioner, on attaining the age of 60 years,

(ii) if he is a deputy assistant commissioner or commander, on attaining the age of 57 years,

(iii) if he holds any lower rank, on attaining the age of 55 years.

(2) The time at which, under paragraph (1), a person shall be required to retire may be postponed, if the person concerned holds a rank above that of superintendent, by the police authority, and, if he holds the rank of superintendent or any lower rank, by the chief officer of police:

Provided that no such postponement or postponements shall extend beyond 5 years from the time at which, under paragraph (1), he would have been required to retire.

(3) Paragraph (1) has effect subject to paragraphs 5(2) and 6(3) of Part VII of Schedule J.

A19 Compulsory retirement on grounds of efficiency of the force

(1) This Regulation shall apply to a regular policeman, other than a chief officer of police, deputy chief constable or assistant chief constable, who if required to retire would be entitled to receive a pension of an amount not less than 2 thirds of his average pensionable pay or would be entitled to receive a pension of such an amount if it did not fall to be reduced in accordance with Part VIII of Schedule B ( reduction of pension related to up-rating of widow’s pension ).

(2) If a police authority determine that the retention in the force of a regular policeman to whom this Regulation applies would not be in the general interests of efficiency, he may be required to retire on such date as the police authority determine.

A20 Compulsory retirement on grounds of disablement

Every regular policeman may be required to retire on the date on which the police authority determine that he ought to retire on the ground that he is permanently disabled for the performance of his duty:

Provided that a retirement under this Regulation shall be void if, after the said date, on an appeal against the medical opinion on which the police authority acted in determining that he ought to retire, the medical referee decides that the appellant is not permanently disabled.

A21 Effective date of retirement

(1) For the purposes of these Regulations—

(a) a member of a police force shall be taken to retire or cease to serve immediately following his last day of service;

(b) a member of a police force required to retire under Regulation A18, A19 or A20 shall be deemed to retire on the date on which he is so required to retire and his last day of service shall be the immediately preceding day;

(c) a continuous period of active service as an auxiliary policeman or a tour of overseas service shall be taken to end immediately following the last day of service of the person concerned.

(2) The references in paragraph (1) to a person’s last day of service are references to his last such day during the relevant period of service or, as the case may be, tour of overseas service.

B1 Policeman’s ordinary pension

(1) Subject to paragraphs (2), (4) and (6), this Regulation shall apply to a regular policeman who retires or has retired when entitled to reckon at least 25 years' pensionable service unless Regulation B3 (policeman’s ill-health award) applies in his case.

(2) Except in the circumstances mentioned in paragraph (3), this Regulation shall not apply to a regular policeman where—

(a) he retires or retired without having given to the police authority a month’s written notice of his intention to retire or such shorter notice as may have been accepted by the police authority, or

(b) being a chief officer of police, assistant commissioner of police of the metropolis, assistant commissioner of police for the City of London, deputy chief constable, assistant chief constable, commander, or deputy assistant commissioner in the metropolitan police force, he retires or retired before attaining the age of 60 years.

(3) The circumstances referred to in paragraph (2) are that—

(a) the police authority have decided that this Regulation should apply in his case, or

(b) being such a regular policeman as is mentioned in paragraph (2)(b), he retires or retired on or after attaining the age of 55 years having given to the police authority 3 months' written notice of his intention to retire, or

(c) he is or was required to retire on account of age, or on the ground that his retention in the force would not be in the general interests of efficiency, or as an alternative to dismissal, or

(d) he is or was required to retire under section 5(4) of the Police Act 1964 or section 4(4)(d) of the Police (Scotland) Act 1967 .

(4) This Regulation shall not apply to an overseas policeman or central police officer who retires or retired before the completion of the tour of overseas service or, as the case may be, of central service (if any) applicable in his case.

(5) Subject to the provisions of these Regulations, a regular policeman to whom this Regulation applies shall be entitled to an ordinary pension of an amount calculated in accordance with Part I of Schedule B, subject however to Parts VII and VIII of that Schedule; but, in the case of a person entitled to reckon less than 30 years' pensionable service, no payments shall be made on account of the pension in respect of the period (if any) after his retirement and before he has attained the age of 50 years or, if he sooner becomes permanently disabled, before he becomes so disabled.

(6) If a regular policeman entitled to reckon at least 25 years' pensionable service—

(a) is dismissed otherwise than for a cause for which, if a pension were granted to him, it could be forfeited under Regulation K5, and

(b) would have been entitled to an ordinary pension if he had retired on the date his dismissal took effect, having given such notice to the police authority of his intention to retire as is mentioned in paragraph (2)(a) or (3)(b),

this regulation shall apply to him and, accordingly, he shall be entitled to an ordinary pension under paragraph (5).

(7) Paragraphs (2), (3) and (5) have effect subject to paragraphs 1, 2 and 3 of Part I, and paragraphs 5(2) and (4) and 6(2) of Part VII, of Schedule J.

B2 Policeman’s short service award

(1) This Regulation shall apply to a regular policeman who retires or has retired when entitled to reckon less than 25 years' pensionable service and who—

(a) is or was required to retire on account of age;

(b) being a reversionary member of a home police force, in pursuance of a notice in that behalf given to the Secretary of State and having attained the age of 60 years, retires or retired on the termination of the tour of overseas service (if any) applicable in his case, or

(c) is or was required to retire under section 5(4) of the Police Act 1964 or section 4(4)(d) of the Police (Scotland) Act 1967.

(2) A regular policeman to whom this Regulation applies shall be entitled to a short service award as hereinafter provided.

(3) In the case of a policeman entitled at the time of his retirement to reckon at least 5 years' pensionable service, the award under paragraph (2) shall be a short service pension calculated in accordance with Part II of Schedule B, subject however to Parts VII and VIII of that Schedule.

(4) In the case of any other policeman, the award under paragraph (2) shall be a short service gratuity calculated in accordance with Part IV of Schedule B.

(5) Paragraph (1) has effect subject to paragraphs 5(3) and 6(2) of Part VII of Schedule J.

B3 Policeman’s ill-health award

(1) This Regulation shall apply to a regular policeman who retires or has retired on the ground that he is or was permanently disabled.

(2) A regular policeman to whom this Regulation applies shall be entitled to an ill-health award as hereinafter provided.

(3) In the case of a policeman who is or was at the time of his retirement—

(a) entitled to reckon at least 5 years' pensionable service, or

(b) disabled as the result of an injury received in the execution of duty,

the award under paragraph (2) shall be an ill-health pension calculated in accordance with Part III of Schedule B, subject however to Parts VII and VIII of that Schedule.

(4) In the case of any other policeman the award under paragraph (2) shall be an ill-health gratuity calculated in accordance with Part IV of Schedule B.

B4 Policeman’s injury award

(1) This Regulation shall apply to a person who ceases or has ceased to be a member of a police force and is permanently disabled as a result of an injury received without his own default in the execution of his duty (in Part V of Schedule B referred to as the “relevant injury”).

(2) A person to whom this Regulation applies shall be entitled to a gratuity and, in addition, to an injury pension, in both cases calculated in accordance with Part V of Schedule B; but payment of an injury pension shall be subject to the provisions of paragraph 5 of the said Part V and, where the person concerned ceased to serve before becoming disabled, no payment shall be made on account of the pension in respect of any period before he became disabled.

B5 Policeman’s deferred pension

(1) This Regulation shall apply to a regular policeman who—

(a) is entitled to reckon at least 5 years' pensionable service, or

(b) though not so entitled, has service as a regular policeman which, disregarding breaks in service of not more than a month, is continuous and which, when aggregated with any period of other service or employment by reason of which he is entitled to reckon pensionable service, is at least 5 years.

(2) A regular policeman to whom this Regulation applies who ceases or has ceased to be such in circumstances—

(a) in which no transfer value is payable in respect of him, and

(b) which do not entitle him to any award under any of the preceding provisions of this Part,

shall, on so ceasing to be a regular policeman, be entitled to a deferred pension as hereinafter provided.

(3) Where the unsecured portion of the ill-health pension of a regular policeman to whom this Regulation applies—

(a) is terminated under Regulation K1(4), or

(b) has been terminated on or after 1st April 1973 under Regulation 65(4) of the Regulations of 1973,

otherwise than on his rejoining his force he shall, as from the date of termination, be entitled to a deferred pension as hereinafter provided.

(4) A deferred pension under paragraph (2) or (3) shall be calculated in accordance with Part VI of Schedule B, subject however to Parts VII and VIII of that Schedule; but no payment shall be made on account of the pension—

(a) in respect of the period before the regular policeman attains the age of 60 years or, if he sooner becomes permanently disabled, before he becomes so disabled, or

(b) where he has relinquished his entitlement as mentioned in Regulation F4(3) or F5(3) ( previous service reckonable on payment or at discretion of police authority ), by written notice to the police authority, in respect of any period after the giving of that notice.

(5) This Regulation has effect subject to paragraph 8 of Part I of Schedule J.

B6 Award by way of repayment of aggregate pension contributions

(1) This Regulation shall apply to a regular policeman who ceases to serve as such in circumstances—

(a) in which no transfer value is payable in respect of him, and

(b) which do not entitle him to an award under any of the preceding provisions of this Part or to an award under Regulation J1 or paragraph 9 of Part I of Schedule J.

(2) A regular policeman to whom this Regulation applies shall be entitled to an award by way of repayment of his aggregate pension contributions in respect of his relevant period of service.

B7 Commutation—general provision

(1) This Regulation shall apply to an ordinary, short service, ill-health or deferred pension under this Part, but in relation to—

(a) a deferred pension, or

(b) an ordinary pension which is not payable as from the date of the policeman’s retirement,

paragraphs (5), (6) and (7) shall have effect as if any reference therein to retirement or the date thereof were a reference to the coming into payment of the pension or the date thereof.

(2) A regular policeman may, subject to and in accordance with this Regulation, commute for a lump sum a portion of any pension to which this Regulation applies to which he is or may become entitled.

(3) For the purpose of commuting a portion of his pension in accordance with this Regulation a person shall give notice in writing to the police authority (“notice of commutation”) of his wish to surrender and commute for a lump sum so much of his pension as, subject to the limitations contained in paragraph (4) and in Regulation B10, he may specify (“the surrendered portion”).

(4) The surrendered portion shall be such that—

(a) the basic rate of the pension does not fall to be reduced in accordance with this Regulation by more than a quarter and, for the purposes hereof, that rate shall be taken to be the rate at which the pension would be payable not only if it did not fall to be so reduced but also disregarding any reduction—

(i) in accordance with Regulation B9 ( allocation ),

(ii) in accordance with Part VII of Schedule B ( reduction of pension at state pensionable age ),

(iii) as provided in paragraph 6(1) of Part VIII of Schedule B ( reduction of pension equivalent to outstanding additional or further contributions ), in accordance therewith, and

(b) in the case of a regular policeman who retires or retired with an ordinary pension when entitled to reckon less than 30 years' pensionable service otherwise than in the circumstances mentioned in sub-paragraph (a) or (c) of Regulation B2(1), the lump sum calculated in accordance with paragraph (7) (disregarding any reduction in accordance with the proviso thereto) does not exceed an amount equal to 2¼ times the annual amount of his pension calculated in accordance with Part I of Schedule B (disregarding any reduction therein under paragraph (7) of this Regulation or any other provision of these Regulations):

Provided that, where a person wishes to surrender and commute for a lump sum a portion of a pension which falls to be reduced under paragraph (8)(b), the portion which, in accordance with the preceding provisions of this paragraph, may be surrendered shall be reduced by the reduction under paragraph (8)(b) expressed in like manner.

(5) The notice of commutation shall be given by a person not earlier than 4 months before his intended retirement nor later than 6 months after his retirement.

(6) The notice of commutation given by a person shall become effective—

(a) as from the date of his retirement, or

(b) as from the date on which the notice is received by the police authority,

whichever is the later:

Provided that the notice of commutation shall not become effective if—

(i) it was given more than 4 months before his retirement, or

(ii) it relates to an ill-health pension and the unsecured portion of that pension has sooner been terminated under Regulation K1.

(7) Where the person retires or has retired and a notice of commutation given by him becomes or has become effective, the police authority shall reduce the pension to which the notice relates in accordance with the notice as from the time from which the notice is effective and shall pay him a lump sum of such amount as is the actuarial equivalent of the surrendered portion of the pension at the date of his retirement, calculated from tables prepared by the Government Actuary:

Provided that where the notice is effective as from the date mentioned in paragraph (6)(b), the lump sum shall be reduced by an amount equal to the difference between the aggregate payments made in respect of the pension and the aggregate payments which would have been so made had it been reduced from the date of the retirement.

(8) Where the unsecured portion of an ill-health pension is terminated under Regulation K1 after a notice of commutation in relation to the pension has become effective—

(a) no reduction shall be made under paragraph (7) in the secured portion of the pension, insofar as it is payable under Regulation K1;

(b) if thereafter the person concerned becomes entitled to a pension, other than an injury pension, and is entitled to reckon for the purposes thereof the period of pensionable service reckonable for the purposes of the ill-health pension first mentioned in this paragraph, the unsecured portion of the other pension shall be reduced, in respect of any period, by the amount by which the ill-health pension would have been reduced under paragraph (7) if it had not been terminated as aforesaid but had been payable in respect of that period.

(9) This Regulation has effect subject to paragraphs 4 and 8(11) of Part I, and paragraphs 5(3) and 6(2) of Part VII, of Schedule J.

B8 Commutation—small pensions

(1) Where the annual amount of any pension payable under this Part to a regular policeman who has attained state pensionable age, together with any increase under the Pensions (Increase) Acts , does not exceed £104, the police authority may, at their discretion, commute the pension for a gratuity.

(2) A gratuity under this Regulation shall be of such amount as is the actuarial equivalent of the pension, calculated from tables prepared by the Government Actuary.

(3) Where the regular policeman is entitled to more than one pension, those pensions shall be treated as one for the purposes of this Regulation.

(4) This Regulation has effect subject to Regulation J1(6)(a) and paragraphs 8(11) and 9(4) of Part I of Schedule J.

B9 Allocation

(1) This Regulation shall apply to an ordinary, short service, ill-health or deferred pension under this Part.

(2) A regular policeman who is entitled to reckon not less than 25 years' pensionable service may, subject to and in accordance with this Regulation, allocate a portion of any ordinary or ill-health pension to which he is or may become entitled and, notwithstanding that he has already allocated a portion of such a pension, he may—

(a) allocate a further portion of that pension in favour of the beneficiary of a previous allocation;

(b) where that beneficiary has died, allocate a further portion of that pension in favour of some other beneficiary, or

(c) where (not having attained the age of 70 years) he proposes to marry or remarry, allocate a further portion of that pension in favour of his spouse by that marriage.

(3) A regular policeman may, subject to and in accordance with this Regulation, allocate a portion of any short service pension to which he is or may become entitled or of a deferred pension and, notwithstanding that he has already allocated a portion of such a pension, he may, where (not having attained the age of 70 years) he proposes to marry or remarry, allocate a further portion of that pension in favour of his spouse by that marriage.

(4) For the purpose of allocating a portion of his pension a policeman shall—

(a) within the time limits mentioned in paragraph (5), give notice in writing to the police authority of the force in which he is serving or by whom his pension is payable (“notice of allocation”) stating—

(i) his wish to surrender so much of his pension as, subject to the limitations contained in Regulation B10, he may specify,

(ii) the person in whose favour the surrender is to take effect (“the beneficiary”) being his wife or some other person who the police authority are satisfied is substantially dependent upon him,

(iii) in the case of a policeman entitled to reckon not less than 25 years' pensionable service who has not retired, whether or not he wishes the notice to become effective while he is serving, and

(b) satisfy the police authority of his good health and for that purpose submit himself to such medical examination as they may require.

(5) Notice of allocation shall be given—

(a) where in such case as is mentioned in paragraph (4)(a)(iii) the policeman wishes the notice to become effective while he is serving, before his intended retirement;

(b) where a person in receipt of a pension who has not attained the age of 70 years proposes to marry or remarry and the beneficiary is his spouse by that marriage, before but not earlier than 4 months before his intended marriage;

(c) where the pension is a deferred pension but the preceding sub-paragraph does not apply, before but not earlier than 4 months before the pension comes into payment;

(d) in any other case, before but not earlier than 4 months before the person’s intended retirement.

(6) Where a person has complied with the provisions of sub-paragraphs (a) and (b) of paragraph (4), the police authority shall forthwith send to him a written notification that they have accepted the notice of allocation, which shall become effective—

(a) in any such case as is mentioned in paragraph (5)(a) where he wishes the notice of allocation to become effective while he is serving, as from the time when the notification is received by him or, if sent by post, as from the time when it would be received by him in the ordinary course of post, except that it shall have effect as from the date of his retirement if that is earlier;

(b) in any such case as is mentioned in paragraph (5)(b), if, and only if, the proposed marriage takes place within 4 months of giving the notice of allocation and in that event as from the date of the marriage;

(c) in any such case as is mentioned in paragraph (5)(c), if, and only if, the deferred pension comes into payment within 4 months of giving the notice of allocation and in that event as from the date it comes into payment;

(d) in any other case, if, and only if, the person retires within 4 months of giving the notice of allocation and in that event as from the date of retirement.

(7) Where a person retires or has retired in circumstances entitling him to a pension to which a notice of allocation given by him relates and that notice becomes effective—

(a) that pension shall be reduced in accordance with the notice (notwithstanding the previous death of the beneficiary) as from the date from which the pension is payable or on which the notice becomes effective, whichever is the later, and

(b) the police authority shall, as from the person’s death, pay to the beneficiary specified in the notice, if that person survives him, a pension of such amount as is the actuarial equivalent of the surrendered portion of the pension.

(8) For the purposes of paragraph (7)(b) the actuarial equivalent of the surrendered portion of the pension shall be calculated from tables prepared by the Government Actuary and in force at the time when the notice of allocation became effective, which tables shall—

(a) take account of the age of the regular policeman and of the age of the beneficiary at that time, and

(b) make different provision according to whether or not the notice of allocation became effective in accordance with paragraph (6)(a), and separate calculations shall be made in respect of separate allocations.

(9) Where a person was entitled to reckon at least 25 years' pensionable service when he gave the notice of allocation and stated therein his wish that it should become effective while he was serving, then, if he dies before retiring, the police authority shall pay to the beneficiary the like pension that they would have paid by virtue of that notice if he had retired with a pension immediately before he died.

(10) Any reference in these Regulations to a widow’s pension, however expressed, shall be construed as excluding a reference to a pension payable to a widow under this Regulation.

(11) This Regulation has effect subject to paragraph 8(11) of Part I of Schedule J.

B10 Limitation of surrendered portion of a pension for the purposes of Regulation B7 or B9

The portion of a pension which a regular policeman may surrender under either Regulation B7 or Regulation B9 shall be limited as hereinafter provided, namely, it shall not be—

(a) in the case of any pension, such that the pension becomes payable at a rate less than two-thirds of the rate at which it would have been payable but for the provisions of the said Regulations and of Parts VII and VIII of Schedule B;

(b) in the case of a deferred pension, where the policeman has a guaranteed minimum in relation to the pension on the date on which it becomes payable, such that the weekly amount of the pension at that date, including any increase under the Pensions (Increase) Act 1971 , is less than that guaranteed minimum;

and the limitation contained in sub-paragraph (b) is without prejudice to that contained in sub-paragraph (a).

B11 Deduction of tax from certain awards

(1) This Regulation shall apply to any payment on account of an award made to a member of a police force during his lifetime which constitutes a repayment of contributions within the meaning of paragraph 2 of Part II of Schedule 5 to the Finance Act 1970 .

(2) The police authority may deduct from any payment to which this Regulation applies the tax for the time being chargeable thereon under paragraph 2 of the said Part II.

C1 Widow’s ordinary pension

(1) This Regulation shall apply to a widow of a regular policeman entitled to reckon at least 3 years' pensionable service—

(a) who, having retired with an ordinary, short service or ill-health pension, dies or has died while in receipt of that pension;

(b) who, having retired with both an ill-health and an injury pension, dies or has died otherwise than while in receipt of the ill-health pension but while in receipt of the injury pension;

(c) who, having retired with an ill-health gratuity, dies or has died as a result of the same injury as resulted in his disablement, or

(d) who dies or has died while serving as a regular policeman,

except that this Regulation shall not apply by virtue of sub-paragraph (c) to the widow of a regular policeman in respect of whom a transfer value was, or was required to be, paid, following his retirement, in pursuance of Regulation F9 ( interchange arrangements ).

(2) A widow to whom this Regulation applies shall be entitled to an ordinary pension calculated in accordance with Part I of Schedule C subject, however, to Regulation E8 ( increase during first 13 weeks ).

(3) Paragraph (1) has effect subject to paragraph 1 of Part II of Schedule J.

C2 Widow’s special award

(1) This Regulation shall apply to a widow of a member of a police force who dies or has died as the result of an injury received without his own default in the execution of his duty.

(2) A widow to whom this Regulation applies shall be entitled to an award which shall comprise—

(a) a widow’s special pension calculated in accordance with Part II of Schedule C subject, however, to Regulation E8 ( increase during first 13 weeks ), and

(b) subject to paragraphs (3) and (4), a gratuity of an amount equal to 25% of her husband’s average pensionable pay together with, where he died while serving as a member of a police force, an amount equal to whichever is the greater of the following amounts—

(i) her husband’s average pensionable pay,

(ii) 2¼ times the annual amount of the ill-health pension which would have been payable under Regulation B3 to her husband had he retired on the ground that he was permanently disabled on the day on which he died.

(3) Where the husband was entitled to an injury gratuity under Regulation B4 then—

(a) if it equalled, or exceeded, the gratuity under paragraph (2)(b), the gratuity under paragraph (2)(b) shall not be payable, and

(b) in any other case, the gratuity under paragraph (2)(b) shall be reduced by the amount of the husband’s gratuity.

(4) The amount of a widow’s gratuity determined in accordance with the preceding provisions of this Regulation shall be increased in accordance with Regulation E9 ( increase by reference to the Pensions (Increase) Acts ).

(5) Paragraph (2)(b) has effect subject to paragraph 6 of Part II of Schedule J.

C3 Widow’s augmented award

(1) This Regulation shall apply to a widow of a member of a police force whose death is the result of an injury received without his own default in the execution of his duty where one of the following conditions is satisfied, namely that—

(a) he was attacked by a person or persons in a manner which was intrinsically likely to cause death and death ensued as a result ofthe attack, or

(b) the injury was received in the course of duties performed for the immediate purpose of effecting an arrest or of preventing an escape or rescue from legal custody, or

(c) the injury was received in the course of duties performed—

(i) for the immediate purpose of saving the life of another person or of preventing loss of human life, and

(ii) in circumstances in which there was an intrinsic likelihood of his receiving a fatal injury, or

(d) the police authority are of the opinion that one of the preceding conditions may be satisfied and that this Regulation should apply, or

(e) the police authority are of the opinion that the injury was received otherwise than as aforesaid but in the course of duties performed in such circumstances that it would be inequitable if there were not payable in respect of him such an award as would have been payable had one of the conditions specified in sub-paragraphs (a), (b) and (c) been satisfied.

(2) An award under Regulation C2(2) to a widow to whom this Regulation applies shall comprise—

(a) a widow’s special pension calculated as provided in Regulation C2(2)(a) but as if for the reference in paragraph 1 of Part II of Schedule C to 45% of the husband’s average pensionable pay for a week there were substituted a reference to 50% thereof, and

(b) a gratuity of an amount equal to twice the annual pensionable pay, at the date of her husband’s death, of a man—

(i) holding the rank of constable in the metropolitan police force, and

(ii) entitled to reckon 30 years' service for the purposes of pay,

and the provisions of Regulation C2(2)(b), (3) and (4) shall not apply except that where those provisions are more favourable in her case the gratuity shall be of an amount determined in accordance therewith.

C4 Widow’s accrued pension

(1) This Regulation shall apply to a widow of a regular policeman who dies or has died while entitled to a deferred pension, whether or not that pension has or had come into payment.

(2) For the purposes of paragraph (1) a policeman shall be treated as entitled to a deferred pension if he would have been so entitled but for its commutation for a lump sum under Regulation B8.

(3) A widow to whom this Regulation applies shall be entitled to an accrued pension calculated in accordance with Part III of Schedule C subject, however, to Regulation E8 ( increase during first 13 weeks ).

C5 Limitation on award to widow with reference to date of marriage and pension in case of post-retirement marriage

(1) A widow shall not be entitled to a widow’s ordinary or accrued pension under Regulation C1 or C4 unless she was married to her husband during a period before he last ceased to be a regular policeman.

(2) A widow shall not be entitled to a widow’s special award under Regulation C2 unless she was married to her husband during a period—

(a) before he last ceased to be a regular policeman, if he received the injury while serving as a regular policeman;

(b) before the end of the continuous period of service during which he received the injury, in any other case.

(3) A widow of a regular policeman who, but for paragraph (1) or (2)(a), would be entitled to an award under Regulation C1, C2 or C4 shall, instead, be entitled to a pension calculated in accordance with Part IV of Schedule C subject, however, to Regulation E8 ( increase during first 13 weeks ).

C6 Widow’s requisite benefit and temporary pension

(1) This Regulation shall apply to a widow of a regular policeman not mentioned in Regulation C1(1), C2(1) or C4(1) where, after the beginning of the tax year in which he attained or would have attained state pensionable age, the husband either—

(a) has died while serving as a regular policeman, or

(b) has ceased to serve as such.

(2) A widow to whom this Regulation applies shall be entitled to an award which, subject to paragraph (3), shall comprise—

(a) if the husband died while serving as a regular policeman or in receipt of a pension, a temporary pension in respect of the first 13 weeks following his death of such amount in respect of each such week as, when aggregated with that of any children’s allowances payable in respect of the husband’s death, is of the like weekly amount as was his pensionable pay or, as the case may be, as was his pension, together with any increase therein, immediately before he died, under the Pensions (Increase) Acts;

(b) where such a temporary pension is not payable, or after the 13 weeks for which it is payable, a widow’s requisite benefit pension calculated in accordance with Part V of Schedule C;

and, for the purposes of sub-paragraph (a), where the husband died while in receipt of both an ordinary, short service or ill-health pension and an injury pension, the reference therein to the weekly amount of his pension shall be construed as a reference to the aggregate weekly amount of those pensions.

(3) If the capitalised value of the pension payable under paragraph (2)(b) to a widow whose husband died while serving as a regular policeman, as calculated by the Government Actuary, is less than the husband’s average pensionable pay, the widow shall also be entitled to a gratuity equal to the amount by which that capitalised value falls short of the husband’s average pensionable pay.

(4) For the purposes of paragraph (2)(a)—

(a) the provisions of Regulation A8 shall be disregarded, and, accordingly, a person shall not by virtue thereof be treated as in receipt of an injury pension, but

(b) he shall be treated as in receipt of an injury pension if he would have been in receipt of such a pension but for his entitlement to additional benefit within the meaning of paragraph 4 of Part V of Schedule B and, where he is, or is so treated as being, in receipt of such a pension, the provisions of the said paragraph 4 shall be disregarded in determining the weekly amount of that pension.

C7 Widow’s award where no other award payable

(1) This Regulation shall apply to a widow of a member of a police force to whom neither Regulation C1, C2 nor C6 applies where the husband has died while serving as a member of a police force or, in the case of an auxiliary policeman, while called up for service as such.

(2) A widow to whom this Regulation applies shall be entitled to an award which shall comprise—

(a) in respect of the first 13 weeks following the husband’s death, a temporary pension of such amount as secures that, in respect of each such week, the aggregate amount of the payment under this sub-paragraph and of any children’s allowances payable in respect of the husband’s death is of the like amount as his pensionable pay for a week immediately before he died, and

(b) an ordinary gratuity of an amount equal to the husband’s average pensionable pay.

C8 Limitation on award to widow living apart from her husband and widow’s requisite benefit pension

(1) A widow shall not be entitled to an award under any of the preceding provisions of this Part if, at the time of her husband’s death—

(a) she was separated from him by an order or decree of a competent court, and

(b) he was not required by an order or decree of a competent court to contribute to her support and was not in fact regularly contributing to her support;

and, for the purposes hereof, contributions to a woman for the support of her child shall be treated as contributions for her support.

(2) A widow of a member of a police force who, but for paragraph (1), would be entitled to an award under any of the preceding provisions of this Part shall, instead, be entitled to a widow’s requisite benefit pension calculated in accordance with Part V of Schedule C.

C9 Termination of widow’s award on remarriage

(1) Where a widow entitled to a pension under this Part remarries or has remarried, she shall not be entitled to receive any payment on account of the pension in respect of any period after her remarriage:

Provided that if at any time after her remarriage she has again become a widow or that marriage has been dissolved, the police authority may, in their discretion, bring the pension into payment.

(2) Where a widow entitled to a gratuity under this Part remarries or has remarried, so much of the gratuity as has not been paid before her remarriage shall not be payable thereafter:

Provided that if at any time after her remarriage she has again become a widow or that marriage has been dissolved, the police authority may, in their discretion, pay to her the sums which they were actually or contingently liable to pay to her in respect of the gratuity immediately before her remarriage.

(3) Where, after her husband’s death, a woman and a man to whom she is not married are living together as husband and wife, this Regulation shall apply as if for the period for which they so live together she were married to him and any reference therein to her remarriage, her again becoming a widow or the marriage being dissolved shall be construed accordingly.

D1 Child’s ordinary allowance

(1) This Regulation shall apply to a child of a regular policeman—

(a) who, having retired with an ordinary, short service or ill-health pension, dies or has died while in receipt of that pension;

(b) who, having retired with both an ill-health and an injury pension, dies or has died otherwise than while in receipt of the ill-health pension but while in receipt of the injury pension;

(c) who dies or has died having retired with a gratuity when entitled to reckon at least 3 years' pensionable service, or

(d) who dies or has died while serving as a regular policeman,

except that this Regulation shall not apply by virtue of sub-paragraph (c) to the child of a regular policeman in respect of whom a transfer value was, or was required to be, paid following his retirement, in pursuance of Regulation F9.

(2) Subject to Regulations D5 ( limitations ) and E8 ( increase during first 13 weeks ), a child to whom this Regulation applies shall be entitled to an ordinary allowance calculated in accordance with Part I of Schedule D.

(3) Paragraph (1) has effect subject to paragraph 1(2) of Part III of Schedule J.

D2 Child’s special allowance

(1) This Regulation shall apply to a child of a member of a police force who dies or has died as the result of an injury received without his own default in the execution of his duty.

(2) Subject to Regulations D5 ( limitations ) and E8 ( increase during first 13 weeks ), a child to whom this Regulation applies shall be entitled to a special allowance calculated in accordance with Part II of Schedule D.

D3 Child’s special gratuity

(1) This Regulation shall apply to a child of a member of a police force who dies or has died as the result of an injury received without his own default in the execution of his duty where one of the conditions set out in Regulation C3(1) is satisfied and—

(a) in the case of a man, does not leave a widow entitled to a gratuity in pursuance of Regulations C2 and C3, or

(b) in the case of a woman, was the child’s only surviving parent.

(2) Subject to Regulation D5 ( limitations ) but without prejudice to the provisions of Regulation D2 ( child’s special allowance ), a child to whom this Regulation applies shall be entitled to a gratuity as hereinafter provided.

(3) The gratuity under paragraph (2) shall be of the amount mentioned in paragraph (4) except that, where two or more such gratuities are payable in respect of the same person, each gratuity shall be of the said amount divided by the number of such gratuities.

(4) The said amount shall be of an amount equal to twice the annual pensionable pay, at the date of that parent’s death, of a man—

(a) holding the rank of constable in the metropolitan police force, and

(b) entitled to reckon 30 years' service for the purposes of pay.

D4 Child’s accrued allowance

(1) This Regulation shall apply to a child of a regular policeman who dies while entitled to a deferred pension, whether or not that pension has come into payment.

(2) Subject to Regulations D5 ( limitations ) and E8 ( increase during first 13 weeks ), a child to whom this Regulation applies shall be entitled to an accrued allowance calculated in accordance with Part III of Schedule D.

D5 Child’s allowance or special gratuity—limitations

(1) A child’s allowance or gratuity under any of the preceding provisions of this Part (“an allowance” and “a special gratuity”) shall not be granted—

(a) to a child born on or after the relevant date specified in paragraph (2) otherwise than of a marriage which took place before the relevant date;

(b) by reason of his being a step-child, to the child of a spouse whose marriage to the relevant parent took place on or after the relevant date;

(c) by reason of his being substantially dependent on the relevant parent, to a child who was not so dependent before the relevant date;

(d) by reason of his being an adopted child, to a child adopted on or after the relevant date;

(e) except in the case of a legitimate or adopted child of the relevant parent, to a child who was not substantially dependent on that parent at the time of his death.

(2) For the purposes of paragraph (1) the relevant date—

(a) in the case of an ordinary or accrued allowance, is the date on which the relevant parent last ceased to be a regular policeman;

(b) in the case of a special allowance or a special gratuity—

(i) if the relevant parent received the injury while serving as a regular policeman, is the date on which he last ceased to be a regular policeman,

(ii) if he received the injury while called up for service as an auxiliary policeman, is the date of the end of the continuous period of active service during which he received the injury,

(iii) if he received the injury while serving as a member of an overseas corps otherwise than as a regular policeman, is the date of the end of the tour of overseas service during which he received the injury.

(3) In the case of a child who has attained the age of 16 years but not that of 17 years, an allowance shall not be payable in respect of any period for which he is in full-time employment unless that employment constitutes full-time training, of at least a year’s duration, for a trade, profession or calling.

(4) In the case of a child who has attained the age of 17 years but not that of 19 years, an allowance shall only be payable in respect of a period throughout which he satisfies one of the conditions set out in paragraph (8).

(5) Without prejudice to paragraph (1), in the case of a child who has attained the age of 19 years, an allowance shall not be payable (and, where he attained that age before the date of the relevant parent’s death, shall not be granted) unless—

(a) he satisfies one of the conditions set out in paragraph (8), and

(b) in the case of condition (a), also satisfied that condition immediately before he attained the age of 19 years and throughout the entire period thereafter,

except that the payment (or granting) of an allowance shall not be precluded by reason only of sub-paragraph (b) if the police authority, having regard to all the circumstances of the case, in their discretion so decide.

(6) Without prejudice to paragraphs (3), (4) and (5), in the case of a child entitled to an allowance who is—

(a) in full-time training for a trade, profession or calling, and

(b) in receipt of remuneration in respect thereof,

and in the case of any other child entitled to an allowance in respect of the death of the same person, Part IV of Schedule D shall have effect in relation to their allowances.

(7) A special gratuity shall not be granted to a child who attained the age of 17 years before the date of the relevant parent’s death unless at that date he satisfied one of the conditions set out in paragraph (8) (disregarding conditions (b)(ii) and (iii)).

(8) The conditions referred to in paragraphs (4), (5) and (7) are that the child—

(a) is or was undergoing full-time education or in full-time training of at least a year’s duration for a trade, profession or calling, or

(b) is or was permanently disabled and either—

(i) was both so disabled and substantially dependent on the relevant parent at the time of his death,

(ii) became so disabled while in receipt of an allowance, or

(iii) the police authority, having regard to all the circumstances of the case, in their discretion decide to pay (or grant) an allowance to him.

(9) Any reference in this Regulation to the relevant parent is a reference to the parent in respect of whose death the allowance orspecial gratuity is or, but for the provisions thereof, would be payable.

(10) This Regulation has effect subject to paragraph 5 of Part III of Schedule J.

E1 Adult dependent relative’s special pension

(1) This Regulation shall apply in the case of a member of a police force who dies as the result of an injury received without his own default in the execution of his duty and, in such case, shall apply—

(a) to a parent or (without prejudice to the following sub-paragraph) to a brother or sister of the member who had attained the age of 19 years before the member’s death;

(b) subject to his having attained the age of 19 years, to any child of the member whether or not he had attained that age before the member’s death, or

(c) where the member was a married woman whose husband was permanently disabled at the time she died, to her widower,

subject, in each case, to the person in question being substantially dependent on the member immediately before the member’s death.

(2) If the police authority, having regard to all the circumstances of the case, so determine, they may grant a special pension to any such dependent relative.

(3) A dependent relative’s special pension shall be calculated in accordance with Part I of Schedule E and, subject to paragraph 4 thereof, shall be payable for such period or periods as the police authority may, in their discretion, from time to time determine.

E2 Gratuities—dependent relatives

(1) This Regulation shall apply in the case of a regular policeman—

(a) who dies while in receipt of a pension or while entitled to a deferred pension, whether or not that pension has come into payment, if death—

(i) results from an injury received in the execution of his duty, or

(ii) takes place within 2 years of his becoming entitled to his pension, or

(b) who dies while serving as such and in respect of whom no award is payable otherwise than by virtue of this or the next following Regulation or by virtue of Regulation B9(9) ( allocation ).

(2) In the case of such a regular policeman the police authority may, in their discretion, grant a gratuity to any relative of the policeman who was dependent on him to any degree at the time of his death but the aggregate amount of any gratuities granted under this Regulation shall not exceed the aggregate pension contributions in respect of the policeman’s relevant period of service.

E3 Gratuity—estate

(1) This Regulation shall apply in the case of a regular policeman—

(a) who dies while entitled to an ordinary, short service, ill-health or deferred pension, whether or not that pension has come into payment, or

(b) who dies while serving as such.

(2) If, in the case of such a regular policeman, the aggregate of—

(a) any payments made or due to him on account of his ordinary, short service, ill-health or deferred pension or by way of a lump sum under Regulation B7 where a portion of such a pension has been commuted, or on account of an injury pension, together with any increase therein under the Pensions (Increase) Acts;

(b) where he has, or is deemed to have, exercised the right of election conferred by paragraph 8 of Part I of Schedule J ( award in certain cases in lieu of deferred pension under Regulation B5 ), any payment made or due to him (or his estate) on account of the award mentioned in sub-paragraph (6)(a) of that paragraph;

(c) the capitalised value (calculated in accordance with tables prepared from time to time by the Government Actuary) of any pension or allowance granted in respect of his death (including, where he has allocated a portion of his pension under Regulation B9, any pension payable thereunder to the beneficiary of that allocation); and

(d) any gratuity granted in respect of his death otherwise than under this Regulation,

is less than his aggregate pension contributions in respect of his relevant period of service, the police authority shall pay a gratuity equal to the difference to his legal personal representative.

E4 Gratuity in lieu of widow’s pension

(1) Save as provided in paragraph (2), this Regulation shall apply to any pension under Part C (“a widow’s pension”).

(2) Where on the death of her husband before he attained state pensionable age a woman became entitled to a widow’s ordinary or special pension under Regulation C1 or C2, the police authority may, subject to Regulation E6, commute for a gratuity that part of the pension (expressed as a weekly amount) which is in excess of her guaranteed minimum pension or so much of that part as may be commuted without contravening Regulation E6:

Provided that a police authority shall not exercise their discretion under this paragraph unless—

the widow consents, and

they are satisfied that there are sufficient reasons for so doing.

(3) Where the annual amount of any widow’s pension does not exceed £104 (other than a pension which does not exceed that amount by reason of the commutation of part thereof under paragraph (2)), the police authority may, at their discretion, commute it for a gratuity.

(4) The provisions of Regulation C9 relating to the termination of a widow’s award on remarriage and certain other matters shall apply in relation to a gratuity under this Regulation as they apply in relation to a gratuity under Part C.

(5) A gratuity under this Regulation shall be calculated in accordance with Part II of Schedule E.

(6) Where a widow is entitled to more than one widow’s pension in respect of the death of the same person but, in pursuance of Regulation E7, is not entitled to receive, in respect of any particular period, payment on account of more than one of those pensions, those widow’s pensions shall be treated for the purposes of this Regulation and of Part II of Schedule E as a single widow’s pension and, where one of those pensions is a widow’s ordinary or special pension, that single pension shall be treated for the purposes of paragraph(2) as if it were a widow’s ordinary or special pension.

(7) This Regulation has effect subject to Regulation J1(6)(b) and paragraph 9 of Part II of Schedule J.