The Police Pensions (Amendment) Regulations 1991

• Citation: S.I. 1991/1517
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Police Pensions (Amendment) Regulations 1991 and shall come into force on 1st August 1991 but have effect as from 6th April 1988.

(2) In these Regulations “the principal Regulations ” means the Police Pensions Regulations 1987 and “the 1990 Regulations ” means the Police Pensions (Amendment) Regulations 1990 .

Section 2 Amendment of principal Regulations

Section 2 of Part IV of Schedule F to the principal Regulations (calculation of reckonable service by reference to accrued rights) is amended by substituting for paragraph 4—

(4) In paragraph 3 “the material date” means—

(a) the date on which the regular policeman concerned last became a regular policeman, or

(b) if more than 12 months later, the date on which the transfer value was received.

Section 3 Amendment of transitional provisions in 1990 Regulations

(1) Regulation 3(6) of the 1990 Regulations is amended—

(a) by inserting after the words “pensionable service,” the words “unless the superannuation arrangements applicable to his new service fall within regulation F9(3)(a), (b) or (e) of the principal Regulations”; and

(b) in sub-paragraph (b) by substituting for the words “paragraph (3)” the words “paragraph (4)”.

(2) Regulation 3(7) of the 1990 Regulations is amended—

(a) by inserting after the words “before that date,” the words “unless the superannuation arrangements applicable to his new service fall within regulation F9(3)(a), (b) or (e) of the principal Regulations”; and

(b) by substituting for the words “paragraph (3)”, wherever occurring, the words “paragraph (4)”.

(3) Regulation 3(8) of the 1990 Regulations is amended by substituting for the words “paragraph (3)” the words “paragraph (4)”.

Section 4 Elections in respect of protected benefits

(1) This regulation applies to a person—

(a) to whom a protected benefit is being paid or may become payable, and

(b) who is placed in a worse position than he would have been in if an amendment made to the principal Regulations by regulation 3 of the 1990 Regulations or regulation 2 above (“the relevant amendment”) had not applied in relation to the protected benefit.

(2) A protected benefit is one which is being paid or may become payable by a police authority, under the principal Regulations, to or in respect of a person who, having served as a regular policeman within the meaning of those Regulations, ceased to serve as one, or died, before the material date.

(3) The material date—

(a) in relation to an amendment made by regulation 3 of the 1990 Regulations, is 1st May 1990, and

(b) in relation to the amendment made by regulation 2 above, is 1st August 1991.

(4) A person to whom this regulation applies may, by giving written notice to the police authority within 3 months after 1st August 1991, elect that the relevant amendment is not to apply in relation to the protected benefit.