The Police Pensions (Amendment) (No. 2) Regulations 2004

• Citation: S.I. 2004/1760
• Sections: 3

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Police Pensions (Amendment) (No. 2) Regulations 2004.

(2) These Regulations shall come into force on 1st August 2004 but regulation 3(1) to (5) has effect in accordance with regulation 2.

(3) In these Regulations, “regular policeman” has the same meaning as in the Police Pensions Regulations 1987 .

(4) These Regulations extend to England and Wales only.

Section 2 Retrospective effect in certain cases

(1) In relation to a case where a person transferred from the British Transport Police Force to become a regular policeman on or after 1st February 2001 but before 1st August 2004 and either–

(a) the British Transport Police Force Superannuation Fund has paid to the police authority concerned a transfer value in respect of that transfer before 1st August 2004 and his pensionable service in respect of his former service would if recalculated in accordance with the amendments made by these Regulations satisfy the condition set out in paragraph (4); or

(b) no such payment has been made by 1st August 2004, but the policeman applies to the police authority by 31st July 2005 for such a transfer payment to be accepted and for the period of pensionable service in respect of his former service to be calculated in accordance with the amendments made by these Regulations,

regulation 3(1) to (5) has effect from 1st February 2001 .

(2) In relation to a case where–

(a) a person transferred from the British Transport Police Force to become a regular policeman on or after 30th April 1998 but before 1st February 2001 and either–

(i) the British Transport Police Force Superannuation Fund has paid to the police authority concerned a transfer value in respect of that transfer before 1st August 2004 and that policeman applies to that authority by 31st October 2004 for his pensionable service in respect of his former service to be recalculated in accordance with the amendments made by these Regulations in circumstances where the condition set out in paragraph (4) applies; or

(ii) no such payment has been made by 1st August 2004 but the policeman applies to the police authority concerned by 31st October 2004 for such a transfer payment to be accepted and for the period of pensionable service in his former service to be calculated in accordance with the amendments made by these Regulations, and

(b) the police authority concerned agree to such a recalculation or calculation as the case may be,

regulation 3(1) to (5) has effect from 30th April 1998.

(3) In relation to any other case, regulation 3(1) to (5) has effect from 1st August 2004.

(4) The condition mentioned in paragraphs (1)(a) and (2)(a)(i) is that the period of pensionable service reckonable in respect of the policeman’s former service as a result of recalculation as if the transfer value had been a transfer payment accepted in accordance with the amendments made by these Regulations is no less than the period already reckonable.

(5) References in paragraphs (1)(a) and (2)(a)(i) to the recalculation of pensionable service in respect of a regular policeman’s former service include references to a recalculation of any resulting award to him or in respect of him in accordance with the amendments made by these Regulations where he has ceased to be a regular policeman, and the reference in paragraph (2)(a)(i) to an application by that policeman shall include an application by or on behalf of the person who is entitled to such an award.

(6) The requirements in paragraph (1)(b) and in paragraph (2)(a)(i) and (ii) for an application to be made by a particular date shall be met if–

(a) the police authority are satisfied that there is good cause why the application could not be made by that date;

(b) the application is made by such later date as the police authority specify; and

(c) the administrators of the British Transport Police Force Superannuation Fund agree that the requirement may be met by that later date.

Section 3 Amendment of the Police Pensions Regulations 1987

(1) The Police Pensions Regulations 1987 are amended in accordance with this regulation.

(2) In regulation F6 (previous service reckonable under current interchange arrangements) after paragraph (1A) insert the following paragraph–

(1B) References in paragraph (1) to a transfer value include references to a transfer payment which has been received under an arrangement with the British Transport Police Force Superannuation Fund in circumstances where the conditions set out in paragraph 1(aa) of Section 2 of Part IV of Schedule F are satisfied.

(3) After paragraph 1(a) of Section 2 of Part IV of Schedule F (pensionable service and transfer values), insert the following sub-paragraph–

(aa) where his former superannuation arrangements were contained in the British Transport Police Force Superannuation Fund and the police authority are satisfied that–

(i) the transfer value represents all his accrued rights to awards under those arrangements,

(ii) the transfer value is one which he has, within 12 months of his last becoming a regular policeman, requested the police authority to accept under regulation F6,

(iii) the transfer value is calculated in accordance with guidance approved by the Government Actuary, and

(iv) either–

(a) the regular policeman has not reached the age of 55 at the time of the transfer; or

(b) he has reached that age at the time of the transfer, but the police authority and the administrators of the British Transport Police Force Superannuation Fund agree that the calculation shall be in accordance with paragraph 2,

in accordance with paragraph 2, and

(4) After paragraph 1 of Section 2 of Part IV of Schedule F, insert the following paragraph–

(1A) References in paragraph 1(aa) to a transfer include–

(a) any transfer where there is an interval of no longer than one month between the regular policeman’s service with the British Transport Police Force and his service as a regular policeman; and

(b) any transfer where there is an interval of longer than one month between those periods of service and the police authority concerned and the administrators of the British Transport Police Force Superannuation Fund agree that the calculation shall be in accordance with paragraph 2.

(5) In paragraph 2 of Section 2 of Part IV of Schedule F, after the words “paragraph 1(a)” insert “and (aa)”.

(6) In paragraph 1 of Schedule H (medical appeals) for the words “regulation H2(2A)” substitute “regulation H2(1)” and for the words “regulation H2(2B)” substitute “regulation H2(2)”.

(7) In paragraph 7(2) of Schedule H for the words “paragraph 8(2)” substitute “paragraph 8(5)”.