The Police Pensions (Amendment No. 2) Regulations 2012

• Citation: S.I. 2012/2811
• Sections: 4

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Police Pensions (Amendment No. 2) Regulations 2012.

(2) These Regulations come into force on 3rd December 2012.

(3) These Regulations extend to England and Wales.

Section 2 Interpretation

In these Regulations—

“the 1987 Regulations ” means the Police Pensions Regulations 1987 ;

“the 2006 Regulations ” means the Police Pensions Regulations 2006 .

Section 3 Compulsory retirement on grounds of efficiency: relevant considerations

(1) In regulation A19 of the 1987 Regulations (compulsory retirement on grounds of efficiency of the force), after paragraph (2) insert—

(3) In making a determination under paragraph (2), a police pension authority shall take account of—

(a) the desirability of retaining in the force regular policemen who possess skills or knowledge of particular importance; and

(b) the standard or level to which the regular policeman in question has performed the duties of his rank or role.

(2) In regulation 20 of the 2006 Regulations (compulsory retirement on grounds of efficiency of the force), after paragraph (2) insert—

(2A) In making a determination under paragraph (2), a police pension authority shall take account of—

(a) the desirability of retaining in the force regular policemen who possess skills or knowledge of particular importance; and

(b) the standard or level to which the regular policeman in question has performed the duties of his rank or role.

Section 4 Senior officers: delayed payment of ordinary pension

(1) The 1987 Regulations are amended as follows.

(2) In regulation B1 (policeman’s ordinary pension)—

(a) in paragraph (5), omit the words after “of that Schedule”;

(b) after paragraph (5) insert—

(5A) In the case of a person entitled to reckon less than 30 years’ pensionable service, no payments shall be made on account of an ordinary 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 and he is not ineligible under regulations G7 and G8 for a pension award payable on the grounds of permanent disablement, before he becomes so disabled.

(5B) In the case of a regular policeman above the rank of chief superintendant who gives notice in writing to the police pension authority that he wishes this paragraph to apply to him, no payments shall be made on account of an ordinary pension in respect of the period after his retirement and before he has attained the normal minimum pension age, as defined in section 279(1) of the Finance Act 2004 .

(5C) Notice under paragraph (5B) may not be given after retirement and, once given, may not be cancelled.

(c) in paragraph (7), for “and (5)” substitute “, (5) and (5A)”.

(3) In regulation L3(1)(a) (payment and duration of awards), for “B1(5)” substitute “B1(5A)”.

(4) In paragraph 1(3)(a) of Part I of Schedule C, for “”B1(5)” substitute “B1(5A) and (5B)”.

(5) In Part I of Schedule D—

(a) in paragraph 1(5)(b)(i), for “B1(5)” substitute “B1(5A) and (5B)”;

(b) in paragraph 3(2)(a), for “B1(5)” substitute “B1(5A) and (5B)”.

(6) In Schedule J—

(a) in Part I, for paragraph 2 substitute—

(2) In the case of a regular policeman who served as such before 8th August 1961, Regulation B1 shall have effect as if paragraph (5A) were omitted.

(b) in Part IV, in paragraph 8(1C)(a), after “(5)” insert “, (5A)”;

(c) in Part VII, in paragraph 5(4)(b)(ii), for “(5)” substitute “(5A)”.