The Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019

• Citation: S.I. 2019/378
• Sections: 21

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019.

(2) These Regulations come into force on 1st April 2019 but the provisions mentioned in paragraph (3) have effect as provided in that paragraph.

(3) The provisions in—

(a) regulations 5, 7, 14, 15, 17 and 19 to 21 have effect from 5th December 2005;

(b) regulation 13 has effect from 1st April 2007;

(c) regulations 3 and 8 have effect from 3rd April 2011;

(d) regulation 16 has effect from 13th March 2014.

(4) These Regulations extend to England and Wales.

(5) Part 3 of these Regulations applies in England only.

Section 2 Amendments to the Police Pensions Regulations 1987

The Police Pensions Regulations 1987 are amended in accordance with regulations 3 to 5.

Section 3 Amendments to regulation F1

In regulation F1 (reckoning of pensionable service) —

(a) in paragraph (1)(db), for “, unpaid adoption support leave or unpaid maternity support leave” substitute “or unpaid adoption support leave”;

(b) after paragraph (1)(db) insert—

(dc) any period of unpaid maternity support leave taken on or after 3rd April 2011 in respect of which the conditions specified in paragraph (1B) are not satisfied;

(c) in paragraph (1B) , in the opening words, for “sub-paragraphs (c), (da) and (db)” substitute “sub-paragraphs (c) to (dc)”.

Section 4 Amendments to regulation G6

In regulation G6 (payments by women to enhance widowers’ awards) —

(a) after paragraph (1A) insert—

(1B) But an election under this regulation which is made by virtue of the amendments to these Regulations by the Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019 may secure the counting of pensionable service before 6th April 1988 irrespective of whether an election to which paragraph (1A) applies was previously made.

(b) in paragraph (3) , at the end insert—

(i) in the case of a woman who was entitled to make an election under paragraph (1), to which sub-paragraphs (e) to (h) apply, who elects to secure the counting of pensionable service before 6th April 1988 (not being service which is already the subject of an election to enhance her surviving spouse or surviving civil partner award), the date on which the Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019 come into force.

(c) in paragraph (4A) , for “or (h)” substitute “, (h) or (i)”.

Section 5 Amendments to Schedule C

(1) In Part 1 (widow’s ordinary pension) of Schedule C (widows’ awards) —

(a) in paragraph 1, omit sub-paragraphs (2B) and (2C);

(b) in paragraph 3, omit “of a woman”.

(2) In Part 3 (widow’s accrued pension) of Schedule C —

(a) in paragraph 1, omit sub-paragraphs (1B) and 1(1C);

(b) in paragraph 3(4), omit “of a woman”.

(3) In Part 4 (widow’s pension in case of post-retirement marriage) of Schedule C , omit paragraphs 5 and 6.

(4) In Part 5 (widow’s requisite benefit pension) of Schedule C —

(a) in paragraph 1—

(i) in sub-paragraph (a), omit “, subject to paragraph 1A,”,

(ii) omit the “and” following sub-paragraph (a),

(iii) omit sub-paragraph (b);

(b) omit paragraph 1A.

Section 6 Transitional provision

(1) Paragraph (2) applies where—

(a) unpaid maternity support leave has been taken; and

(b) the period specified in regulation F1(1D)(a) of the Police Pensions Regulations 1987 within which notice in writing must be given has ended, or will end, on or before 1st July 2019.

(2) Regulation F1(1D)(a) has effect as if notice must be given—

(a) on or before 1st July 2019; or

(b) where the police pension authority is satisfied that it was not reasonably practicable to give notice on or before that date, on or before 1st April 2020.

Section 7 Amendments to the Police (Injury Benefit) Regulations 2006

(1) The Police (Injury Benefit) Regulations 2006 are amended in accordance with paragraph (2).

(2) In regulation 13 (adult survivor’s special award) omit paragraphs (11) and (12).

Section 8 Amendments to the Police Pensions Regulations 2006

(1) The Police Pensions Regulations 2006 are amended in accordance with paragraph (2).

(2) In regulation 10 (reckoning of pensionable service) —

(a) in paragraph (1)(ba), for “, unpaid adoption support leave or unpaid maternity support leave” substitute “or unpaid adoption support leave”;

(b) after paragraph (1)(ba) insert—

(bb) any period of unpaid maternity support leave taken on or after 3rd April 2011 in respect of which the conditions specified in paragraph (2) are not satisfied;

(c) in paragraph (2), in the opening words for “sub-paragraphs (a) and (b)” substitute “sub-paragraphs (a) to (bb)”.

Section 9 Transitional provision

(1) Paragraph (2) applies where—

(a) unpaid maternity support leave has been taken; and

(b) the period specified in regulation 10(4)(a) of the Police Pensions Regulations 2006 within which notice in writing must be given has ended, or will end, on or before 1st July 2019.

(2) Regulation 10(4)(a) has effect as if notice must be given—

(a) on or before 1st July 2019; or

(b) where the police pension authority is satisfied that it was not reasonably practicable to give notice on or before that date, on or before 1st April 2020.

Section 10 Amendment to the Police Pensions Regulations 2015

(1) The Police Pensions Regulations 2015 are amended in accordance with paragraph (2).

(2) In the heading to the table in regulation 170 (rate of member contributions), for “31st March 2019” substitute “31st March 2020”.

Section 11 Amendment to the Police Federation (England and Wales) Regulations 2017

(1) The Police Federation (England and Wales) Regulations 2017 are amended in accordance with paragraph (2).

(2) In regulation 9 (Metropolitan police force: branch council and representation), after paragraph (1) insert—

(1A) For the purposes of paragraph (1), the number of police officers in the metropolitan police force is the total number of police officers in that force on 31st March in the year that was two years before that in which the election is held.

Section 12 Amendments to the Firefighters’ Pension Scheme Order 1992

Schedule 2 to the Firefighters’ Pension Scheme Order 1992 (“the Order”) (in which the Firefighters’ Pension Scheme is set out) is amended in accordance with regulations 13 to 17.

Section 13 Amendment to Part B (personal awards)

In rule B5A (entitlement to two pensions) —

(a) in paragraph (2), for “exceeds” substitute “is lower than”;

(b) in paragraph (6), after “B1” insert “B1A,”;

(c) in paragraph (9), for “paragraph (3)” substitute “paragraph (4)”.

Section 14 Amendments to Part C (awards on death – spouses)

(1) In rule C1 (spouse’s ordinary pension)—

(a) in paragraph (2) , after “spouse” insert “or surviving civil partner”;

(b) omit paragraph (2A) .

(2) In rule C4 (spouse’s accrued pension) in paragraph (3)—

(a) in sub-paragraph (a,) after “spouse” insert “or surviving civil partner”;

(b) omit sub-paragraph (b) and the “and” preceding it.

(3) In rule C5 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership) —

(a) in paragraph (2), after “spouse” insert “or surviving civil partner”;

(b) omit paragraph (3).

(4) In rule C6 (spouse or civil partner’s requisite benefit and temporary pension), in paragraph (4) —

(a) in sub-paragraph (a) omit “in the case of a surviving spouse,”;

(b) omit sub-paragraph (b) and the “and” preceding it.

(5) In rule C8 (limitation where spouses living apart) in paragraph (2) —

(a) in sub-paragraph (a), omit “in the case of a surviving spouse,”;

(b) omit sub-paragraph (b) and the “and” preceding it.

Section 15 Amendments to Part J (special cases)

In rule J1 (guaranteed minimum pensions) —

(a) for paragraph (2)(b) substitute—

(b) in the case of a person who dies at any time and leaves a widow, a surviving same-sex spouse or surviving civil partner, that person is entitled to a pension of a weekly rate equal to half the deceased person’s guaranteed minimum, and

(b) in paragraph (2), omit sub-paragraph (d) and the “and” preceding it;

(c) in paragraph (4), for “, (c) or (d)” substitute “or (c)”.

Section 16 Amendment to Schedule 1 to the scheme

Omit paragraphs 1 and 2 of Part 3 (provision relating to same sex couples) of Schedule 1 to the Firefighters’ Pension Scheme (in Schedule 2 to the Order) .

Section 17 Amendments to Schedule 3 to the scheme

In Schedule 3 (awards on death – spouses) to the Firefighters’ Pension Scheme (in Schedule 2 to the Order)—

(a) in Part 3 (spouse’s accrued pension)—

(i) in paragraph 2(1), after “spouse’s” insert “, or surviving civil partner’s,”,

(ii) in paragraph 3(1), after “spouse” insert “or surviving civil partner”;

(b) in Part 4 (pension for surviving spouse of post-retirement marriage), in paragraphs 1(1) and 2(1), after “surviving spouse” insert “or surviving civil partner”.

Section 18 Amendments to the Firefighters’ Compensation Scheme (England) Order 2006

Part 3 (Awards on Death: Spouses and Civil Partners) of Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 2006 (in which the firefighters’ compensation scheme 2006 is set out) is amended in accordance with regulations 19 to 21.

Section 19 Amendments to rule 1

In rule 1 (special award for spouse or civil partner), in paragraph (3) —

(a) in sub-paragraph (a), after “spouse” insert “or surviving civil partner”;

(b) omit sub-paragraph (b).

Section 20 Amendments to rule 3

In rule 3 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership)—

(a) in paragraph (2), after “spouse” insert “or surviving civil partner”;

(b) omit paragraph (3).

Section 21 Amendments to rule 4

In rule 4 (limitation where spouse or civil partner is living apart), in paragraph (2) —

(a) in sub-paragraph (a), after “spouse” insert “or surviving civil partner”;

(b) omit sub-paragraph (b) and the “and” preceding it.