# The Police Pensions (Additional Voluntary Contributions) Regulations 1991, Paragraph 1


(1) Where a relevant police pension authority discharge their liability in respect of a pension credit which derives from the scheme constituted by these Regulations (“a scheme pension credit”) in accordance with paragraph 1(2) of Schedule 5 to the 1999 Act (pension credits: mode of discharge: funded pension schemes— conferring rights under the scheme from which the rights derive), they must do so by investing the amount of the credit to provide for the purchase from an insurance company of an annuity which meets the conditions in sub-paragraph (4).
(2) The investment shall be made by the authority, in accordance with an election made by the person entitled to the pension credit, in one or more funds managed by a pension provider meeting the requirements referred to in regulations 12 to 14 of the Pension Sharing (Pension Credit Benefit) Regulations 2000.
(3) The pension credit member may vary an election under sub-paragraph (2) by a further election at any time before the authority have completed the arrangements for the investment of the amount of the credit.
(4) The conditions referred to in sub-paragraph (1) are that—
(a) the annuity provides a pension which begins not earlier than normal benefit age and is payable to the pension credit member for life,
(b) any other pensions which are payable under the annuity—
(i) are payable only to dependants,
(ii) are payable only on the death of the pension credit member after he has reached normal benefit age,
(iii) if they are payable to the pension credit member’s child, are payable only if at the date of the pension credit member’s death the child is one who is eligible for an allowance under Part D of the 1987 Regulations in respect of the death (or would be if at the date of death the pension credit member had been a pensionable policeman), and
(iv) subject to paragraph (5), are payable to the dependant for life, and
(c) the annuity is not capable in whole or in part of surrender, assignment or commutation.
(5) If the dependant to whom the annuity is payable is within sub-paragraph (4)(b)(iii), the pension must cease to be payable when he ceases to be a dependent child.
(6) For the purposes of sub-paragraph (5), a person ceases to be a dependent child at the time when, if he were the child of a pensionable policeman, he would cease to be eligible for any allowance under Part D of the 1987 Regulations.
(7) In this paragraph “dependant”, in relation to a pension credit member, means a person who at the date of the member’s death—
(a) is the pension credit member’s spouse or civil partner and, if separated from the member by an order or decree of a competent court, is receiving from the member regular contributions for the person’s support or the support of the person’s child in consequence of such an order or decree, or
(b) is a person who would be the pension credit member’s child within the meaning of Schedule A of the 1987 Regulations if at the date of the pension credit member’s death the member had been a pensionable policeman.

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Source: https://www.legislation.gov.uk/uksi/1991/1304/schedule/1A/paragraph/1 (the official version)
Page: https://openlegislation.uk/police-pensions-additional-voluntary-contributions-regulations-1991/schedule-1A/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

