Regulation 6 Pension contributions and entitlement

The principal Regulations shall be amended in accordance with the following provisions of this regulation.

In regulation A10(1) (aggregate pension contributions for purposes of awards), at the end there shall be inserted the following provision:

“Provided that, in the case of a regular policeman who has made an election under regulation G4(1), the relevant period of service shall be taken to be the period, or last period, during which pension contributions were continuously payable by him under regulation G2(1) since the date on which, had no such election been made, the relevant period of service would be taken to have begun.”.

In regulation A19(1) (compulsory retirement on grounds of efficiency of the force), at the end there shall be added the words “or if he had not made an election under regulation G4(1)”.

In regulation B2(1) (policeman’s short service award ), at the end there shall be added the following provision:

“Provided that this regulation shall not apply to a regular policeman by whom pension contributions were not payable under regulation G2(1) during the period immediately preceding his retirement.”.

In regulation B3(1) (policeman’s ill-health award ), at the end there shall be added the following provision:

“Provided that this regulation shall not apply to a regular policeman by whom pension contributions were not payable under regulation G2(1) during the period immediately preceding his retirement.”.

In regulation B5(2) (policeman’s deferred pension)–

In regulation B5(4), at the end there shall be added the following provision:

“or (c) in respect of any period during which payments are due to be made on account of any pension to which he is entitled under regulation B1.”.

In regulation B6 (award by way of repayment of aggregate pension contributions), after paragraph (1) there shall be inserted the following paragraph:

“(1A)

This regulation shall also apply to a regular policeman who, within 3 months of his last becoming a regular policeman, makes an election under regulation G4(1) in the circumstances specified in paragraph (1).”.

In regulation C1(1) (widow’s ordinary pension), at the end there shall be added “and shall not apply by virtue of sub-paragraph (d) to the widow of a regular policeman who has or had made an election under regulation G4(1) which has or had effect at the time of his death”.

In regulation C6(1) (widow’s requisite benefit and temporary pension), after “regular policeman” there shall be inserted “, by whom pension contributions have at any time been payable under regulation G2(1),”.

In regulation C7(1) (widow’s award where no other award payable) after “member of a police force” there shall be inserted “, by whom pension contributions have at any time been payable under regulation G2(1),”.

In regulation D1(1) (child’s ordinary allowance), at the end there shall be added “and shall not apply by virtue of sub-paragraph (d) to the child of a regular policeman who has or had made an election under regulation G4(1) which has or had effect at the time of his death”.

In regulation F2(1) (current service), at the end there shall be inserted the following provision:

“Provided that no period of service shall be reckonable by a regular policeman under sub-paragraph (a) during which pension contributions were not payable by him under regulation G2(1) and in respect of which no payment has been made under regulation F1(1A).”.

In regulation G1(5) (average pensionable pay)–

In regulation G2 (pension contributions payable by regular policeman)–

For regulation G3(4) there shall be substituted the following paragraph–

“(4)

Additional or further pension contributions payable under this regulation shall cease to be payable–

(a)

on retirement;

(b)

in the case of a regular policeman who makes an election under regulation G4(1), on the date on which that election takes effect;

but–

(i)

where a regular policeman was paying such contributions immediately before retiring with an ordinary pension that pension shall be reduced in accordance with paragraph 6 of Part VIII of Schedule B, and

(ii)

where a regular policeman who has made an election under regulation G4(1) cancels that election under regulation G4(5) any such contributions which he was liable to pay immediately before the date mentioned in sub-paragraph (b) shall become payable as from the date on which that election ceases to have effect.”.

After regulation G3 there shall be inserted the following regulations:

“Election not to pay pension contributions

G4

(1)

A regular policeman with service as such on or after 6th April 1988 may at any time elect that regulation G2(1) shall not apply in his case by notice in writing given to the police authority.

(2)

Subject to paragraph (3), the date on which an election under paragraph (1) takes effect shall be the date on which an instalment of pay next falls due to him after the receipt of notice under paragraph (1).

(3)

In the case of a regular policeman who last became such on or after 6th April 1988 and who has given notice under paragraph (1) within 3 months of the date on which he so became, his election under that paragraph shall be deemed to have taken effect on that date.

(4)

In a case falling within paragraph (3)–

(a)

the police authority shall pay to the regular policeman in question a sum equal to the sum of the pension contributions paid by him since the date on which the election is deemed to have taken effect, and

(b)

for the purposes of regulation C6(1) and C7(1), contributions shall be deemed not to have been payable.

(5)

A regular policeman who has made an election under paragraph (1) may, not later than the date on which he attains the age of 45 years, cancel such election by notice in writing given to the police authority and the election shall cease to have effect as from the date on which an instalment of pay next falls due to him after the receipt of such notice:

Provided that–

(i)

a regular policeman having cancelled his election under paragraph (1) shall not be entitled to make any further such election during the same period of service as a regular policeman, and

(ii)

a regular policeman shall not, if the police authority so resolves, be entitled to cancel his election under paragraph (1) unless he has undergone a medical examination and satisfied the authority as to his good health; and any fee payable in respect of that examination shall be paid by him.

Supplementary provision as to elections not to pay pension contributions

G5

(1)

Any written notification given to a police authority in anticipation of regulation G4 shall be treated as having been a notice given under that regulation.

(2)

A notification is one given in anticipation of regulation G4 if–

(a)

it was given after 5th April 1988 and before 1st May 1990;

(b)

it expressed a wish not to pay, or as the case may be a wish to resume payment of, pension contributions, and

(c)

it was given on the understanding that if these Regulations were amended so as to contain provisions for the making and cancellation, by notice, of elections not to pay pension contributions, it would be treated as having been a notice given under those provisions.

(3)

In the case of a person who–

(a)

was serving as a regular policeman on 6th April 1988,

(b)

gave a written notification treated by virtue of paragraph (1) as notice of an election under regulation G4(1) not to pay pension contributions, and

(c)

attained the age of 45 before 6th April 1989,

a written notification given in anticipation of regulation G4 before 6th April 1989 expressing a wish to resume payment of pension contributions shall be treated as having been an effective notice of cancellation given under regulation G4(5) even if it was not given before his 45th birthday.”.

In regulation K1 (cancellation of ill-health and injury pensions) there shall be added at the end the following provision:

“(7)

This regulation shall apply in the case of a regular policeman who has made an election under regulation G4(1) and who is in receipt of a deferred pension under regulation B5 on account of which payment has been made by reason of his having become permanently disabled as if he had not made such an election and as if he were in receipt of an ill-health pension; and, in its application in accordance with this paragraph, this regulation shall have effect as if–

(a)

in paragraph (4), for the words from “there shall be terminated” to the end there were substituted “any injury pension to which he is entitled shall be terminated and his deferred pension shall not be payable in respect of any period thereafter until he attains the age of 60 years”, and

(b)

paragraph (5) were omitted.”.

In paragraph 2 of Part V of Schedule B (personal awards), after “his period of pensionable service” there shall be inserted “; and in this paragraph references to a person’s pensionable service shall in the case of a regular policeman who has made an election under regulation G4(1) be construed as references to the service which would have been reckonable by him if he had not made such an election”.

In paragraph 3 of Part V of Schedule B, at the end there shall be added the following provision:

“(3)

In the case of a regular policeman who has made an election under regulation G4(1), paragraph (1) shall have effect as if for the reference to three-quarters of any other pension calculated by reference to pensionable service reckonable by reason of that period of service there were substituted a reference to the amount of any other pension which would have been so calculated had he not made such an election.”.

In paragraph 3 of Part III of Schedule C (widows' awards)–

In paragraph 1 of Part III of Schedule D (children’s awards), at the end there shall be added the following provision:

“Provided that paragraph 5 of Part I as applied hereby shall not have effect in the case of a child whose relevant parent had made an election under regulation G4(1) which had effect at the time of that parent’s death.”.