Explanatory note

These Regulations further amend the Police Pensions Regulations 1987 (“the Pensions Regulations”) and the Police (Injury Benefit) Regulations 1987 (“the Injury Benefit Regulations”).

In conformity with the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (S.I. 1991/167), regulations 2 and 17(1) remove, for persons becoming entitled to deferred pensions after 27th February 1991, the option available in some cases to take a reduced pension and a refund of pre-April 1975 contributions.

Regulation 6 introduces a new lump sum death grant, equivalent to 2 years' pensionable pay. The grant is payable, in addition to any other death benefits, on the death after 31st August 1992 of a contributing regular policeman. If the policeman leaves a widow (which by virtue of regulation 12 includes a widower) and they were not separated, the grant is payable to the widow; otherwise, it is payable to the personal representatives. Regulation 19 correspondingly abates death gratuities payable under the Injury Benefit Regulations.

Regulations 12 and 18 introduce, for deaths occurring after 16th May 1990, widowers' benefits of the same kinds as those provided for widows. For benefits calculated by reference to service, only service after that date counts (regulations 13 to 16). Regulations 3 to 5, 7, 8 and 11 make related amendments. Regulation 10 raises women’s contributions to the same rate as men’s with effect from 1st September 1992.

Regulation 9 relaxes the “earnings cap” imposed on pensionable pay by the proviso to regulation G1(1) of the Pensions Regulations: it will, with effect from 1st June 1989, keep pace with the figure specified from time to time for tax purposes, and will not apply in cases where the “cap” is disapplied for those purposes. Regulation 17(2)(b) protects the position of senior officers who were serving in the Royal Ulster Constabulary when the “cap” was introduced and have since transferred to a mainland force. Regulation 17(2)(a) corrects a defect in the method of calculation of average pensionable pay for a period of part-time service.

Transitional provision is made by regulation 20.

Sections 1(5) and 3(1) of the Police Pensions Act 1976 confer express power to make regulations retrospective in effect and framed so as to apply in relation to pensions of, or in respect of, persons who left pensionable police service, or died, before the regulations come into force. These amending Regulations are to a large extent retrospective and so framed. Regulation 20 gives persons placed in a worse position the opportunity, required by section 3(2) of the 1976 Act, to elect that the relevant amendment is not to apply.