Paragraph 3

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. D Pt. I para. 1(5)(b)(i) words substituted by Police Pensions 2012 reg. 4(5)(a)
Sch. D Pt. 1 para. 3(2)(a) words substituted by Police Pensions 2012 reg. 4(5)(b)
Sch. D Pt. 2 revoked by Police (Injury Benefit) 2007 Sch. 2 Pt. 3 Table
Sch. D Pt. 1 para. 1(4) words substituted by Police (Injury Benefit) 2007 Sch. 2 Pt. 1 para. 29(a)
Sch. D Pt. 1 para. 1(5) words inserted by Police (Injury Benefit) 2007 Sch. 2 Pt. 1 para. 29(b)
Sch. D Pt. 1 para. 3(1)(b) words inserted by Police (Injury Benefit) 2007 Sch. 2 Pt. 1 para. 30

(1)

The pension or notional pension referred to in paragraphs 1 and 2 is—

(a)

where the relevant parent died while entitled to an ordinary, short service or ill-health pension, that pension;

(b)

where, having retired with both an ill-health and an injury pension, he died while no longer entitled to the ill-health pension but while entitled to the injury pension, the ill-health pension to which he would have been entitled had he not ceased to be entitled thereto;

(c)

where he retired with a gratuity when entitled to reckon at least 3 years' pensionable service, the ill-health pension to which he would have been entitled had he retired in circumstances entitling him to such a pension, or

(d)

where he died while serving as a regular policeman, the ill-health pension to which he would have been entitled had he retired immediately before he died in circumstances entitling him to such a pension,

calculated, in each case, in accordance with sub-paragraph (2).

(2)

The pension or notional pension referred to in sub-paragraph (1)(a), (b), (c) or (d) shall be calculated without regard to—

(a)

the restrictions on payments on account of an ordinary pension contained in Regulation B1(5), and

(b)

the provisions for the reduction of a pension contained in Regulation B7(7) and (8)(b) (commutation), in Regulation B9(7) (allocation) and in Parts VII and VIII of Schedule B (reductions at state pensionable age and related to up-rating of widow’s pension).