The Police Pensions Regulations 2015
S.I. 2015/445 · Made 27 February 2015 · Extends to United Kingdom
Public Service Pensions, England And Wales
Made 27th February 2015
Laid before Parliament 5th March 2015
Coming into force 1st April 2015
C1The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(g) M1, 2(1), 3(1), (2) and (3)(a) and (c), 4(3) and (5) as read with 4(1), 5(2)(c) as read with 5(1), 7(2) as read with 7(1), 8(1)(a) M2, 12(6) and (7) M3, 18(5) to (7) and 25(2) of, and paragraph 7 of Schedule 2, Schedule 3, and paragraphs 1(2)(ii), 2(2)(ii) and 5(1) of Schedule 7 to, the Public Service Pensions Act 2013 M4.
In accordance with section 21 of that Act, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations.
In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.
Annotations to the whole text
Marginal citations
- M1
See also section 1(3) of, and Schedule 1 to, the Public Service Pensions Act 2013 (“the Act”).
- M2
See also section 8(2)(a) and (4) of the Act.
- M3
See also section 12(1) to (3) and (5) of the Act. Section 12 of the Act comes into force on 1st April 2015.
- M4
Modifications
- C1
Regulations: transfer of functions (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), arts. 1(2), 4(3)
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: Establishment of scheme for members of a police force
- 3Establishment of scheme
- 4Members of a home police force
- 5Members of a police force other than a home police force
- 6Meaning of “specified NCA officer”
- Part 3: Governance
- 7Police pension authority
- 8Alteration of police areas
- 9Scheme manager
- 10Scheme manager approval
- 11Delegation
- 12Scheme manager's obligation to pass on member's records
- 13Police Pension Boards: establishment
- 14Police Pension Boards: membership
- 15Police Pension Boards: procedure
- 16Police Pension Boards: conflicts of interest
- 17Payment of fees and expenses
- 18Scheme advisory board: establishment
- 19Scheme advisory board: membership
- 20Scheme advisory board: conflicts of interest
- Part 4: Scheme membership
- Chapter 1: Active membership
- 21Eligible service
- 22Periods of unpaid leave
- 23Period of permanent service
- Chapter 2: Automatic enrolment
- 24Application of Chapter
- 25Interpretation of Chapter
- 26Automatic enrolment
- 27Opting in to this scheme
- 28When an opt-in takes effect
- 29Automatic re-enrolment
- 30Opting out of this scheme
- 31Opting out before the end of the initial period of eligible service
- 32Opting out after the initial period of eligible service
- Chapter 3: Pensionable earnings and assumed pay
- 33Pensionable earnings
- 34Pensionable earnings during a period of assumed pay
- Chapter 4: Eligibility for payment of ill-health benefits
- 35Interpretation
- 36Determination of eligibility for payment of ill-health benefits
- 37Re-determination of eligibility for payment of ill-health benefits
- 38Reduced rate of member contributions
- 39Selected medical practitioner's report
- 40Appeal against selected medical practitioner's report
- 41Revised report by third registered medical practitioner
- 42Refusal to be medically examined
- Chapter 5: Deferred membership
- 43Meaning of “deferred member”
- Part 5: Pension accounts
- Chapter 1: Accrued pension
- 44Descriptions of accrued pension
- 45Calculation of amount of accrued pension for purpose of deferment or retirement
- Chapter 2: Calculation of adjustments
- 46Calculation of “retirement index adjustment”
- 47Calculation of “retirement PIA index adjustment”
- 48Determination of “the age addition”
- 49Determination of “the assumed age addition”
- 50Actuarial reduction on early payment of pension (early payment reduction)
- 51Late payment supplement
- Chapter 3: Pension accounts: general
- 52Establishment of pension accounts: general
- 53Closure and adjustment of pension accounts on transfer out
- Chapter 4: Active member's account
- 54Application of Chapter
- 55Establishment of active member's account
- 56Receipt of a transfer value payment
- 57Receipt of a club transfer value payment
- 58Amount of pension for a scheme year
- 59Opening balance, index adjustment, PIA index adjustment and age addition
- 60Closure and re-establishment of active member's account
- 61Active member's account to remain open during periods of unpaid leave
- 62Adjustment of active member's account after period of unpaid family leave or unpaid sick leave
- Chapter 5: Deferred member's account
- 63Application of Chapter
- 64Establishment of deferred member's account
- 65Provisional amount of deferred pension
- 66Adjustment of provisional amount
- 67Closure of deferred member's account after gap in service not exceeding 5 years
- Chapter 6: Retirement account
- 68Establishment of retirement account
- 69Amount of retirement earned pension and retirement added pension
- 70Closure of retirement account
- Chapter 7: Pension accounts for pension credit members
- 71Establishment of pension credit member's account
- 72Other pension accounts
- Part 6: Retirement pensions payable on grounds of permanent medical unfitness
- Chapter 1: General
- 73Police pension authority
- 74Medical unfitness
- 75Permanent medical unfitness
- 76Decision of selected medical practitioner
- 77Refusal to be medically examined or attend interviews
- 78A report under this Part
- Chapter 2: Compulsory ill-health retirement
- 79Application of Chapter
- 80Former member of home police force
- 81Referral of medical questions for purpose of regulation 82
- 82Compulsory retirement on grounds of permanent medical unfitness
- 83Compulsory retirement of member who was required to continue to serve
- 84Compulsory retirement void if appeal successful
- Chapter 3: Early payment of full retirement pension on grounds of permanent medical unfitness
- 85Application of Chapter
- 86Referral of medical questions for purpose of early payment of a full retirement pension on grounds of permanent medical unfitness
- Part 7: Retirement benefits
- Chapter 1: General
- 87Application of Part
- 88Qualifying service
- 89Descriptions of full retirement pension
- Chapter 2: Full retirement benefits
- 90Entitlement to full retirement pension (active members)
- 91Entitlement to full retirement pension (deferred members)
- 92Claim for payment of full retirement pension (active members)
- 93Notice period for active members
- 94Full retirement pension payable at member's state pension age (deferred members)
- 95Full retirement pension payable early on grounds of permanent medical unfitness (deferred members)
- 96Claim for early payment of full retirement pension otherwise than on grounds of permanent medical unfitness (deferred members)
- 97Members who have been dismissed or required to resign
- 98Annual rate of full retirement pension (active members)
- 99Annual rate of full retirement pension (deferred members)
- 100Full retirement pension ceasing to be payable
- Chapter 3: Ill-health pension
- 101Payment thresholds
- 102Entitlement to payment of ill-health pension
- 103Payment of ill-health pension
- 104Annual rate of ill-health pension under this scheme
- 105Deferment of added pension attributable to recent payments
- Chapter 4: Reduction of ill-health benefits
- 106Referral of medical question for purpose of reduction of benefits
- 107Reduction of pension in case of default
- 108Refusal to be medically examined
- 109Decision of scheme manager void if appeal against decision of selected medical practitioner is successful
- Chapter 5: Review of ill-health benefits
- 110Review of lower tier ill-health pension
- 111Cancellation of lower tier ill-health pension if medical unfitness ceases
- 112Entitlement to enhanced upper tier ill-health pension following claim for payment
- 113Entitlement to enhanced upper tier ill-health pension following periodic review
- 114Review and cancellation of enhanced upper tier ill-health pension
- 115Cancellation of ill-health pension: failure to receive appropriate medical treatment
- 116Review and cancellation of full retirement pension which came into payment early on grounds of permanent medical unfitness
- 117Referral of medical questions for purpose of a review
- 118Refusal to be medically examined
- 119Decision of scheme manager void if appeal against decision of selected medical practitioner is successful
- Chapter 6: Payment options
- 120Options under this Chapter
- 121Exercising an option under this Chapter
- 122Option to buy out early payment reduction
- 123Option to defer payment of retirement added pension
- 124Option to commute part of pension
- Part 8: Benefits for pension credit members
- 125Interpretation
- 126Entitlement to pension credit member's pension
- 127Claim for payment of pension credit member's pension
- 128Payment of pension credit member's pension
- 129Annual rate of pension credit member's pension
- 130Pension credit member's rights
- 131Option for pension credit member to commute part of pension
- 132Option for pension credit member to commute whole pension (serious ill-health)
- Part 9: Death benefits
- Chapter 1: Application of Part
- 133Application of Part
- Chapter 2: Pensions for surviving adults
- 134Surviving adults
- 135Meaning of “surviving adult partner”
- 136Meaning of “surviving adult's pension”
- 137Entitlement to surviving adult's pension
- 138Surviving adult's pension payable in respect of pension debit member
- 139Annual rate of surviving adult's pensions payable on death of pensioner member
- 140Annual rate of surviving adult's pensions payable on death of deferred member
- 141Annual rate of surviving adult's pensions payable on death of active member
- 142Reduction in pensions in cases of wide age disparity
- Chapter 3: Pensions for eligible children
- 143Meaning of “eligible child's pension”
- 144Meaning of “eligible child”
- 145Eligible child's pension
- 146Annual rate of eligible child's pension
- Chapter 4: Payment of pensions for surviving adults and eligible children
- 147Payment of pensions under this Part
- 148Suspension and recovery of pensions paid under this Part
- 149Provisional payment of eligible child's pension: later adjustments
- 150Adjustment of benefits to comply with FA 2004 where members die over 75
- 151Guaranteed minimum pensions for surviving spouses and civil partners
- Chapter 5: Nominations for lump sum death grants
- 152Nominations for lump sum death grants
- 153Invalid nominations of individuals
- 154Recovery of payment if nomination found to be invalid
- Chapter 6: Payment of lump sum death grants
- 155Payment of lump sum death grants: general
- 156Persons who may be paid lump sum death grant
- 157Pension protection lump sum death benefit
- 158Payment of pension instead of lump sum death grant for members who have reached 75
- Chapter 7: Amount of lump sum death grant
- 159Meaning of “final pay”
- 160Meaning of “annualised final pay”
- 161Amount of lump sum death grant payable on death of active member
- 162Amount of lump sum death grant payable on death of pension credit member
- 163Amount payable under court order to former spouse or civil partner
- Chapter 8: Death gratuities
- 164Application of Chapter
- 165Death gratuities - dependants
- 166Death gratuity – estate
- Chapter 9: Prevention of duplication of benefits
- 167Payment of one benefit only in respect of deceased member
- Part 10: Contributions
- 167ARelevant pay
- 168Amount of pensionable earnings Repealed
- 169Annualised rate of pensionable earnings Repealed
- 170Rate of member contributions
- 171Payment of member contributions
- 172Option to pay member contributions for period of unpaid leave
- 173Payment of member contributions for unpaid leave
- 174Employer contributions
- 175Deduction of payments for added pension under Schedule 3
- 176Refund of all member contributions and payments for added pension made by the member
- 177Member repays refund of contributions on rejoining this scheme
- Part 11: Transfers
- Chapter 1: Preliminary
- 178Application of Part
- 179Interpretation of Part
- Chapter 2: Transfers out
- 180Transfer payments made to other schemes or pension arrangements
- 181Application for a statement of entitlement
- 182Statement of entitlement
- 183Request for transfer payment to be made
- 184Calculating the amount of a transfer value or club transfer value
- 185Request for transfer out after member repays to scheme manager a refund received under regulation 184
- 186Effect of transfers out
- Chapter 3: Transfers in
- 187Application of Chapter
- 188Interpretation of Chapter
- 189Request for acceptance of a transfer payment
- 190Transfer statement
- 191Amount of transferred pension
- 192Club transfer statement
- 193Amount of club transfer earned pension
- Chapter 4: NI and Scotland transfers
- 194Interpretation
- 195Transfers out
- 196Transfers in
- Part 12: Actuarial valuations and employer cost cap
- 197Appointment of scheme actuary and actuarial valuations
- 198Employer cost cap
- Part 13: Supplementary
- Chapter 1: Dual capacity members
- 199Meaning of “dual capacity member”
- 200Payment of benefits to or in respect of a dual capacity member
- Chapter 2: Payment of benefits: general
- 201Reduction in pension debit member's benefits
- 202Late payment of retirement index adjustment or retirement PIA index adjustment
- 203Commutation of small pensions
- Chapter 3: Guaranteed minimum pensions
- 204Interpretation and application
- 205Guaranteed minimum under section 14 of PSA 1993
- 206Contracting–out rights
- Chapter 4: Appeals in relation to payment of benefits
- 207Appeals to Crown Court
- 208Appeals to Secretary of State
- 209Limitation on appeals against decision of scheme manager
- Chapter 5: Forfeiture and set-off
- 210Pension supervising authority
- 211Forfeiture: offences committed by members
- 212Forfeiture: offences committed by a member's beneficiary
- 213Forfeiture: relevant monetary obligations and relevant monetary losses
- 214Set-off
- 215Forfeiture and set-off: procedure
- 216Forfeiture: appeals to Crown Court
- 217Forfeiture: appeals to Secretary of State
- Chapter 6: Payment and deduction of tax
- 218Scheme manager to be scheme administrator for purposes of Part 4 of Finance Act 2004
- 219Payment on behalf of members of lifetime allowance charge
- 220Reduction of benefits where lifetime allowance charge payable
- 221Information about payment of annual allowance charge
- 222Reduction of benefits where annual allowance charge paid by scheme manager
- 222AVoluntary scheme pays arrangement
- Chapter 7: General
- 223General prohibition on unauthorised payments
- 224Calculation of periods of membership and service
- 225Procedure on appeals to the Secretary of State
- 226Evidence of entitlement
- 227Provision of benefit information statements to members
- 228Transitional provisions
- Signature
- Schedule 1: Medical decisions: appeals and reconsideration
- 1Interpretation
- 2Appeal against decision of a selected medical practitioner
- 3Referral of final decision for reconsideration
- 4Referral of final decision by court or tribunal
- 5Referral to appointed medical practitioner
- 6Appointment of appeal board
- 7Procedure and costs on appeals to appeal board
- 8Hearing the appeal
- 9Written evidence or a written statement
- 10Costs payable if hearing is cancelled, adjourned or postponed
- 11Costs payable on decision
- Schedule 2: Progressive medical conditions
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Schedule 3: Payments for added pension
- Part 1: General
- 1Interpretation
- 2Meaning of “overall limit of added pension”
- 3Amount of accrued added pension may not exceed overall limit of added pension
- 4Refund of overpayments
- Part 2: Exercising the added pension option
- 5Added pension option exercisable by member
- Part 3: Periodical payments for added pension
- 6Application of Part
- 7Member's option to make periodical payments for added pension
- 8Cancellation of option by member
- 9Periodical payments
- 10Amount of added (self only) pension for a scheme year (periodical payments)
- 11Amount of added (all beneficiaries) pension for a scheme year (periodical payments)
- Part 4: Lump sum payments for added pension made by member
- 12Application of Part
- 13Member's option to make a lump sum payment for added pension
- 14Payment by lump sum from the compensation scheme
- 15Statement of amount of added pension
- 16Amount of added (self only) pension (lump sum payment)
- 17Amount of added (all beneficiaries) pension (lump sum payment)
- Schedule 4: Transitional provisions
- Part 1: General
- 1Interpretation
- 2Meaning of “tapered protection closing date”
- 3Pensionable service under a police scheme
- 4Continuity of service (1987 transition members)
- 5Continuity of service (2006 transition members)
- 6Meaning of “active member” of the 1987 scheme or the equivalent NI police pension scheme
- 7Meaning of “active member” of the 2006 scheme or the equivalent NI police pension scheme
- 8Meaning of “active member” of an existing scheme
- Part 2: Exceptions for full protection members of the 1987 scheme
- 9Meaning of “full protection member” (the 1987 scheme)
- 10Exception for full protection member during protection period
- 11Active member of the 1987 scheme on scheme closing date
- Part 3: Exceptions for full protection members of the 2006 scheme
- 12Meaning of “full protection member” (the 2006 scheme)
- 13Exception for full protection member during protection period
- 14Active member of the 2006 scheme on scheme closing date
- Part 4: Exceptions for tapered protection members of the 1987 scheme
- 15Meaning of “tapered protection member” (the 1987 scheme)
- 16Exception for tapered protection members during protection period
- 17Active member of the 1987 scheme on scheme closing date
- Part 5: Exceptions for tapered protection members of the 2006 scheme
- 18Meaning of “tapered protection member” (the 2006 scheme)
- 19Exception for tapered protection members during protection period
- 20Active member of the 2006 scheme on scheme closing date
- Part 6: Payment of ill-health pension to transition members with continuity of service
- 21Meaning of “ill-health pension” in relation to the existing police pension scheme
- 22Meaning of “normal pension age under the existing police pension scheme”
- 23Transition member who has not reached normal pension age under the existing police pension scheme
- 24When transition member reaches normal pension age under the existing police pension scheme
- Part 7: Payment of death benefits in respect of transition members with continuity of service
- 25Annual rate of surviving adult's pension payable under this scheme when a 1987 transition member dies as a pensioner member
- 26Annual rate of surviving adult's pension payable under this scheme when a 2006 transition member dies as a pensioner member
- 27Annual rate of surviving adult's pension payable under this scheme when a 1987 transition member dies as a deferred member
- 28Annual rate of surviving adult's pension payable under this scheme when a 2006 transition member dies as a deferred member
- 29Annual rate of surviving adult's pension payable under this scheme when a 1987 transition member dies as an active member
- 30Annual rate of surviving adult's pension payable under this scheme when a 2006 transition member dies as an active member
- 31Payment of eligible child's pension in respect of any transition member
- 32Lump sum death grant payable on death of active member
- 33Death gratuities - dependants
- 34Death gratuity – estate
- Part 8: Transitional provisions relating to the existing police pension scheme
- 35Pensionable service under the existing police pension scheme
- 36Becoming a deferred member of the existing police pension scheme
- 37Qualifying for benefits on retirement under the existing police pension scheme
- 38Refund of contributions under the existing police pension scheme
- 39Calculation of weighted accrual for service in the 1987 scheme
- 40Calculation of lump sum under the 1987 scheme
- 41Declaration under existing police pension scheme continues to have effect
- 42Nomination under existing police pension scheme continues to have effect
- Part 9: Transfer of final salary benefits
- 43Meaning of “final salary benefits”
- 44Acceptance of club transfer value payments
- 45Joining this scheme or the 2006 scheme
- Part 10: Pensionable service after the scheme closing date
- 46Transition member with continuity of service
- 47Active member of the 1988 NI police pension scheme on scheme closing date who joins 1987 scheme
- 48Active member of the 1988 NI police pension scheme on scheme closing date who joins 2006 scheme
- 49Active member of the 1987 scheme on scheme closing date
- 50Deferred member of the 1987 scheme on scheme closing date
- 51Active member of the 2009 NI police pension scheme on scheme closing date
- 52Active member of the existing Scotland scheme on the scheme closing date
- 53Active member of an existing scheme on the scheme closing date
- Explanatory note