OpenLegislation

Regulation 14

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

(1)

This Regulation shall apply to a qualified policeman who—

(a)

when entitled to reckon less than 30 years' pensionable service retired with an ordinary pension otherwise than in the circumstances mentioned in sub-paragraphs (a), (b), (d) or (e) of Regulation 21(1) of the principal Regulations, and

(b)

by virtue of Regulation 8(3) is treated as entitled to reckon at least 30 years' pensionable service.

(2)

In the case of a qualified policeman to whom this Regulation applies, notwithstanding anything in Regulation 24 of the principal Regulations or, as the case may be, in Regulation 23 or 24 of the old cases Regulations—

(a)

notice of commutation may be given thereunder, subject to paragraphs (3), at any time before the expiry of the period of 3 months following this Regulation becoming applicable in his case;

(b)

where he retired before 1st April 1975, the maximum portion of the pension which may be commuted shall be determined by reference to the amount of the pension to which he was originally entitled.

(3)

The transitional provisions of this paragraph shall apply to the case of a qualified policeman to whom this regulation applies who retired on or after 1st April 1975 but before 6th November 1979 and gave notice of commutation before he became entitled to reckon an additional period of pensionable service under Regulation 8(3):—

(a)

if a lump sum has not been paid to him in respect of that notice of commutation, it shall cease to have effect (without prejudice to the giving of a further notice);

(b)

if the notice of commutation specified the portion of his pension which he wished to surrender as a weekly, monthly or annual sum and he has been paid a lump sum calculated on that basis, he shall be entitled to give a further notice of commutation, provided that the two notices shall not specify in total a portion of his pension greater than that allowed by Regulation 24(3) of the principal Regulations;

(c)

if the notice of commutation specified the portion of his pension which he wished to surrender as a proportion of his pension and he has been paid a lump sum calculated on that basis, the police authority shall, unless he requests otherwise, treat the notice as extending to the additional pension payable in respect of the additional period of pensionable service and as effective for that purpose from the date on which he gave notice of his election to reckon war service.