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STATUTORY INSTRUMENTS


2005 No. 1439

POLICE, ENGLAND AND WALES

PENSIONS, ENGLAND AND WALES

The Police Pensions (Part-time Service) Regulations 2005

  Made 26th May 2005 
  Laid before Parliament 1st June 2005 
  Coming into force 22nd June 2005 

The Secretary of State, in exercise of the powers conferred upon him by section 1 of the Police Pensions Act 1976[1], with the consent of the Treasury[2] and after consultation with the Police Negotiating Board for the United Kingdom[3], hereby makes the following Regulations:

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Police Pensions (Part-time Service) Regulations 2005.

    (2) These Regulations come into force on 22nd June 2005 but regulation 2, insofar as it relates to paragraphs 2 to 7 of Schedule 1, and regulations 4 and 5 have effect from 1st July 1992[
4].

    (3) These Regulations extend to England and Wales only.

Amendment of the Police Pensions Regulations 1987
     2. The Police Pensions Regulations 1987[5] are amended in accordance with Schedule 1 to these Regulations.

Amendment of the Police Pensions (Purchase of Increased Benefits) Regulations 1987
     3. The Police Pensions (Purchase of Increased Benefits) Regulations 1987[6] are amended in accordance with Schedule 2 to these Regulations.

Interest on late payments
     4. Where all or part of a sum - 

the police authority in question shall pay the amount or additional amount payable together with interest from the date that payment was due calculated at the rate of 5 per cent per year, compounded with yearly rests.

Commutation of late payments
    
5. Any notice of commutation under regulation B7 of the Police Pensions Regulations 1987 in respect of a sum which becomes payable - 

shall be given within six months of the date on which these Regulations come into force.


Hazel Blears
Minister of State

Home Office
23rd May 2005



We consent to the making of these Regulations


Vernon Coaker

Joan Ryan
Two of the Lords Commissioners of Her Majesty's Treasury

26th May 2005



SCHEDULE 1
Regulation 2


AMENDMENTS OF THE POLICE PENSIONS REGULATIONS 1987


Payments to enhance widowers' awards

     1.  - (1) Regulation G6 (payments by women members to enhance widowers' awards) is amended as follows.

    (2) In paragraph (4) for the words from "by reference" onwards there are substituted the words - 

    (3) After paragraph (4A) there is inserted - 

    (4) After paragraph 13 there is inserted - 

Ordinary and short service pensions

     2. For Parts I and II of Schedule B there is substituted - 



Ill-health pensions

     3.  - (1) Part III of Schedule B (policeman's ill-health pension) is amended as follows.

    (2) In paragraph 1 for the words "shall be determined" onwards there are substituted the words - 

    (3) After paragraph 4 there is inserted - 

    (4) The provisions of paragraph 5 are to become sub-paragraph (1) of that paragraph and after the words "paragraph 3 or 4" there are inserted the words "or the formula in paragraph 4A or 4B".

    (5) After that sub-paragraph there is inserted - 

    (6) After paragraph 5 there is inserted - 

Injury awards

     4.  - (1) Part V of Schedule B (policeman's injury award) is amended as follows.

    (2) In paragraph 1 for the words from "and shall be" onwards there are substituted the words - 

    (3) After paragraph 1 there is inserted - 

    (4) In paragraph 2 for the words from "shall be of the amount" to the end of that paragraph there are substituted the words - 

    (5) After paragraph 2 there is inserted - 

    (6) In paragraph 3(1) for the words "by reference" onwards there are substituted the words "by reference to this Schedule".

    (7) After paragraph 6 there is inserted - 

Deferred pensions

     5.  - (1) In Part VI of Schedule B for paragraph 1A there is substituted - 

    (2) Paragraph 8A of Part I of Schedule J (part-time service) is omitted.

Entitlements by reference to pensionable service

     6.  - (1) Paragraph 8 of Part IV of Schedule J (part-time service) is amended as follows.

    (2) After sub-paragraph (1) there is inserted - 

    (3) The words "Subject to sub-paragraph (1A)," are inserted at the beginning of sub-paragraph (2).

    (4) After sub-paragraph (2) there is inserted - 

     7.  - (1) Paragraph 4 of Part VI of Schedule J (part-time service) is amended as follows.

    (2) After sub-paragraph (2) there is inserted - 



SCHEDULE 2
Regulation 3


AMENDMENTS OF THE POLICE PENSIONS (PURCHASE OF INCREASED BENEFITS) REGULATIONS 1987


     1. In regulation 7 - 

     2. After regulation 7 there is inserted - 

     3. In regulation 8(1)(a) after the word "or" there are inserted the words "failed to pay the whole or part of a lump sum payment on those grounds under that regulation, or".

     4. In paragraph 1(2) of the Schedule (lump sum payments) after the definition of "his age" there is inserted - 

     5. In paragraph 2 of the Schedule (payment of periodical contributions), after sub-paragraph (2) there is inserted - 

     6. After paragraph 3 of the Schedule there is inserted - 



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Police Pensions Regulations 1987 and the Police Pensions (Purchase of Increased Benefits) Regulations 1987 as they apply in England and Wales. The amendments make provision for part-time police officers' pension benefits to be calculated as if they had been full-time officers, and then pro-rated for periods of part-time service. This replaces the previous basis of calculation under which part-time working counted as pensionable service on the basis of the actual hours served. This disadvantaged part-time officers because under the Police Pension Scheme reckonable service is accrued at a faster rate after 20 reckonable years.

Regulation 1 provides that the amendments in relation to ordinary and short service pensions, ill-health pensions, injury awards, deferred pensions and dependants' pensions are backdated to 1st July 1992, the date on which part-time service was introduced in the police service. Retrospective effect is permitted by section 1(5) of the Police Pensions Act 1976.

Regulation 2 and Schedule 1 make provision for the entitlement of part-time officers to various awards to be calculated on the new basis described above. The position of officers is protected against the possibility that their entitlement to an ill-health pension (in the case of serving and former officers) or an injury award (in the case of former officers only) might be less than it would have been before these Regulations were made.

Regulation 3 and Schedule 2 provide that payments by part-time officers who purchase increased benefits (either through a lump sum or periodical payments) will be up-rated, unless they elect otherwise. Previously part-time officers effectively paid lower contributions than full-time officers for an entitlement to the same level of benefit.

Regulation 4 provides for interest to be payable on entitlements which arise under the back-dating provisions of these Regulations.

Regulation 5 imposes a limit on the time within which a person entitled to a sum under the back-dating provisions of these Regulations may commute that for a lump sum payment.


Notes:

[1] 1976 c. 35. Section 1 is amended by section 2(3) of the Police Negotiating Board Act 1980 (c. 10), paragraph 28 of Schedule 7 to the Police Act 1996 (c. 16) and section 1(1) of the Police and Firemen's Pensions Act 1977 (c. 52). Functions under the Act as regards Scotland are transferred by article 2 of and Schedule 1 to S.I. 1999/1750.back

[2] Formerly the Minister for the Civil Service: see S.I. 1981/1670.back

[3] See section 2(3) of the Police Negotiating Board Act 1980 (c. 10).back

[4] This is the date on which part-time service was introduced under amendments to the Police Regulations 1987 (S.I. 1987/257). Retrospective effect is permitted by section 1(5) of the Police Pensions Act 1976.back

[5] S.I. 1987/257; relevant amendments were made by S.I. 1990/805, 1991/1517, 1992/1343, 1992/2349, 1994/641, 1996/867, 1998/577, 2001/1549, 2001/3888, 2002/2529, 2002/3202, 2003/27, 2004/1760 and 2004/2354.back

[6] S.I. 1987/2215; relevant amendments were made by S.I. 1990/805 and S.I. 2004/2354.back

[7] S.I. 1991/1304.back

[8] 1988 c. l.back



ISBN 0 11 072925 0


 © Crown copyright 2005

Prepared 14 June 2005


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URL: http://www.bailii.org/uk/legis/num_reg/2005/20051439.html