Statutory Instruments
POLICE
RETIREMENT AND SUPERANNUATION
Made
4th July 1977
Laid before Parliament
13th July 1977
Coming into Operation
1st October 1977
In exercise of the powers conferred on me by section 52 of, and paragraphs 8 and 9 of Schedule 2, to, the Social Security Pensions Act 1975 (as amended by section 13(1) of, and paragraph 11 of Schedule 2 to, the Police Pensions Act 1976, and after consulting the Occupational Pensions Board in accordance with section 61(2) of the said Act of 1975 and such bodies as appear to me fairly to represent the interests of police authorities and members of police forces (within the meaning of the said Act of 1976) in accordance with paragraph 8(2) of Schedule 2 to the said Act of 1975, I hereby make the following Regulations:—
1. These Regulations may be cited as the Contracted-out Employment (Police) Regulations 1977 and shall come into operation on 1st October 1977.
2.—(1) In these Regulations the following expressions have the meanings hereby respectively assigned to them, that is to say:—
“the Act” means
“contracting-out certificate” means
“injury benefit” means
“the Police Pensions Regulations” means
(2) Any reference in these Regulations to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it, with or without modification.
(3) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.
3. These Regulations shall apply to employment in which a person's service qualifies him for benefit under the Police Pensions Regulations otherwise than by way only of injury benefit, being employment—
(a)in a police force within the meaning of the Police Act 1964 or the Police (Scotland) Act 1967;
(b)as an inspector or assistant inspector of constabulary appointed on or after 1st August 1964, or
(c)on central service within the meaning of section 43 of the said Act of 1964 or section 38 of the said Act of 1967.
4.—(1) Without prejudice to Regulation 14 of the Occupational Pension Schemes (Certification of Employments) Regulations 1975(1) (public service pensions schemes), in relation to employment to which these Regulations apply—
(a)elections with a view to the issue, variation or surrender of contracting-out certificates shall be made and revoked by the Secretary of State instead of by the employer;
(b)any reference in section 31(3) or (4) of the Act to the employer shall be construed as a reference to the Secretary of State;
(c)the reference in section 43(4) of the Act to any contracting-out certificate held by the employer shall be construed as a reference to any such certificate held by the Secretary of State, and
(d)those things which under any of the provisions specified in paragraph (2), below, are required or authorised to be done by or to an employer shall be done instead by or to the Secretary of State.
(2) The provisions referred to in paragraph (1)(d), above, are those of—
(a)the Occupational Pension Schemes (Certification of Employments) Regulations 1975, and
(b)the Occupational Pensions Board (Determinations and Review Procedure) Regulations 1976(2)
5. All employment to which these Regulations apply shall be treated as employment under a single employer different from the employer in any other employment for the purposes of—
(a)section 42(1) and (2) of the Act (premium on termination of contracted-out employment), and
(b)Regulation 10(3) of the Occupational Pensions Schemes (Contracting-out) Regulations 1975(3) (termination of periods of contracted-out employment).
6. In relation to employment to which these Regulations apply—
(a)the reference in Regulation 2(5) of the Contracted-out Employment (Notifications, Premium Payment and Miscellaneous Provisions) Regulations 1976(4) (furnishing of information) to an employer to whom a contracting-out certificate has been issued or the trustees of the scheme to which the certificate relates, and
(b)the reference in Regulation 3(1) of those Regulations (liability for payment of state scheme premiums) to the trustees of the scheme,
shall be construed as a reference to the police authority or government department which, by virtue of Regulation 3(2)(a) of those Regulations, is, for specified purposes, treated as the employer; and Regulation 3(2) of those Regulations shall have effect as if sub-paragraph (c) thereof were omitted.
Merlyn Rees
One of Her Majesty's Principal Secretaries of State
Home Office
4th July 1977
Part III of the Social Security Pensions Act 1975 contains provisions for contracting-out from full contributions and benefits under that Act.
These Regulations relate to the operation and administration of Part III in the case of persons subject to the Police Pensions Regulations in force under the Police Pensions Act 1976, other than persons entitled thereunder only to injury benefit or employed otherwise than as mentioned in Regulation 3 (i. e. employed outside Great Britain).
Regulation 4 provides that certain powers, duties and functions normally falling on the employer shall, instead, fall on the Secretary of State. In particular, elections with a view to the issue, variation or surrender of contracting-out certificates are to be made or revoked by him.
Regulation 5 provides that, so far as concerns the termination of periods of contracted-out employment and the state scheme premium payable thereon, all employment to which the Regulations apply shall be treated as employment under a single employer.
Regulation 6 provides that certain duties to furnish information and liabilities to pay state scheme premiums normally falling on the employer to whom a contracting-out certificate has been issued or on the trustees of the relevant supperannuation scheme shall fall on the police authority (or, in certain cases, government department) concerned, by whom social security contributions are payable.
(1975 III, p. 7163).
(1976 I, p. 473).
(1975 III, p. 7879).
S.I. 1976/143 (1976 I, p. 411).