The Police Pensions Regulations 1987

Regulation C5(3)

Part IV Widow’s Pension in Case of Post-Retirement Marriage

1.  Where under Regulation C5(3) the widow of a regular policeman is entitled to such a pension as is there mentioned instead of a widow’s ordinary pension or special award under Regulation C1 or C2, the annual amount of that pension shall be calculated in accordance with Part I of this Schedule in like manner as the annual amount of a widow’s ordinary pension except that, for the purposes hereof, the said Part I shall have effect—

(a) as if the reference in paragraph 1(1)(a) thereof to a half of a pension or notional pension were a reference to a half of the appropriate proportion thereof within the meaning of paragraph 3 of this Part;

(b) as if paragraph 3 thereof (election for flat-rate award) were omitted, and

(c) where the pension is instead of a widow’s special award under Regulation C2, as if the pension or notional pension referred to in paragraph 1(1)(a) were the ill-health pension to which the husband would have been entitled had he, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

2.  Where under Regulation C5(3) the widow of a regular policeman is entitled to such a pension as is there mentioned instead of a widow’s accrued pension under Regulation C4, the annual amount of that pension shall be calculated in accordance with Part III of this Schedule in like manner as the annual amount of a widow’s accrued pension except that, for the purposes hereof, the said Part III shall have effect as if—

(a) the reference in paragraph 1(1) thereof to a half of the husband’s deferred pension were a reference to whichever is the greater of the two following amounts, namely—

(i) an amount equal to a half of the appropriate proportion of that pension within the meaning of paragraph 3 of this Part, and

(ii) an amount equal to the husband’s average pensionable pay divided by 160 and multiplied by the period in years of so much of his pensionable service as is reckonable by reason of service or employment after 5th April 1978, and

(b) paragraph 3 thereof (election for flat-rate award) were omitted.

3.  In this Part the appropriate proportion means the proportion which the husband’s pensionable service reckonable by reason of service or employment after 5th April 1978 bears to his total pensionable service.