The Police Pensions (Amendment) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Police Pensions Regulations 1987 “the principal Regulations”), and amend transitional provisions in the Police Pensions (Amendment) Regulations 1990 (“the 1990 Regulations”).

Regulation 2 re-defines the expression “the material date”, by reference to which the service credit resulting from the receipt of a transfer value is in certain cases to be calculated under the principal Regulations. The date of receipt of the transfer value becomes “the material date” only if it is more than 12 months later than the date on which the person concerned entered pensionable police service.

Regulation 3 amends transitional provisions in the 1990 Regulations for calculating transfer values paid in respect of police service before 6th April 1988. The calculation is to be made as specified in those provisions only where payment is made to a scheme which is not, or is not in material respects similar to, a statutory scheme.

Both these Regulations and the 1990 Regulations have effect as from 6th April 1988 (retrospection is authorised by section 1(5) of the Police Pensions Act 1976). The amendments made to the principal Regulations by regulation 3 of the 1990 Regulations and by regulation 2 of these Regulations are framed so as to apply in relation to pensions of, or in respect of, persons who left pensionable police service, or died, before the amending instruments came into force; the pensions could in some cases be adversely affected. Regulation 4 of these Regulations gives persons placed in a worse position the opportunity, required by section 3(2) of the 1976 Act, to elect that the relevant amendment is not to apply.