9. The pensionable service reckonable by an officer—
(a)to whom paragraph 1 applies and who has made an election in accordance with paragraphs 6 and 7;
(b)to whom paragraph 2 applies;
(c)to whom paragraph 3 applies and who has made an election in accordance with paragraphs 4 and 5; or
(d)such as is mentioned in regulation 4(3), who cancels his election in the circumstances mentioned in regulation 4(4) but does not make a transfer election under regulation 4(8),
shall be determined in accordance with regulations 8 to 13, except that regulation 13 (reckoning of service for purposes of awards) shall have effect as if there were inserted in paragraph (1) after the words “35 years”—
“less the total pensionable service he was entitled to reckon under the 1988 Regulations, calculated in accordance with paragraphs (3) and (4), at the time—
(a)of his retirement with an entitlement to—
(i)an ordinary pension under regulation B1; or, as the case may be,
(ii)a short service award under regulation B2;
(iii)a deferred pension under regulation B5, or
(iv)an award by way of repayment of aggregate pension contributions under regulation B6,
of the 1988 Regulations, or
(b)in a case falling within paragraph 9(d) of Schedule 2, when he cancelled his election in the circumstances mentioned in regulation 4(4)”; and
(e)there were added at the end—
“(3) For the purposes of paragraph (1), the total pensionable service which a police officer was entitled to reckon at the time mentioned in paragraph (1)(a)(i), (ii), (iii) or (iv) or (b), as the case may be, shall be calculated by the Board as the sum of—
(a)the pensionable service he was entitled to reckon under Part F of the 1988 Regulations at that time multiplied by the appropriate conversion factor—
(i)where he has not yet attained the age of 55 years, applicable to his age next birthday at the notional commencement of pension contributions under the 1988 Regulations, or
(ii)where he has attained the age of 55 years, applicable to the number of years’ qualifying service as a police officer he had completed as at the time of his retirement mentioned in paragraph (1)(a), (b), (c) or (d), as the case may be,
given in the following table—
TABLE OF CONVERSION FACTORS
If under age 55 Age next birthday at notional commencement of pension contributions under the 1988 Regulations | If aged 55 or above Number of years’ qualifying service completed at date of retirement mentioned in paragraph (1) | Periods with full spouse benefit | For female officers, periods with no spouse benefit |
|---|---|---|---|
| 25 and below | 30 | 7/6ths | 113% |
| 26 | 29 | 115% | 111% |
| 27 | 28 | 113% | 109% |
| 28 | 27 | 111% | 107% |
| 29 | 26 | 108% | 104% |
| 30 | 25 | 105% | 104% |
| 31 | 24 | 102% | 98% |
| 32 | 23 | 99% | 95% |
| 33 | 22 | 96% | 92% |
| 34 | 21 | 92% | 88% |
| 35 and above | 20 or fewer | 88% | 84% |
and
(b)in the case of a police officer such as is mentioned in paragraph 9(c) of Schedule 2 who had elected to purchase increased benefits in accordance with the Police Pensions (Purchase of Increased Benefits) Regulations 1988(1), such additional sixtieths as he was entitled to reckon under regulation 8(2) of those Regulations immediately before his retirement, multiplied by the conversion factor of 88%.
(4) For the purposes of paragraph (3)—
(a)“age next birthday at the notional commencement of pension contributions under the 1988 Regulations”, means the age he would attain on the birthday following the date on which he would have attained an exact age determined by subtracting the length of his qualifying service under the 1988 Regulations from his exact age on the date when he commenced paying contributions under these Regulations; and
(b)“qualifying service” and “qualifying service under the 1988 Regulations” mean the period in years he was entitled to reckon as pensionable service under the 1988 Regulations, except that where some or all of the service he was so entitled to reckon was part-time service it means the period in years he would have been entitled to reckon as pensionable service if in any period of part-time service he had served full-time.”
S.R. 1988 No.379; relevant amendments were made by S.R. 1990 No.411 and S.R. 2004 No.384