18.—(1) A member of the police service—
(a)is in eligible service; and
(b)is eligible to be an active member of this scheme.
(2) While a person is a protected member of the existing police pension scheme, the person—
(a)is not in eligible service; and
(b)is not eligible to be an active member of this scheme.
(3) For the purpose of these Regulations, a member of the police service remains in eligible service during—
(a)a career break; and
(b)any other period of unpaid leave—
(i)that does not exceed 5 years; and
(ii)during which the employment relationship continues M1
(4) For the purpose of these Regulations, a member of a police force remains in eligible service during a period of permanent service unless during that period of permanent service P is in pensionable service in—
(a)an existing scheme M2 that relates to the armed forces or another scheme under section 1 of the Act that relates to the armed forces; or
(b)any other occupational pension scheme.
Marginal Citations
M1See regulation 19 (periods of unpaid leave) for periods of unpaid leave during which the employment relationship continues
M2See section 18(2) of the Act for the meaning of “existing scheme”
19.—(1) For the purpose of determining entitlement to payment of benefits to or in respect of a member of this scheme who falls within regulation 4(1)(a), the member is taken to be an active member of this scheme during the following periods of unpaid leave—
(a)a career break; and
(b)any other period of unpaid leave—
(i)that does not exceed 5 years; and
(ii)during which the employment relationship continues.
(2) For the purpose of these Regulations, the employment relationship continues during the following periods of unpaid leave—
(a)unpaid leave mentioned in regulation 171(1) (option to pay member contributions for period of unpaid leave) that does not exceed 5 years;
(b)unpaid sick leave that does not exceed 5 years;
(c)a career break;
(d)any other period of unpaid leave—
(i)that does not exceed 5 years; and
(ii)that is approved by the employer as a period in respect of which the employment relationship continues.
20. For the purpose of determining entitlement to payment of benefits to or in respect of a member of this scheme, the member is taken to be an active member of this scheme during a period of permanent service.