The Police (Compensation) Regulations 1965

Factors governing the payment of retirement compensation

22.—(1) A person entitled to retirement compensation under Regulation 16, 17 or 18 of these Regulations shall pay to the compensating authority an amount equal to any award by way of return of pension contributions received by him under the Police Pensions Regulations on ceasing to be a member of a police force but, where he has made the said payment to the compensating authority before becoming entitled to retirement compensation as aforesaid, that authority may, at his request before he becomes so entitled, refund the payment to him; and if the said payment is not made to the compensating authority, or is refunded by them, the compensation shall be reduced by an annual amount the capital value of which is equal to the amount of the said award under the Police Pensions Regulations.

(2) The provisions of the Police Pensions Regulations relating to the allocation of a pension, that is to say to the surrender by a regular policeman of a portion of his pension in favour of his wife or such other person as is substantially dependent on him, shall, subject to any necessary modifications have effect in relation to any retirement compensation as they have effect in relation to an ordinary or ill-health pension under the Police Pensions Regulations; and without prejudice to the generality of the preceding provisions of this paragraph—

(a) where before the date of the loss or diminution a member of a police force has, under the Police Pensions Regulations, given notice of allocation which has become effective, the said provisions shall apply as if the retirement compensation were an ordinary pension; and

(b) the said provisions shall apply as if any reference to the police authority included a reference to the compensating authority and as if any reference to retirement included a reference to a person becoming entitled to retirement compensation.

(3) Where a pension or notional pension under the Police Pensions Regulations by a reference to which any retirement compensation falls to be assessed would, under those Regulations, be reduced in respect of any period beyond the age of sixty-five years in the case of a man, or sixty years in the case of a woman, the retirement compensation shall be re-assessed on the person attaining that age, account being taken of the said reduction.

(4) Where a person to whom retirement compensation is payable is in employment in which he is subject to a pension scheme, then, as the compensating authority may think reasonable having regard to the said pension scheme, they may on awarding, or reviewing under Regulation 28 of these Regulations, the compensation reduce or withold so much thereof as is attributable to the provisions of Regulation 21(1)(b) of these Regulations.

(5) Where a person to whom retirement compensation is payable is, for any period, in such service or employment that if a pension were payable to him under the Police Pensions Regulations the police authority would be empowered to withdraw the whole or any part of the pension the compensating authority shall have the like power to withdraw the compensation.