The Police Pensions (Supplementary Provisions) Regulations 1987

Regulation 4

Part II Amendment of Old Cases Regulations

At the end of Part IX of the Police Pensions Regulations 1971 there shall be added the following Regulation:—

“Transfer value payable under inter-change arrangements—application of Regulation F9 of the Police Pensions Regulations 1987

82A.— (1) If the police authority so determine in the case of a particular regular policeman—

(a) who retired on or after 5th July 1948,

(b) in whose case a transfer value, calculated in accordance with these or the former Regulations has not been paid, Regulation F9 of the Police Pensions Regulations 1987 (“the Regulations of 1987”) and Sections 1 and 3 of Part II of Schedule F thereto shall have effect as if set out herein but subject to the exceptions and modifications mentioned in paragraphs (2) and (3) and any other necessary modifications.

(2) Regulation F9 of the Regulations of 1987 shall have effect for the purposes hereof as hereinafter provided, namely, as if—

(a) in paragraph (1)(a) after the word “who” there were inserted the word “retired” and the words “retires or retired on or after 1st April 1972” were omitted, and

(b) the requisite payment mentioned in paragraph (5)(b) were one of an amount equal to that of the policeman’s award mentioned in paragraph (1)(a)(ii) when increased by an amount equal to compound interest thereon at the rate of 6% per annum, calculated with yearly rests, in respect of the period before 1st January 1974 beginning with the date he received the award.

(3) Section 1 of Part II of Schedule F to the Regulations of 1987 shall have effect for the purposes hereof as hereinafter provided, namely—

(a) subject as hereinafter provided, the notional pensions referred to in paragraph 1(1)(b) and (c) shall be calculated in accordance with the Regulations of 1987 but by reference to—

(i) the policeman’s average pensionable pay within the meaning of these Regulations, or

(ii) in the case of a policeman who retired before 1st July 1949, his pensionable pay within the meaning of the Police Pensions Regulations 1948 or the Police Pensions (Scotland) Regulations 1948;

(b) where immediately before his retirement the policeman was paying pension contributions at a rate related to 5% of his pensionable pay, the widow’s notional accrued pension referred to in paragraph 1(1)(c) shall not be less than would have been the widow’s ordinary pension which would have been payable to his widow under these or the former Regulations (as in force at the time of his retirement) had he died when he retired in circumstances entitling her to such an award, calculated however at the flat rate specified in Scheme I of the appropriate provision of the Regulations in question (as then in force);

(c) where immediately before his retirement the policeman was paying pension contributions at a rate related to 6.25% of his pensionable pay, the widow’s notional accrued pension shall be calculated as if, at the time of his retirement—

(i) Regulation 57 of the Police Pensions Regulations 1973 had been in force in place of such of the relevant provisions, as defined in paragraph (2) of the said Regulation 57, as were then in force, and

(ii) paragraph 2 of Part VIII of Schedule B to the Police Pensions Regulations 1987 had been in force in place of the corresponding provisions of these or the former Regulations, as were then in force, and, accordingly, for the purposes of that calculation any additional contributions that he may have paid or any reduction that may have fallen to be made under the said relevant or corresponding provisions shall be deemed to have been paid or have fallen to be made under the said Regulation 57 or paragraph 2, as the case may be, and

(d) the reference in paragraph 6 to Part I of Schedule F shall be construed as a reference to the corresponding provision of these or the former Regulations (as in force immediately before he ceased to be a member of his former force).

(4) This Regulation shall have effect as if anything done under or for the purposes of Regulation 85 of the Police Pensions Regulations 1973 as it had effect by virtue of paragraph (4) thereof had been done under or for the purposes of this Regulation.”.