The Police Pensions Regulations 1987

Awards on death of servicemen

I3.—(1) If a serviceman entitled to reckon 3 years' pensionable service—

(a) dies or has died during his period of relevant service in the armed forces, or

(b) having been permanently disabled for duty as a regular policeman at the end of the said period (without any intervening period of service as such) dies or has died either as a result of the same injury as resulted in his disablement or while in receipt of a pension,

his widow shall be entitled to a widow’s ordinary pension under Regulation C1 on the same conditions in all respects as if he were such a regular policeman as is mentioned in paragraph (1) of that Regulation, subject, however, to paragraphs (5) and (6) of this Regulation.

(2) If a serviceman dies during his relevant period of service in the armed forces and his widow is not entitled to a pension under paragraph (1), she shall, subject to paragraph (3), be entitled to a gratuity of an amount equal to her husband’s average pensionable pay.

(3) Where the death of a serviceman is the result of an injury received during his period of relevant service in the armed forces, in lieu of a gratuity under paragraph (2) (or, where he died before 1st April 1987, in lieu of a gratuity under the corresponding provision of the former Regulations) the police authority may, in their discretion, pay his widow a pension the amount whereof shall be the appropriate sum for the purposes of this paragraph, that is to say £7.28, increased in accordance with Regulation E10(6) (increase of flat-rate award), subject, however, to paragraphs (5) and (6) of this Regulation.

(4) If a serviceman—

(a) dies or has died during his period of relevant service in the armed forces, or

(b) having been permanently disabled for duty as a regular policeman at the end of the said period (without any intervening period of service as such) dies or has died while in receipt of a pension, or, being a person entitled to reckon not less than 3 years' pensionable service, dies or has died having received a gratuity,

then each of his children shall be entitled to a child’s ordinary allowance under Regulation D1 on the same conditions in all respects as if he were such a regular policeman as is mentioned in paragraph (1) of that Regulation, subject, however, to paragraphs (5) and (6) of this Regulation.

(5) Where the death of a serviceman is the result of an injury received during his period of relevant service in the armed forces, any pension or allowance payable in respect of him in pursuance of paragraph (1), (3) or (4) may, subject to the limitation in paragraph 2 or 3 of Schedule I, from time to time be increased at the discretion of the police authority.

(6) Without prejudice to anything in paragraph (1) or (4)—

(a) in relation to a widow’s pension or gratuity in pursuance of paragraph (1), (2) or (3), Regulation C8 (limitation on award to widow living apart from her husband and widow’s requisite benefit pension) and Regulation E7 (prevention of duplication) shall apply, and

(b) in relation to a child’s allowance in pursuance of paragraph (4), Regulation E7 shall apply,

as those Regulations apply in relation to the awards therein mentioned.