Part JSpecial Cases
Policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act 1975J1.
(1)
Provided that it shall not apply in the case of a regular policeman in respect of whom a transfer value has been, or is required to be, paid under Regulation F9.
(2)
In a case in which this Regulation applies the regular policeman shall be entitled to a pension of a weekly amount equal to his guaranteed minimum but no payment shall be made on account of the pension—
(a)
in respect of any period before he attains state pensionable age;
(b)
(c)
in respect of any period within the 5 years following his attaining state pensionable age during which he is serving as a regular policeman if either—
(i)
he has so served for a continuous period beginning before he attained that age, or
(ii)
he is entitled to a pension under Part B but for the period in question that pension has been withdrawn, in whole or in part, in pursuance of a decision taken by the police authority for the purposes of Regulation K4 before he attained state pensionable age.
(3)
Where a regular policeman is entitled both to a pension under Part B and a pension under paragraph (2) then—
(a)
for the purposes of paragraph (2)(b), in the case of a pension under Part B other than an injury pension, any secured portion thereof shall be disregarded but, subject as aforesaid, where he is entitled to both an injury pension and some other pension under Part B, those pensions shall be treated as a single pension;
(b)
in respect of any period in respect of which a payment is made on account of the pension under paragraph (2), no payment shall be made on account of the pension under Part B otherwise than, in the case of a pension other than an injury pension, on account of any secured portion thereof.
(4)
In a case in which this Regulation applies, where the regular policeman dies or has died at any time leaving a widow then, unless any pension to which he has been entitled has been forfeited under Regulation K5(2), she shall be entitled to a pension of a weekly amount equal to a half of his guaranteed minimum increased in accordance with Regulation E9 (increase by reference to the Pensions (Increase) Acts) but that entitlement shall cease if she remarries or has remarried before attaining the age of 60 years and no payment shall be made on account of the pension—
(a)
if she is also entitled to a pension under Part C, in respect of any period for which the amount of that pension exceeds the pension which, disregarding this sub-paragraph, would be payable hereunder, or
(b)
in respect of any period before she attains the age of 60 years during which she and a man to whom she is not married are living together as husband and wife.
(5)
Where a widow is entitled both to a pension under Part C and a pension under paragraph (4) then, in respect of any period in respect of which a payment is made on account of the pension under paragraph (4), no payment shall be made on account of the pension under Part C.
(6)
The following provisions shall apply in relation to a pension under this Regulation as hereinafter provided, that is to say—
(a)
Regulation B8 (commutation—small pensions) shall apply in relation to a pension under paragraph (2) as it applies in relation to a pension under Part B;
(b)
Regulation E4(3) (gratuity in lieu of widow’s pension) shall apply in relation to a pension under paragraph (4) as it applies in relation to a pension under Part C, and
(c)
Regulation K5 (forfeiture of pension) shall apply in relation to a pension under paragraph (2) or (4) as it applies in relation to a pension under Part B or C but as if paragraph (4) thereof were omitted,
but, save as aforesaid or as provided in paragraph (2) or (4), nothing in any other Regulation shall affect a person’s entitlement to a pension under this Regulation, the amount of such a pension or the circumstances in which it may be withdrawn or forfeited.