The Police Pensions Regulations 1987

Regulations B1, B2, B3 and B5

Part VIII Reduction of Pension Related to Up-Rating of Widow’s Pension

1.—(1) An ordinary, short service, ill-health or deferred pension payable to a man shall, in the cases hereinafter mentioned, be reduced in accordance with this Part except that a deferred pension payable in pursuance of paragraph 8(6)(b) of Part I of Schedule J shall not be so reduced.

(2) Any reference in this Part to a pension is a reference to a pension which falls to be reduced as aforesaid and any reference to police service is a reference to service as a member of a police force or of the Royal Ulster Constabulary.

2.—(1) Subject to sub-paragraph (2), this paragraph shall apply in the case of a man entitled to reckon pensionable service otherwise than—

(a) by reason of police service on or after 1st April 1972;

(b) by reason of police service before that date in respect of which he paid pension contributions at a rate related to 6.25% of his pensionable pay;

(c) by virtue of Regulation F3(1)(f) (British Airports Authority constabulary service), or

(d) by virtue of Regulation F6 (current interchange arrangements).

(2) Where the man was a regular policeman to whom Regulation 59 or 60 of the Regulations of 1973 applied (that is to say, where on 1st April 1973 either he was serving as such or, having retired on or after 1st April 1972, he was entitled to a pension) and he last paid pension contributions before 1st April 1972 at a rate related to 5% of his pensionable pay, this paragraph shall not apply unless either—

(a) he elected or agreed, under paragraph (2)(b) or (4)(a) of the said Regulation 59 or under paragraph (2)(b) of the said Regulation 60, that his pension be reduced, or

(b) pensionable service became reckonable by him on or after 1st April 1987 by virtue of Regulation F4, F5 or F7 (previous service and preserved interchange arrangements).

(3) The pension of a man in whose case this paragraph applies shall, subject to the provisions of this Part, be reduced by the percentage specified in the second column of the Table in paragraph 7 opposite the number of completed years of pensionable service he is entitled to reckon other than pensionable service falling within either or both of the following sub-paragraphs, namely—

(a) pensionable service reckonable as mentioned in sub-paragraph (1), and

(b) where (subject to Regulations F4(3) and F5(2)(c)) he elected under Regulation 58(3) or 59(3) of the Regulations of 1973 to pay further pension contributions or to make a further payment by way of a lump sum, pensionable service reckonable by him immediately before 1st April 1973 otherwise than by reason of police service on or after 1st April 1972.

3.—(1) Subject to sub-paragraph (2), this paragraph shall apply in the case of a man entitled to reckon pensionable service otherwise than—

(a) by reason of police service on or after 1st April 1972;

(b) by virtue of Regulation F3(1)(f), or

(c) by virtue of Regulation F6.

(2) Where the man was a regular policeman to whom Regulation 59 or 60 of the Regulations of 1973 applied, this paragraph shall not apply unless either—

(a) he elected or agreed, under paragraph (3)(b) or (4)(b) of the said Regulation 59 or paragraph (3)(b) of the said Regulation 60, that his pension be reduced, or

(b) pensionable service became reckonable by him, on or after 1st April 1987, by virtue of Regulation F4, F5 or F7.

(3) The pension of a man in whose case this paragraph applies shall be reduced by the percentage specified in the third column of the Table in paragraph 7 opposite the number of completed years of pensionable service he is entitled to reckon other than pensionable service falling within either or both of the following sub-paragraphs, namely—

(a) pensionable service reckonable as mentioned in sub-paragraph (1), and

(b) where (subject to Regulations F4(3) and F5(2)(c)) he elected under Regulation 58(2) or 59(3) of the Regulations of 1973 to pay additional contributions or to make an additional payment by way of a lump sum, pensionable service reckonable by him immediately before 1st April 1973 otherwise than by reason of police service on or after 1st April 1972.

4.  In calculating the amount of a reduction in a man’s pension under paragraph 2 or 3 no account shall be taken—

(a) of any service he is entitled to reckon as pensionable service by virtue of section 10 of the Police Pensions Act 1921(1), or

(b) of any service on or after 1st April 1956 which he is entitled to reckon as pensionable service by virtue of Regulation I7 and the proviso to Regulation I8(1) (relevant service in the armed forces).

5.  In calculating the amount of a reduction in a man’s pension under paragraph 2 or 3 no account shall be taken of any reduction in the amount of the pension in accordance with the provisions of Regulation B7 or B9 (commutation and allocation) or of Part VII of this Schedule (reduction at state pensionable age); and, where the pension falls to be reduced under both those paragraphs, for the purpose of calculating each reduction, no account shall be taken of the other reduction.

6.—(1) Where a man entitled to an ordinary pension was, immediately before he retired, paying additional or further contributions in pursuance of an election under Regulation 58(2) or (3) of the Regulations of 1973, the annual amount of his ordinary pension shall be reduced for the period mentioned in sub-paragraph (2) by the annual amount of those contributions immediately before his retirement, calculated by reference to his pensionable pay at that time so, however, that no account of the said reduction shall be taken for the purpose of calculating any other reduction in the pension under these Regulations.

(2) The period referred to in sub-paragraph (1) shall be one corresponding to that for which the additional or further contributions would have remained payable had the man not retired but starting, where the pension is not payable as from the date of his retirement, with the date from which it is payable.

7.  The following Table is that referred to in paragraphs 2 and 3:—

Table

Completed years of pensionable service taken into account	Percentage reduction in pension
	Under paragraph 2	Under paragraph 3
1 ... ... ... ...	0.2	0.2
2 ... ... ... ...	0.4	0.4
3 ... ... ... ...	0.5	0.5
4 ... ... ... ...	0.6	0.7
5 ... ... ... ...	0.8	0.8
6 ... ... ... ...	0.9	0.9
7 ... ... ... ...	1.0	1.0
8 ... ... ... ...	1.2	1.1
9 ... ... ... ...	1.3	1.2
10 ... ... ... ...	1.5	1.3
11 ... ... ... ...	1.6	1.4
12 ... ... ... ...	1.7	1.5
13 ... ... ... ...	1.8	1.6
14 ... ... ... ...	1.9	1.6
15 ... ... ... ...	2.0	1.7
16 ... ... ... ...	2.1	1.8
17 ... ... ... ...	2.2	1.9
18 ... ... ... ...	2.3	2.0
19 ... ... ... ...	2.4	2.0
20 ... ... ... ...	2.5	2.1
21 ... ... ... ...	2.6	2.1
22 ... ... ... ...	2.7	2.2
23 ... ... ... ...	2.8	2.2
24 ... ... ... ...	2.9	2.3
25 ... ... ... ...	2.9	2.3
26 ... ... ... ...	3.0	2.4
27 ... ... ... ...	3.1	2.4
28 ... ... ... ...	3.1	2.5
29 ... ... ... ...	3.2	2.5
30 or more ... ... ... ...	3.3	2.5

8.  Paragraph 6 has effect subject to paragraph 3 of Part VI of Schedule J.

(1)

1921 c. 31.