The Police Pensions Regulations 1987

1.—(1) The period of pensionable service reckonable by a regular policeman under Regulation F6 by virtue of the receipt of a transfer value by the police authority shall be calculated in accordance with this Section and the Table set out in Section 3 of this Part of this Schedule by reference to—

(a) the amount of the transfer value and of any increase therein by way of interest subject, however, to sub-paragraph (4);

(b) his age in years at the date mentioned in sub-paragraph (2), (3) or (4), whichever applies in his case;

(c) his pensionable emoluments within the meaning of the sub-paragraph in question;

(d) the provisions of Part VII of Schedule B relating to reduction of pension at state pensionable age, and

(e) where he, on ceasing to be in his former service, had a guaranteed minimum in relation to the pension provided by his former superannuation arrangements, the amount of that guaranteed minimum;

and any reference in this Section to the policeman’s age or pensionable emoluments shall be construed accordingly.

(2) Subject to sub-paragraph (4), this sub-paragraph shall apply where—

(a) by reason of his former service the policeman was subject to superannuation arrangements which—

(i) were contained in a public general Act of Parliament or were made under such an Act by a Minister of the Crown, or

(ii) were contained in Northern Ireland legislation being public general legislation or were made under such legislation by a Minister of the Crown (including a Northern Ireland Minister) or by a Northern Ireland ministry, department or head of department, or

(b) the police authority are satisfied that the transfer value was calculated in like manner as under some such superannuation arrangements as aforesaid;

and, in such case, the policeman’s age for the purposes of sub-paragraph (1)(b) shall be his age on ceasing to be in his former service and his pensionable emoluments for the purposes of sub-paragraph (1)(c) shall be the annual value of the emoluments (including averaged emoluments) in relation to which the transfer value was calculated or would have been calculated if part thereof had not been disregarded on account of provisions of the superannuation arrangements connected with state retirement pensions under section 28 of the Social Security Act 1975(1).

(3) Subject to sub-paragraph (4), in a case in which sub-paragraph (2) does not apply, the policeman’s age for the purposes of sub-paragraph (1)(b) and his pensionable emoluments for the purposes of sub-paragraph (1)(c) shall be, respectively, his age and his annual pensionable pay as a regular policeman—

(a) on his becoming such, where the transfer value is received within 12 months of his ceasing to be in his former service, or

(b) on the date the transfer value is received, where it is received later.

(4) Where pensionable service reckonable under Regulation F6 is so reckonable by virtue of paragraph (3) of that Regulation in the case of a regular policeman who became such before 1st April 1972, then, notwithstanding the preceding provisions of this paragraph—

(a) if, before or within 3 months of receiving the transfer value the police authority are notified that, inclusive of any increase by way of interest, it would have been of a different amount, specified by the payor thereof, had it been calculated and paid on 1st January 1974, then, for the purposes of this Section the transfer value shall be treated as though it were of the amount so specified;

(b) the policeman’s age for the purposes of sub-paragraph (1)(b) shall be his age on 1st January 1974, and

(c) his pensionable emoluments for the purposes of sub-paragraph (1)(c) shall be his annual pensionable pay as a regular policeman on 1st January 1974 or, if he was not serving as such on that date, on the date on which he first thereafter became a regular policeman.

(5) In this Section any reference to the Table is a reference to the Table set out in Section 3 of this Part of this Schedule and any reference to the appropriate factor specified in a column of that Table is a reference to the factor specified in the column in question in relation to the policeman’s age within the meaning of sub-paragraph (1)(b).

(6) In this Section any reference to a policeman’s former service is a reference to the service in respect of which the transfer value is paid.

(1)

1975 c. 14.