The Police Pensions (Amendment) Regulations 1992

Statutory Instruments

1992 No. 1343

POLICE

The Police Pensions (Amendment) Regulations 1992

Made

5th June 1992

Laid before Parliament

10th June 1992

Coming into force

1st July 1992

In exercise of the powers conferred on me by section 1 of the Police Pensions Act 1976(1), and after consultation with the Police Negotiating Board for the United Kingdom, I hereby with the consent of the Treasury(2) make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Police Pensions (Amendment) Regulations 1992 and shall come into force on 1st July 1992.

(2) In these Regulations “the principal Regulations” means the Police Pensions Regulations 1987(3).

Part-time service

2.  Schedule A to the principal Regulations is amended—

(a) by inserting after the definition of “aggregate pension contributions”—

““the appropriate factor” means, in relation to part-time service, the factor which was the appropriate factor within the meaning of regulation 5(5) or (6) of the Police Regulations 1987(4) as it applied by virtue of paragraph 1 of Schedule 1A to those Regulations;”;

(b) by inserting after the definition of “overseas service”—

““part-time service” means service as a regular policeman performed pursuant to an appointment under regulation 8A of the Police Regulations 1987;”.

Current service and previous service reckonable without payment

3.—(1) Regulation F2(4) of the principal Regulations is amended by inserting after the words “subject to” the words “paragraph 8 of Part IV and”.

(2) Regulation F3 of the principal Regulations is amended by inserting after paragraph (2)—

“(3) Paragraph (1)(a) has effect subject to paragraph 8 of Part IV of Schedule J.”.

(3) Part IV of Schedule J to the principal Regulations is amended by inserting after paragraph 7—

“Part-time service

8.— (1) This paragraph applies in the case of a regular policeman who has spent one or more periods in part-time service.

(2) For the purposes of regulations F2(1) and F3(1)(a) (reckonability of certain service as pensionable), a period of part-time service is to be multiplied by the appropriate factor.

(3) For the purposes of sub-paragraph (2) a period of part-time service is to be taken to have ended, and another such period to have begun, on the occurrence of any change in the appropriate factor.”.

Pensionable and average pensionable pay

4.—(1) Regulation G1(1) of the principal Regulations is amended by inserting after the words “that rate” the words “, except that during a period of part-time service in a rank below that of superintendent it means so much of his pay at that rate as is attributable to his determined hours (within the meaning of regulation 5(5) of the Police Regulations 1987 as applied by virtue of paragraph 1 of Schedule 1A to those Regulations)”.

(2) Regulation G1(9) of the principal Regulations is amended by inserting after the words “subject to” the words “paragraph 4 of Part VI and”.

(3) Part VI of Schedule J to the principal Regulations is amended by inserting after paragraph 3—

“Part-time service

4.— (1) This paragraph applies in the case of a regular policeman who during the year ending with the relevant date (within the meaning of regulation G1) spent one or more periods in part-time service.

(2) The average pensionable pay of such a regular policeman is to be calculated as if his pensionable pay in respect of any such period of part-time service had been pay at the rate to which a regular policeman of the same rank who was not in part-time service would have been entitled.”.

Policeman’s deferred pension

5.—(1) Part VI of Schedule B to the principal Regulations is amended by inserting after paragraph 1—

“1A.   Paragraph 1(b) has effect subject to paragraph 8A of Part I of Schedule J.”.

(2) Part I of Schedule J to the principal Regulations is amended by inserting after paragraph 8—

“Part-time service

8A.— (1) This paragraph applies to a person who, immediately before he became entitled to a deferred pension, was in part-time service.

(2) In calculating such a person’s hypothetical pension for the purposes of Part VI of Schedule B it is to be assumed that he would have continued in part-time service and that there would have been no change in the appropriate factor.”.

Kenneth Clarke

One of Her Majesty’s Principal Secretaries of State

Home Office

1st June 1992

We consent

Irvine Patnick

Tim Wood

Two of the Lords Commissioners of Her Majesty’s Treasury

5th June 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Police Pensions Regulations 1987 so as to modify the calculation of pensions in cases where there has been part-time service (introduced by concurrent amendments to the Police Regulations 1987).

The definitions inserted by regulation 2 refer to the Police Regulations 1987 as amended. Part-time appointments may be made under regulation 8A of those Regulations; for ranks below superintendent, the “appropriate factor” is, by reference to the period covered by a duty roster, the number of hours the holder of such an appointment is required to work divided by the number of hours required of a full-time policeman; for higher ranks sharing duties, the factor is one half.

Regulation 3 requires part-time service to be multiplied by that factor in reckoning pensionable service.

Regulation 4 requires pay during part-time service to be scaled up to a full-time equivalent in calculating average pensionable pay.

An assumption of continuing service is one element in the calculation of a deferred pension. Regulation 5 requires continuing part-time service to be assumed where a policeman’s final service was part-time.

(1)

1976 c. 35, amended by the Police Negotiating Board Act 1980 (c. 10), section 2(3).

(2)

Formerly the Minister for the Civil Service; see S.I. 1971/1670.

(3)

S.I. 1987/257; relevant amendments were made by S.I. 1990/805.

(4)

S.I. 1987/851; relevant amendments are made by S.I. 1992/1278.