The Police Pensions Regulations 2006

Previous service reckonable on payment

13.—(1) There shall be reckonable by a regular police officer as pensionable service, in the circumstances specified in this regulation, the periods so specified before he last joined or rejoined the force before the relevant date, subject to his having made to the police authority the appropriate payment in accordance with the provisions of paragraph (4).

(2) Where he previously ceased to serve as a regular police officer without the payment of a pension or a transfer value (and without entitlement to a deferred pension) and has rejoined his force or become a regular police officer in another force in which he is or was serving on the relevant date the period shall be any period of pensionable service reckonable by him at the time he so ceased to serve.

(3) In a case falling within paragraph (2), the appropriate payment shall be—

(a) a sum equal to any award by way of repayment of aggregate pension contributions which he may have received on so ceasing to serve; and

(b) where the appropriate payment is made more than a year after receipt of any such award, interest from the date of receipt of the award calculated at the rate of 5 per cent per year, compounded with yearly rests.

(4) The person concerned shall, by notice in writing given to the police authority within a period ending—

(a) six months (or such longer period as the police authority in their discretion may allow) after the date on which he joined or rejoined the force in which he is serving on the relevant date, or

(b) on the day, if earlier, on which he last serves as a regular police officer,

inform the police authority that he wishes to make the payment referred to in paragraph (1):

Provided that, where the person concerned dies before the end of the period specified in this paragraph without having given such notice, he shall be deemed to have given such notice.

(5) On receipt of the notice referred to in paragraph (4) the police authority shall determine the amount due under paragraph (3) and give written notice of that amount to the person concerned.

(6) Where a regular police officer undertakes to make an appropriate payment in accordance with paragraph (1), payment shall be made by regular instalments of such amount that the payment of the sum will be completed within a period of two years beginning with the date on which he receives the written notice referred to in paragraph (5), save that where the police authority are satisfied that completion of the payment within that period is causing, or is likely to cause, financial hardship they may allow such longer period as they may determine:

Provided that he may at any time discharge his liability under the undertaking, in whole or in part, by paying the whole or part of the balance of the sum then outstanding.

(7) Subject to paragraphs (8) and (9), any payment under this regulation shall be made by the police officer to the police authority of the force in which he is serving when the payment falls to be made and, without prejudice to any other method of payment, the liability to make any such payment may be discharged by way of a deduction by the authority from his pay.

(8) If, before he has discharged his liability under the undertaking, a regular police officer retires under regulation 21 or dies, all further liability under that undertaking shall cease and his liability shall be deemed to have been fully discharged.

(9) If, before he has discharged his liability under the undertaking, a regular police officer retires otherwise than under regulation 21 with an award other than one of the amount of his aggregate pension contributions in respect of the relevant period of service, the police authority by whom the award is payable shall be empowered to deduct the balance of the sum then outstanding from payments on account of the award.

(10) This regulation has effect subject to regulation 14.