The Police Pensions Regulations 2015

PART 1Preliminary

1Citation and commencement

2Interpretation

PART 2Establishment of scheme for members of a police force

3Establishment of scheme

4Members of a home police force

5Members of a police force other than a home police force

6Meaning of “specified NCA officer”

PART 3Governance

7Police pension authority

8Alteration of police areas

9Scheme manager

10Scheme manager approval

12Scheme manager's obligation to pass on member's records

13Police Pension Boards: establishment

14Police Pension Boards: membership

15Police Pension Boards: procedure

16Police Pension Boards: conflicts of interest

17Payment of fees and expenses

18Scheme advisory board: establishment

19Scheme advisory board: membership

20Scheme advisory board: conflicts of interest

PART 4Scheme membership

CHAPTER 1Active membership

21Eligible service

22Periods of unpaid leave

23Period of permanent service

CHAPTER 2Automatic enrolment

24Application of Chapter

25Interpretation of Chapter

26Automatic enrolment

27Opting in to this scheme

28When an opt-in takes effect

29Automatic re-enrolment

30Opting out of this scheme

31Opting out before the end of the initial period of eligible service

32Opting out after the initial period of eligible service

CHAPTER 3Pensionable earnings and assumed pay

33Pensionable earnings

34Pensionable earnings during a period of assumed pay

CHAPTER 4Eligibility for payment of ill-health benefits

35Interpretation

36Determination of eligibility for payment of ill-health benefits

37Re-determination of eligibility for payment of ill-health benefits

38Reduced rate of member contributions

39Selected medical practitioner's report

40Appeal against selected medical practitioner's report

41Revised report by third registered medical practitioner

42Refusal to be medically examined

CHAPTER 5Deferred membership

43Meaning of “deferred member”

PART 5Pension accounts

CHAPTER 1Accrued pension

44Descriptions of accrued pension

45Calculation of amount of accrued pension for purpose of deferment or retirement

CHAPTER 2Calculation of adjustments

46Calculation of “retirement index adjustment”

47Calculation of “retirement PIA index adjustment”

48Determination of “the age addition”

49Determination of “the assumed age addition”

50Actuarial reduction on early payment of pension (early payment reduction)

51Late payment supplement

CHAPTER 3Pension accounts: general

52Establishment of pension accounts: general

53Closure and adjustment of pension accounts on transfer out

CHAPTER 4Active member's account

54Application of Chapter

55Establishment of active member's account

56Receipt of a transfer value payment

57Receipt of a club transfer value payment

58Amount of pension for a scheme year

59Opening balance, index adjustment, PIA index adjustment and age addition

60Closure and re-establishment of active member's account

61Active member's account to remain open during periods of unpaid leave

62Adjustment of active member's account after period of unpaid family leave or unpaid sick leave

CHAPTER 5Deferred member's account

63Application of Chapter

64Establishment of deferred member's account

65Provisional amount of deferred pension

66Adjustment of provisional amount

67Closure of deferred member's account after gap in service not exceeding 5 years

CHAPTER 6Retirement account

68Establishment of retirement account

69Amount of retirement earned pension and retirement added pension

70Closure of retirement account

CHAPTER 7Pension accounts for pension credit members

71Establishment of pension credit member's account

72Other pension accounts

PART 6Retirement pensions payable on grounds of permanent medical unfitness

CHAPTER 1General

73Police pension authority

74Medical unfitness

75Permanent medical unfitness

76Decision of selected medical practitioner

77Refusal to be medically examined or attend interviews

78A report under this Part

CHAPTER 2Compulsory ill-health retirement

79Application of Chapter

80Former member of home police force

81Referral of medical questions for purpose of regulation 82

82Compulsory retirement on grounds of permanent medical unfitness

83Compulsory retirement of member who was required to continue to serve

84Compulsory retirement void if appeal successful

CHAPTER 3Early payment of full retirement pension on grounds of permanent medical unfitness

85Application of Chapter

86Referral of medical questions for purpose of early payment of a full retirement pension on grounds of permanent medical unfitness

PART 7Retirement benefits

CHAPTER 1General

87Application of Part

88Qualifying service

89Descriptions of full retirement pension

CHAPTER 2Full retirement benefits

90Entitlement to full retirement pension (active members)

91Entitlement to full retirement pension (deferred members)

92Claim for payment of full retirement pension (active members)

93Notice period for active members

94Full retirement pension payable at member's state pension age (deferred members)

95Full retirement pension payable early on grounds of permanent medical unfitness (deferred members)

96Claim for early payment of full retirement pension otherwise than on grounds of permanent medical unfitness (deferred members)

97Members who have been dismissed or required to resign

98Annual rate of full retirement pension (active members)

99Annual rate of full retirement pension (deferred members)

100Full retirement pension ceasing to be payable

CHAPTER 3Ill-health pension

101Payment thresholds

102Entitlement to payment of ill-health pension

103Payment of ill-health pension

104Annual rate of ill-health pension under this scheme

105Deferment of added pension attributable to recent payments

CHAPTER 4Reduction of ill-health benefits

106Referral of medical question for purpose of reduction of benefits

107Reduction of pension in case of default

108Refusal to be medically examined

109Decision of scheme manager void if appeal against decision of selected medical practitioner is successful

CHAPTER 5Review of ill-health benefits

110Review of lower tier ill-health pension

111Cancellation of lower tier ill-health pension if medical unfitness ceases

112Entitlement to enhanced upper tier ill-health pension following claim for payment

113Entitlement to enhanced upper tier ill-health pension following periodic review

114Review and cancellation of enhanced upper tier ill-health pension

115Cancellation of ill-health pension: failure to receive appropriate medical treatment

116Review and cancellation of full retirement pension which came into payment early on grounds of permanent medical unfitness

117Referral of medical questions for purpose of a review

118Refusal to be medically examined

119Decision of scheme manager void if appeal against decision of selected medical practitioner is successful

CHAPTER 6Payment options

120Options under this Chapter

121Exercising an option under this Chapter

122Option to buy out early payment reduction

123Option to defer payment of retirement added pension

124Option to commute part of pension

PART 8Benefits for pension credit members

125Interpretation

126Entitlement to pension credit member's pension

127Claim for payment of pension credit member's pension

128Payment of pension credit member's pension

129Annual rate of pension credit member's pension

130Pension credit member's rights

131Option for pension credit member to commute part of pension

132Option for pension credit member to commute whole pension (serious ill-health)

PART 9Death benefits

CHAPTER 1Application of Part

133Application of Part

CHAPTER 2Pensions for surviving adults

134Surviving adults

135Meaning of “surviving adult partner”

136Meaning of “surviving adult's pension”

137Entitlement to surviving adult's pension

138Surviving adult's pension payable in respect of pension debit member

139Annual rate of surviving adult's pensions payable on death of pensioner member

140Annual rate of surviving adult's pensions payable on death of deferred member

141Annual rate of surviving adult's pensions payable on death of active member

142Reduction in pensions in cases of wide age disparity

CHAPTER 3Pensions for eligible children

143Meaning of “eligible child's pension”

144Meaning of “eligible child”

145Eligible child's pension

146Annual rate of eligible child's pension

CHAPTER 4Payment of pensions for surviving adults and eligible children

147Payment of pensions under this Part

148Suspension and recovery of pensions paid under this Part

149Provisional payment of eligible child's pension: later adjustments

150Adjustment of benefits to comply with FA 2004 where members die over 75

151Guaranteed minimum pensions for surviving spouses and civil partners

CHAPTER 5Nominations for lump sum death grants

152Nominations for lump sum death grants

153Invalid nominations of individuals

154Recovery of payment if nomination found to be invalid

CHAPTER 6Payment of lump sum death grants

155Payment of lump sum death grants: general

156Persons who may be paid lump sum death grant

157Pension protection lump sum death benefit

158Payment of pension instead of lump sum death grant for members who have reached 75

CHAPTER 7Amount of lump sum death grant

159Meaning of “final pay”

160Meaning of “annualised final pay”

161Amount of lump sum death grant payable on death of active member

162Amount of lump sum death grant payable on death of pension credit member

163Amount payable under court order to former spouse or civil partner

CHAPTER 8Death gratuities

164Application of Chapter

165Death gratuities - dependants

166Death gratuity – estate

CHAPTER 9Prevention of duplication of benefits

167Payment of one benefit only in respect of deceased member

PART 10Contributions

168Amount of pensionable earnings

169Annualised rate of pensionable earnings

170Rate of member contributions

171Payment of member contributions

172Option to pay member contributions for period of unpaid leave

173Payment of member contributions for unpaid leave

174Employer contributions

175Deduction of payments for added pension under Schedule 3

176Refund of all member contributions and payments for added pension made by the member

177Member repays refund of contributions on rejoining this scheme

PART 11Transfers

CHAPTER 1Preliminary

178Application of Part

179Interpretation of Part

CHAPTER 2Transfers out

180Transfer payments made to other schemes or pension arrangements

181Application for a statement of entitlement

182Statement of entitlement

183Request for transfer payment to be made

184Calculating the amount of a transfer value or club transfer value

185Request for transfer out after member repays to scheme manager a refund received under regulation 184

186Effect of transfers out

CHAPTER 3Transfers in

187Application of Chapter

188Interpretation of Chapter

189Request for acceptance of a transfer payment

190Transfer statement

191Amount of transferred pension

192Club transfer statement

193Amount of club transfer earned pension

CHAPTER 4NI and Scotland transfers

194Interpretation

195Transfers out

196Transfers in

PART 12Actuarial valuations and employer cost cap

197Appointment of scheme actuary and actuarial valuations

198Employer cost cap

PART 13Supplementary

CHAPTER 1Dual capacity members

199Meaning of “dual capacity member”

200Payment of benefits to or in respect of a dual capacity member

CHAPTER 2Payment of benefits: general

201Reduction in pension debit member's benefits

202Late payment of retirement index adjustment or retirement PIA index adjustment

203Commutation of small pensions

CHAPTER 3Guaranteed minimum pensions

204Interpretation and application

205Guaranteed minimum under section 14 of PSA 1993

206Contracting–out rights

CHAPTER 4Appeals in relation to payment of benefits

207Appeals to Crown Court

208Appeals to Secretary of State

209Limitation on appeals against decision of scheme manager

CHAPTER 5Forfeiture and set-off

210Pension supervising authority

211Forfeiture: offences committed by members

212Forfeiture: offences committed by a member's beneficiary

213Forfeiture: relevant monetary obligations and relevant monetary losses

215Forfeiture and set-off: procedure

216Forfeiture: appeals to Crown Court

217Forfeiture: appeals to Secretary of State

CHAPTER 6Payment and deduction of tax

218Scheme manager to be scheme administrator for purposes of Part 4 of Finance Act 2004

219Payment on behalf of members of lifetime allowance charge

220Reduction of benefits where lifetime allowance charge payable

221Information about payment of annual allowance charge

222Reduction of benefits where annual allowance charge paid by scheme manager

CHAPTER 7General

223General prohibition on unauthorised payments

224Calculation of periods of membership and service

225Procedure on appeals to the Secretary of State

226Evidence of entitlement

227Provision of benefit information statements to members

228Transitional provisions

SCHEDULE 1Medical decisions: appeals and reconsideration

1Interpretation

2Appeal against decision of a selected medical practitioner

3Referral of final decision for reconsideration

4Referral of final decision by court or tribunal

5Referral to appointed medical practitioner

6Appointment of appeal board

7Procedure and costs on appeals to appeal board

8Hearing the appeal

9Written evidence or a written statement

10Costs payable if hearing is cancelled, adjourned or postponed

11Costs payable on decision

SCHEDULE 2Progressive medical conditions

Alzheimer's disease;

Creutzfeld-Jacob disease;

Huntington's chorea;

Motor neurone disease;

Multiple sclerosis;

Nieman Pick disease;

Non-variant Creutzfeld-Jacob disease;

Parkinson's disease; and

Variant Creutzfeld-Jacob disease.

SCHEDULE 3Payments for added pension

1Interpretation

2Meaning of “overall limit of added pension”

3Amount of accrued added pension may not exceed overall limit of added pension

4Refund of overpayments

PART 2Exercising the added pension option

5Added pension option exercisable by member

PART 3Periodical payments for added pension

6Application of Part

7Member's option to make periodical payments for added pension

8Cancellation of option by member

9Periodical payments

10Amount of added (self only) pension for a scheme year (periodical payments)

11Amount of added (all beneficiaries) pension for a scheme year (periodical payments)

PART 4Lump sum payments for added pension made by member

12Application of Part

13Member's option to make a lump sum payment for added pension

14Payment by lump sum from the compensation scheme

15Statement of amount of added pension

16Amount of added (self only) pension (lump sum payment)

17Amount of added (all beneficiaries) pension (lump sum payment)

SCHEDULE 4Transitional provisions

1Interpretation

2Meaning of “tapered protection closing date”

3Pensionable service under a police scheme

4Continuity of service (1987 transition members)

5Continuity of service (2006 transition members)

6Meaning of “active member” of the 1987 scheme or the equivalent NI police pension scheme

7Meaning of “active member” of the 2006 scheme or the equivalent NI police pension scheme

8Meaning of “active member” of an existing scheme

PART 2Exceptions for full protection members of the 1987 scheme

9Meaning of “full protection member” (the 1987 scheme)

10Exception for full protection member during protection period

11Active member of the 1987 scheme on scheme closing date

PART 3Exceptions for full protection members of the 2006 scheme

12Meaning of “full protection member” (the 2006 scheme)

13Exception for full protection member during protection period

14Active member of the 2006 scheme on scheme closing date

PART 4Exceptions for tapered protection members of the 1987 scheme

15Meaning of “tapered protection member” (the 1987 scheme)

16Exception for tapered protection members during protection period

17Active member of the 1987 scheme on scheme closing date

PART 5Exceptions for tapered protection members of the 2006 scheme

18Meaning of “tapered protection member” (the 2006 scheme)

19Exception for tapered protection members during protection period

20Active member of the 2006 scheme on scheme closing date

PART 6Payment of ill-health pension to transition members with continuity of service

21Meaning of “ill-health pension” in relation to the existing police pension scheme

22Meaning of “normal pension age under the existing police pension scheme”

23Transition member who has not reached normal pension age under the existing police pension scheme

24When transition member reaches normal pension age under the existing police pension scheme

PART 7Payment of death benefits in respect of transition members with continuity of service

25Annual rate of surviving adult's pension payable under this scheme when a 1987 transition member dies as a pensioner member

26Annual rate of surviving adult's pension payable under this scheme when a 2006 transition member dies as a pensioner member

27Annual rate of surviving adult's pension payable under this scheme when a 1987 transition member dies as a deferred member

28Annual rate of surviving adult's pension payable under this scheme when a 2006 transition member dies as a deferred member

29Annual rate of surviving adult's pension payable under this scheme when a 1987 transition member dies as an active member

30Annual rate of surviving adult's pension payable under this scheme when a 2006 transition member dies as an active member

31Payment of eligible child's pension in respect of any transition member

32Lump sum death grant payable on death of active member

33Death gratuities - dependants

34Death gratuity – estate

PART 8Transitional provisions relating to the existing police pension scheme

35Pensionable service under the existing police pension scheme

36Becoming a deferred member of the existing police pension scheme

37Qualifying for benefits on retirement under the existing police pension scheme

38Refund of contributions under the existing police pension scheme

39Calculation of weighted accrual for service in the 1987 scheme

40Calculation of lump sum under the 1987 scheme

41Declaration under existing police pension scheme continues to have effect

42Nomination under existing police pension scheme continues to have effect

PART 9Transfer of final salary benefits

43Meaning of “final salary benefits”

44Acceptance of club transfer value payments

45Joining this scheme or the 2006 scheme

PART 10Pensionable service after the scheme closing date

46Transition member with continuity of service

47Active member of the 1988 NI police pension scheme on scheme closing date who joins 1987 scheme

48Active member of the 1988 NI police pension scheme on scheme closing date who joins 2006 scheme

49Active member of the 1987 scheme on scheme closing date

50Deferred member of the 1987 scheme on scheme closing date

51Active member of the 2009 NI police pension scheme on scheme closing date

52Active member of the existing Scotland scheme on the scheme closing date

53Active member of an existing scheme on the scheme closing date

2015 No. 445

Public Service Pensions, England And Wales

The Police Pensions Regulations 2015

Made27th February 2015

Laid before Parliament5th March 2015

Coming into force1st April 2015

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(g) M1, 2(1), 3(1), (2) and (3)(a) and (c), 4(3) and (5) as read with 4(1), 5(2)(c) as read with 5(1), 7(2) as read with 7(1), 8(1)(a) M2, 12(6) and (7) M3, 18(5) to (7) and 25(2) of, and paragraph 7 of Schedule 2, Schedule 3, and paragraphs 1(2)(ii), 2(2)(ii) and 5(1) of Schedule 7 to, the Public Service Pensions Act 2013 M4.

In accordance with section 21 of that Act, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.