The Police Pensions Regulations 2015

Paragraph (4) applies in relation to a person (P) in service as a member of a police force in England and Wales (“the original police force”) who becomes a member of another police force in England and Wales (“the new police force”).

A person in pensionable service under this scheme in relation to the original police force continues in pensionable service under this scheme when P becomes a member of the new police force.

Paragraph (6) applies in relation to a person (P) who is a member of the police service in Northern Ireland or the Police Service of Scotland who becomes a member of a police force in England and Wales (“the new police force”).

A person in pensionable service under the 2015 NI police pension scheme or the 2015 Scotland police pension scheme begins pensionable service under this scheme when P becomes a member of the new police force.

A person in eligible service who is not in pensionable service under this scheme may opt to become an active member of this scheme in relation to that eligible service.

The option under this regulation may only be exercised by written notice to the scheme manager (“opt-in notice”).

The option under this regulation is taken to be exercised on the date on which the opt-in notice is received by the scheme manager54.

If P opts out of this scheme within 12 months after opting in, P may not opt in again until after the end of that period of 12 months.

A person who was in pensionable service before beginning a career break or any other period of unpaid leave is taken to re-enter pensionable service when returning from the career break or other period of unpaid leave.

This regulation applies if, on the automatic re-enrolment date, a person in eligible service is not in pensionable service under this scheme.

On the automatic re-enrolment date, the scheme manager must enrol P in this scheme in relation to that eligible service if the employer is required under section 5 (automatic re-enrolment) of the Pensions Act 200855 to make arrangements for P to be an active member of a pension scheme.

A person (P) opts out of this scheme in relation to eligible service if P opts not to be an active member of this scheme in relation to that service.

P may only exercise the option under paragraph (1) by written notice to the scheme manager (“opt-out notice”).

The option is taken to be exercised on the date on which the opt-out notice is received by the scheme manager.

If paragraph (1)(a) applies, P is taken never to have been in pensionable service under this scheme in relation to that eligible service.

If paragraph (1)(b) applies, P is taken not to have been in pensionable service under this scheme during the period referred to in paragraph (1)(b).

This regulation does not require the scheme manager to pay P any additional amount which becomes payable by P in respect of national insurance contributions because P has not after all been an active member of this scheme during any period.

This regulation applies for the purpose of these Regulations, other than for the purpose of calculating the rate of member contributions under Part 10 (contributions).

For a person in service as a member of a home police force, the rate of pay to which the member is entitled is the rate of pay to which the member is entitled as such a member.

For a person in service as a member of a police force in England and Wales other than a home police force, the rate of pay to which the member is entitled is the rate of pay to which the member is entitled under the member’s terms and conditions of employment.

For the purpose of this Chapter, the likely cost of providing a person with benefits under this scheme is disproportionately high if it is more than 50% greater than the likely cost of providing benefits under this scheme to a person who has not been identified as presenting a risk of retiring on grounds of permanent medical unfitness.

Before P joins this scheme, the scheme manager may require P to submit to an examination by a selected medical practitioner in order that the scheme manager may determine P’s eligibility under this scheme for payment of ill-health benefits.

If the scheme manager requires P to submit to an examination under this regulation, the scheme manager, by applying the opinion set out in the final medical report and advice from the scheme actuary, must determine whether the risk that P will retire on grounds of permanent medical unfitness (“the risk”) is such that the likely cost of providing P with benefits under this scheme is disproportionately high.

P is ineligible under this scheme for payment of ill-health benefits if the scheme manager determines under this regulation that the risk is such that the likely cost of providing P with benefits under this scheme is disproportionately high.

If the scheme manager determines under this regulation that the risk is such that the likely cost of providing P with benefits under this scheme is not disproportionately high, P is eligible under this scheme for payment of ill-health benefits from the first day of pensionable service under this scheme.

A person to whom this regulation applies by virtue of paragraph (1)(b) must pay any fee charged for an examination or report under this regulation.

This regulation applies in relation to a person (P) who is ineligible under this scheme for payment of ill-health benefits.

The scheme manager may require P to submit to an examination by a selected medical practitioner in order that the scheme manager may re-determine P’s eligibility under this scheme for payment of ill-health benefits.

If the scheme manager requires P to submit to an examination under this regulation, the scheme manager, by applying the opinion set out in the final medical report and advice from the scheme actuary, must determine whether the risk that P will retire on grounds of permanent medical unfitness (“the risk”) is such that the likely cost of providing P with benefits under this scheme is disproportionately high.

If the scheme manager determines under this regulation that the risk is such that the likely cost of providing P with benefits under this scheme is not disproportionately high, P is eligible under this scheme for payment of ill-health benefits from the date of that determination.

A reduced member contributions rate applies to an active member of this scheme who is ineligible under this scheme for payment of ill-health benefits.

If the scheme manager determines under regulation 37 (re-determination of eligibility for payment of ill-health benefits) that the member is eligible under this scheme for payment of ill-health benefits, the reduced member contributions rate ceases to apply from the date of that determination.

In this regulation, “reduced member contributions rate” means a reduced rate of member contributions which applies to the member under Part 10 (contributions).

A selected medical practitioner who examines a person (P) under this Chapter must send a report (“the selected medical practitioner’s report”) to the scheme manager giving an opinion on the likelihood and likely timing of P becoming permanently medically unfit for performing the ordinary duties of a member of the police force.

A copy of the selected medical practitioner’s report must be given to P.

Subject to an appeal under regulation 40 (appeal against selected medical practitioner’s report), for the purpose of this Chapter the selected medical practitioner’s report is the final medical report.

The selected medical practitioner must send a revised report to the scheme manager and to P.

Subject to regulation 41, for the purpose of this Chapter that revised report is the final medical report.

If P within 28 days after receiving the selected medical practitioner’s revised report gives written notice to the scheme manager that P is dissatisfied with the opinion contained in the revised report, the scheme manager must appoint a third registered medical practitioner to examine P.

The third registered medical practitioner must send the scheme manager and P a written statement giving an opinion on the likelihood and likely timing of P becoming permanently medically unfit for performing the ordinary duties of a member of the police force.

This regulation applies in relation to a member of a police force in England and Wales who opts under Chapter 2 (automatic enrolment) to become an active member of this scheme.

The scheme manager may make a determination under this Chapter on such evidence and medical advice as the scheme manager in its discretion thinks necessary if the member wilfully or negligently fails to submit to any medical examination or to attend any interviews that a medical practitioner considers necessary in order to make a decision or give an opinion under this Chapter.

A person (P) becomes a deferred member of this scheme in relation to a continuous period of pensionable service under this scheme (“period of service”) if paragraph (2) or (4) applies.

For the purpose of this regulation, a person on a period of unpaid leave during which the employment relationship continues58 ceases to be an active member if the period of leave exceeds 5 years.

For the purpose of calculating an amount of retirement earned pension or retirement added pension or the provisional amount of a description of deferred pension, the amount of accrued pension is an amount calculated in accordance with this regulation.

The amount of accrued club transfer earned pension is to be calculated separately in relation to each sending scheme.

The retirement index adjustment for an amount of accrued earned pension is—

The retirement index percentage is—

$A\times \frac{B}{12}$

• where—

• A means—

  1. a

     for accrued club transfer earned pension, the in-service revaluation index that applies in relation to the sending scheme for the leaving year; and

  2. b

     for accrued standard earned pension, the in-service revaluation index that applies in relation to this scheme for the leaving year;

• B is the number of complete months in the period between the beginning of the leaving year and the end of the last day of pensionable service; and

• “complete month” includes an incomplete month that consists of at least 16 days.

The retirement PIA index adjustment for an amount of accrued added pension is calculated in accordance with paragraph (2).

At the beginning of the scheme year, for each description of pension, the scheme manager in accordance with actuarial guidance must determine the age addition to be awarded for that scheme year by reference to the opening balance of that description of pension for the previous scheme year.

In these Regulations, “the age addition” means an additional amount of pension determined by reference to the proportion of the previous scheme year for which a member had reached normal pension age under this scheme.

For each description of accrued pension specified in the account, the scheme manager in accordance with actuarial guidance must determine the assumed age addition to be awarded.

In these Regulations—

• “actuarial reduction” means a reduction determined by the scheme manager in accordance with actuarial guidance or actuarial tables; and

• “early payment reduction” means an actuarial reduction that is applied under paragraph (1).

The scheme manager must establish and maintain one or more pension accounts for each member of this scheme in accordance with this Part.

References in these Regulations to any amount specified in a pension account are references to the amount that is required by these Regulations to be so specified and not, if different, the amount actually so specified.

Paragraph (1) does not require the scheme manager to close an account that includes amounts to which the transfer payment does not relate or is not attributable.

An account that is not closed because of paragraph (2) must be adjusted as the scheme manager considers appropriate to reflect the extinguishment of rights under this scheme59.

The scheme manager must establish a pension account for a member who is in pensionable service under this scheme from the day on which the member begins that pensionable service.

For the purpose of these Regulations, an account established under paragraph (1) is called an active member’s account.

This regulation applies if a transfer value payment is received from another pension scheme (other than a connected scheme) in relation to an active member of this scheme.

On receiving the transfer value payment, the scheme manager must credit the active member’s account with the amount of transferred pension calculated under regulation 191 (amount of transferred pension).

This regulation applies if a club transfer value payment is received from another club scheme in relation to an active member of this scheme.

On receiving the club transfer value payment, the scheme manager must credit the active member’s account, in relation to the sending scheme, with the amount of club transfer earned pension the member is entitled to count under regulation 193 (amount of club transfer earned pension).

This regulation applies in relation to each scheme year in which an active member’s account is open.

The active member’s account must specify, in relation to each description of pension, the amount of that description of pension for the scheme year.

The amount of club transfer earned pension for a scheme year must be specified separately in relation to each sending scheme.

The amount of transferred pension for a scheme year is the amount (if any) which the member is entitled to count under regulation 191 (amount of transferred pension) for that year.

The amount of club transfer earned pension for a scheme year is the amount (if any) which the member is entitled to count under regulation 193 (amount of club transfer earned pension) for that year.

The amount of added pension of any description for a scheme year is the amount (if any) credited to the active member’s account in that scheme year under Chapter 3 or 4 of Schedule 3 (payments for added pension).

For the purpose of paragraph (4), in respect of a period of assumed pay under this scheme, “pensionable earnings” means the member’s assumed pay.

This regulation applies in relation to each scheme year in which an active member’s account is open other than the scheme year in which that account is established.

The active member’s account must be closed and a deferred member’s account opened if a period of unpaid leave other than a career break exceeds 5 years.

This regulation applies in respect of an active member of this scheme who opts to pay member contributions under regulation 172 (option to pay member contributions for period of unpaid leave) on the return from a period of unpaid leave mentioned in that regulation.

On payment of the full amount of contributions for the period of unpaid leave, the active member’s account is to be adjusted so that for the period of unpaid leave the member is taken to receive pensionable earnings at the rate that applied at the beginning of the period of unpaid leave.

If the member does not pay the full amount by the end of the payment period under regulation 173(1) (payment of member contributions for unpaid leave), the active member’s account is to be adjusted so that for the period determined by the scheme manager under regulation 173(4) the member is taken to receive pensionable earnings at the rate that applied at the beginning of the period of unpaid leave.

This Chapter applies in relation to a continuous period of pensionable service under this scheme.

For a person who is a deferred member of this scheme in relation to 2 or more continuous periods of pensionable service, this Chapter applies separately in relation to each of those periods of service.

This regulation applies when an active member of this scheme becomes a deferred member of this scheme in relation to a continuous period of pensionable service.

For the purpose of these Regulations, an account established under paragraph (2)(b) is called a deferred member’s account.

The deferred member’s account must specify the provisional amount of each description of deferred pension.

The retirement index adjustment is not applied in relation to an amount of accrued earned pension if a transfer payment was made before the end of the last active scheme year in respect of the member’s rights to that accrued pension.

In this regulation—

• “relevant accrued earned pension” means—

  1. a

     for a deferred standard earned pension, accrued standard earned pension;

  2. b

     for a deferred club transfer earned pension, accrued club transfer earned pension.

• “relevant accrued added pension” means—

  1. a

     for a deferred added (self only) pension, accrued added (self only) pension; and

  2. b

     for a deferred added (all beneficiaries) pension, accrued added (all beneficiaries) pension.

This regulation applies when a deferred member of this scheme in relation to a continuous period of pensionable service becomes entitled to payment for life of a full retirement pension for that period of service.

This regulation applies when a deferred member of this scheme in relation to a continuous period of pensionable service re-enters pensionable service under this scheme after a gap in service not exceeding 5 years.

This regulation applies in relation to a continuous period of pensionable service under this scheme.

For a person who is a pensioner member of this scheme in relation to 2 or more continuous periods of pensionable service, this Chapter applies separately in relation to each of those periods of service.

For the purpose of these Regulations, an account established for a pensioner member under paragraph (3)(b) is called a retirement account.

The retirement account must specify the amount of retirement earned pension and retirement added pension.

The scheme manager must establish a pension account for each pension credit member of this scheme (“the pension credit member’s account”).

If a pension credit is derived from 2 or more pension debit members, the scheme manager must establish a pension credit member’s account in relation to each pension debit member.

On the establishment of the pension credit member’s account, the accounts established under this Part for the pension debit member must be reduced by the relevant amount.

In this regulation—

• “amount of credited pension” means an amount equal to the pension credit calculated in accordance with regulations made under paragraph 5(b) of Schedule 5 to WRPA 1999; and

• “relevant amount” is the amount determined by the scheme manager in accordance with actuarial guidance having regard to—

  1. a

     the cash equivalent that would have been payable under Chapter 2 of Part 4A (requirements relating to pension credit benefit: transfer values) of PSA 199362 in respect of the pension credit member’s right to benefits under this scheme attributable (directly or indirectly) to the pension credit; and

  2. b

     sections 29 (creation of pension credits and debits) and 31 (reduction of benefit) of WRPA 1999.

In these Regulations—

• “infirmity” means a disease, injury, or medical condition, and includes a mental disorder, injury or condition;

• “injury” includes any injury or disease, whether of body or of mind; and

• “medical unfitness”, in relation to a member of a police force or a former member of a police force, means inability occasioned by infirmity of mind or body—

  1. a

     to perform the ordinary duties of a member of the police force; or

  2. b

     to engage in any regular employment.

For the purpose of this Part, “ordinary duties of a member of the police force” in relation to a former member of a home police force means the ordinary duties of a member of the home police force.

For the purpose of deciding whether or not the member’s medical unfitness is likely to be permanent, the member is taken to receive normal appropriate medical treatment.

In this regulation, “appropriate medical treatment” does not include medical treatment that the police pension authority acting in exercise of its functions as scheme manager decides is reasonable for the member to refuse.

The member may appeal under regulation 207 (appeals to Crown Court) or 208 (appeals to Secretary of State) against a decision of the police pension authority as to whether a refusal to accept medical treatment is reasonable.

This regulation applies for the purpose of this Part.

This regulation applies if, under regulation 82(2)(b) (compulsory retirement on grounds of permanent medical unfitness), the police pension authority requires the member to continue to serve as a member of a police force.

The police pension authority, at any time in its discretion it determines, may consider whether the member’s medical unfitness has ceased, significantly worsened or significantly improved.

The selected medical practitioner must examine or interview the member as the selected medical practitioner thinks appropriate.

If the selected medical practitioner decides that the member continues to be medically unfit for performing the ordinary duties of a member of the police force, the selected medical practitioner does not need to decide if that medical unfitness is likely to be permanent.

The selected medical practitioner must give the police pension authority and the member a report containing the decisions on the questions referred under paragraph (3).

The police pension authority must require the member to retire on the ground that the member is permanently medically unfit for performing the ordinary duties of a member of the police force if, after considering all the relevant circumstances and all the advice and information available to the police pension authority, the police pension authority determines that the member ought to retire.

This Chapter applies in relation to a member of a police force who is a deferred member of this scheme.

For the purpose of paragraph (1), “early payment” means payment before the member reaches the member’s state pension age64.

This Part applies in relation to retirement benefits payable in respect of a continuous period of pensionable service under this scheme (“period of service”).

In calculating the member’s qualifying service, a period of part-time service under this scheme or under the existing police pension scheme counts as if it were a period of full-time service.

On becoming entitled to payment for life of a retirement earned pension, P is entitled to payment for life of a retirement added pension of any description if the retirement account specifies an amount of retirement added pension of that description.

A deferred member of this scheme is entitled to payment for life of a retirement earned pension if paragraph (2), (3) or (4) applies.

On becoming entitled to payment for life of a retirement earned pension, P is entitled to payment for life of a retirement added pension of any description if the deferred member’s account specifies a provisional amount of the relevant deferred added pension.

This regulation applies in relation to an active member of this scheme.

If the member claims payment of the pension before reaching normal pension age under this scheme, the notice must state if the member has opted to buy out the early payment reduction.

A full retirement pension calculated under regulation 98 (active members) is payable to the member in respect of each month as from the member’s last day of eligible service.

For the purpose of this regulation, a person engaged on relevant service under section 97 of PA 1996 is deemed to hold the rank to which the member is entitled to revert at the end of the period of relevant service.

Unless this regulation provides otherwise, a member of a police force other than a home police force must give notice of intent to claim the pension in accordance with the notice period that applies under the member’s terms and conditions of employment in relation to termination of service.

The scheme manager may in its discretion accept a shorter notice period determined by the scheme manager.

This regulation applies in relation to a deferred member of this scheme who becomes entitled under regulation 91(2) to payment of a full retirement pension on reaching the member’s state pension age.

For the purpose of an appeal to the Crown Court under regulation 207 or an appeal to the Secretary of State under regulation 208, the member is taken to claim payment of the full retirement pension when the member reaches the member’s state pension age.

A full retirement pension calculated under regulation 99 (deferred members) is payable to the member in respect of each month as from the day on which the member reaches the member’s state pension age.

This regulation applies in relation to a deferred member of this scheme who becomes entitled under regulation 91(3) to payment of a full retirement pension on grounds of permanent medical unfitness.

A full retirement pension calculated under regulation 99 (deferred members) is payable to the member in respect of each month as from the date on which the member is taken to claim payment of the pension under paragraph (2).

A deferred member of this scheme who claims early payment of a full retirement pension otherwise than on grounds of permanent medical unfitness must give at least one month’s notice of intent to claim payment of the pension.

The claim for payment of the pension may only be made by written notice to the scheme manager.

A full retirement pension calculated under regulation 99 (deferred members) is payable to the member in respect of each month as from the date specified in the notice.

This paragraph applies if the member has at least 2 years’ qualifying service or a transfer payment otherwise than from another occupational pension scheme has been received by this scheme in relation to the member.

If paragraph (2) does not apply, the member is entitled to a refund of all member contributions and payments for added pension under Part 10 (contributions).

This regulation applies when an active member of this scheme becomes entitled to payment for life of a full retirement pension.

The annual rate of any description of full retirement pension is calculated without subtracting the early payment reduction if the member buys out the early payment reduction in relation to that description of full retirement pension.

This regulation applies when a deferred member of this scheme becomes entitled to payment for life of a full retirement pension.

A full retirement pension ceases to be payable to a member who re-enters pensionable service under this scheme within 28 days after the last day of the service in relation to which the pension was payable.

A member of this scheme meets the upper tier threshold for payment of an ill-health pension (“upper tier threshold”) under this Chapter if the selected medical practitioner gives a report under Part 6 containing the decision that the member is permanently medically unfit for engaging in any regular employment.

An active member of this scheme who has not reached normal pension age under this scheme is entitled to payment for life of an ill-health pension under this Chapter if the conditions in paragraph (2) are met.

A retirement added pension of any description is payable with a lower tier ill-health pension if the retirement account specifies an amount of retirement added pension of that description.

For a transition member with continuity of service, a transition member’s ill-health pension is payable under paragraph 23 of Schedule 4.

For a pensioner member who becomes entitled to an enhanced upper tier ill-health pension under regulation 112 or 113, an ill-health pension is payable in accordance with that regulation.

For the purpose of an appeal to the Crown Court under regulation 207 or an appeal to the Secretary of State under regulation 208, an active member of this scheme is taken to claim payment of an ill-health pension under this Chapter on the date on which the member is required to retire under Part 6.

An ill-health pension under this Chapter is payable to the member in respect of each month as from the date on which the member is required to retire under Part 6.

The annual rate of ill-health pension under this scheme71 is calculated as follows72.

The annual rate of a lower tier ill-health pension is calculated in the same way as the annual rate of retirement earned pension73 is calculated under regulation 98 (annual rate of full retirement pension (active members)), but without subtracting the early payment reduction.

The annual rate of any retirement added pension payable with a lower tier ill-health pension is calculated in the same way as it is calculated under regulation 98 (annual rate of full retirement pension (active members)), but without subtracting the early payment reduction.

The annual rate of an enhanced upper tier ill-health pension payable to a member whose aggregate period of service is 5 years or more is—

For a member whom the scheme manager determines under regulation 37 (re-determination of eligibility for payment of ill-health benefits) is eligible under this scheme for payment of ill-health benefits, the member’s continuous period of pensionable service under this scheme is taken to begin on the date of that determination.

In calculating a member’s aggregate period of service, a period of part-time service under this scheme or under the 2006 scheme counts as if it were a period of full-time service.

In calculating a member’s assumed period of pensionable service (“the assumed period”), the member is taken to be in part-time service during the assumed period for the same proportion of time as the member was in part-time service during the member’s aggregate period of service.

This regulation applies if the scheme manager is considering the exercise of powers under regulation 107 (reduction of pension in case of default).

The scheme manager must refer to a selected medical practitioner for decision the question whether the person has brought about or substantially contributed to the medical unfitness by the person’s own default.

The decision of the selected medical practitioner on the question referred under this regulation must take the form of a report.

A copy of the report must be given to the scheme manager and to the member.

The scheme manager may reduce the amount of full retirement pension or ill-health pension under this scheme by an amount not exceeding a half of that to which the member would otherwise be entitled if the selected medical practitioner gives a report on the question referred under regulation 106 (referral of medical question for purpose of reduction of benefits) containing the decision that the member has become medically unfit by the member’s own default.

For the purpose of this regulation, the selected medical practitioner may decide that the member has become medically unfit by the member’s own default if, in the opinion of the selected medical practitioner, the member has brought about, or has substantially contributed to, the member’s medical unfitness.

When the member reaches the member’s state pension age, if the reduced pension is less than the amount of full retirement pension that would have been payable to the member under regulation 91(2) had the member reached the member’s state pension age when the member left eligible service, the scheme manager must increase the pension to that amount.

The member may appeal under regulation 207 (appeals to Crown Court) or 208 (appeals to Secretary of State) against the decision of the scheme manager to reduce a pension under this regulation.

The scheme manager may periodically review whether P’s medical unfitness has ceased or significantly worsened.

A periodic review under paragraph (2) may be carried out at any time the scheme manager in its discretion determines.

The scheme manager must carry out a review as to whether P’s medical unfitness has ceased or significantly worsened if the scheme manager is notified that P’s medical unfitness has worsened.

In carrying out a review under paragraph (2) or (4), the scheme manager must refer the questions in 117(2) (referral of medical questions for purpose of a review: lower tier ill-health pension) to a selected medical practitioner for decision.

In this regulation, “medical unfitness” means inability occasioned by infirmity of mind or body to perform the ordinary duties of a member of the police force.

P is entitled to payment of an enhanced upper tier ill-health pension from the claim date, calculated in accordance with regulation 104 (annual rate of ill-health pension under this scheme) and payable in accordance with this regulation in addition to the lower tier ill-health pension.

The enhanced upper tier ill-health pension is payable in respect of each month as from the claim date.

P is not taken to claim payment of an enhanced upper tier ill-health pension if the claim date is more than 5 years after the date on which P became entitled to payment for life of the lower tier ill-health pension.

The time limit in paragraph (4) does not apply if P’s medical unfitness is attributable to a progressive medical condition which, of its nature, could have been expected, as at the time of P’s retirement, to affect P with increasing severity.

In this regulation—

• “claim date” means the date on which the scheme manager is notified that P’s medical unfitness has worsened; and

• “progressive medical condition” means—

  1. a

     a medical condition specified in Schedule 2 (progressive medical conditions); or

  2. b

     a medical condition specified on a list published by the Secretary of State for the purpose of this regulation.

P is entitled to payment of an enhanced upper tier ill-health pension from the claim date, calculated in accordance with regulation 104 (annual rate of ill-health pension under this scheme) and payable in accordance with this regulation in addition to the lower tier ill-health pension.

P is not entitled to payment of an enhanced upper tier ill-health pension under this regulation if the claim date is more than 5 years after the date on which P became entitled to payment for life of the lower tier ill-health pension.

The time limit in paragraph (3) does not apply if P’s medical unfitness is attributable to a progressive medical condition which, of its nature, could have been expected, as at the time of P’s retirement, to affect P with increasing severity.

The enhanced upper tier ill-health pension is payable in respect of each month as from the claim date.

In this regulation, “claim date” means the date on which the scheme manager refers the questions in regulation 117(2) (referral of medical questions for purpose of a review: lower tier ill-health pension) to a selected medical practitioner for decision.

The scheme manager may periodically review whether the person’s medical unfitness has ceased or significantly improved.

A review may be carried out at intervals of no less than 5 years as the scheme manager in its discretion determines.

The scheme manager must refer the questions in regulation 117(3) (referral of medical questions for purpose of a review: enhanced upper tier ill-health pension) to a selected medical practitioner for decision.

If the selected medical practitioner gives a report on the questions referred under regulation 117(3) containing the decision that P has ceased to be medically unfit for engaging in any regular employment, P ceases to be entitled to payment of the enhanced upper tier ill-health pension.

In paragraph (2), “medical unfitness” means inability occasioned by infirmity of mind or body to engage in any regular employment.

In this regulation—

• “appropriate medical treatment” does not include medical treatment that the scheme manager decides is reasonable for P to refuse75; and

• “medical unfitness” means inability occasioned by infirmity of mind or body to perform the ordinary duties of a member of the police force.

The scheme manager may periodically review whether P’s medical unfitness has ceased.

A review may be carried out at intervals of no less than 5 years as the scheme manager in its discretion determines.

The scheme manager must refer the questions in regulation 117(4) (referral of medical questions for purpose of a review: full retirement pension) to a selected medical practitioner for decision.

If the selected medical practitioner gives a report on the questions referred under regulation 117(4) containing the decision that the member has ceased to be medically unfit for engaging in any regular employment, the scheme manager must cease to make payments of the full retirement pension from the beginning of the next pay period.

In this regulation, “medical unfitness” means inability occasioned by infirmity of mind or body to engage in any regular employment.

This regulation applies in relation to the following reviews.

Where the scheme manager is considering whether the medical unfitness of a person receiving payment of a full retirement pension which came into payment early on grounds of permanent medical unfitness has ceased, the scheme manager must refer the question whether the person continues to be medically unfit for engaging in any regular employment to a selected medical practitioner for decision.

If the selected medical practitioner decides that the question mentioned in paragraph (2)(a) or a question mentioned in paragraph (3) or (4) is answered in the affirmative, the selected medical practitioner does not need to consider the question as to the likelihood of that medical unfitness continuing permanently.

The decision of the selected medical practitioner on a question referred under this regulation must take the form of a report.

A copy of the report must be given to the scheme manager and to the member.

A member may exercise an option under this Chapter by written notice to the scheme manager.

In this Chapter, “option notice” means a notice by which a member exercises an option under this Chapter.

The member may opt under this regulation to buy out the early payment reduction that would otherwise apply to the calculation of the annual rate of full retirement pension.

The employer, in relation to an active member or a deferred member in eligible service, may make a special payment using a lump sum payable to the member under the compensation scheme if the employer determines that such a payment would assist the economical, effective and efficient management of its functions having taken account of the costs likely to be incurred in the particular case.

The cost of buying out the early payment reduction is an amount determined by the scheme manager in accordance with actuarial guidance.

Any special payment made by a member must be made in accordance with the requirements of the scheme manager.

In this regulation, “the compensation scheme” means the scheme contained in the determination made under regulation 14A of the 2003 Regulations (Annex DA) providing for payment of a compensation lump sum to a member of a police force on voluntary retirement.

This regulation applies in relation to a member of this scheme who, on or after reaching normal pension age under this scheme, becomes entitled to payment for life of a retirement added pension of any description.

The member may opt under this regulation to defer payment of the retirement added pension of that description.

The member is entitled to payment for life of the retirement added pension of that description when the member claims payment of that pension.

A member may only claim payment of a pension under this regulation by giving at least one month’s written notice to the scheme manager.

The notice must specify the date from which payment of the pension is claimed.

The annual rate of retirement added pension is calculated in accordance with regulation 99 (annual rate of full retirement pension (deferred members)).

A member who becomes entitled to payment for life of a full retirement pension or an ill-health pension may opt under this regulation to exchange part of the pension for a lump sum.

An option under this regulation may only be exercised before the first payment of the pension is made.

If a member exercises the option, for every £1 by which the amount of the member’s annual rate of full retirement pension or ill-health pension is reduced, the member must be paid a lump sum of £12.

The lump sum may not be more than 25% of the amount advised by the scheme actuary as representing the cash value of the pension.

A member may not exchange pension for lump sum under this regulation to the extent that it would result in a scheme chargeable payment for the purposes of Part 4 of FA 2004 (see section 241 of that Act).

If paragraph (7) applies, the member may opt to exchange only so much of the pension that exceeds the guaranteed minimum, multiplied by such factor as is indicated for a person of the member’s description in actuarial tables.

This paragraph applies if the member has a guaranteed minimum under section 14 of PSA 1993 in relation to the whole or part of a pension as a result of receipt by this scheme of a transfer payment from another pension scheme in respect of which the member had such a guaranteed minimum.

This Part applies in relation to death benefits payable in respect of a continuous period of pensionable service under this scheme (“period of service”).

The scheme manager may in its discretion accept a shorter period of cohabitation if satisfied in the particular circumstances of the case that the member and P would have cohabited as partners for at least 2 years had the member not died.

The member or P may revoke a declaration at any time by giving a signed notice to the scheme manager in any form the scheme manager requires.

On receipt of a declaration or notice under this regulation, the scheme manager must send the member a written notification of its receipt.

The scheme manager may in its discretion withhold a surviving adult’s pension that would otherwise be payable to a surviving spouse if the member and the surviving spouse were married less than 6 months before the member’s death.

The scheme manager may in its discretion withhold a surviving adult’s pension that would otherwise be payable to a surviving civil partner if the civil partnership was formed less than 6 months before the member’s death.

Paragraphs (3) and (4) are subject to regulation 151 (guaranteed minimum pensions for surviving spouses and civil partners).

This regulation applies on the death of a pensioner member of this scheme (P).

The annual rate of a surviving adult’s earned pension is an amount equal to 50% of the annual rate of retirement earned pension calculated without subtracting the early payment reduction (if any).

The annual rate of a surviving adult’s lower tier ill-health pension is an amount equal to 50% of the annual rate of P’s lower tier ill-health pension.

The annual rate of a surviving adult’s enhanced upper tier ill-health pension is an amount equal to 50% of the annual rate of P’s enhanced upper tier ill-health pension.

The annual rate of a surviving adult’s added pension is an amount equal to 50% of the annual rate of retirement added (all beneficiaries) pension calculated without subtracting the early payment reduction (if any).

In accordance with section 7(4) of PIA 1971, for the purposes of this regulation there is to be disregarded any increase in the annual rate of a pension since the beginning date for that pension.

This regulation applies on the death of a deferred member of this scheme.

The annual rate of a surviving adult’s earned pension is an amount equal to 50% of the sum of the provisional amount of deferred earned pension specified in the deferred member’s account.

The annual rate of a surviving adult’s added pension is an amount equal to 50% of the provisional amount of deferred added (all beneficiaries) pension specified in the deferred member’s account.

This regulation applies on the death of an active member of this scheme who has at least 2 years’ qualifying service.

The annual rate of a surviving adult’s earned pension is an amount equal to 50% of the annual rate of ill-health pension under this scheme that would have been payable to the member on the date of the member’s death had the member met the upper tier threshold.

The annual rate of a surviving adult’s added pension is an amount equal to 50% of the amount of retirement added (all beneficiaries) pension that would have been specified in the member’s retirement account had the member become entitled to payment for life of such a pension on the date of the member’s death.

This regulation applies if, on the death of a member of this scheme, a surviving adult’s pension becomes payable to a surviving adult who is more than 12 years younger than the member.

In these Regulations, “eligible child”, in relation to a deceased member of this scheme, means a person mentioned in paragraph (2) who meets one of the conditions in paragraph (3).

This regulation applies if a member of this scheme dies leaving an eligible child.

An eligible child’s pension is only payable in respect of such period or periods during which a child or young person is an eligible child.

An eligible child’s pension is not payable in respect of any period before a child’s birth.

The annual rate of an eligible child’s pension is determined by reference to the annual rate of the corresponding surviving adult’s pension (disregarding any reduction falling to be made under regulation 142 (wide age disparity)) whether or not a surviving adult’s pension becomes payable on the death of the member.

If an eligible child’s pension is payable in respect of one or 2 eligible children, the annual rate of eligible child’s pension is equal to 50% of the annual rate of the corresponding surviving adult’s pension.

If an eligible child’s pension is payable in respect of 3 or more eligible children, the annual rate of eligible child’s pension payable to each eligible child is equal to the appropriate fraction of 50% of the annual rate of the corresponding surviving adult’s pension.

In this regulation, “the appropriate fraction” means $\frac{2}{Y}$where—

• Y is the number of eligible children in respect of whom the annual rate of eligible child’s pension is calculated.

In calculating the annual rate of eligible child’s pension payable on the death of a pension debit member of this scheme, the reduction of the pension debit member’s benefits under section 31 of WRPA 1999 is disregarded.

A surviving adult’s pension is payable in respect of each month as from the date of the member’s death.

A person who receives a sum under paragraph (3) must apply that sum for the benefit of the child.

Paragraph (2) does not affect any other right the scheme manager has to recover a payment or an overpayment.

The scheme manager may adjust the amount of pension payable in respect of each eligible child to take account of the matters in paragraph (1)(c).

Paragraph (2) does not affect any right the scheme manager has to recover a payment or an overpayment.

The benefit payable to the person may be adjusted in any way as determined by the scheme manager so that it qualifies as a dependants’ scheme pension for the purposes of section 167 of FA 2004.

This regulation applies in relation to a person (P) who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member who has a guaranteed minimum under section 17 of PSA 1993 in relation to the member’s benefits under this scheme.

Nothing in these Regulations permits or requires anything that would cause requirements under PSA 1993 that relate to such a person or that relate to the rights of such a person not to be met in relation to P.

Nothing in these Regulations prevents anything from being done which is necessary or expedient for the purpose of meeting such requirements in relation to P.

The following paragraphs are without prejudice to the generality of paragraphs (2) and (3).

If apart from this regulation the weekly rate of a pension payable to P under this Part would be less than the guaranteed minimum, the pensions payable are increased to the amount specified in paragraph (5).

A member of this scheme may nominate an individual to receive a lump sum death grant.

A nomination may only be made by giving a signed notice to the scheme manager in a form the scheme manager requires.

A member may revoke or alter a nomination by giving a further signed notice to the scheme manager in a form the scheme manager requires.

On receipt of a notice under this regulation, the scheme manager must send the member a written notification of its receipt.

If the nomination of an individual is invalid, any lump sum death grant that would have been payable to the individual is payable to the member’s legal personal representative.

The scheme manager may determine that the nomination of an individual is invalid if the individual is convicted of manslaughter of the member or any other offence (apart from murder) of which the unlawful killing or wounding of the member is an element.

The scheme manager may recover a lump sum death grant paid to any person if the person’s nomination is subsequently found to be invalid.

Paragraph (1) does not affect any other right the scheme manager has to recover a payment or an overpayment.