The Police Pensions Regulations 2015

PART 1 U.K. Preliminary

Citation and commencement U.K.

1.—(1) These Regulations—

(a) may be cited as the Police Pensions Regulations 2015; and

(b) apply to members of a police force in England and Wales.

(2) These Regulations come into force on 1st April 2015.

Interpretation U.K.

2.—(1) In these Regulations—

“the Act” means the Public Service Pensions Act 2013;

“FA 2004” means the Finance Act 2004 M1 ;

“PA 1995” means the Pensions Act 1995 M2 ;

“PA 1996” means the Police Act 1996;

“PIA 1971” means the Pensions (Increase) Act 1971 M3 ;

“PRSPA 2011” means the Police Reform and Social Responsibility Act 2011 M4 ;

“PSA 1993” means the Pension Schemes Act 1993 M5 ;

“WRPA 1999” means the Welfare Reform and Pensions Act 1999 M6 ;

“the 2003 Regulations” means the Police Regulations 2003 M7 ;

“the 1988 NI police pension scheme” means the scheme constituted by the Royal Ulster Constabulary Pensions Regulations 1988 M8 ;

“the 1987 scheme” means the scheme constituted by the Police Pensions Regulations 1987 M9 ;

“1987 transition member” has the meaning given in Schedule 4;

“the 2006 scheme” means the scheme constituted by the Police Pensions Regulations 2006 M10 ;

“2006 transition member” has the meaning given in Schedule 4;

“the 2009 NI police pension scheme” means the scheme constituted by the Police Pension (Northern Ireland) Regulations 2009 M11 ;

“the 2015 NI police pension scheme” means a scheme established under the Public Service Pensions Act (Northern Ireland) 2014 M12 for payment of retirement pensions to or in respect of members of the police service in Northern Ireland which comes into force on 1st April 2015;

“the 2015 Scotland police pension scheme” means a scheme established under section 1 of the Act for payment of retirement pensions to or in respect of members of a police force in Scotland which comes into force on 1st April 2015;

“accrued added pension” means—

(a)

accrued added (self only) pension (if any); and

(b)

accrued added (all beneficiaries) pension (if any);

“accrued added (all beneficiaries) pension”, for the purpose of calculating the amount of retirement added pension or the provisional amount of deferred added (all beneficiaries) pension, has the meaning given in regulation 45(6);

“accrued added (self only) pension”, for the purpose of calculating the amount of retirement added pension or the provisional amount of deferred added (self only) pension, has the meaning given in regulation 45(5);

“accrued club transfer earned pension”, for the purpose of calculating the amount of retirement earned pension or the provisional amount of deferred club transfer earned pension, has the meaning given in regulation 45(4);

“accrued earned pension” means—

(a)

in relation to this scheme—

(i)

accrued standard earned pension (if any); and

(ii)

accrued club transfer earned pension (if any);

(b)

in relation to another pension scheme or the existing police pension scheme, accrued rights to benefits under that scheme derived from—

(i)

pension which is earned under that scheme; or

(ii)

pension which is attributable to a transfer payment received by that scheme;

“accrued pension” means—

(a)

accrued earned pension; and

(b)

accrued added pension (if any);

“accrued rights”, in relation to benefits under this scheme, does not include a right to benefits attributable (directly or indirectly) to a pension credit;

“accrued standard earned pension”, for the purpose of calculating the amount of retirement earned pension or the provisional amount of deferred standard earned pension, has the meaning given in regulation 45(3);

“active member”, in relation to this scheme, means a person who is in pensionable service M13 under this scheme;

“active member's account” has the meaning given in regulation 55(2);

“actuarial guidance” means guidance given by the Secretary of State after consultation with the scheme actuary;

“actuarial reduction” has the meaning given in regulation 50(4) (actuarial reduction on early payment of pension);

“actuarial tables” means tables determined by the Secretary of State after consultation with the scheme actuary;

“added pension” means—

(a)

added (self only) pension (if any); and

(b)

added (all beneficiaries) pension (if any);

“added (all beneficiaries) pension” means added pension payable in respect of a member after the member has died;

“added (self only) pension” means added pension payable to a pensioner member;

“adoption leave” means—

(a)

for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(8)(c) of the 2003 Regulations; or

(b)

for person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

“adoption support leave” means—

(a)

for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(8)(d) of the 2003 Regulations; or

(b)

for a person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

“age addition” has the meaning given in regulation 48(3);

“amount of added pension”, in relation to a scheme year, means an amount calculated in accordance with regulation 58(7);

“amount of credited pension” has the meaning given in regulation 71(5);

“amount of standard earned pension”, in relation to a scheme year, means an amount calculated in accordance with regulation 58(4) (amount of pension for a scheme year);

“annual rate”—

(a)

for each description of pension, has the meaning given in Part 7 (retirement benefits); and

(b)

in relation to pensionable earnings, means the amount of pensionable earnings payable for a scheme year;

“appeal board” has the meaning given in Schedule 1 (medical decisions: appeals and reconsideration);

“assistant inspector of constabulary” means an assistant inspector of constabulary appointed under section 56 of PA 1996;

“assumed age addition” has the meaning given in regulation 49(3);

“assumed pay”, except as otherwise provided in Part 10 (contributions), means the amount of pensionable earnings an active member of this scheme is taken to receive under regulation 34(2) (assumed pay) in respect of a period of assumed pay;

“the beginning date”, in relation to a pension not attributable (directly or indirectly) to a pension credit, means the date on which the pension is deemed to begin for the purpose of section 8(2) of PIA 1971 M14 ;

“career break”, in relation to a member of this scheme, means a period of unpaid leave whether or not it exceeds 5 years which is agreed by the employer in accordance with a determination under regulation 33(12) of the 2003 Regulations;

“child's added pension” means a pension payable to an eligible child under regulation 145(4)(d);

“child's earned pension” means a pension payable to an eligible child under regulation 145(4)(a);

“child's enhanced upper tier ill-health pension” means a pension payable to an eligible child under regulation 145(4)(c);

“child's lower tier ill-health pension” means a pension payable to an eligible child under regulation 145(4)(b);

“closing date”, in relation to a transition member, has the meaning given in paragraph 1 of Schedule 4 (transitional provisions);

“club scheme” has the meaning given in Part 11 (transfers);

“club transfer arrangements” has the meaning given in Part 11;

“club transfer earned pension” means pension attributable to receipt of a club transfer value payment;

“club transfer value” has the meaning given in Part 11;

“club transfer value payment” has the meaning given in Part 11;

“the commutation amount” means the amount of pension exchanged for a lump sum as a result of the exercise of the option to exchange part of a pension for a lump sum—

(a)

exercisable under regulation 124 (option to commute part of pension) in relation to a retirement pension; or

(b)

exercisable under regulation 131 (option for pension credit member to commute part of pension) in relation to a pension credit member's pension;

“connected scheme” means another statutory pension scheme that is connected, within the meaning of section 4(6) of the Act, with this scheme;

“continuity of service”—

(a)

in relation to service in the 1987 scheme and this scheme, has the meaning given in paragraph 4 of Schedule 4; and

(b)

in relation to service in the 2006 scheme and this scheme, has the meaning given in paragraph 5 of that Schedule;

“continuous period of pensionable service”, in relation to this scheme, means a period of pensionable service under this scheme disregarding any gap in service not exceeding 5 years;

“death benefits” means benefits payable under Part 9 (death benefits);

“death gratuity” means a gratuity paid under Chapter 8 of Part 9 (death benefits);

“deferred member”, in relation to this scheme, has the meaning given in regulation 43;

“deferred member's account” has the meaning given in regulation 64(3);

“description of accrued pension” means accrued pension of a description mentioned in regulation 44;

“description of deferred added pension” means—

(a)

deferred added (all beneficiaries) pension; or

(b)

deferred added (self only) pension;

“description of deferred earned pension” means—

(a)

deferred standard earned pension;

(b)

deferred club transfer earned pension;

“description of deferred pension” means—

(a)

deferred standard earned pension;

(b)

deferred club transfer earned pension;

(c)

deferred added (all beneficiaries) pension; or

(d)

deferred added (self only) pension;

“description of pension” means—

(a)

standard earned pension;

(b)

transferred pension;

(c)

club transfer earned pension;

(d)

added (all beneficiaries) pension; or

(e)

added (self only) pension;

“dual capacity member” has the meaning given in regulation 199;

“duly qualified medical practitioner” means a registered medical practitioner who holds—

(a)

the minimum qualification of Associate of the Faculty of Occupational Medicine or the equivalent EEA qualification; or

(b)

any other equivalent qualification acceptable to the scheme manager;

“early payment reduction” has the meaning given in regulation 50(4) (actuarial reduction on early payment of pension);

“eligible child” has the meaning given in regulation 144;

“eligible child's pension” has the meaning given in regulation 143;

“eligible service” has the meaning given in regulation 21;

“employment” includes an office or appointment and related expressions are to be read accordingly;

“employer”, in relation to a member of a police force, means the police pension authority for that member acting in exercise of its functions as employer;

“enhanced upper tier ill-health pension” means a pension payable to a member who meets the upper tier threshold;

“the existing NI police pension scheme” means—

(a)

for a 1987 transition member, the 1988 NI police pension scheme;

(b)

for a 2006 transition member, the 2009 NI police pension scheme;

“the existing police pension scheme” means—

(a)

the 1987 scheme; or

(b)

the 2006 scheme;

“the existing Scotland police pension scheme” means the scheme constituted by the Police Pensions (Scotland) Regulations 2007 M15 ;

“final pay” has the meaning given in regulation 159;

“first day of eligible service” has the meaning given in regulation 25;

“full retirement pension” means the following pensions payable under Part 7, Chapter 2 (full retirement benefits)—

(a)

a retirement earned pension; and

(b)

a retirement added pension (if any);

“full retirement pension which comes into payment early on grounds of permanent medical unfitness”, in relation to a member of this scheme, means a full retirement pension to which the member becomes entitled under regulation 91(3) (entitlement to full retirement pension (deferred pension));

“gap in service”, in relation to service in this scheme, means any period after a member's first day of eligible service—

(a)

in which the member is not in eligible service; or

(b)

in respect of which the member is opted out of this scheme under Chapter 2 of Part 4;

“guaranteed minimum” means the guaranteed minimum as defined in sections 14 and 17 of PSA 1993 (minimum pensions for earners, widows and widowers)—

(a)

as increased in accordance with the requirements of section 109 of that Act (annual increase of minimum pensions); and

(b)

if a reduction has been made under section 15A of that Act (reduction of guaranteed minimum in consequence of pension debit), as reduced in accordance with that section;

“guaranteed minimum pension” has the meaning given in section 8(2) of PSA 1993;

“home police force” means—

(a)

a police force maintained under section 2 of PA 1996;

(b)

the metropolitan police force; or

(c)

the City of London police force;

“ill-health benefits” means—

(a)

an ill-health pension; or

(b)

a full retirement pension which comes into payment early on grounds of permanent medical unfitness;

“ill-health pension” means—

(a)

for a transition member with continuity of service, a transition member's ill-health pension payable under paragraph 23 of Schedule 4; or

(b)

otherwise, a lower tier ill-health pension and an enhanced upper tier ill-health pension (if applicable) payable under Part 7 (retirement benefits);

“ill-health pension under this scheme” means a lower tier ill-health pension and if applicable an enhanced upper tier ill-health pension payable under Part 7;

“index adjustment” means—

(a)

in relation to the opening balance of earned pension other than club transfer earned pension for any scheme year, the change in prices in [F1 the previous scheme year] M16 , plus 1.25%; and

(b)

in relation to the opening balance of club transfer earned pension for any scheme year, the in-service revaluation index that the sending scheme would have applied to that amount of earned pension for that scheme year, had the earned pension not been transferred;

“injury received in the execution of duty” has the meaning given in regulation 6 of the Police (Injury Benefit) Regulations 2006 M17 and “the result of an injury” is construed in accordance with regulation 8 of those Regulations;

“Injury Benefits Regulations” means—

(a)

the Police (Injury Benefit) Regulations 2006; or

(b)

scheme regulations providing for payment of injury benefits to members of a police force in England and Wales;

“in-service revaluation index”, in relation to a pension scheme, means the percentage increase or decrease by which the pensionable earnings of a person, or a proportion of those earnings accrued as a pension, are revalued whilst the person is in pensionable service in that pension scheme;

“inspector of constabulary” means an inspector of constabulary appointed under section 54 of PA 1996;

“last active scheme year” means the scheme year in which an active member of this scheme ceases to be in pensionable service under this scheme;

“last day of pensionable service” means the last day of a continuous period of pensionable service under this scheme;

“the leaving year” means the scheme year in which the last day of pensionable service falls;

“lower tier ill-health pension” means a pension payable under Part 7 to a member who meets the lower tier threshold;

“lower tier threshold”, in relation to entitlement to payment of an ill-health pension, has the meaning given in regulation 101 (payment thresholds);

“lump sum death grant” means a lump sum paid under Chapter 6 of Part 9 (death benefits) on the death of a member;

“maternity leave” means—

(a)

for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(7) of the 2003 Regulations; or

(b)

for a person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

“maternity support leave” means—

(a)

for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(8)(a) of the 2003 Regulations; or

(b)

for a person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

“member”, in relation to this scheme, means an active member, deferred member, pensioner member or pension credit member of this scheme;

“member of a home police force” has the meaning given in Part 2;

“member of a police force”, in relation to England and Wales, means—

(a)

a member of a home police force;

(b)

a member of a police force other than a home police force;

(c)

a former member of a home police force; or

(d)

a former member of a police force other than a home police force;

“member of a police force other than a home police force” has the meaning given in Part 2;

“member contributions” has the meaning given in Part 10 (contributions);

“NCA” means the body known as the National Crime Agency;

“normal minimum pension age” has the same meaning as in section 279(1) of FA 2004;

“occupational pension scheme” has the meaning given in section 1 of PSA 1993;

“opening balance”, in relation to a description of pension for a scheme year, has the meaning given in regulation 59(3);

“parental leave” means—

(a)

for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(8)(b) of the 2003 Regulations; or

(b)

for a person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

“part-time service” means—

(a)

in relation to a member of a home police force, service by a person appointed under regulation 5 of the 2003 Regulations; or

(b)

in relation to a member of a police force other than a home police force, part-time service under the member's terms and conditions of employment;

“pay period” means the period in respect of which a payment of pensionable earnings is made;

“payments for added pension” means payments resulting from the exercise of the added pension option under Schedule 3;

“pension credit” has the meaning given in section 124(1) of PA 1995;

“pension credit member”, in relation to this scheme, means a person who has rights under this scheme which are attributable (directly or indirectly) to a pension credit under a pension sharing order following divorce or nullity of marriage;

“pension credit member's account” has the meaning given in regulation 71;

“pension credit member's pension” means a pension payable under regulation 126;

“pension debit” means a debit under section 29(1)(a) of WRPA 1999;

“pension debit member”, in relation to this scheme, means a person who is a member of this scheme whose benefits or future benefits under this scheme have been reduced under section 31 of WRPA 1999 (reduction under pension sharing order following divorce or nullity of marriage);

“another pension scheme” means—

(a)

another occupational pension scheme that is a registered pension scheme but is not a connected scheme; or

(b)

a personal pension scheme;

“pension sharing order” means any provision or order specified in section 28 of WRPA 1999;

“pension supervising authority”, in relation to a member of a police force in England and Wales, has the meaning given in regulation 210;

“pensionable earnings”, in relation to any period—

(a)

for the purpose of calculating member contributions, has the meaning given in Part 10; and

(b)

otherwise, has the meaning given in regulation 33 (pensionable earnings);

“pensioner member”, in relation to this scheme, means a person who is entitled to payment for life of a retirement pension under this scheme;

“period of assumed pay” has the meaning given in regulation 34(2);

“period of permanent service” means a period in which P is absent from duty because of being called out, or recalled, for permanent service in Her Majesty's armed forces in pursuance of a call-out notice served, or a call-out or recall order made, under the Reserve Forces Act 1996 M18 ;

“permanently medically unfit”, in relation to a member of a police force, has the meaning given in regulation 76 (decision of selected medical practitioner);

“personal pension scheme” means a personal pension scheme as defined in section 1 of PSA 1993 that is a registered pension scheme;

“PIA index adjustment”, in relation to the opening balance of added pension for any scheme year, means the amount by which the annual rate of a pension of an amount equal to the opening balance would have been increased in that year under PIA 1971 if—

(a)

that pension were eligible to be so increased; and

(b)

the beginning date for that pension were the first day of the previous scheme year;

“police force”, in relation to England and Wales, has the meaning given in Part 2 (establishment of scheme for members of a police force);

“police pension authority” has the meaning given in regulation 7;

“a police pension scheme” means—

(a)

this scheme;

(b)

the 2015 Scotland police pension scheme; or

(c)

the 2015 NI police pension scheme;

“the police service in Northern Ireland” means those persons who are eligible to be a member of—

(a)

the 2015 NI police pension scheme;

(b)

the 2009 NI police pension scheme; or

(c)

the 1988 NI police pension scheme;

“the Police Service of Scotland” has the meaning given in section 6 of the Police and Fire Reform (Scotland) Act 2012 M19 ;

“protected member”, in relation to the existing police pension scheme, has the meaning given in Schedule 4 (transitional provisions);

“provisional amount”, in relation to a description of deferred pension, has the meaning given in regulation 65;

“qualifying service”, for the purpose of this scheme, has the meaning given in regulation 88;

“registered”, in relation to a pension scheme, means registered under Chapter 2 of Part 4 of FA 2004;

“regular employment” means employment for an annual average of at least 30 hours per week;

“retirement account” has the meaning given in regulation 68(4);

“retirement added pension” means—

(a)

retirement added (self only) pension (if any); and

(b)

retirement added (all beneficiaries) pension (if any);

“retirement benefits” means benefits payable under Part 7 (retirement benefits);

“retirement earned pension” means, in relation to this scheme—

(a)

retirement standard earned pension (if any); and

(b)

retirement club transfer earned pension (if any);

“retirement index adjustment”, in relation to an amount of accrued earned pension, has the meaning given in regulation 46;

“retirement pension” means a full retirement pension or an ill-health pension;

“retirement PIA index adjustment”, in relation to an amount of accrued added pension, has the meaning given in regulation 47;

“this scheme” means the scheme established by these Regulations;

“scheme actuary” means the individual appointed by the Secretary of State under Part 12 (actuarial valuations and employer cost cap);

“scheme closing date” means 31st March 2015;

“scheme manager” has the meaning given in regulation 9;

“scheme year” means a period of one year beginning with 1st April and ending with 31st March;

“selected medical practitioner” has the meaning given in Schedule 1 (medical decisions: appeals and reconsideration);

“sending scheme” has the meaning given in Part 11 (transfers);

“sick leave” means—

(a)

for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(5) of the 2003 Regulations; or

(b)

for a person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

“specified NCA officer” has the meaning given in regulation 6;

“standard earned pension” means pension which is earned under this scheme and which is payable without actuarial reduction—

(a)

to an active member of this scheme who becomes a pensioner member of this scheme on reaching normal pension age under this scheme M20 ; or

(b)

to a deferred member of this scheme who becomes a pensioner member of this scheme on reaching the member's state pension age;

“statutory pay” means statutory adoption pay, statutory maternity pay, ordinary statutory paternity pay or additional statutory paternity pay within the meaning of the Social Security Contributions and Benefits Act 1992 M21 ;

“surviving adult”, in relation to a deceased member of this scheme, has the meaning given in regulation 134;

“surviving adult partner” has the meaning given in regulation 135;

“surviving adult's added pension” means a pension payable under regulation 137(2)(d);

“surviving adult's earned pension” means a pension payable under regulation 137(2)(a);

“surviving adult's enhanced upper tier ill-health pension” means a pension payable under regulation 137(2)(c);

“surviving adult's lower tier ill-health pension” means a pension payable under regulation 137(2)(b);

“surviving adult's pension” has the meaning given in regulation 136;

“surviving civil partner” has the meaning given in regulation 134;

“surviving spouse” has the meaning given in regulation 134;

“transfer payment” has the meaning given in Part 11;

“transfer value” has the meaning given in Part 11;

“transfer value payment” has the meaning given in Part 11;

“transferred pension” means pension attributable to receipt of a transfer value payment;

“transition date” has the meaning given in Part 1 of Schedule 4 (transitional provisions);

“transition member” means—

(a)

a 1987 transition member; or

(b)

a 2006 transition member;

“UK police service” has the meaning given in regulation 5(3);

“upper tier threshold”, in relation to entitlement to payment of an ill-health pension, has the meaning given in regulation 101 (payment thresholds); and

“weekly rate”, in relation to a guaranteed minimum pension, has the same meaning as in regulation 55(1) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 M22 .

(2) For the purpose of these Regulations, the following persons are members of the police service in Northern Ireland—

(a) a constable of the Police Service of Northern Ireland as defined in section 1(2) of the Police (Northern Ireland) Act 2000 M23 ;

(b) a constable of the Police Service of Northern Ireland Reserve as defined in section 1(4) of that Act;

(c) a police trainee within the meaning of section 36(3) of that Act;

(d) a police reserve trainee within the meaning of section 37(3) of that Act; and

(e) a police service cadet within the meaning of section 42 of that Act.

Textual Amendments

F1 Words in reg. 2 substituted (with effect in accordance with reg. 1(2)(d) of the amending S.I.) by The Police and Firefighters Pensions (Amendment) Regulations 2018 (S.I. 2018/997), regs. 1(2)(d), 31

Marginal Citations

M1 2004 c. 12.

M2 1995 c. 26.

M3 1971 c. 56.

M4 2011 c. 13.

M5 1993 c. 48.

M6 1999 c. 30.

M7 S.I. 2003/527.

M8 S.R. 1988 (N.I.) No. 364.

M9 S.I. 1987/257.

M10 S.I. 2006/3415.

M11 S.R. 2009 (N.I.) No. 79.

M12 2014 c. 2 (N.I.).

M13 See section 37 of the Act for the meaning of “pensionable service”.

M14 Section 8(2) was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7) section 1(5) and the Welfare Reform and Pensions Act 1999 (c.30) section 39(1) and (4). Section 8(2) of PIA 1971 may be applied subject to such modifications, adaptations and exceptions as may be specified in regulations under section 5(3) of that Act.

M15 S.S.I. 2007/201.

M16 Under section 9 of the Act the change in prices to be applied in a period is the percentage increase or decrease as a Treasury order under that section may specify in relation to the period.

M17 S.I. 2006/932.

M18 1996 c. 14.

M19 2012 asp 8.

M20 See section 10(2) of the Act for the meaning of normal pension age under this scheme.

M21 1992 c. 4.

M22 S.I. 1996/1172.

M23 2000 c. 32 (N.I.).