The Police Pension Schemes and Additional Voluntary Contributions (Amendment) (England and Wales) Regulations 2018

PART 3 Amendment of the Police Pensions Regulations 2006

General

8.  The Police Pensions Regulations 2006(1) are amended in accordance with this Part.

Amendment of regulation 10

9.  In regulation 10 (reckoning of pensionable service)(2)—

(a) after paragraph (1)(b) insert—

“(ba) any period of unpaid adoption leave, unpaid adoption support leave or unpaid maternity support leave taken on or after 1st September 2014 in respect of which the conditions specified in paragraph (2) are not satisfied;”, and

(b) for paragraph (2) substitute—

“(2) The conditions referred to in sub-paragraphs (a) and (b) of the proviso to paragraph (1) are that the person concerned—

(a) was serving as a regular police officer immediately before a period of maternity leave, parental leave, sick leave, adoption leave, adoption support leave or maternity support leave which includes the period of unpaid maternity leave, unpaid parental leave, unpaid sick leave, unpaid adoption leave, unpaid adoption support leave or unpaid maternity support leave in question and no election under regulation 9 was effective in respect of that person immediately before the commencement of that period of unpaid leave;

(b) in accordance with the provisions of paragraph (4) pays to the police pension authority a sum equal to the sum of the pension contributions which would have been payable for the period of unpaid maternity leave, unpaid parental leave, unpaid sick leave, unpaid adoption leave, unpaid adoption support leave or unpaid maternity support leave in question if the person’s notional pensionable pay during that period had been at the same rate as the person’s pensionable pay (including any statutory maternity pay, statutory adoption pay or statutory paternity pay payable under the Social Security Contributions and Benefits Act 1992) immediately before the commencement of the period of unpaid maternity leave, unpaid parental leave, unpaid sick leave, unpaid adoption leave, unpaid adoption support leave or unpaid maternity support leave which constituted or included the period in question.”.

Amendment of regulation 24

10.  For regulation 24(2)(a)(ii) (final pensionable pay)(3) substitute—

“(ii) paragraph (1)(a)(ii) applied only in respect of any payment in respect of a period of unpaid maternity leave, unpaid parental leave, unpaid sick leave, unpaid adoption leave, unpaid adoption support leave or unpaid maternity support leave taken in the period before the election took effect; and”.

Amendment of regulation 25

11.  In regulation 25 (average pensionable pay)—

(a) in paragraph (2) after “parental leave” insert “, adoption leave, adoption support leave, maternity support leave”, and

(b) in paragraph (3) for “unpaid maternity leave, unpaid parental leave or unpaid sick leave” substitute “unpaid maternity leave, unpaid parental leave, unpaid sick leave, unpaid adoption leave, unpaid adoption support leave or unpaid maternity support leave,”.

Amendment of regulation 26

12.  In regulation 26(3)(a) (aggregate pension contributions for purposes of repayment)(4) for “unpaid maternity leave, unpaid parental leave or unpaid sick leave” substitute “unpaid maternity leave, unpaid parental leave, unpaid sick leave, unpaid adoption leave, unpaid adoption support leave or unpaid maternity support leave;”.

Amendment of Schedule 1

13.  In Schedule 1 (glossary of expressions)—

(a) after “added years” insert—

““adoption leave” means for a person in service as a member of a home police force, leave granted in accordance with regulation 33(8) of the Police Regulations 2003 or, 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;

“adoption support leave” means for a person in service as a member of a home police force, leave granted in accordance with regulation 33(8) of the Police Regulations 2003 or, 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;”, and

(b) after “maternity leave” insert—

“maternity support leave” means for a person in service as a member of a home police force, leave granted in accordance with a determination made under regulation 33(8) of the Police Regulations 2003 or, 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;”.

(1)

S.I. 2006/3415.

(2)

Regulation 10 was amended by S.I. 2011/3063.

(3)

Regulation 24 was amended by S.I. 2011/3063.

(4)

Regulation 26 was amended by S.I. 2011/3063.