The Police and Firefighters’ Pensions (Amendment) Regulations 2018

Surviving cohabiting partners

4.—(1) In regulation 40(2)(a) (survivors)(1)—

(a) for the words before paragraph (i) substitute “the following conditions are met”;

(b) in paragraph (iii) omit “(where they are of opposite sexes)” and “(where they are of the same sex)”;

(c) omit paragraph (iv); and

(d) omit “and had not revoked that declaration before his death;”.

(2) Omit regulation 40(4).

(3) In regulation 46 (lump sum death grant)(2)—

(a) in paragraph (4)(c) at the beginning insert “subject to paragraph (4A),”; and

(b) after paragraph (4) insert—

“(4A) Unless paragraph (4B) applies, a police pension authority must pay a grant to a person of the description in paragraph (4)(b) if a grant was paid to a different person under paragraph (4)(c) or (d) before this paragraph came into force.

(4B) This paragraph applies where the police pension authority are of the opinion that the person of the description in paragraph (4)(b) has benefited from all of the grant paid under paragraph (4)(c) or (d).

(4C) The amount of a grant payable under paragraph (4A) is an amount up to the amount calculated under paragraph (3), but the police pension authority may pay such lower amount as they consider appropriate in all the circumstances if they are of the opinion that the person has benefited from some of the grant paid under paragraph (4)(c) or (d).”.

(1)

Paragraphs (2)(a) and (4) were amended by S.I. 2011/3063.

(2)

Regulation 46 was amended by S.I. 2011/3063.