The Police and Firefighters’ Pensions (Amendment) Regulations 2018

Pensionable and average pensionable pay and aggregate pension contributions

8.—(1) In regulation 4 (pensionable and average pensionable pay and aggregate pension contributions)(1) before paragraph (1), insert—

“(A1) This regulation applies in relation to a member of a police force who is a member of the 1987 scheme or the 2006 scheme, but who is not a member of the 2015 scheme.”.

(2) After regulation 4 insert—

“Members with 2015 scheme service

4A.— (1) This regulation applies in relation to a member of a police force who is a member of the 2015 scheme.

(2) Subject to paragraphs (3) and (4), for the purpose of calculating an award payable under these Regulations to or in respect of the member—

(a) the annual value of the member’s pensionable pay is the annualised amount of pensionable earnings payable to the member on the last day of service; and

(b) the member’s average pensionable pay in relation to a continuous period of pensionable service is the member’s final pay in relation to that period of service.

(3) For the purpose of paragraph (2)(b), in respect of an award payable to a member, if the member’s final pay is calculated by reference to an earnings year in which the member was in part-time service, pensionable earnings payable to the member in respect of that year is calculated as if the member was in full-time service for that year.

(4) For the purpose of calculating an award payable to an adult survivor, adult dependant relative or child survivor of the member, if the member was in part-time service for any period during that member’s continuous period of pensionable service, the member’s average pensionable pay is calculated in accordance with paragraph (5).

(5) Final pay is calculated—

(a) for a transition member with continuity of service, as if that person had remained in the 1987 scheme or the 2006 scheme, as the case may be (see regulation 4);

(b) for a member of the 2015 scheme who is not a transition member with continuity of service, according to the formula—

where—

P is the final pay for the member, or if the member’s final pay is calculated by reference to an earnings year in which the member was in part-time service, the full-time equivalent pay of the member for that earnings year, and

AP is the appropriate proportion, calculated in accordance with paragraph (6).

(6) The appropriate proportion is calculated as follows—

(a) Step 1: For each full year of pensionable service, divide the member’s pensionable pay received by the full-time equivalent pensionable pay;

(b) Step 2: For any part year of pensionable service, divide the member’s pensionable pay received by the full-time equivalent pensionable pay that the member would have received for working the same part of that year;

(c) Step 3: Add the sums obtained in Steps 1 and 2;

(d) Step 4: Divide the total obtained in Step 3 by the number of years of pensionable service in that member’s continuous period of pensionable service.

(7) In paragraph 6—

(a) “pensionable service” means a period of pensionable service under the 2015 scheme; and

(b) the reference to “full-time equivalent pensionable pay” in Steps 1 and 2 is to be read as a reference to “pensionable pay” for any year or part year in which the member’s pensionable service was full-time.

(8) For the purpose of calculating a death gratuity payable to or in respect of the member, the amount of the member’s aggregate pension contributions is—

(a) for a member of the 2015 scheme who is not a transition member with continuity of service, the amount of all member contributions and payments for added pension made by the member under the 2015 Regulations; and

(b) for a 1987 transition member with continuity of service—

(i) the amount of all member contributions and payments for added pension made by the member under the 2015 Regulations, and

(ii) the amount of aggregate member contributions made under the 1987 scheme;

(c) for a 2006 transition member with continuity of service—

(i) the amount of all member contributions and payments for added pension made by the member under the 2015 Regulations, and

(ii) the amount of aggregate member contributions made under the 2006 scheme.

(9) In this regulation—

“continuous period of pensionable service” means—

(a)

for a member of the 2015 scheme who is not a transition member with continuity of service, the member’s continuous period of pensionable service under the 2015 scheme;

(b)

for a 1987 transition member with continuity of service, the total of—

(i)

the member’s continuous period of pensionable service under the 2015 scheme, and

(ii)

the member’s pensionable service under the 1987 scheme before the member’s transition date;

(c)

for a 2006 transition member with continuity of service, the total of—

(i)

the member’s continuous period of pensionable service under the 2015 scheme, and

(ii)

the member’s pensionable service under the 2006 scheme before the member’s transition date;

“continuous period of pensionable service under the 2015 scheme” is to be construed in accordance with regulation 2 of the 2015 Regulations;

“earnings year” means—

(a)

the 12 months ending with the member’s last day of pensionable service under the 2015 scheme; or

(b)

the earnings year mentioned in regulation 159(1)(b) (meaning of “final pay”) of the 2015 Regulations;

“final pay” has the meaning given in regulation 159 of the 2015 Regulations;

“pensionable earnings” has the meaning given in regulation 33 (pensionable earnings) of the 2015 Regulations.”.

(1)

Regulation 4 was substituted by S.I. 2006/3415.