The Police Pensions Regulations 2006

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(a) regulation 13(3)(b); and

(b) regulation 78(7).

    (4) These Regulations extend to England and Wales.

Meaning of certain expressions and references - general provision
     2. In these Regulations, unless the context otherwise requires—

(a) the expressions contained in the glossary set out in Schedule 1 shall be construed as provided in that Schedule;

(b) any reference to a member of a police force, however expressed, includes a reference to a person who has been such a member;

(c) any reference to an award, however expressed, is a reference to an award under these Regulations.

Meaning of certain expressions in relation to persons who are not members of a home police force
     3. —(1) For the purposes of these Regulations, an inspector of constabulary or a police officer engaged on relevant service shall be deemed to be a member of a home police force; and any reference to such a person transferring from one force to another, however expressed, shall be construed accordingly.

    (2) In relation to an inspector of constabulary or an officer engaged on relevant service, any reference in these Regulations to the police authority shall be construed as a reference to the Secretary of State.

Disablement
     4. —(1) A reference in these Regulations to a person being permanently disabled is to be taken as a reference to that person being disabled at the time when the question arises for decision and to that disablement being at that time likely to be permanent.

    (2) For the purposes of deciding if a person's disablement is likely to be permanent, that person shall be assumed to receive normal appropriate medical treatment for his disablement, and in this paragraph "appropriate medical treatment" shall not include medical treatment that it is reasonable in the opinion of the police authority for that person to refuse.

    (3) Subject to paragraph (4), disablement means inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a member of the police force or, as the case may be, to engage in any regular employment otherwise than as a regular police officer, except that in relation to a child survivor or an adult survivor of a member of a police force it means inability, occasioned by infirmity of mind or body, to earn a living.

    (4) Where a person has retired or otherwise ceased to serve as a regular police officer before becoming disabled and the date on which he becomes disabled cannot be ascertained, it shall be taken to be the date on which the claim that he is disabled is first made to the police authority.

    (5) In this regulation, "infirmity" means a disease, injury or medical condition, and includes a mental disorder, injury or condition.

Transfers
     5. A reference to a regular police officer transferring from one force to another shall be construed as a reference to a regular police officer—

(a) leaving a home police force for the purpose of joining another home police force as a regular police officer and joining that other force in that capacity, where—


(i) not being the chief officer of police of, or a constable on probation in, the force first mentioned in this sub-paragraph, he leaves that force after giving a month's notice in writing of his intention to do so to the police authority of that force, or such shorter period of notice as may have been accepted by that authority, or

(ii) being the chief officer of police of, or a constable on probation in, that force, he leaves that force with the written consent of the chief officer of police or, in the case of the chief officer of police, of the police authority of that force; or



(b) at the end of a period of relevant service joining another home police force as a regular police officer subject, in the case of a person who was, at the time he left the home police force in which he was serving immediately before engaging on that period of relevant service, the chief officer of that force, to his doing so with the written consent of the police authority of that force.

(a) first became such before 6th April 2006 and retired or otherwise ceased to serve—


(i) with no entitlement to an award under the 1987 Regulations[5];

(ii) with an entitlement to an award by way of repayment of his aggregate pension contributions under regulation B6 of those Regulations;

(iii) with an entitlement to an ordinary pension under regulation B1 of those Regulations, a short service award under regulation B2 of those Regulations or an entitlement to a deferred pension under regulation B5 of those Regulations and, in any of those cases, the award is in payment (otherwise than where the deferred pension is in payment due to permanent disablement);

(iv) with an entitlement to an ordinary pension under regulation B1 of those Regulations or a deferred pension under regulation B5 of those Regulations and in either case the pension is not in payment, or

(v) with an entitlement to an ill-health award under regulation B3 of those Regulations or with an entitlement to a deferred pension under regulation B5 of those Regulations where the pension is in payment due to permanent disablement (whether the deferred pension came into payment immediately on retirement or ceasing to serve or on some later date);



(b) at the date of such retirement or otherwise ceasing to serve was entitled to reckon less than 30 years' pensionable service under the 1987 Regulations, and

(c) has, on or after 6th April 2006, rejoined the force in which he was serving immediately before his retirement or otherwise ceasing to serve, or joined another force, otherwise than—



(i) pursuant to regulation K1 of the 1987 Regulations where he had not made an election under regulation G4(1) of those Regulations which was in effect immediately before his retirement;

(ii) pursuant to regulation K1 of the 1987 Regulations where he retired before 6th April 2006 and he had made an election under regulation G4(1) of those Regulations which had not been cancelled before his retirement; or

(iii) upon reinstatement following a successful appeal against dismissal or requirement to resign where he had not made an election under regulation G4(1) of the 1987 Regulations which was in effect immediately before his dismissal or requirement to resign.

    (3) These Regulations shall also apply, subject to and in accordance with the provisions of paragraph (4), to a regular police officer who—

(a) first became such before 6th April 2006;

(b) was in service as such immediately before and on that date; and

(c) either—


(i) had made an election under regulation G4(1) of the 1987 Regulations (election not to pay pension contributions) which had not been cancelled before that date, or

(ii) on or after 6th April 2006 makes an election under that provision.

    (4) In the case of an officer such as is mentioned in paragraph (3)—

(a) the election mentioned in paragraph (3)(c)(i) shall, as from 6th April 2006, continue to have effect as if it had been made on that date under regulation 9(1) or, as the case may be,

(b) the election mentioned in paragraph (3)(c)(ii) shall have effect from the date on which it is made as if it had been made under regulation 9(1), and

(c) in either case, he may accordingly cancel his election in accordance with regulation 9(5), in which case he shall become eligible for awards to be payable to or in respect of him under these Regulations, subject to paragraph 9 of Schedule 2.

    (5) This paragraph applies to a regular police officer who cancels an election in the circumstances mentioned in paragraph (4) and who has an entitlement to an ordinary pension under regulation B1 of the 1987 Regulations or a deferred pension under regulation B5 of those Regulations and in either case the pension is not in payment.

    (6) This paragraph applies to a regular police officer—

(a) by whom pension contributions were payable under regulation G2 of the 1987 Regulations as at 6th April 2006 (or would have been payable but for his dismissal or requirement to resign and subsequent reinstatement following a successful appeal against that dismissal or requirement to resign);

(b) who continues to serve as such during the period beginning on that date and ending on the date of his transfer election under paragraph (8) (or who would have continued to serve as such during that period but for his dismissal or requirement to resign and subsequent reinstatement following a successful appeal against that dismissal or requirement to resign); and

(c) who does not, during the period mentioned in sub-paragraph (b), make an election under regulation G4(1) of the 1987 Regulations.

    (7) This paragraph applies to a regular police officer such as is mentioned in paragraph (5) who cancels an election in the circumstances mentioned in paragraph (4) on a date before the expiry of the period of three months determined by the Secretary of State under paragraph 1 of Schedule 3, or such longer period as the police authority may, by reason of exceptional circumstances in that officer's case, in their discretion allow.

    (8) A regular police officer—

(a) to whom these Regulations apply by virtue of paragraph (2)(a)(ii), (2)(a)(iv) or (2)(a)(v),

(b) to whom paragraph (6) or (7) applies, or

(c) who, on or after 6th April 2006, rejoined the force in which he was serving immediately before his retirement pursuant to regulation K1 of the 1987 Regulations and who either had not made an election under regulation G4(1) of the 1987 Regulations which was in effect immediately before his retirement or who retired before 6th April 2006 and had made an election under regulation G4(1) of the 1987 Regulations which had not been cancelled before his retirement,

may make an election for the pensionable service he is entitled to reckon under those Regulations to be reckoned as pensionable service for the purposes of these Regulations ("a transfer election") subject to and in accordance with the provisions of Schedule 3.

    (9) Where a regular police officer to whom paragraph (6) applies or is such as is mentioned in paragraph (8)(c) makes a transfer election, these Regulations shall apply to him and he shall become eligible for awards to be payable to or in respect of him under these Regulations.

Pension contributions payable by regular police officers
     7. —(1) Subject to paragraph (3), a regular police officer shall pay to the police authority pension contributions at the rate of—

(a) in a case where he is ineligible under regulation 8 for a pension award payable on the ground of permanent disablement, 6 per cent of his pensionable pay; and

(b) in any other case, 9.5 per cent of his pensionable pay.

    (2) The pension contributions payable under paragraph (1) upon each instalment of pay shall fall due at the same time as the instalment and may, without prejudice to any other method of payment that may be agreed by the police authority in exceptional circumstances, be discharged by way of a deduction of the appropriate amount made by the police authority from the instalment.

    (3) Paragraph (1) shall not apply in the case of a regular police officer who has made an election under regulation 9 which is, for the time being, in effect.

Eligibility for pension awards payable on the ground of permanent disablement
     8. —(1) This regulation applies to—

(a) a candidate for appointment to a police force (otherwise than on transfer from another force), and

(b) a regular police officer who seeks under regulation 9(5) to cancel his election that regulation 7(1) shall not apply in his case.

    (2) A person to whom this regulation applies shall, if required by the police authority in question, submit to an examination by a duly qualified medical practitioner selected by the authority ("the selected medical practitioner") in accordance with regulation 69 in order that the authority may determine his eligibility to receive pension awards payable on the ground of permanent disablement.

    (3) The police authority shall determine, by applying the opinion of the selected medical practitioner as set out in his report and advice from the Scheme actuary, whether the risk presented by that person that he will retire on the ground that he is permanently disabled is such that the likely cost of providing him with benefits under these Regulations is disproportionately high.

    (4) The determination of the police authority under paragraph (3) shall be subject to appeal by that person in accordance with regulation 70; and upon receipt of the final revised report or written statement of opinion prepared in accordance with that regulation, the police authority shall redetermine, by applying the opinion set out in the final revised report or written statement of opinion, and advice from the Scheme actuary, whether the risk presented by that person that he will retire on the ground that he is permanently disabled is such that the likely cost of providing him with benefits under these Regulations is disproportionately high.

    (5) The likely cost of providing a person with benefits under these Regulations shall be assessed as disproportionately high if it is more than 50 per cent greater than the likely cost of providing such benefits to a person who does not have an identified risk of retirement on that ground.

    (6) A person who it is determined under paragraph (3) or (4) presents such a risk shall, in accordance with these Regulations, be ineligible for pension awards payable on the ground of permanent disablement.

    (7) A police authority may in accordance with this regulation determine the eligibility of a person—

(a) to whom this regulation applies by virtue of paragraph 1(a) who was previously ineligible for pension awards payable on the ground of permanent disablement under this regulation or under regulation G7 of the 1987 Regulations; or

(b) to whom this regulation applies by virtue of paragraph 1(b) who was ineligible for pension awards payable on the ground of permanent disablement under regulation G7 of the 1987 Regulations on the date of the election which he is now seeking to cancel under regulation 9(5) of these Regulations

to receive pension awards payable on the ground of permanent disablement; and in which case, the person concerned shall submit to an examination as set out in paragraph (2).

    (8) If a person mentioned in paragraph (7) is eligible for pension awards following a determination of the police authority under paragraph (3) or (4) (as applicable), he shall be so eligible from the date of that determination:

Provided that—

(a) he shall only be so eligible in respect of his pensionable service from that date;

(b) regulation 29 shall apply to him from that date; and

(c) in calculating his entitlement to any standard ill-health pension or any enhanced top-up ill-health pension the pensionable service he is entitled to reckon as at the date of his retirement shall only comprise service from the date of the police authority's determination under paragraph (3) or (4) (as applicable).

Election not to pay pension contributions
     9. —(1) A regular police officer may at any time elect that regulation 7(1) shall not apply in his case by notice in writing given to the police authority.

    (2) Subject to paragraph (3), the date on which an election under paragraph (1) takes effect shall be the date on which an instalment of pay next falls due to him after the receipt of notice under paragraph (1).

    (3) In the case of a regular police officer who has given notice under paragraph (1) within three months of the date on which he last became such and to whom regulation 15 does not apply, his election under that paragraph shall be deemed to have taken effect on that date.

    (4) In a case falling within paragraph (3), the police authority shall, subject to regulation 35, pay to the regular police officer in question a sum equal to the sum of the pension contributions paid by him since the date on which the election is deemed to have taken effect.

    (5) A regular police officer who has made an election under paragraph (1) may cancel such election by notice in writing given to the police authority and the election shall cease to have effect as from the date on which an instalment of pay next falls due to him after the receipt of such notice:

Provided that—

(i) a regular police officer having cancelled his election under paragraph (1) and subsequently made a further election under paragraph (1) shall not be entitled to cancel the further election during the same period of service as a regular police officer;

(ii) a regular police officer shall not, if the police authority so resolve, be entitled to cancel his election under paragraph (1) unless he has undergone a medical examination in accordance with regulation 8 (and any fee payable in respect of such an examination and a report thereon shall be paid by the regular police officer concerned);

(iii) a regular police officer in respect of whom it is determined, following such a medical examination, that the likely cost of providing him with benefits under these Regulations is disproportionately high, shall (subject to any appeal under regulation 8(4)) be entitled to cancel his election under paragraph (1) only subject to the condition that he shall not be eligible to receive pension awards payable on the ground of permanent disablement; and

(iv) a regular police officer who was ineligible to receive pension awards payable on the ground of permanent disablement under regulation 8 on the date of his election under paragraph (1) shall upon cancellation of that election be ineligible to receive pension awards payable on the ground of permanent disablement.

Pensionable service

Reckoning of pensionable service
     10. —(1) The pensionable service reckonable by a regular police officer at any date (in these Regulations referred to as the "relevant date") shall be determined in accordance with the succeeding provisions of these Regulations:

Provided that there shall not be reckonable by a regular police officer—

(a) any period of unpaid maternity leave (not being a period which falls within the first 26 weeks of any period of maternity leave taken by a person in respect of whom no election under regulation 9 was effective immediately before the commencement of that period of unpaid maternity leave) or of unpaid parental leave in respect of which the conditions specified in paragraph (2) are not satisfied;

(b) any period of unpaid sick leave in respect of which the conditions specified in paragraph (2) and the additional condition specified in paragraph (3) are not satisfied;

(c) any other period of unpaid leave.

    (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 during the period immediately preceding a period of maternity leave, parental leave or sick leave which includes the period of unpaid maternity leave, unpaid parental leave or unpaid sick 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 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 or unpaid sick leave in question if his notional pensionable pay during that period had been at the same rate as his pensionable pay (including any statutory maternity pay payable to a woman under the Social Security Contributions and Benefits Act 1992[6]) immediately before the commencement of the period of unpaid maternity leave, unpaid parental leave or unpaid sick leave which constituted or included the period in question.

    (3) The additional condition referred to in sub-paragraph (b) of the proviso to paragraph (1) is that the period of unpaid sick leave in question does not exceed six months and, when aggregated with any other period or periods of unpaid sick leave which fulfils, or all of which fulfil, the conditions specified in paragraph (2)(a) and (b), does not exceed twelve months.

    (4)

(a) The person concerned shall, by notice in writing given to the police authority within a period ending—


(i) three months after the day on which the period of leave which constitutes or includes the period of unpaid leave in question ended, or

(ii) on the day, if earlier, on which he last serves as a regular police officer,



inform the police authority that he wishes to make the payment referred to in paragraph (2)(b) and in respect of which period of leave, and which method of payment under sub-paragraph (c) he elects to use:

Provided that, where the person concerned dies before the end of the period specified in this sub-paragraph without having given such notice, notice shall be deemed to have been given in respect of any period of leave which would otherwise be reckonable by him under this regulation and the person concerned shall be deemed to have elected to make payment by way of instalments under sub-paragraph (c).



(b) On receipt of the notice referred to in sub-paragraph (a) the police authority shall calculate the amount due under paragraph (2)(b) and give written notice of that amount to the person concerned.

(c) Payment under paragraph (2)(b) may be made by the person concerned either by way of a lump sum or by instalments on the same dates as pension contributions are payable by him under regulation 7:



Provided that where the person concerned has elected to make payment by way of instalments under this sub-paragraph, the balance due after the payment of any of those instalments may be paid by way of a lump sum equal to that balance at any time before the due date (as defined in sub-paragraph (d)).



(d) The total amount due under paragraph (2)(b) shall be paid no later than six months after the person concerned is notified by the police authority as to the amount payable or, if he retires or otherwise ceases to serve as a regular police officer before the expiry of that period, before the date on which he retires or so ceases to serve ("the due date"):



Provided that, in a case where the person concerned retires or otherwise ceases to serve as a regular police officer before the total amount due has been paid under this sub-paragraph, any lump-sum payment made within two months of retiring or so ceasing to serve or of receiving notification from the police authority as to the amount payable, whichever is the later, shall be deemed to have been made by the due date.



(e) Where the person concerned has not paid the full amount due in accordance with the foregoing provisions of this paragraph, the proportion of the unpaid leave in question which shall be reckonable as pensionable service shall be the same proportion as the amount which has been so paid bears to the total amount due:



Provided that where the person concerned dies before the due date there shall be reckonable the full period of unpaid leave in question notwithstanding that the amount due has, in full or in part, not been paid in accordance with the provisions of sub-paragraphs (c) and (d).



(f) A regular police officer shall be treated, for the purposes of calculating any award under these Regulations, as having made pension contributions throughout any period or periods of unpaid leave reckonable as pensionable service by virtue of payments made in accordance with this paragraph; and any such period or periods shall be treated for those purposes as part of a continuous period ending with the last day of unpaid leave during the period of service as a regular police officer of the person concerned.

Current service
     11. —(1) Subject to the provisions of these Regulations, there shall be reckonable as pensionable service by a regular police officer in respect of his service as such in the force in which he is or was serving on the relevant date, being service since he last joined or rejoined that force before that date, all such service:

Provided that no period of service shall be reckonable by a regular police officer during which pension contributions were not payable by him under regulation 7 and in respect of which no payment has been made under regulation 10(2)(b), except any period of unpaid maternity leave during the first 26 weeks of any period of maternity leave and any period during which pension contributions were not paid in the circumstances mentioned in the proviso to regulation 94(2).

    (2) This regulation has effect subject to regulation 14.

Previous service reckonable without payment
     12. —(1) There shall be reckonable by a regular police officer as pensionable service—

(a) where from being a regular police officer in another force he transferred to the force in which he is or was serving on the relevant date, any period of pensionable service reckonable by him immediately before the transfer;

(b) where he previously retired from a police force upon becoming entitled to a pension on the ground of disablement under regulation 21 and, following termination of that pension under regulation 51(5), (6) or (7), has rejoined that force or become a regular police officer in another force in which he is or was serving on the relevant date, any period of pensionable service which was reckonable by him immediately before he so retired;

(c) where he previously ceased to serve in a police force as a regular police officer with an entitlement to a deferred pension which has not come into payment and has subsequently rejoined that force or become a regular police officer in another force in which he is or was serving on the relevant date, any period of pensionable service reckonable by him immediately before he so ceased to serve;

(d) where he previously ceased to serve in a police force as a regular police officer with an entitlement to a deferred pension which, in accordance with regulation 32, came into payment early on the ground of permanent disablement for engaging in any regular employment and his pension has been terminated upon his rejoining his force or joining another force under regulation 51(5), any period of pensionable service reckonable by him immediately before he so ceased to serve:

Provided that, in a case such as is mentioned in the preceding sub-paragraphs, where he was during the period of pensionable service in question purchasing added years by periodical contributions, those added years shall be taken into account only to the extent that—

(i) in a case falling within sub-paragraph (a), they would have been taken into account for the purposes of a deferred pension if he had become entitled to such a pension immediately before the end of that period of service,

(ii) in a case falling within sub-paragraph (b), they are reckonable by virtue of regulation 60(5), and

(iii) in a case falling within sub-paragraph (c), they were taken into account for the purposes of entitlement to the deferred pension mentioned in that sub-paragraph.

    (2) In a case falling within paragraph (1)(c), the entitlement of the officer concerned to that deferred pension shall accordingly be relinquished.

    (3) Where a regular police officer transferred as mentioned in paragraph (1)(a) during a leap year and throughout that leap year had continuous service as a regular police officer then, notwithstanding anything in paragraph (1)(a), the pensionable service reckonable by him by reason of his continuous service in that year shall be a year's, and not 366 days', pensionable service.

    (4) This regulation has effect subject to regulation 14.

Previous service reckonable on payment
     13. —(1) There shall be reckonable by a regular police officer as pensionable service, in the circumstances specified in this regulation, the periods so specified before he last joined or rejoined the force before the relevant date, subject to his having made to the police authority the appropriate payment in accordance with the provisions of paragraph (4).

    (2) Where he previously ceased to serve as a regular police officer without the payment of a pension or a transfer value (and without entitlement to a deferred pension) and has rejoined his force or become a regular police officer in another force in which he is or was serving on the relevant date the period shall be any period of pensionable service reckonable by him at the time he so ceased to serve.

    (3) In a case falling within paragraph (2), the appropriate payment shall be—

(a) a sum equal to any award by way of repayment of aggregate pension contributions which he may have received on so ceasing to serve; and

(b) where the appropriate payment is made more than a year after receipt of any such award, interest from the date of receipt of the award calculated at the rate of 5 per cent per year, compounded with yearly rests.

    (4) The person concerned shall, by notice in writing given to the police authority within a period ending—

(a) six months (or such longer period as the police authority in their discretion may allow) after the date on which he joined or rejoined the force in which he is serving on the relevant date, or

(b) on the day, if earlier, on which he last serves as a regular police officer,

inform the police authority that he wishes to make the payment referred to in paragraph (1):

Provided that, where the person concerned dies before the end of the period specified in this paragraph without having given such notice, he shall be deemed to have given such notice.

    (5) On receipt of the notice referred to in paragraph (4) the police authority shall determine the amount due under paragraph (3) and give written notice of that amount to the person concerned.

    (6) Where a regular police officer undertakes to make an appropriate payment in accordance with paragraph (1), payment shall be made by regular instalments of such amount that the payment of the sum will be completed within a period of two years beginning with the date on which he receives the written notice referred to in paragraph (5), save that where the police authority are satisfied that completion of the payment within that period is causing, or is likely to cause, financial hardship they may allow such longer period as they may determine:

Provided that he may at any time discharge his liability under the undertaking, in whole or in part, by paying the whole or part of the balance of the sum then outstanding.

    (7) Subject to paragraphs (8) and (9), any payment under this regulation shall be made by the police officer to the police authority of the force in which he is serving when the payment falls to be made and, without prejudice to any other method of payment, the liability to make any such payment may be discharged by way of a deduction by the authority from his pay.

    (8) If, before he has discharged his liability under the undertaking, a regular police officer retires under regulation 21 or dies, all further liability under that undertaking shall cease and his liability shall be deemed to have been fully discharged.

    (9) If, before he has discharged his liability under the undertaking, a regular police officer retires otherwise than under regulation 21 with an award other than one of the amount of his aggregate pension contributions in respect of the relevant period of service, the police authority by whom the award is payable shall be empowered to deduct the balance of the sum then outstanding from payments on account of the award.

    (10) This regulation has effect subject to regulation 14.

Reckoning of part-time service
     14. —(1) In the case of a regular police officer who has spent one or more periods in part-time service, the number of days of pensionable service in any such period shall be calculated by the application of the following fraction—

Service reckonable by reason of transfer value
     15. —(1) This regulation applies to a regular police officer—

(a) who before he last became a regular police officer before the relevant date was subject to pension arrangements in pursuance of which a transfer value may be paid to the police authority ("former pension arrangements"), and

(b) in respect of whom a transfer value has, in pursuance of his former pension arrangements, been paid to the police authority of the force in which he is serving on the relevant date.

    (2) There shall be reckonable by a regular police officer to whom this regulation applies, in respect of his former pension arrangements, a period of pensionable service calculated in accordance with tables and guidance issued for the purpose by the Scheme actuary, except that if the transfer value in question is paid and accepted under the public sector transfer arrangements, the period of pensionable service the officer concerned is entitled to reckon in respect of his former pension arrangements shall be calculated in accordance with the rules applicable to those public sector transfer arrangements.

    (3) Notwithstanding anything in this regulation, the provisions of this regulation shall not apply where the regular police officer concerned had a guaranteed minimum in relation to the pension provided by the former pension arrangements unless—

(a) the transfer value mentioned in paragraph (1)(b) is paid under the public sector transfer arrangements, or

(b) were the transfer value mentioned in paragraph (1)(b) to be paid, such part of it as relates to pension benefit accrual before 6th April 1997 is at least as great as the product of—


    


     (A) the annual amount of the pension to which he would, if that transfer value were paid, be entitled under regulation 43, and

     (B) the factor specified in column 2 of the following table opposite his age, as set out in column 1 of that table, as at the date when the police authority is requested to accept that transfer value:

    



Age	Appropriate factor
29 or under	8
30 to 39	9
40 to 49	10
50 or over	12

    (4) In this regulation, "the public sector transfer arrangements" means arrangements approved for the time being by the Minister for the Civil Service as providing reciprocal arrangements for the payment and receipt of transfer values for the purposes of these Regulations to or from other occupational pension schemes.

Reckoning of service for purposes of awards
     16. —(1) Notwithstanding any other provision of these Regulations, for the purposes of calculating all awards payable to or in respect of a regular police officer under these Regulations, the total service which may be reckoned as pensionable service by such an officer shall not exceed 35 years.

    (2) For the purpose of calculating an award payable to or in respect of a regular police officer by reference to any period in years (including a period of pensionable service)—

(a) that period shall be reckoned in completed years and a fraction of a year;

(b) a part of a year shall be taken to be that fraction of a year whereof the denominator is 365 and the numerator is the number of completed days in that part and, accordingly, a part of a year which includes 29th February in a leap year and comprises 365 days shall be treated as a whole year.

Retirement

Retirement
     17. —(1) Subject to paragraph (2), a reference in these Regulations to retirement includes a reference to retirement under regulation 18, 19, 20 or 21, but does not include a reference to—

(a) leaving a force on transferring from one force to another;

(b) leaving a force on joining a Scottish police force or the Police Service of Northern Ireland;

(c) ceasing to serve as a regular police officer, otherwise than on retirement under regulation 21 (compulsory retirement on the ground of disablement), from a date before that on which the officer concerned attains the age of 55 years (whether he so ceases to serve voluntarily, upon the expiry without extension (or further extension) of the period of an appointment for a fixed term in accordance with regulation 11 of the Police Regulations 2003[7] or upon being dismissed or required to resign); or

(d) retirement within the meaning of section 11(2) of the 1996 Act[8] in a case where, under that section, the chief constable in question is required to retire before the date on which he attains the age of 55 years.

    (2) A regular police officer who fulfils the qualifying service criterion and who is dismissed or required to resign, on or after the date on which he attains the age of 55 years, shall be deemed for the purposes of these Regulations to have retired under regulation 18 on the date his dismissal or resignation took effect, having given such notice to the police authority of his intention to retire as is mentioned in regulation 18(2) and with any necessary consent having been given under regulation 18(4).

    (3) A regular police officer fulfils the qualifying service criterion if—

(a) he has at least two years' qualifying service; or

(b) regulation 15 applies to him.

    (4) In paragraph (3), "two years' qualifying service" has the meaning assigned to it by section 71(7) of the 1993 Act[9].

Voluntary retirement
     18. —(1) Subject to paragraphs (2) to (4), a regular police officer may retire on or after the date on which he attains the age of 55 years.

    (2) A regular police officer who intends to retire under this regulation shall give the police authority written notice of that intention—

(a) in the case of an officer of the rank of —


(i) Chief Constable, Deputy Chief Constable or Assistant Chief Constable, or

(ii) Commissioner, Assistant Commissioner or Commander in the City of London police force, or

(iii) Commissioner, Deputy Commissioner, Assistant Commissioner, Deputy Assistant Commissioner or Commander in the Metropolitan police force



at least three months before his intended date of retirement, and

(b) in the case of an officer of any other rank at least one month before his intended date of retirement:

Provided that a police authority may, in their discretion, accept such shorter notice than that specified in sub-paragraph (a) or (b), as the case may be, as they may determine.

    (3) For the purposes of this regulation—

(a) an inspector of constabulary shall be deemed to hold the rank and office of Chief Constable;

(b) an assistant inspector of constabulary shall be deemed to hold the rank of Chief Superintendent; and

(c) any other police officer engaged on relevant service shall be deemed to hold the rank in which he is entitled to revert to his home police force at the end of his period of relevant service.

    (4) A regular police officer who is suspended under the Conduct Regulations may retire under this regulation only if consent to do so is given—

(a) by the police authority in the case of an officer falling within paragraph (2)(a), or

(b) by the chief officer of police in the case of an officer of any other rank.

Compulsory retirement on account of age
     19. —(1) From 6th April 2006 to 30th September 2006, regulation A18(1) and (2) of the 1987 Regulations[10] (compulsory retirement on account of age) shall apply to every regular police officer.

    (2) From 1st October 2006, subject to paragraph (3), every regular police officer shall be required to retire—

(a) if he is of the rank of Constable, Sergeant, Inspector or Chief Inspector, on attaining the age of 60 years,

(b) if he holds any higher rank, on attaining the age of 65 years.

    (3) The time at which, under paragraph (2), a person shall be required to retire may be postponed, if the person concerned holds a rank above that of Superintendent, by the police authority, and, if he holds the rank of Superintendent or any lower rank, by the chief officer of police.

Compulsory retirement on grounds of efficiency of the force
     20. —(1) This regulation applies to a regular police officer of the rank of Chief Superintendent, Superintendent, Chief Inspector, Inspector, Sergeant or Constable who is entitled to reckon 35 years' pensionable service (or would have been so entitled if he had not made an election under regulation 9).

    (2) If the police authority determine that the retention in the force of a regular police officer to whom this regulation applies would not be in the general interests of efficiency, he may be required to retire on such date, on or after the date on which he attains the age of 55 years, as the police authority determine.

Compulsory retirement on the ground of disablement
     21. —(1) A police authority may require a regular police officer to retire on the date on which, having considered all the relevant circumstances, advice and information available to them, they determine that he ought to retire on the ground that he is permanently disabled for the performance of the ordinary duties of a member of the police force:

Provided that a retirement under this paragraph shall be void if, after that date, on an appeal against the medical opinion on which the police authority acted in determining that he ought to retire, the appeal board decides that the appellant is not permanently so disabled.

    (2) This paragraph applies to a regular police officer who is permanently disabled for the performance of the ordinary duties of a member of the police force but who, in accordance with a determination of the police authority in the circumstances of his case, continues to serve as such.

    (3) The police authority for the force in which a police officer to whom paragraph (2) applies is serving may consider, at such times as they may in their discretion determine, whether the disablement has ceased, significantly worsened or significantly improved.

    (4) If on any such consideration the police authority, having considered all the relevant circumstances, advice and information available to them, determine that the officer ought to retire on the ground that he is permanently disabled for the performance of the ordinary duties of a member of the police force they shall require him to retire under paragraph (1) (subject to the proviso to that paragraph).

Effective date of retirement
     22. For the purposes of these Regulations—

(a) a regular police officer shall be taken to retire or cease to serve immediately following his last day of service, and

(b) a regular police officer required to retire under regulation 19, 20 or 21 shall be deemed to retire on the date on which he is so required to retire and his last day of service shall be the immediately preceding day.

    (3) In a case where a regular police officer's final pensionable pay is calculated in accordance with paragraph (2), for the purposes of calculating any award under Part 4, his final pensionable pay as calculated in accordance with sub-paragraphs (a) and (b) respectively shall be applied to the period of service mentioned in the sub-paragraph in question.

    (4) Solely for the purpose of determining the greatest amount under paragraph (1) (including in cases where that paragraph applies as set out in paragraph (2)(a) and (b)), the amount of the average pensionable pay of a regular police officer in respect of any period of twelve months to which paragraph (1)(b) or (c) relates shall be treated as increased by the same amount as that by which an annual pension of an amount equal to that average pensionable pay would have been increased under the Pensions (Increase) Act 1971[11] by the last day of the period referred to in paragraph (1)(a) (as modified, for cases within paragraph (2)(a)) if the said annual pension had come into payment on the day immediately following that on which the relevant period of twelve months to which paragraph (1)(b) or (c) relates ended.

Average pensionable pay
     25. —(1) Subject to paragraphs (2), (3) and (4), the average pensionable pay of a regular police officer in any of the periods of twelve months mentioned in regulation 24(1) shall be the aggregate of his pensionable pay in respect of the period in question:

Provided that where he is entitled to reckon less than twelve months pensionable service, that aggregate shall be multiplied by the reciprocal of the fraction of the twelve-month period during which he was entitled to pensionable pay.

    (2) Where the amount of a regular police officer's average pensionable pay, determined in accordance with paragraph (1), is less than the amount it would have been had he not suffered a temporary stoppage or reduction in rate of pay by way of punishment or by reason of a period of sick leave, maternity leave, parental leave or any other period of leave which was unpaid or paid at a reduced rate being taken, it shall be increased by the difference between those two amounts.

    (3) Where any period of twelve months mentioned in regulation 24(1) includes a period of unpaid maternity leave, unpaid parental leave or unpaid sick leave, in respect of which payment has been made under regulation 10(2)(b), the officer's pensionable pay during that period shall, for the purposes of determining average pensionable pay, be taken to be the pay to which he would have been entitled had the period of unpaid leave in question not been taken; and accordingly the aggregate of his pensionable pay in respect of that period shall not be taken to exceed the amount which he would have received had the period of unpaid leave in question not been taken.

    (4) Where any period of twelve months mentioned in regulation 24(1) includes one or more periods of part-time service, for the purposes of determining average pensionable pay the officer's pensionable pay in respect of any such period, as determined in accordance with paragraphs (1) to (3), shall be taken to be the pay to which he would have been entitled if his part-time service had been full-time.

Aggregate pension contributions for purposes of repayment
     26. —(1) This paragraph applies for the purposes of calculating a payment under these Regulations by reference to the aggregate pension contributions of a regular police officer in respect of the relevant period of service.

    (2) Where paragraph (1) applies, the relevant period of service shall be taken to be the period ending in the retirement or otherwise ceasing to serve as a regular police officer or the death, as the case may be, on which the award is payable and beginning with the date on which he became a regular police officer in the force from which he retired, in which he served until ceasing to serve as aforesaid or in which he died, as the case may be, or, if he has more than once been a regular police officer in that force, the date on which he last joined that force:

Provided that, in the case of a regular police officer who has made an election under regulation 9, the relevant period of service shall be taken to be the period, or last period, during which pension contributions were continuously payable by him under regulation 7 since the date on which, had no such election been made, the relevant period of service would be taken to have begun.

    (3) Where paragraph (1) applies, the aggregate pension contributions in respect of the relevant period of service shall be taken to be the sum of the following amounts—

(a) the aggregate of the pension contributions made in respect of that period by the person concerned to the police authority by whom the award is payable, including any payment made by that person under regulation 10(2)(b) in respect of a period of unpaid maternity leave, unpaid parental leave or unpaid sick leave;

(b) the amount of any sums paid by the person concerned to that police authority (including sums paid in pursuance of an undertaking) as a condition of being entitled to reckon pensionable service by reason of service before that period;

(c) where the person concerned has transferred to the force of the police authority by whom the award is payable, any sum which had he ceased to serve instead of transferring would have been calculable under this paragraph as aggregate pension contributions at the time of transfer;

(d) where the person concerned, while a member of the force of that police authority, became entitled, in the circumstances mentioned in regulation 15(1), to reckon pensionable service by reason of a period of previous service or employment otherwise than as a regular police officer, the amount of any award by way of return of contributions or of any analogous payment which would have been made to him at the end of that period of previous service or employment had he voluntarily ceased to serve or retired from employment in circumstances entitling him to such an award or payment under his former pension arrangements;

(e) where the person concerned previously retired with a pension on the ground of disablement under regulation 21 from the force of the police authority by whom the current award is payable, that pension was terminated under regulation 52 and he rejoined his former force or joined another force, any sum which would have been calculable under this paragraph as aggregate pension contributions at the time of the previous retirement; and

(f) all payments made by him to a police authority in accordance with an election under regulation 56 (election to purchase increased benefits).

    (4) If the regular police officer is a pension debit member, the amount of his aggregate pension contributions under this regulation shall be reduced by such amount as is assessed in accordance with guidance issued by the Scheme actuary.

    (2) Subject to the provisions of these Regulations, a regular police officer to whom this regulation applies shall be entitled to an ordinary pension of an amount calculated in accordance with regulation 28.

Calculation of ordinary pension
     28. —(1) A regular police officer's ordinary pension shall be—

(a) an annual sum payable for life calculated by multiplying an amount equal to one seventieth of his final pensionable pay by the number of years of pensionable service he is entitled to reckon; and

(b) a lump-sum payment calculated by multiplying an amount equal to four seventieths of his final pensionable pay by the number of years of pensionable service he is entitled to reckon:

Provided that a lump-sum payment payable to an officer who rejoined his former force or joined another police force having previously received a lump-sum payment by reason of entitlement to an ill-health pension under regulation 29 or to early payment of a deferred pension on the ground of permanent disablement under regulation 32 (where that pension has been terminated under regulation 51) shall be reduced by an amount equal to the amount of that previous lump-sum payment, increased by the same amount as that by which an annual pension of an amount equal to that previous lump-sum payment would have been increased under the Pensions (Increase) Act 1971 by the date on which the award comes into payment if that annual pension had come into payment on the day on which the previous lump-sum payment was made.

    (2) Where a regular police officer has rejoined his former force or joined another police force more than once having previously received on more than one occasion a lump-sum payment by reason of entitlement to an ill-health pension under regulation 29 or to early payment of a deferred pension on the ground of permanent disablement under regulation 32 (where each pension has been terminated under regulation 51) the lump sum payment payable to the officer under paragraph (1)(b) shall be reduced in accordance with the proviso to paragraph (1) with references to a previous lump-sum payment being construed as references to the officer's most recent lump-sum payment, and of the amount it would have been if he had not prior to that received any lump-sum payment.

Police officer's ill-health pension
     29. —(1) This regulation applies to a regular police officer who retires or has retired under regulation 21 (compulsory retirement on the ground of disablement):

Provided that this regulation shall not apply to a regular police officer—

(a) who has made an election under regulation 9 which had effect at the time of his retirement,

(b) who under regulation 8 is ineligible for pension awards payable on the ground of permanent disablement, or

(c) who has attained the age of 55 at the time of his retirement, and in such a case that policeman shall be entitled to an ordinary pension under regulation 27 instead of an ill-health pension as provided in this regulation.

    (2) Subject to the provisions of these Regulations, a regular police officer to whom this regulation applies shall be entitled to an ill-health pension as provided in this regulation.

    (3) In the case of a regular police officer who, at the time of his retirement—

(a)


(i) fulfils the qualifying service criterion, or

(ii) is disabled as the result of an injury received without his default in the execution of duty; and



(b) in either case, is permanently disabled for the performance of the ordinary duties of a member of the police force but is not permanently disabled for engaging in any regular employment otherwise than as a regular police officer,

the award under paragraph (2) shall be an ill-health pension calculated in accordance with regulation 30 ("a standard ill-health pension").

    (4) In the case of a regular police officer who, at the time of his retirement, falls within paragraph (3)(a) but is permanently disabled both for the performance of the ordinary duties of a member of the police force and for engaging in any regular employment otherwise than as a regular police officer, the award under paragraph (2) shall comprise—

(a) a standard ill-health pension, and

(b) an additional pension calculated in accordance with regulation 31 ("an enhanced top-up ill-health pension").

Calculation of standard ill-health pension
     30. A police officer's standard ill-health pension shall be an annual sum payable for life and a lump-sum payment, calculated in accordance with regulation 28 as if he had been entitled to an ordinary pension at the date of his retirement.

Calculation of enhanced top-up ill-health pension
     31. —(1) A police officer's enhanced top-up ill-health pension shall be an annual sum payable for life and a lump-sum payment, calculated by deducting the annual sum and lump-sum payment payable as his standard ill-health pension from the annual sum and lump sum respectively as calculated in accordance with paragraphs (2) to (6) ("enhanced top-up totals").

    (2) A police officer's enhanced top-up totals shall be calculated in accordance with regulation 28 as if he had been entitled to an ordinary pension at the date of his retirement, but for the purposes of that calculation the pensionable service the officer concerned is entitled to reckon as at the date of his retirement shall be treated as having been increased in accordance with the provisions of paragraphs (3) or (4), subject to paragraph (6), as the case may require.

    (3) In the case of an officer entitled to reckon less than five years' pensionable service as at the date of his retirement, either—

(a) the period of his pensionable service shall be multiplied by four, or

(b) there shall be added to that service a period equivalent to half of the pensionable service he would have become entitled to reckon in respect of the period beginning with the date of the officer's retirement and ending on the day immediately before that on which he would attain the age of 55 years, had he continued to serve and to pay pension contributions in accordance with regulation 7 ("prospective service"),

whichever amounts to the lesser period.

    (4) In the case of an officer entitled to reckon five or more years' pensionable service as at the date of his retirement, there shall be added to that service a period equivalent to half of his prospective service.

    (5) In the case of an officer who has spent one or more periods in part-time service as such, in determining the number of years of pensionable service that he is entitled to reckon as at the date of his retirement for the purposes of paragraphs (3) and (4), a period of service by virtue of which his pensionable service is reckonable is reckonable as if it were a period of full-time service (but this paragraph does not apply so as to affect any other references to pensionable service in paragraphs (3), (4) and (6)).

    (6) In the case of an officer who has spent one or more periods in part-time service as such, the period of prospective service for the purposes of paragraph (3)(b) or (4), as the case may be, shall be calculated as if, during the period beginning with the date of the officer's retirement and ending on the day immediately before that on which he would attain the age of 55 years, he would have served part-time for the same proportion of that period as his total pensionable service before his retirement bears to the total pensionable service he would have been entitled to reckon before his retirement if all that service had been full-time.

    (7) If in a case where any of the officer's service by virtue of which his pensionable service is reckonable was part-time service, the amount of the pension calculated in accordance with the preceding paragraphs would be less than it would have been if he had become entitled to receive the pension at an earlier date, then the pension shall be of that amount instead.

Police officer's deferred pension
     32. —(1) This regulation applies to a regular police officer who fulfils the qualifying service criterion and who—

(a) ceases to serve as such otherwise than on retirement under regulation 18, 19, 20 or 21, or

(b) makes an election under regulation 9,

in circumstances—

(i) in which no transfer value under regulation 78 has been, or is required to be, paid in respect of him, and

(ii) which do not entitle him to any pension award under any of the preceding provisions of this Part or regulation 43 (guaranteed minimum pension for the purposes of the Pension Schemes Act 1993).

    (2) A regular police officer to whom this regulation applies shall, on so ceasing to serve or, as the case may be, on making such election, be entitled to a deferred pension as provided in this regulation.

    (3) In the case of a regular police officer who falls within paragraph (1)(b) and who cancels his election in accordance with regulation 9(5) before his deferred pension has come into payment, his entitlement to that deferred pension shall be relinquished.

    (4) A deferred pension shall be calculated in accordance with paragraph (5); but no payment shall be made on account of the pension in respect of the period before the officer in question attains the age of 65 years or, if he sooner becomes permanently disabled for engaging in any regular employment and he is not ineligible under regulation 8 for a pension award on the ground of permanent disablement, before he becomes so disabled (subject, however, to regulation 54).

    (5) A police officer's deferred pension shall be an annual sum payable for life and a lump-sum payment, calculated as if the deferred pension were an ordinary pension calculated under regulation 28.

Early payment of deferred pension subject to actuarial reduction
     33. —(1) Subject to paragraphs (2) and (3), a regular police officer who is entitled to a deferred pension payable, in accordance with regulation 32(4), upon his attaining the age of 65, may elect for immediate payment of that pension subject to an actuarial reduction:

Provided that no payment shall be made in respect of the period before the officer concerned attains the age of 55 years.

    (2) An election under paragraph (1) shall be made by giving written notice to the police authority at least one month before the date on which the officer concerned wishes such payment to commence.

    (3) The actuarial reduction shall be calculated by the police authority in accordance with tables prepared by the Scheme actuary.

    (4) Where a regular police officer who has made an election under paragraph (1) dies, any survivor's pension payable in respect of that officer shall be calculated as if no such election had been made.

Repayment of aggregate pension contributions
     34. —(1) This regulation applies to a regular police officer who—

(a) retires, ceases to serve as such or who makes an election under regulation 9 (other than as set out in regulation 9(3)), in circumstances—


(i) in which no transfer value under regulation 78 has been, or is required to be, paid in respect of him, and

(ii) which do not entitle him to a pension award under any of the preceding provisions of this Part.

    (2) A regular police officer to whom this regulation applies shall be entitled to a lump sum payment of an amount equal to his aggregate pension contributions in respect of his relevant period of service, calculated in accordance with regulation 26.

Deductions from awards under regulation 9(4) or 34
     35. The police authority may deduct from any payment by way of an award under regulation 9(4) or 34—

(a) that part of any contributions equivalent premium paid in respect of the regular police officer as is permitted under section 61 of the 1993 Act[12]; and

(b) the tax for the time being chargeable on that award under section 205 of the Finance Act 2004[13].

Pension debit members – personal awards
     36. Where a pension debit member is entitled to an award under regulation 27 (an ordinary pension), 29 (an ill-health pension), 32 (a deferred pension) or 34 (repayment of aggregate pension contributions)—

(a) the award shall be calculated by reference to the member's rights under these Regulations as reduced by virtue of section 31 of the 1999 Act[14] and in accordance with such tables and other guidance as are provided for the purpose by the Scheme actuary, and

(b) regulations 37 (exchange of lump sum for additional periodical payments) and 38 (commutation of small pension for lump sum) have effect accordingly.

Exchange of lump sum for additional periodical payments
     37. —(1) This regulation applies to the lump-sum element of an ordinary pension or a deferred pension under this Part (which is not a deferred pension that becomes payable by reason of permanent disablement under regulation 32(4)), but in relation to a deferred pension to which this regulation applies, paragraphs (3), (4) and (5) shall have effect as if any reference in them to retirement or the date of retirement were a reference to the coming into payment of the pension or the date of that coming into payment.

    (2) A regular police officer may, subject to and in accordance with this regulation, exchange for additional annual pension payments the whole or part of a lump-sum element to which this regulation applies to which he may become entitled.

    (3) For the purpose of exchanging a portion of his pension in accordance with this regulation a person shall give notice in writing to the police authority before but not earlier than four months before his intended date of retirement of his wish to surrender and exchange for additional annual pension payments the whole or such part as he may specify of the lump-sum payment to which he would otherwise become entitled:

Provided that the notice of exchange shall not be effective if it was given more than four months before the date of his retirement.

    (4) Where a person retires having given an effective notice of exchange, the police authority shall withhold the whole or the specified part of the lump-sum payment in accordance with the notice and shall pay to that person additional annual pension payments of such amount as represents the actuarial equivalent of the surrendered lump sum or portion of the lump sum at the date of his retirement, calculated from tables prepared by the Scheme actuary.

    (5) Sums paid or payable as additional pension payments by virtue of an effective notice of exchange shall be disregarded for the purposes of the calculation of a survivor's pension under regulation 41 or 42.

Commutation of small pension for lump sum
     38. —(1) Where the annual rate of any pension payable to or in respect of a regular police officer under this Part or regulation 61 does not exceed the small pensions commutation maximum, the police authority may pay the person entitled to the pension a lump sum of such an amount as the Scheme actuary advises represents the capital value of the pension if—

(a) that person consents, and

(b) in a case where the pension is payable to that person under the preceding provisions of this Part and is one which may not be less than that person's guaranteed minimum, he has reached state pension age.

    (2) If—

(a) a person is entitled to more than one pension under the preceding provisions of this Part, or

(b) a person is entitled to more than one pension in respect of the same regular police officer, or

(c) a pension credit member is entitled—


(i) to more than one pension under regulation 61, or

(ii) to one or more pensions within sub-paragraph (a) in addition to one or more pensions under regulation 61,



those pensions may only be commuted under this regulation if they do not in aggregate exceed the amount that is permitted to be commuted under all the commutation requirements that apply in the circumstances in question.

    (3) The payment of a lump sum under this regulation in respect of a pension discharges the relevant police authority from all liability in respect of that pension.

    (4) In this regulation—



"the small pensions commutation maximum" means the amount that is permitted to be commuted, having regard to all the commutation requirements that apply in the circumstances in question, and
"the commutation requirements" means requirements permitting the commutation of small pensions that are imposed—
(a) by regulation 19, 20 or 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996[15],

(b) by regulation 2 of the Occupational Pension Scheme (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997[16],

(c) by regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000[17], or

(d) by paragraph 7 of Schedule 29 to the Finance Act 2004[18] (which defines trivial commutation lump sums for the purposes of Part 1 of that Schedule).

Survivors' pensions


Survivors' pensions - general provision
     39. Subject to and in accordance with the provisions of these Regulations, where a regular police officer dies or has died—



(a) while he is in receipt of an ordinary pension, an ill-health pension or a deferred pension;

(b) after he has ceased to serve as such in circumstances where no transfer value was paid in respect of his service and he is entitled to a deferred pension, whether or not that pension has come into payment;

(c) while he is serving as such and he fulfils the qualifying service criterion and no election under regulation 9 has effect at the time of his death; or

(d) while he is serving as such and, having made an election under regulation 9 which has effect at the time of his death, he is entitled to a deferred pension,



a survivor such as is mentioned in regulation 40 shall be entitled to a pension calculated in the case of an adult survivor in accordance with regulation 41 and in the case of a child survivor in accordance with regulation 42.

Survivors
     40. —(1) For the purposes of regulation 39 a survivor shall mean—



(a) a person who at the time of the death of the officer concerned was his spouse, civil partner or, subject to paragraph (2), other adult partner ("an adult survivor");

(b) a child ("a child survivor") who is—


(i) a natural child, step-child or adopted child of the officer concerned (including a child conceived before the officer's death and born after that death to a person mentioned in sub-paragraph (a)); or

(ii) any other child who at the time of the death of the officer concerned was substantially dependent, financially or by reason of permanent disablement, on him.



    (2) An adult partner other than a spouse or civil partner shall not be entitled to a pension under these Regulations unless—



(a) the police officer concerned had made and sent to the police authority of the force in which he was then serving or by whom his pension was or would be payable a declaration, signed by the police officer and the adult partner concerned, that—


(i) the police officer and the adult partner concerned were cohabiting as partners in an exclusive, committed and long-term relationship;

(ii) the adult partner was financially dependent on the officer or they were financially interdependent;

(iii) the officer and the adult partner were both free to marry each other (where they are of opposite sexes) or to form a civil partnership with each other (where they are of the same sex);

(iv) the police officer acknowledged an obligation to send to the police authority a signed notice of revocation should the relationship terminate;



and had not revoked that declaration before his death; and



(b) the surviving adult partner has submitted a claim in writing to the police authority by whom such a pension would be payable and satisfied the authority—


(i) that the circumstances mentioned in paragraphs (i), (ii) and (iii) of sub-paragraph (a) continued to subsist at the time of the officer's death, and

(ii) that the period of cohabitation mentioned in paragraph (i) of sub-paragraph (a) had been of at least two years' duration at the time of the officer's death.



    (3) The police authority may in their discretion accept a shorter period of cohabitation than that mentioned in paragraph (2)(b)(ii) where they are satisfied, in the particular circumstances of the case, that it is likely that the police officer and the adult partner concerned would have cohabitated as partners for at least two years had the police officer not died.

    (4) Upon receipt of a declaration or notice of revocation of such a declaration made in accordance with paragraph (2)(a), the police authority shall forthwith send to the officer concerned a written notification of its receipt.

Calculation of adult survivors' pensions
     41. —(1) An adult survivor's pension shall be calculated in accordance with the provisions of this regulation, subject to regulations 33(4) and 37(5).

    (2) Subject to paragraphs (6) and (7), in a case where the police officer concerned died in the circumstances mentioned in regulation 39(a), (b) or (d), an adult survivor of that officer shall be entitled to an annual pension payable for life of an amount equivalent to half of the annual pension which was payable to the officer at the time of his death or, as the case may be, would have been payable to the officer if his deferred pension had come into payment immediately before his death.

    (3) Subject to paragraphs (6) and (7), in a case where the police officer concerned died in the circumstances mentioned in regulation 39(c), an adult survivor of that officer shall be entitled to an annual pension payable for life of an amount equivalent to half of the annual sum that would have been payable to the officer if he had retired immediately before his death with an entitlement to both a standard and an enhanced top-up ill-health pension calculated in accordance with regulations 30 and 31.

    (4) Where the police officer concerned was a pension debit member, an adult survivor's pension is calculated by reference to the member's rights under these Regulations as reduced by virtue of section 31 of the 1999 Act and in accordance with such tables and other guidance as are provided for the purpose by the Scheme actuary.

    (5) An adult survivor's pension shall be calculated by reference to the annual pension which was payable or would have been payable to the police officer as mentioned in paragraph (2), or by reference to the annual sum that would have been payable to the police officer as mentioned in paragraph (3), without taking account of any increase of that annual pension or annual sum in accordance with the Pensions (Increase) Acts.

    (6) In the case of an adult survivor who was more than twelve years younger than the police officer concerned at the date of his death, the survivor's pension, as calculated in accordance with paragraph (2), (3) or (4), as the case may require, and paragraph (5), shall be reduced by 2.5 per cent in respect of each whole year and any additional part of a year in excess of twelve by which the survivor was younger than the officer:



Provided that no such reduction shall exceed 50 per cent of the pension that would otherwise be payable.

    (7) In any case where the adult survivor is a surviving spouse or surviving civil partner and the marriage of the spouse and the officer concerned took place, or, as the case may be, the civil partnership was formed, within the period of six months immediately preceding the officer's death, the police authority by whom the survivor's pension is payable may, in their discretion, withhold the pension.

    (8) The amount of an adult survivor's pension, calculated in accordance with the preceding provisions of this regulation, shall be increased in accordance with regulation 50 (increase by reference to the Pensions (Increase) Acts).

Calculation of child survivors' pensions
     42. —(1) Subject to the provisions of this regulation and regulations 33(4) and 37(5), a child survivor's pension shall be an annual amount equivalent to half of the pension which would be payable to any adult survivor as calculated in accordance with regulation 41(2) or (3), as the case may require, and regulation 41(5):



Provided that where three or more child survivors' pensions are for the time being payable in respect of the death of the same person, the pension payable to each child survivor shall be an annual amount equal to the pension which would be payable to an adult survivor as so calculated divided by the total number of child survivors' pensions so payable.

    (2) Where a pension debit member dies leaving a child survivor, the reduction in his rights under these Regulations by virtue of section 31 of the 1999 Act[19] is disregarded for the purposes of calculating any child survivor's award payable to that child under these Regulations.

    (3) In a case where a child survivor is in full-time training for a trade, profession or calling or is employed and is in receipt of remuneration in respect of that training or employment, his child survivor's pension shall be withdrawn or reduced in accordance with paragraph (4).

    (4) In the case of a child survivor such as is mentioned in paragraph (3)—



(a) if the annual amount of his child survivor's pension is greater than the amount of his excess remuneration (within the meaning of paragraph (5)), it shall be reduced by the amount of that excess remuneration, or

(b) if the amount of that excess remuneration is equal to or greater than the annual amount of the child survivor's pension which, but for this sub-paragraph, would be payable to him, the child survivor's pension shall not be payable.



    (5) The excess remuneration referred to in paragraph (4) means the annual amount by which the annual rate of the relevant child survivor's remuneration exceeds the specified rate, where "specified rate" means a sum equivalent to the annual rate (rounded up to the nearest £1) of the applicable amount of personal allowance payable to a single claimant aged not less than 18 but less than 25 years, as specified in the Income Support (General) Regulations 1987[20] as uprated from time to time in accordance with an order under section 150(2) of the Social Security Administration Act 1992[21].

    (6) A child survivor's pension shall be payable—



(a) in a case where the child survivor was, in the opinion of the police authority, at the time of the police officer's death, dependent on him by reason of permanent disablement, for life;

(b) in a case where the child is in full-time education on a course of at least one year's duration, until he ceases to be in full-time education or attains the age of 23 years, whichever first occurs;

(c) in any other case, until the child survivor attains the age of 19 years.



    (7) A child survivor's pension, calculated in accordance with this regulation, shall be increased in accordance with regulation 50.



Guaranteed minimum pension
Guaranteed minimum pension for the purposes of the Pension Schemes Act 1993
     43. —(1) This paragraph applies in the case of a regular police officer who has a guaranteed minimum under section 14 of the 1993 Act[22] in relation to his pension provided under these Regulations:


Provided that it shall not apply in the case of a regular police officer in respect of whom a transfer value has been, or is required to be, paid under regulation 78.

    (2) A regular police officer to whom paragraph (1) applies shall be entitled to a pension payable for life of a weekly amount equal to his guaranteed minimum (increased in accordance with section 15 of the 1993 Act); but no payment shall be made on account of the pension—



(a) in respect of any period before the date on which he attains state pensionable age;

(b) if he is also entitled to a pension under the preceding provisions of this Part, in respect of any period for which that pension, together with any increase under the Pensions (Increase) Act 1971[23], exceeds the pension which, disregarding this sub-paragraph, would be payable under this regulation, or

(c) in respect of any period following the date on which he attains state pensionable age during which he continues to be in service or employment (whether or not as a regular police officer) which commenced before he attained that age if—


(i) his service or employment is otherwise than as a regular police officer and he consents to postponement of his entitlement under this paragraph, or

(ii) he is entitled to an ordinary or deferred pension under these Regulations but for the period in question that pension has been withdrawn, in whole or in part, in pursuance of a decision taken by the police authority for the purposes of regulation 52 before he attained state pensionable age, or

(iii) his continued service is as a regular police officer and he has no entitlement to an ordinary or deferred pension under these Regulations:



Provided that where he continues to be in service or employment (whether or not as a regular police officer) for a period of five years following the date on which he attains state pensionable age and does not then leave it, the commencement of his entitlement to a guaranteed minimum pension may be further postponed only if he consents to such postponement.

    (3) This paragraph applies in the case of a regular police officer who has ceased to be in service or employment that was contracted-out within the meaning of section 8(1) of the 1993 Act[24] and either—



(a) all his entitlements to awards under these Regulations, except his rights in respect of his guaranteed minimum or his rights under section 9(2B) of the 1993 Act[25] ("his contracting-out rights") have been transferred under Part 8, or

(b) he has no entitlement to an award under these Regulations apart from his contracting-out rights.



    (4) A regular police officer to whom paragraph (3) applies shall be entitled to—



(a) a pension payable for life as from the date on which he attains state pensionable age of a weekly amount equal to his guaranteed minimum, if any, and

(b) as from the date on which he attains the age of 55 a lump sum and pension in respect of his rights under section 9(2B) of the 1993 Act.



    (5) In a case in which paragraph (1) or (3) applies, where the regular police officer dies or has died at any time leaving a surviving spouse or surviving civil partner then, unless any pension to which he has been entitled has been forfeited under regulation 55(2), the surviving spouse or surviving civil partner, as the case may be, shall be entitled to a pension of a weekly amount calculated in accordance with section 17(3) or (4) of the 1993 Act, as the case may require; but no payment shall be made on account of such pension if the surviving spouse or surviving civil partner is also entitled to a survivor's pension under regulation 39 in respect of any period for which the amount of that survivor's pension exceeds the pension which, disregarding this paragraph, would be payable under this regulation.

    (6) Where a surviving spouse or surviving civil partner is entitled to both a survivor's pension under regulation 39 and a pension under paragraph (5) then, in respect of any period in respect of which a payment is made on account of the pension under paragraph (5), no payment shall be made to the surviving spouse or surviving civil partner on account of any such survivor's pension.

    (7) For the purposes of this regulation, "state pensionable age" shall mean, in the case of a man, the age of 65 or, in the case of a woman, the age of 60.

    (8) Regulation 55 (forfeiture of pension) shall apply in relation to a pension under paragraph (2), (4) or (5) as it applies to any other pension under this Part but as if paragraph (4) of that regulation were omitted.

    (9) Save as provided in paragraph (2), (5), (6) or (8), nothing in any other regulation shall affect a person's entitlement to a pension under this regulation, the amount of such a pension or the circumstances in which it may be withdrawn or forfeited.



Awards on death - additional provisions
Death gratuities - dependants
     44. —(1) This regulation applies in the case of a regular police officer who