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The Police Pensions Regulations 2015

Type Statutory-Instrument

Publication 2015-02-27

Last updated 2024-10-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 27th February 2015

Laid before Parliament: 5th March 2015

Coming into force: 1st April 2015

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(g) , 2(1), 3(1), (2) and (3)(a) and (c), 4(3) and (5) as read with 4(1), 5(2)(c) as read with 5(1), 7(2) as read with 7(1), 8(1)(a) , 12(6) and (7) , 18(5) to (7) and 25(2) of, and paragraph 7 of Schedule 2, Schedule 3, and paragraphs 1(2)(ii), 2(2)(ii) and 5(1) of Schedule 7 to, the Public Service Pensions Act 2013 .

In accordance with section 21 of that Act, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.

PART 1 — Preliminary

Citation and commencement

1

(1) These Regulations—

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

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

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

Interpretation

2

(1) In these Regulations—

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

“FA 2004” means the Finance Act 2004 ;

“PA 1995” means the Pensions Act 1995 ;

“PA 1996” means the Police Act 1996;

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

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

“PSA 1993” means the Pension Schemes Act 1993 ;

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

“the 2003 Regulations” means the Police Regulations 2003 ;

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

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

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

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

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

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

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

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

“accrued added pension” means—accrued added (self only) pension (if any); andaccrued added (all beneficiaries) pension (if any);

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

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

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

“accrued earned pension” means—in relation to this scheme—accrued standard earned pension (if any); andaccrued club transfer earned pension (if any);in relation to another pension scheme or the existing police pension scheme, accrued rights to benefits under that scheme derived from—pension which is earned under that scheme; orpension which is attributable to a transfer payment received by that scheme;

“accrued pension” means—accrued earned pension; andaccrued added pension (if any);

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

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

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

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

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

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

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

“added pension” means—added (self only) pension (if any); andadded (all beneficiaries) pension (if any);

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

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

“adoption leave” means—for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(8)(c) of the 2003 Regulations; orfor 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 taken in accordance with a determination under regulation 33(8)(d) of the 2003 Regulations; orfor a person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

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

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

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

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

“annual rate”—for each description of pension, has the meaning given in Part 7 (retirement benefits); andin relation to pensionable earnings, means the amount of pensionable earnings payable for a scheme year;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“the commutation amount” means the amount of pension exchanged for a lump sum as a result of the exercise of the option to exchange part of a pension for a lump sum—exercisable under regulation 124 (option to commute part of pension) in relation to a retirement pension; orexercisable under regulation 131 (option for pension credit member to commute part of pension) in relation to a pension credit member's pension;

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

“continuity of service”—in relation to service in the 1987 scheme and this scheme, has the meaning given in paragraph 4 of Schedule 4; andin relation to service in the 2006 scheme and this scheme, has the meaning given in paragraph 5 of that Schedule;

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

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

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

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

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

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

“description of deferred added pension” means—deferred added (all beneficiaries) pension; ordeferred added (self only) pension;

“description of deferred earned pension” means—deferred standard earned pension;deferred club transfer earned pension;

“description of deferred pension” means—deferred standard earned pension;deferred club transfer earned pension;deferred added (all beneficiaries) pension; ordeferred added (self only) pension;

“description of pension” means—standard earned pension;transferred pension;club transfer earned pension;added (all beneficiaries) pension; oradded (self only) pension;

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

“duly qualified medical practitioner” means a registered medical practitioner who holds—the minimum qualification of Associate of the Faculty of Occupational Medicine ...; orany other equivalent qualification acceptable to the scheme manager;

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

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

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

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

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

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

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

“the existing NI police pension scheme” means—for a 1987 transition member, the 1988 NI police pension scheme;for a 2006 transition member, the 2009 NI police pension scheme;

“the existing police pension scheme” means—the 1987 scheme; orthe 2006 scheme;

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

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

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

“full retirement pension” means the following pensions payable under Part 7, Chapter 2 (full retirement benefits)—a retirement earned pension; anda retirement added pension (if any);

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

“gap in service”, in relation to service in this scheme, means any period after a member's first day of eligible service—in which the member is not in eligible service; orin respect of which the member is opted out of this scheme under Chapter 2 of Part 4;

“guaranteed minimum” means the guaranteed minimum as defined in sections 14 and 17 of PSA 1993 (minimum pensions for earners, widows and widowers)—as increased in accordance with the requirements of section 109 of that Act (annual increase of minimum pensions); andif a reduction has been made under section 15A of that Act (reduction of guaranteed minimum in consequence of pension debit), as reduced in accordance with that section;

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

“home police force” means—a police force maintained under section 2 of PA 1996;the metropolitan police force; orthe City of London police force;

“ill-health benefits” means—an ill-health pension; ora full retirement pension which comes into payment early on grounds of permanent medical unfitness;

“ill-health pension” means—for a transition member with continuity of service, a transition member's ill-health pension payable under paragraph 23 of Schedule 4; orotherwise, a lower tier ill-health pension and an enhanced upper tier ill-health pension (if applicable) payable under Part 7 (retirement benefits);

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

“index adjustment” means—in relation to the opening balance of earned pension other than club transfer earned pension for any scheme year, the change in prices in the previous scheme year , plus 1.25%; andin relation to the opening balance of club transfer earned pension for any scheme year, the in-service revaluation index that the sending scheme would have applied to that amount of earned pension for that scheme year, had the earned pension not been transferred;

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

“Injury Benefits Regulations” means—the Police (Injury Benefit) Regulations 2006; orscheme regulations providing for payment of injury benefits to members of a police force in England and Wales;

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

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

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

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

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

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

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

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

“maternity leave” means—for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(7) of the 2003 Regulations; orfor a person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

“maternity support leave” means—for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(8)(a) of the 2003 Regulations; orfor a person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

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

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

“member of a police force”, in relation to England and Wales, means—a member of a home police force;a member of a police force other than a home police force;a former member of a home police force; ora former member of a police force other than a home police force;

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

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

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

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

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

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

“parental leave” means—for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(8)(b) of the 2003 Regulations; orfor a person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

“part-time service” means—in relation to a member of a home police force, service by a person appointed under regulation 5 of the 2003 Regulations; orin relation to a member of a police force other than a home police force, part-time service under the member's terms and conditions of employment;

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

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

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

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

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

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

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

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

“another pension scheme” means—another occupational pension scheme that is a registered pension scheme but is not a connected scheme; ora personal pension scheme;

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

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

“pensionable earnings”, in relation to any period—for the purpose of calculating member contributions, has the meaning given in Part 10; andotherwise, has the meaning given in regulation 33 (pensionable earnings);

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

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

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

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

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

“PIA index adjustment”, in relation to the opening balance of added pension for any scheme year, means the amount by which the annual rate of a pension of an amount equal to the opening balance would have been increased in that year under PIA 1971 if—that pension were eligible to be so increased; andthe beginning date for that pension were the first day of the previous scheme year;

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

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

“a police pension scheme” means—this scheme;the 2015 Scotland police pension scheme; orthe 2015 NI police pension scheme;

“the police service in Northern Ireland” means those persons who are eligible to be a member of—the 2015 NI police pension scheme;the 2009 NI police pension scheme; orthe 1988 NI police pension scheme;

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

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

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

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

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

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

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

“retirement added pension” means—retirement added (self only) pension (if any); andretirement added (all beneficiaries) pension (if any);

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

“retirement earned pension” means, in relation to this scheme—retirement standard earned pension (if any); andretirement club transfer earned pension (if any);

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

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

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

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

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

“scheme closing date” means 31st March 2015;

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

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

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

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

“sick leave” means—for a person in service as a member of a home police force, leave taken in accordance with a determination under regulation 33(5) of the 2003 Regulations; orfor a person in service as a member of a police force in England and Wales other than a home police force, any period of equivalent leave taken by the person while in that service;

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

“standard earned pension” means pension which is earned under this scheme and which is payable without actuarial reduction—to an active member of this scheme who becomes a pensioner member of this scheme on reaching normal pension age under this scheme ; orto a deferred member of this scheme who becomes a pensioner member of this scheme on reaching the member's state pension age;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“transition member” means—a 1987 transition member; ora 2006 transition member;

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

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

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

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

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

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

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

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

PART 2 — Establishment of scheme for members of a police force

Establishment of scheme

3

These Regulations establish a scheme for the payment of pensions and other benefits to or in respect of members of a police force in England and Wales other than special constables or police cadets .

Members of a home police force

4

(1) In these Regulations, “member of a home police force” means—

(a) a member of a police force maintained under section 2 of PA 1996;

(b) a member of the metropolitan police force; or

(2) For the purpose of paragraph (1)—

(a) “a member of a police force maintained under section 2 of PA 1996” does not include a special constable or a police cadet;

(b) “a member of the metropolitan police force” does not include a special constable or a police cadet;

(d) the commissioner, deputy commissioner, assistant commissioners and deputy assistant commissioners of police of the metropolis are deemed to be members of the metropolitan police force; and

(e) the commissioner and assistant commissioners of police for the City of London are deemed to be members of the City of London police force.

(3) For the purpose of these Regulations, a member of a home police force remains in service as a member of that police force during—

(a) a career break; and

(b) any other period of unpaid leave—

(i) that does not exceed 5 years; and

(ii) during which the employment relationship continues .

Members of a police force other than a home police force

5

(1) For the purpose of these Regulations—

(a) a body mentioned in column 2 of the table is deemed to be a police force in England and Wales to the extent that the person described in the corresponding item in column 1 is employed by that body; and

(b) the person described in column 1 of the table is deemed to be in service as a member of the police force mentioned in the corresponding item in column 2.

(2) For the purpose of these Regulations, a member of a police force mentioned in column 2 of the table remains in service as a member of that police force during—

(a) a career break; and

(b) any other period of unpaid leave—

(i) that does not exceed 5 years; and

(ii) during which the employment relationship continues .

Item	Column 1 – Deemed members of a police force	Column 2 – Deemed police forces

1	A person appointed as Chief Inspector of Constabulary who is a former member of a home police force, the Police Service of Scotland or the police service in Northern Ireland.	The body in or with which the person is serving.

2	A person engaged on service as an inspector of constabulary or an assistant inspector of constabulary who is a former member of a home police force, the Police Service of Scotland or the police service in Northern Ireland.	The body in or with which the person is serving.

3	A specified NCA officer ....	The NCA.

4	A person engaged on service as chief executive of the body known as the College of Policing who immediately before beginning that service was in UK police service.	The College of Policing.

5	A person holding the office of constable who is engaged as a member of staff of the Disclosure and Barring Service and who immediately before becoming so engaged was in UK police service.	The Disclosure and Barring Service.

6	A person engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 who immediately before becoming so engaged was in UK police service.	The Independent Office for Police Conduct.

7	A person in service as an officer pursuant to an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 .	The body in or with which the person is serving.

8	A person appointed as Chief Inspector of the UK Border Agency who has held the office of constable and who immediately before the appointment was in UK police service.	The department of the Secretary of State.

9	A person engaged on temporary service in accordance with arrangements made under section 26(2) of PA 1996.	The body in or with which the person is serving.

10	A person engaged on relevant service under section 97 of PA 1996.	The department of the Secretary of State.

(3) For the purpose of the table, a person was in UK police service if the person was—

(a) an active member or eligible to be an active member of a police pension scheme;

(b) in pensionable service or eligible to be in pensionable service under the existing police pension scheme; or

(c) in service or eligible to be in service which was pensionable under the existing NI police pension scheme or the existing Scotland police pension scheme.

(4) For the purpose of these Regulations, a person engaged on relevant service under section 97 of PA 1996 as a National Crime Agency officer who is based in Scotland is deemed to be in service as a member of a police force in England and Wales other than a home police force.

Meaning of “specified NCA officer”

6

(1) For the purpose of these Regulations, a person in service as a National Crime Agency officer is a specified NCA officer if paragraph (2), (3) or (4) applies.

(2) This paragraph applies if—

(a) the person's service is as the Director General of the NCA; and

(b) immediately before beginning that service, the person was in UK police service.

(3) This paragraph applies if—

(a) the person is in service as an NCA officer in a role that is designated by the Director General of the NCA, with the agreement of the Treasury, as a role that requires police skills; and

(b) immediately before beginning that service, the person was in UK police service.

(4) This paragraph applies if—

(a) the person is a transition member; and

(b) immediately before becoming an active member of this scheme, the person's service as a National Crime Agency officer was eligible service within the meaning of section 11(9) to (13) of the Police Pensions Act 1976 .

PART 3 — Governance

Police pension authority

7

In these Regulations, the police pension authority for a member of a police force mentioned in column 1 is the person or body mentioned in column 2.

Alteration of police areas

8

(1) This regulation applies if a police area in relation to a home police force is combined with another police area to form part of that police area, or is divided into 2 or more police areas, by an order made under—

(a) section 32 of the Police Act 1996;

(b) section 58 of the Local Government Act 1972; or

(2) If a police area (“the original police area”) is combined with another police area to form part of that police area (“the combined police area”), for the purpose of these Regulations—

(a) the police force for the combined police area is taken to be the police force for the original police area; and

(b) the police pension authority for a member of the police force for the combined police area is taken to be the police pension authority for a member of the police force for the original police area.

(3) If as a result of dividing a police area (“the divided police area”), a member of the home police force in the divided police area is transferred to a home police force in another police area (“the new police area”), for the purpose of these Regulations—

(a) the police force for the new police area is taken to be the police force for the divided police area; and

(b) the police pension authority for a member of the police force for the new police area is taken to be the police pension authority for a member of the police force for the divided police area.

Scheme manager

9

(1) The police pension authority for a member of a police force is responsible for managing and administering this scheme and any statutory pension scheme that is connected with it in relation to that member.

(2) Pensions and other benefits payable under this scheme are payable by the scheme manager.

(3) A statutory pension scheme that is a defined contributions scheme is not connected with this scheme.

(4) In these Regulations, “scheme manager” in relation to a member of a police force means the police pension authority for that member acting in exercise of its functions under paragraph (1).

Scheme manager approval

10

In this Part, “scheme manager approval” means—

(a) for a Police Pensions Board established to assist one scheme manager, the approval of that scheme manager; or

(b) for a Police Pensions Board established to assist more than one scheme manager, the approval of each of those scheme managers.

Delegation

11

(1) The Secretary of State may delegate any functions under these Regulations, including this power to delegate.

(2) The scheme manager may delegate any functions under these Regulations, including this power to delegate.

Scheme manager's obligation to pass on member's records

12

(1) Paragraph (2) applies if a member of a police force in England and Wales (“the original police force”) becomes a member of another police force in England and Wales ( “ the new police force ”).

(2) The scheme manager for the original police force must give the scheme manager for the new police force within 3 months after the member becomes a member of the new police force any information or documents required by the scheme manager for the new police force for the purpose of—

(a) the scheme manager's functions under these Regulations; or

(b) records required to be kept by the scheme manager under regulations made under section 16 of the Act.

(3) Paragraph (4) applies if a member of a police force in England and Wales (“the original police force”) becomes a member of the Police Service of Scotland.

(4) The scheme manager for the original police force must give the scheme manager for the Police Service of Scotland any information or documents required by the scheme manager for the Police Service of Scotland for the purpose of—

(a) the scheme manager's functions under the 2015 Scotland police pension scheme; or

(b) records required to be kept by the scheme manager under regulations made under section 16 of the Act.

(5) Paragraph (6) applies if a member of a police force in England and Wales (“the original police force”) becomes a member of the police service in Northern Ireland ( “ the NI police service ”).

(6) The scheme manager for the original police force must give the scheme manager for the NI police service any information or documents required by the scheme manager for the NI police service for the purpose of—

(a) the scheme manager's functions under the 2015 NI police pension scheme; or

(b) records required to be kept by the scheme manager under regulations made under section 16 of the Public Service Pensions Act (Northern Ireland) 2014 .

Police Pension Boards: establishment

13

(1) The scheme manager must ensure that a pension board (“a Police Pension Board”) is established to assist the scheme manager—

(a) to secure compliance with—

(i) these Regulations;

(ii) any other legislation relating to the governance and administration of this scheme and any statutory pension scheme that is connected with it; and

(iii) any requirements imposed by the Pensions Regulator in relation to this scheme or any statutory pension scheme that is connected with it; and

(b) in the performance of the scheme manager's functions under these Regulations.

(2) A Police Pension Board may be established to assist more than one scheme manager.

(3) The following scheme managers must identify an established Police Pension Board to assist them—

(a) the Secretary of State;

(b) the Director General of the NCA;

(d) the Disclosure and Barring Service;

(e) the Independent Office for Police Conduct;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph (3), “established Police Pension Board” means a Police Pension Board which has been established to assist another scheme manager.

Police Pension Boards: membership

14

(1) Subject to regulation 16 (conflicts of interest), a Police Pension Board is to consist of the following members who are to be entitled to vote in its proceedings (“voting members”)—

(a) a chair and a deputy chair appointed by the scheme manager; and

(b) at least 4, and no more than 12, persons appointed by the chair with scheme manager approval.

(2) The chair and deputy chair must not both be employer representatives or member representatives .

(3) If the scheme manager does not appoint an independent chair, the chair and deputy chair must alternate their roles at intervals agreed by the Board.

(4) Equal numbers of employer representatives and member representatives must be appointed to the Board.

(5) The chair, with scheme manager approval, may appoint to the Police Pension Board up to 4 independent members who are not to be entitled to vote in the Board's proceedings (“non-voting members”).

(6) A member of a Police Pension Board is to hold and vacate office in accordance with the terms of that member's appointment.

(7) In this regulation, “independent” means neither an employer representative nor a member representative.

Police Pension Boards: procedure

15

(1) A Police Pension Board may determine its own procedures, subject to scheme manager approval.

(2) If there is a tied vote on any issue, the chair has a casting vote.

Police Pension Boards: conflicts of interest

16

(1) Before appointing, or approving the appointment of, any person under regulation 14 (membership), the scheme manager must be satisfied that that person does not have a conflict of interest .

(2) The scheme manager must be satisfied from time to time that none of the members of a Police Pension Board has a conflict of interest.

(3) If the scheme manager determines that a member of a Police Pension Board has a conflict of interest, the scheme manager must terminate the appointment of the member.

(4) A member of a Police Pension Board, or a person proposed to be appointed as such a member, must provide the scheme manager with any information the scheme manager may reasonably require for the purpose of paragraph (1) or (2).

Payment of fees and expenses

17

The scheme manager may—

(a) pay fees to or in respect of members of a Police Pension Board of such amounts as the scheme manager may determine; and

(b) reimburse members of a Police Pension Board in respect of any reasonable expenses incurred by them in the performance of their duties in relation to this scheme.

Scheme advisory board: establishment

18

(1) A scheme advisory board is established .

(2) The scheme advisory board is responsible for providing advice to the Secretary of State, at the Secretary of State's request, on the desirability of making changes to this scheme.

(3) The scheme advisory board may provide advice (on request or otherwise) to a scheme manager or to a Police Pension Board in relation to the effective and efficient administration and management of this scheme and any statutory pension scheme that is connected with it.

(4) The scheme advisory board may determine its own procedures, subject to the approval of the Secretary of State.

Scheme advisory board: membership

19

(1) Subject to regulation 20 (conflicts of interest), the Secretary of State must appoint the members of the Police Advisory Board for England and Wales to be the members of the scheme advisory board.

(2) A member of the scheme advisory board is to hold and vacate office in accordance with the terms of that member's appointment.

(3) In this regulation, “Police Advisory Board for England and Wales” means the board which is continued under section 63(1) of PA 1996.

Scheme advisory board: conflicts of interest

20

(1) Before appointing a person as a member of the scheme advisory board, the Secretary of State must be satisfied that that person does not have a conflict of interest .

(2) The Secretary of State must be satisfied from time to time that none of the members of the scheme advisory board has a conflict of interest.

(3) If the Secretary of State determines that a member of the scheme advisory board has a conflict of interest, the Secretary of State must terminate the appointment of the member.

(4) A member of the scheme advisory board, or a person proposed to be appointed as such a member, must provide the Secretary of State with any information the Secretary of State may reasonably require for the purpose of paragraph (1) or (2).

PART 4 — Scheme membership

CHAPTER 1 — Active membership

Eligible service

21

(1) A member of a police force in England and Wales—

(a) is in eligible service; and

(b) is eligible to be an active member of this scheme.

(2) While a person is a protected member of the existing police pension scheme, the person—

(a) is not in eligible service; and

(b) is not eligible to be an active member of this scheme.

(3) For the purpose of these Regulations, a member of a police force remains in eligible service during—

(a) a career break; and

(b) any other period of unpaid leave—

(i) that does not exceed 5 years; and

(ii) during which the employment relationship continues .

(4) For the purpose of these Regulations, a member of a police force remains in eligible service during a period of permanent service unless during that period of permanent service P is in pensionable service in—

(a) an existing scheme that relates to the armed forces or another scheme under section 1 of the Act that relates to the armed forces; or

(b) any other occupational pension scheme.

Periods of unpaid leave

22

(1) For the purpose of determining entitlement to payment of benefits to or in respect of a member of this scheme, the member is taken to be an active member of this scheme during the following periods of unpaid leave—

(a) a career break; and

(b) any other period of unpaid leave—

(i) that does not exceed 5 years; and

(ii) during which the employment relationship continues.

(2) For the purpose of these Regulations, the employment relationship continues during the following periods of unpaid leave—

(a) unpaid leave mentioned in regulation 172(1) (option to pay member contributions for period of unpaid leave) that does not exceed 5 years;

(b) unpaid sick leave that does not exceed 5 years;

(d) any other period of unpaid leave—

(i) that does not exceed 5 years; and

(ii) that is approved by the employer as a period in respect of which the employment relationship continues .

Period of permanent service

23

For the purpose of determining entitlement to payment of benefits to or in respect of a member of this scheme, the member is taken to be an active member of this scheme during a period of permanent service.

CHAPTER 2 — Automatic enrolment

Application of Chapter

24

This Chapter applies in relation to a continuous period of eligible service.

Interpretation of Chapter

25

In this Chapter—

“automatic re-enrolment date”, in relation to a person in eligible service, means a date determined under regulation 12 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 ;

“continuous period of eligible service” means a period of eligible service disregarding any period not exceeding 5 years in which the person is not in eligible service ; and

“first day of eligible service” means the first day of a continuous period of eligible service.

Automatic enrolment

26

(1) A person (P) begins pensionable service under this scheme on P's first day of eligible service unless—

(a) regulation 31 (opting out before the end of the initial period of eligible service) applies; or

(b) P is a transition member with continuity of service and paragraph (2) applies.

(2) This paragraph applies if—

(a) P's first day of eligible service is the day after P's closing date; and

(b) as at P's closing date, P was opted out of the existing police pension scheme.

(3) Paragraph (4) applies in relation to a person (P) in service as a member of a police force in England and Wales (“the original police force”) who becomes a member of another police force in England and Wales ( “ the new police force ”).

(4) A person in pensionable service under this scheme in relation to the original police force continues in pensionable service under this scheme when P becomes a member of the new police force.

(5) Paragraph (6) applies in relation to a person (P) who is a member of the police service in Northern Ireland or the Police Service of Scotland who becomes a member of a police force in England and Wales ( “ the new police force ”).

(6) A person in pensionable service under the 2015 NI police pension scheme or the 2015 Scotland police pension scheme begins pensionable service under this scheme when P becomes a member of the new police force.

Opting in to this scheme

27

(1) A person in eligible service who is not in pensionable service under this scheme may opt to become an active member of this scheme in relation to that eligible service.

(2) The option under this regulation may only be exercised by written notice to the scheme manager (“opt-in notice”).

(3) The option under this regulation is taken to be exercised on the date on which the opt-in notice is received by the scheme manager .

(4) If P opts out of this scheme within 12 months after opting in, P may not opt in again until after the end of that period of 12 months.

(5) A person who was in pensionable service before beginning a career break or any other period of unpaid leave is taken to re-enter pensionable service when returning from the career break or other period of unpaid leave.

When an opt-in takes effect

28

If P opts in to this scheme in relation to eligible service, P becomes an active member of this scheme in relation to that service—

(a) at the beginning of the first pay period beginning on or after the date on which the option is exercised; or

(b) if the scheme manager considers that time inappropriate, at any other time the scheme manager considers appropriate.

Automatic re-enrolment

29

(1) This regulation applies if, on the automatic re-enrolment date, a person in eligible service is not in pensionable service under this scheme.

(2) On the automatic re-enrolment date, the scheme manager must enrol P in this scheme in relation to that eligible service if the employer is required under section 5 (automatic re-enrolment) of the Pensions Act 2008 to make arrangements for P to be an active member of a pension scheme.

(3) For the purpose of paragraph (2), the employer is required to make arrangements under that section even if—

(a) P has not reached the age of 22;

(b) P has reached normal pension age under this scheme; or

Opting out of this scheme

30

(1) A person (P) opts out of this scheme in relation to eligible service if P opts not to be an active member of this scheme in relation to that service.

(2) P may only exercise the option under paragraph (1) by written notice to the scheme manager (“opt-out notice”).

(3) The option is taken to be exercised on the date on which the opt-out notice is received by the scheme manager.

Opting out before the end of the initial period of eligible service

31

(1) This regulation applies if a person (P) opts out of this scheme in relation to eligible service—

(a) before the end of 3 months after P's first day of eligible service (or within any longer period the scheme manager considers appropriate); or

(b) before the end of one month after the automatic re-enrolment date (or within any longer period the scheme manager considers appropriate).

(2) If paragraph (1)(a) applies, P is taken never to have been in pensionable service under this scheme in relation to that eligible service.

(3) If paragraph (1)(b) applies, P is taken not to have been in pensionable service under this scheme during the period referred to in paragraph (1)(b).

(4) This regulation does not require the scheme manager to pay P any additional amount which becomes payable by P in respect of national insurance contributions because P has not after all been an active member of this scheme during any period.

Opting out after the initial period of eligible service

32

(1) This regulation applies if—

(a) regulation 31 (opting out before the end of the initial period of eligible service) does not apply; and

(b) a person (P) opts out of this scheme in relation to eligible service—

(i) 3 months or more after P's first day of eligible service; or

(ii) one month or more after P's automatic re-enrolment date.

(2) If P exercises the option under paragraph (1)(b), P ceases to be in pensionable service under this scheme—

(a) on the first day of the first pay period beginning on or after the date on which the option is exercised; or

(b) if the scheme manager considers that day inappropriate, on the first day of any later pay period the scheme manager considers appropriate.

CHAPTER 3 — Pensionable earnings and assumed pay

Pensionable earnings

33

(1) This regulation applies for the purpose of these Regulations, other than for the purpose of calculating the rate of member contributions under Part 10 (contributions).

(2) A member’s pensionable earnings for any period means pay to which the member is entitled in that period, account being taken of any retrospective increase in that pay.

(3) For a person in service as a member of a home police force, the ...pay to which the member is entitled is the ... pay to which the member is entitled as such a member.

(4) For a person in service as a member of a police force in England and Wales other than a home police force, the ... pay to which the member is entitled is the ... pay to which the member is entitled under the member's terms and conditions of employment.

Pensionable earnings during a period of assumed pay

34

(1) An active member of this scheme (P) is taken to receive in respect of a period of assumed pay an amount equal to the sum of—

(a) the amount of pensionable earnings that P would have received in respect of the period of assumed pay had the circumstances in paragraph (2) not applied; and

(b) any increase the scheme manager considers appropriate.

(2) For the purpose of these Regulations, “a period of assumed pay” is a period in respect of which any of the following circumstances apply—

(a) P is on reduced pay while on sick leave, paid adoption leave, paid maternity leave, paid parental leave, paid maternity support leave or paid adoption support leave;

(b) P is receiving statutory pay;

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

(e) P voluntarily surrenders pensionable earnings in whole or in part.

(3) Paragraph (2)(d) does not apply to any period of permanent service during which P is in pensionable service in—

(a) an existing scheme that relates to the armed forces or another scheme under section 1 of the Act that relates to the armed forces; or

(b) any other occupational pension scheme.

CHAPTER 4 — Eligibility for payment of ill-health benefits

Interpretation

35

(1) For the purpose of this Chapter, “final medical report” has the meaning given in—

(a) regulation 39(1) (selected medical practitioner's report);

(b) regulation 40(3) (selected medical practitioner's revised report); or

(2) For the purpose of this Chapter, the likely cost of providing a person with benefits under this scheme is disproportionately high if it is more than 50% greater than the likely cost of providing benefits under this scheme to a person who has not been identified as presenting a risk of retiring on grounds of permanent medical unfitness.

Determination of eligibility for payment of ill-health benefits

36

(1) This regulation applies in relation to the following persons—

(a) every new member of a police force in England and Wales;

(b) every member of a police force in England and Wales who opts under Chapter 2 (automatic enrolment) to become an active member of this scheme.

(2) This regulation does not apply to a person who, not more than 5 years before being appointed to a police force in England and Wales—

(a) was an active member of a police pension scheme; and

(b) was eligible under that scheme for payment of benefits on grounds of permanent medical unfitness.

(3) Before P joins this scheme, the scheme manager may require P to submit to an examination by a selected medical practitioner in order that the scheme manager may determine P's eligibility under this scheme for payment of ill-health benefits.

(4) If the scheme manager requires P to submit to an examination under this regulation, the scheme manager, by applying the opinion set out in the final medical report and advice from the scheme actuary, must determine whether the risk that P will retire on grounds of permanent medical unfitness (“the risk”) is such that the likely cost of providing P with benefits under this scheme is disproportionately high.

(5) P is ineligible under this scheme for payment of ill-health benefits if the scheme manager determines under this regulation that the risk is such that the likely cost of providing P with benefits under this scheme is disproportionately high.

(6) If the scheme manager determines under this regulation that the risk is such that the likely cost of providing P with benefits under this scheme is not disproportionately high, P is eligible under this scheme for payment of ill-health benefits from the first day of pensionable service under this scheme.

(7) A person to whom this regulation applies by virtue of paragraph (1)(b) must pay any fee charged for an examination or report under this regulation.

Re-determination of eligibility for payment of ill-health benefits

37

(1) This regulation applies in relation to a person (P) who is ineligible under this scheme for payment of ill-health benefits.

(2) The scheme manager may require P to submit to an examination by a selected medical practitioner in order that the scheme manager may re-determine P's eligibility under this scheme for payment of ill-health benefits.

(3) If the scheme manager requires P to submit to an examination under this regulation, the scheme manager, by applying the opinion set out in the final medical report and advice from the scheme actuary, must determine whether the risk that P will retire on grounds of permanent medical unfitness (“the risk”) is such that the likely cost of providing P with benefits under this scheme is disproportionately high.

(4) If the scheme manager determines under this regulation that the risk is such that the likely cost of providing P with benefits under this scheme is not disproportionately high, P is eligible under this scheme for payment of ill-health benefits from the date of that determination.

(5) P is taken to begin pensionable service under this scheme on the date of that determination for the purpose of calculating—

(a) the annual rate of ill-health pension under this scheme; or

(b) the annual rate of a full retirement pension which comes into payment early on grounds of permanent medical unfitness.

Reduced rate of member contributions

38

(1) A reduced member contributions rate applies to an active member of this scheme who is ineligible under this scheme for payment of ill-health benefits.

(2) If the scheme manager determines under regulation 37 (re-determination of eligibility for payment of ill-health benefits) that the member is eligible under this scheme for payment of ill-health benefits, the reduced member contributions rate ceases to apply from the date of that determination.

(3) In this regulation, “reduced member contributions rate” means a reduced rate of member contributions which applies to the member under Part 10 (contributions).

Selected medical practitioner's report

39

(1) A selected medical practitioner who examines a person (P) under this Chapter must send a report (“the selected medical practitioner's report”) to the scheme manager giving an opinion on the likelihood and likely timing of P becoming permanently medically unfit for performing the ordinary duties of a member of the police force.

(2) The selected medical practitioner, in giving an opinion on the likelihood of P becoming permanently medically unfit for performing the ordinary duties of a member of the police force, must consider—

(a) the likelihood of P becoming unable to perform those duties; and

(b) the likelihood of that inability continuing until the day on which—

(i) P reaches normal pension age under this scheme; or

(ii) P dies (if the selected medical practitioner considers P is likely to die before reaching normal pension age under this scheme).

(3) A copy of the selected medical practitioner's report must be given to P.

(4) Subject to an appeal under regulation 40 (appeal against selected medical practitioner's report), for the purpose of this Chapter the selected medical practitioner's report is the final medical report.

Appeal against selected medical practitioner's report

40

(1) P may appeal to the scheme manager against the selected medical practitioner's report if—

(a) the scheme manager determines under this Chapter that the risk that P will retire on grounds of permanent medical unfitness is such that the likely cost of providing P with benefits under this scheme is disproportionately high (“the scheme manager's determination”);

(b) P is given written notice of the scheme manager's determination; and

(c) P is dissatisfied with the opinion in the selected medical practitioner's report on the likelihood or likely timing (or both) of P becoming permanently medically unfit for performing the ordinary duties of a member of the police force.

(2) An appeal is made under this regulation if—

(a) within 28 days after receiving notice of the scheme manager's determination, P gives the scheme manager notice of intent to appeal; and

(b) within 2 months (or such longer period as may be agreed by the scheme manager) after receiving notice of the scheme manager's determination, P provides the scheme manager with evidence that P has been examined by a registered medical practitioner (“the appellant's medical practitioner”) who disagrees with the opinion in the selected medical practitioner's report.

(3) On an appeal under this regulation, the scheme manager must ask the selected medical practitioner—

(a) to reconsider the selected medical practitioner's report in light of the evidence provided by P; and

(b) if necessary, to produce a revised report on the likelihood and likely timing of P becoming permanently medically unfit for performing the ordinary duties of a member of the police force (“the selected medical practitioner's revised report”).

(4) The selected medical practitioner must send a revised report to the scheme manager and to P.

(5) Subject to regulation 41, for the purpose of this Chapter that revised report is the final medical report.

Revised report by third registered medical practitioner

41

(1) If P within 28 days after receiving the selected medical practitioner's revised report gives written notice to the scheme manager that P is dissatisfied with the opinion contained in the revised report, the scheme manager must appoint a third registered medical practitioner to examine P.

(2) The third registered medical practitioner must be—

(a) a person who is acceptable to both the selected medical practitioner and the appellant's medical practitioner; or

(b) if the medical practitioners fail to agree, a person whom the scheme manager considers appropriate.

(3) The third registered medical practitioner must send the scheme manager and P a written statement giving an opinion on the likelihood and likely timing of P becoming permanently medically unfit for performing the ordinary duties of a member of the police force.

(4) If the third registered medical practitioner disagrees with any part of the selected medical practitioner's revised report—

(a) the third registered medical practitioner's written statement must be in the form of a revised report which must be sent to the scheme manager and to P; and

(b) for the purpose of this Chapter, that revised report is the final medical report.

Refusal to be medically examined

42

(1) This regulation applies in relation to a member of a police force in England and Wales who opts under Chapter 2 (automatic enrolment) to become an active member of this scheme.

(2) The scheme manager may make a determination under this Chapter on such evidence and medical advice as the scheme manager in its discretion thinks necessary if the member wilfully or negligently fails to submit to any medical examination or to attend any interviews that a medical practitioner considers necessary in order to make a decision or give an opinion under this Chapter.

CHAPTER 5 — Deferred membership

Meaning of “deferred member”

43

(1) A person (P) becomes a deferred member of this scheme in relation to a continuous period of pensionable service under this scheme ( “ period of service ”) if paragraph (2) or (4) applies.

(2) This paragraph applies if—

(a) P ceases to be an active member of this scheme in relation to the period of service before reaching P's state pension age;

(b) on ceasing to be an active member, P does not become a pensioner member of this scheme in relation to the period of service; and

(c) P has at least 2 years' qualifying service or a transfer payment otherwise than from another occupational pension scheme has been received by this scheme in relation to P.

(3) For the purpose of this regulation, a person on a period of unpaid leave during which the employment relationship continues ceases to be an active member if the period of leave exceeds 5 years.

(4) A person becomes a deferred member of this scheme in relation to an amount of accrued added pension if—

(a) the circumstances in regulation 105(1) (deferment of added pension attributable to recent payments) apply; or

(b) the person exercises the option under regulation 123 (option to defer payment of retirement added pension).

PART 5 — Pension accounts

CHAPTER 1 — Accrued pension

Descriptions of accrued pension

44

For the purpose of these Regulations, the descriptions of accrued pension are—

(a) accrued standard earned pension;

(b) accrued club transfer earned pension;

(d) accrued added (self only) pension.

Calculation of amount of accrued pension for purpose of deferment or retirement

45

(1) For the purpose of calculating an amount of retirement earned pension or retirement added pension or the provisional amount of a description of deferred pension, the amount of accrued pension is an amount calculated in accordance with this regulation.

(2) The amount of accrued club transfer earned pension is to be calculated separately in relation to each sending scheme.

(3) The amount of accrued standard earned pension is the total of the following amounts specified in the active member's account at the end of the last day of pensionable service—

(a) the sum of the opening balance of standard earned pension for the last active scheme year and the index adjustment for that opening balance;

(b) the amount of standard earned pension for the last active scheme year;

(c) the sum of the opening balance of transferred pension for the last active scheme year and the index adjustment for that opening balance; and

(d) the amount of transferred pension for the last active scheme year.

(4) The amount of accrued club transfer earned pension is the total of the following amounts specified in the active member's account at the end of the last day of pensionable service—

(a) the sum of the opening balance of club transfer earned pension for the last active scheme year and the index adjustment for that opening balance; and

(b) the amount of club transfer earned pension for the last active scheme year.

(5) The amount of accrued added (self only) pension is the total of the following amounts specified in the active member's account at the end of the last day of pensionable service—

(a) the sum of the opening balance of accrued added (self only) pension for the last active scheme year and the PIA index adjustment for that opening balance; and

(b) the amount of accrued added (self only) pension for the last active scheme year.

(6) The amount of accrued added (all beneficiaries) pension is the total of the following amounts specified in the active member's account at the end of the last day of pensionable service—

(a) the sum of the opening balance of accrued added (all beneficiaries) pension for the last active scheme year and the PIA index adjustment for that opening balance; and

(b) the amount of accrued added (all beneficiaries) pension for the last active scheme year.

CHAPTER 2 — Calculation of adjustments

Calculation of “retirement index adjustment”

46

(1) The retirement index adjustment for an amount of accrued earned pension is—

Calculation of “retirement PIA index adjustment”

47

(1) The retirement PIA index adjustment for an amount of accrued added pension is calculated in accordance with paragraph (2).

(2) The retirement PIA index adjustment is the amount by which the annual rate of a pension of an amount equal to the amount of accrued added pension would have been increased in the leaving year under PIA 1971 if—

(a) that pension were eligible to be so increased; and

(b) the beginning date for that pension were the day after the last day of pensionable service.

Determination of “the age addition”

48

(1) This regulation applies in relation to each scheme year in which an active member's account is open that is subsequent to the scheme year in which the member reaches normal pension age under this scheme, other than—

(a) the scheme year in which the account is required to be established under this Part; and

(b) the scheme year immediately following that.

(2) At the beginning of the scheme year, for each description of pension, the scheme manager in accordance with actuarial guidance must determine the age addition to be awarded for that scheme year by reference to the opening balance of that description of pension for the previous scheme year.

(3) In these Regulations, “the age addition” means an additional amount of pension determined by reference to the proportion of the previous scheme year for which a member had reached normal pension age under this scheme.

Determination of “the assumed age addition”

49

(1) This regulation applies if—

(a) a deferred member's account is established under this Part for a member who reached the member's state pension age in the last year of pensionable service at least one month before the last day of pensionable service; or

(b) a retirement account is established under this Part for a member who reached normal pension age under this scheme in the last year of pensionable service at least one month before the last day of pensionable service.

(2) For each description of accrued pension specified in the account, the scheme manager in accordance with actuarial guidance must determine the assumed age addition to be awarded.

(3) In these Regulations “the assumed age addition” means—

(a) for an amount of accrued standard earned pension not attributable to a transferred pension, the age addition that would have been awarded for standard earned pension had the member not left pensionable service in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme;

(b) for an amount of accrued standard earned pension attributable to a transferred pension, the age addition that would have been awarded for transferred pension had the member not left pensionable service in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme;

(c) for an amount of accrued club transfer earned pension, the age addition that would have been awarded for club transfer earned pension had the member not left pensionable service in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme;

(d) for an amount of accrued added (self only) pension, the age addition that would have been awarded for added pension of that description had the member not left pensionable service in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme;

(e) for an amount of accrued added (all beneficiaries) pension, the age addition that would have been awarded for added pension of that description had the member not left pensionable service in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme.

Actuarial reduction on early payment of pension (early payment reduction)

50

(1) An actuarial reduction (“early payment reduction”) is applied when calculating the annual rate of pension payable to—

(a) an active member who becomes a pensioner member of this scheme before reaching normal pension age under this scheme;

(b) a deferred member who becomes a pensioner member of this scheme before reaching the member's state pension age; or

(2) An early payment reduction is not applied when calculating—

(a) the annual rate of ill-health pension under this scheme; or

(b) the annual rate of full retirement pension which comes into payment early on grounds of permanent medical unfitness.

(3) An early payment reduction is calculated by reference to the following—

(a) for an active member who claims payment of a full retirement pension before reaching normal pension age, normal pension age under this scheme;

(b) for a deferred member of this scheme who claims payment of a full retirement pension before reaching the member's state pension age, the member's state pension age.

(4) In these Regulations—

“actuarial reduction” means a reduction determined by the scheme manager in accordance with actuarial guidance or actuarial tables; and

“early payment reduction” means an actuarial reduction that is applied under paragraph (1).

Late payment supplement

51

In this Part, “late payment supplement”, in relation to the provisional amount of a description of deferred pension, means an additional amount of pension determined by the scheme manager (in accordance with actuarial guidance or actuarial tables) to be appropriate if a deferred member of this scheme is over the member's state pension age when the member becomes entitled to payment of a full retirement pension under Part 7, Chapter 2 (full retirement benefits).

CHAPTER 3 — Pension accounts: general

Establishment of pension accounts: general

52

(1) The scheme manager must establish and maintain one or more pension accounts for each member of this scheme in accordance with this Part.

(2) A pension account—

(a) may be kept in any form the scheme manager considers appropriate; and

(b) must specify the details required by these Regulations.

(3) References in these Regulations to any amount specified in a pension account are references to the amount that is required by these Regulations to be so specified and not, if different, the amount actually so specified.

Closure and adjustment of pension accounts on transfer out

53

(1) Except as otherwise provided in this regulation, the scheme manager must close all pension accounts relating to a member of this scheme if—

(a) a transfer payment is made in respect of all of the member's accrued rights under this scheme; or

(b) all member contributions and payments for added pension made by the member are refunded to the member under Part 10 (contributions).

(2) Paragraph (1) does not require the scheme manager to close an account that includes amounts to which the transfer payment does not relate or is not attributable.

(3) An account that is not closed because of paragraph (2) must be adjusted as the scheme manager considers appropriate to reflect the extinguishment of rights under this scheme .

(4) Paragraph (1)(a) does not require the scheme manager to close a pension credit member's account if the transfer payment is made in respect of the accrued rights of a member who is both—

(a) a pension credit member of this scheme; and

(b) an active member, deferred member or pensioner member of this scheme.

CHAPTER 4 — Active member's account

Application of Chapter

54

This Chapter applies in relation to a continuous period of pensionable service under this scheme.

Establishment of active member's account

55

(1) The scheme manager must establish a pension account for a member who is in pensionable service under this scheme from the day on which the member begins that pensionable service.

(2) For the purpose of these Regulations, an account established under paragraph (1) is called an active member's account.

Receipt of a transfer value payment

56

(1) This regulation applies if a transfer value payment is received from another pension scheme (other than a connected scheme) in relation to an active member of this scheme.

(2) On receiving the transfer value payment, the scheme manager must credit the active member's account with the amount of transferred pension calculated under regulation 191 (amount of transferred pension).

Receipt of a club transfer value payment

57

(1) This regulation applies if a club transfer value payment is received from another club scheme in relation to an active member of this scheme.

(2) On receiving the club transfer value payment, the scheme manager must credit the active member's account, in relation to the sending scheme, with the amount of club transfer earned pension the member is entitled to count under regulation 193 (amount of club transfer earned pension).

Amount of pension for a scheme year

58

(1) This regulation applies in relation to each scheme year in which an active member's account is open.

(2) The active member's account must specify, in relation to each description of pension, the amount of that description of pension for the scheme year.

(3) The amount of club transfer earned pension for a scheme year must be specified separately in relation to each sending scheme.

(4) The amount of standard earned pension for a scheme year is

(5) The amount of transferred pension for a scheme year is the amount (if any) which the member is entitled to count under regulation 191 (amount of transferred pension) for that year.

(6) The amount of club transfer earned pension for a scheme year is the amount (if any) which the member is entitled to count under regulation 193 (amount of club transfer earned pension) for that year.

(7) The amount of added pension of any description for a scheme year is the amount (if any) credited to the active member's account in that scheme year under Chapter 3 or 4 of Schedule 3 (payments for added pension).

(8) For the purpose of paragraph (4), in respect of a period of assumed pay under this scheme, “pensionable earnings” means the member's assumed pay.

Opening balance, index adjustment, PIA index adjustment and age addition

59

(1) This regulation applies in relation to each scheme year in which an active member's account is open other than the scheme year in which that account is established.

(2) The active member's account must specify the following—

(a) the opening balance of standard earned pension, club transfer earned pension (if any) and transferred pension (if any) for the scheme year and the index adjustment for each opening balance;

(b) the opening balance of added (self only) pension (if any) and added (all beneficiaries) pension (if any) for the scheme year and the PIA index adjustment for each opening balance;

(3) In these Regulations, “opening balance” in relation to standard earned pension, club transfer earned pension or transferred pension—

(a) for the scheme year immediately following the scheme year in which the active member's account is established, means the amount of that pension for the previous scheme year at the end of the previous scheme year; and

(b) for any subsequent scheme year, means the sum of the following amounts—

(i) the opening balance of that pension for the previous scheme year and the index adjustment for that opening balance;

(ii) the amount of that pension for the previous scheme year as at the end of the previous scheme year; and

(iii) if applicable, the age addition awarded at the beginning of the previous scheme year.

(4) In these Regulations, “opening balance” in relation to added pension—

(a) for the scheme year immediately following the scheme year in which the active member's account is established, means the amount of that pension for the previous scheme year at the end of the previous scheme year; and

(b) for any subsequent scheme year, means the sum of the following amounts—

(i) the opening balance of that pension for the previous scheme year and the PIA index adjustment for that opening balance;

(ii) the amount of that pension for the previous scheme year as at the end of the previous scheme year; and

(iii) if applicable, the age addition awarded at the beginning of the previous scheme year.

Closure and re-establishment of active member's account

60

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