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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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(1) The scheme manager must close an active member's account in relation to a continuous period of pensionable service under this scheme when the scheme manager establishes in relation to that period of service—

(a) a deferred member's account under Chapter 5; or

(b) a retirement account under Chapter 6; or

(2) If a deferred member or pensioner member re-enters pensionable service under this scheme, the scheme manager must re-establish an active member's account under this Chapter when the scheme manager closes—

(a) the member's deferred member's account under Chapter 5; or

(b) the member's retirement account under Chapter 6.

Active member's account to remain open during periods of unpaid leave

61

(1) This regulation applies to the following periods of unpaid leave—

(a) a career break; or

(b) any other period of unpaid leave—

(i) that does not exceed 5 years; and

(ii) during which the employment relationship continues .

(2) During a period of unpaid leave mentioned in paragraph (1)(a) or (b), the scheme manager must make entries in the active member's account as if, during that period, the member—

(a) was in pensionable service under this scheme; but

(b) received no pensionable earnings.

(3) The active member's account must be closed and a deferred member's account opened if a period of unpaid leave other than a career break exceeds 5 years.

Adjustment of active member's account after period of unpaid family leave or unpaid sick leave

62

(1) This regulation applies in respect of an active member of this scheme who opts to pay member contributions under regulation 172 (option to pay member contributions for period of unpaid leave) on the return from a period of unpaid leave mentioned in that regulation.

(2) On payment of the full amount of contributions for the period of unpaid leave, the active member's account is to be adjusted so that for the period of unpaid leave the member is taken to receive pensionable earnings at the rate that applied immediately before the commencement of the period of unpaid leave.

(3) If the member does not pay the full amount by the end of the payment period under regulation 173(1) (payment of member contributions for unpaid leave), the active member's account is to be adjusted so that for the period determined by the scheme manager under regulation 173(4) the member is taken to receive pensionable earnings at the rate that applied at the beginning of the period of unpaid leave.

CHAPTER 5 — Deferred member's account

Application of Chapter

63

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

(2) For a person who is a deferred member of this scheme in relation to 2 or more continuous periods of pensionable service, this Chapter applies separately in relation to each of those periods of service.

Establishment of deferred member's account

64

(1) This regulation applies when an active member of this scheme becomes a deferred member of this scheme in relation to a continuous period of pensionable service.

(2) The scheme manager must—

(a) close the active member's account for that period of service; and

(b) establish a pension account for the deferred member for that period of service.

(3) For the purpose of these Regulations, an account established under paragraph (2)(b) is called a deferred member's account.

Provisional amount of deferred pension

65

(1) The deferred member's account must specify the provisional amount of each description of deferred pension.

(2) The provisional amount of each description of deferred earned pension is the sum of—

(a) the amount of the relevant accrued earned pension calculated under regulation 45 (“accrued amount”);

(b) the retirement index adjustment for the accrued amount; and

(3) The retirement index adjustment is not applied in relation to an amount of accrued earned pension if a transfer payment was made before the end of the last active scheme year in respect of the member's rights to that accrued pension.

(4) The provisional amount of each description of deferred added pension is the sum of—

(a) the amount of the relevant accrued added pension calculated under regulation 45 (“accrued amount”);

(b) the retirement PIA index adjustment for the accrued amount; and

(5) In this regulation—

“relevant accrued earned pension” means—for a deferred standard earned pension, accrued standard earned pension;for a deferred club transfer earned pension, accrued club transfer earned pension.

“relevant accrued added pension” means—for a deferred added (self only) pension, accrued added (self only) pension; andfor a deferred added (all beneficiaries) pension, accrued added (all beneficiaries) pension.

Adjustment of provisional amount

66

(1) This regulation applies when a deferred member of this scheme in relation to a continuous period of pensionable service becomes entitled to payment for life of a full retirement pension for that period of service.

(2) For the provisional amount of each description of deferred pension, the deferred member's account must specify—

(a) the late payment supplement (if any);

(b) the early payment reduction (if any); and

Closure of deferred member's account after gap in service not exceeding 5 years

67

(1) This regulation applies when a deferred member of this scheme in relation to a continuous period of pensionable service re-enters pensionable service under this scheme after a gap in service not exceeding 5 years.

(2) The scheme manager must—

(a) close the deferred member's account in relation to that period of service and treat the deferred member's account as if it were never established;

(b) re-establish the active member's account under Chapter 4 in relation to that period of service; and

(i) was in pensionable service under this scheme; but

(ii) received no pensionable earnings.

CHAPTER 6 — Retirement account

Establishment of retirement account

68

(1) This regulation applies in relation to a continuous period of pensionable service under this scheme.

(2) For a person who is a pensioner member of this scheme in relation to 2 or more continuous periods of pensionable service, this Chapter applies separately in relation to each of those periods of service.

(3) When an active member of this scheme becomes entitled to payment for life of a retirement pension in relation to that period of service, the scheme manager must—

(a) close the active member's account for that period of service; and

(b) establish an account for the pensioner member for that period of service.

(4) For the purpose of these Regulations, an account established for a pensioner member under paragraph (3)(b) is called a retirement account.

Amount of retirement earned pension and retirement added pension

69

(1) The retirement account must specify the amount of retirement earned pension and retirement added pension.

(2) The amount of retirement earned pension is the sum of—

(a) the amount of accrued earned pension calculated under regulation 45 (“accrued amount”);

(b) the retirement index adjustment for the accrued amount; and

(3) The amount of a description of retirement added pension (if any) is the sum of—

(a) the amount of the relevant accrued added pension calculated under regulation 45 (“accrued amount”);

(b) the retirement PIA index adjustment for the accrued amount; and

(4) For each amount of retirement earned pension and retirement added pension, the retirement account must specify—

(a) the early payment reduction (if any); and

(b) the commutation amount (if any).

(5) In this regulation, “relevant accrued added pension” means—

(a) for a retirement added (self only) pension, accrued added (self only) pension; and

(b) for a retirement added (all beneficiaries) pension, accrued added (all beneficiaries) pension.

Closure of retirement account

70

The scheme manager must close a retirement account if—

(a) a retirement earned pension ceases to be payable under Part 7; or

(b) an ill-health pension under this scheme ceases to be payable under Part 7.

CHAPTER 7 — Pension accounts for pension credit members

Establishment of pension credit member's account

71

(1) The scheme manager must establish a pension account for each pension credit member of this scheme (“the pension credit member's account”).

(2) If a pension credit is derived from 2 or more pension debit members, the scheme manager must establish a pension credit member's account in relation to each pension debit member.

(3) On the establishment of a pension credit member's account, the pension credit member's account must specify the amount of credited pension, and for that amount—

(a) the early payment reduction (if any); and

(b) the commutation amount (if any).

(4) On the establishment of the pension credit member's account, the accounts established under this Part for the pension debit member must be reduced by the relevant amount.

(5) In this regulation—

“amount of credited pension” means an amount equal to the pension credit calculated in accordance with regulations made under paragraph 5(b) of Schedule 5 to WRPA 1999; and

“relevant amount” is the amount determined by the scheme manager in accordance with actuarial guidance having regard to—the cash equivalent that would have been payable under Chapter 2 of Part 4A (requirements relating to pension credit benefit: transfer values) of PSA 1993 in respect of the pension credit member's right to benefits under this scheme attributable (directly or indirectly) to the pension credit; andsections 29 (creation of pension credits and debits) and 31 (reduction of benefit) of WRPA 1999.

Other pension accounts

72

If a pension credit member of this scheme is also an active member, deferred member or pensioner member of this scheme, the scheme manager must establish a pension credit member's account in addition to any other account established for the member under this Part.

PART 6 — Retirement pensions payable on grounds of permanent medical unfitness

CHAPTER 1 — General

Police pension authority

73

In this Part, “police pension authority” means the police pension authority acting in exercise of its functions as employer or scheme manager.

Medical unfitness

74

(1) In these Regulations—

“infirmity” means a disease, injury, or medical condition, and includes a mental disorder, injury or condition;

“injury” includes any injury or disease, whether of body or of mind; and

“medical unfitness”, in relation to a member of a police force or a former member of a police force, means inability occasioned by infirmity of mind or body—to perform the ordinary duties of a member of the police force; orto engage in any regular employment.

(2) For the purpose of this Part, “ordinary duties of a member of the police force” in relation to a former member of a home police force means the ordinary duties of a member of the home police force.

Permanent medical unfitness

75

(1) In these Regulations, a reference to a member of a police force or a former member of a police force (“the member”) being permanently medically unfit is taken to be a reference to—

(a) the member being medically unfit at the time the selected medical practitioner decides the question; and

(b) that medical unfitness being at that time likely to be permanent.

(2) For the purpose of deciding whether or not the member's medical unfitness is likely to be permanent, the member is taken to receive normal appropriate medical treatment.

(3) In this regulation, “appropriate medical treatment” does not include medical treatment that the police pension authority acting in exercise of its functions as scheme manager decides is reasonable for the member to refuse.

(4) The member may appeal under regulation 207 (appeals to Crown Court) or 208 (appeals to Secretary of State) against a decision of the police pension authority as to whether a refusal to accept medical treatment is reasonable.

Decision of selected medical practitioner

76

(1) This regulation applies for the purpose of this Part.

(2) The selected medical practitioner must decide that the member is permanently medically unfit for performing the ordinary duties of a member of the police force if the selected medical practitioner is of the opinion that—

(a) the member is unable to perform the ordinary duties of a member of the police force;

(b) that inability is occasioned by infirmity of mind or body and is likely to continue until the day on which—

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

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

(3) The selected medical practitioner must decide that the member is permanently medically unfit for engaging in any regular employment if the selected medical practitioner is of the opinion that—

(a) the member is unable to perform the ordinary duties of a member of the police force;

(b) that inability is occasioned by infirmity of mind or body and is likely to continue until the day on which—

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

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

(d) that inability is occasioned by infirmity of mind or body and is likely to continue until the day on which—

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

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

Refusal to be medically examined or attend interviews

77

(1) The police pension authority may make a determination under this Part on such evidence and medical advice as the police pension authority in its discretion thinks necessary if—

(a) a question as to whether a member of a police force is permanently medically unfit is referred to a selected medical practitioner for decision; and

(b) the member wilfully or negligently fails to submit to any medical examination or to attend any interviews that the selected medical practitioner considers necessary in order to make a decision.

(2) An appeal under Schedule 1 against a decision of a selected medical practitioner is taken to be withdrawn if—

(a) a question as to whether a member of a police force is permanently medically unfit is referred to an appeal board for decision; and

(b) the person wilfully or negligently fails to submit to any medical examination or to attend any interviews that the appeal board considers necessary in order to make a decision.

A report under this Part

78

For the purpose of these Regulations—

(a) a reference to a report under Part 6 is a reference to—

(i) a report under regulation 81, 83 or 86 (“the report under this Part”); or

(ii) a report given under Schedule 1 on an appeal or reconsideration if that report has replaced the report under this Part; and

(b) a reference to a report under regulation 81, 83 or 86 is a reference to—

(i) the report under that regulation; or

(ii) a report given under Schedule 1 on an appeal or reconsideration if the report under Schedule 1 has replaced the report under this Part.

CHAPTER 2 — Compulsory ill-health retirement

Application of Chapter

79

This Chapter applies in relation to a member of a police force (“the member”)—

(a) who is an active member of this scheme; or

(b) who, for the purpose of determining entitlement to payment of benefits to or in respect of the member, is taken to be an active member of this scheme .

Former member of home police force

80

(1) In this Chapter, “former member of a home police force” means—

(a) a specified NCA officer;

(b) a person engaged on temporary service in accordance with arrangements made under section 26(2) of PA 1996; or

(2) For the purpose of this Chapter—

(a) a former member of a home police force is taken to be a member of the home police force; and

(b) “police pension authority”, in relation to the former member of the home police force, means the police pension authority for the home police force.

Referral of medical questions for purpose of regulation 82

81

(1) Before considering whether a person in service as a member of a police force (“the member”) should be compulsorily retired under regulation 82, the police pension authority must refer the following questions to a selected medical practitioner for decision—

(a) whether the member is medically unfit for performing the ordinary duties of a member of the police force;

(b) whether that medical unfitness is likely to be permanent;

(d) whether that medical unfitness is likely to be permanent.

(2) The selected medical practitioner must—

(a) examine or interview the member as the selected medical practitioner thinks appropriate;

(b) decide the questions referred to the selected medical practitioner under paragraph (1); and

(3) That report is final, subject to—

(a) an appeal under Schedule 1 against the decision of the selected medical practitioner; or

(b) the referral under Schedule 1 of the decision of the selected medical practitioner for reconsideration.

Compulsory retirement on grounds of permanent medical unfitness

82

(1) This regulation applies if—

(a) the police pension authority refers questions relating to the member's permanent medical unfitness to a selected medical practitioner under regulation 81(1);

(b) the selected medical practitioner gives the police pension authority and the member a report under that regulation; and

(c) the report contains the decision that the member is permanently medically unfit for performing the ordinary duties of a member of the police force.

(2) The police pension authority, after considering all the relevant circumstances and all the advice and information available to the police pension authority (including input from the member)—

(a) may require the member to retire on the date the police pension authority considers the member ought to retire on the ground that the member is permanently medically unfit for performing the ordinary duties of a member of the police force; or

(b) may require the member to continue to serve as a member of the police force.

Compulsory retirement of member who was required to continue to serve

83

(1) This regulation applies if, under regulation 82(2)(b) (compulsory retirement on grounds of permanent medical unfitness), the police pension authority requires the member to continue to serve as a member of a police force.

(2) The police pension authority, at any time in its discretion it determines, may consider whether the member's medical unfitness has ceased, significantly worsened or significantly improved.

(3) In considering the matters mentioned in paragraph (2), the police pension authority must refer the following questions to a selected medical practitioner for decision—

(a) whether the member continues to be medically unfit for performing the ordinary duties of a member of the police force; and

(b) if so, whether—

(i) the member is also medically unfit for engaging in any regular employment; and

(ii) that medical unfitness is likely to be permanent.

(4) The selected medical practitioner must examine or interview the member as the selected medical practitioner thinks appropriate.

(5) If the selected medical practitioner decides that the member continues to be medically unfit for performing the ordinary duties of a member of the police force, the selected medical practitioner does not need to decide if that medical unfitness is likely to be permanent.

(6) The selected medical practitioner must give the police pension authority and the member a report containing the decisions on the questions referred under paragraph (3).

(7) That report is final, subject to—

(a) an appeal against the decision under Schedule 1; or

(b) the referral of the decision for reconsideration under Schedule 1.

(8) The police pension authority must require the member to retire on the ground that the member is permanently medically unfit for performing the ordinary duties of a member of the police force if, after considering all the relevant circumstances and all the advice and information available to the police pension authority, the police pension authority determines that the member ought to retire.

Compulsory retirement void if appeal successful

84

The compulsory retirement of a member under this Part is void if—

(a) the selected medical practitioner decides that the member is permanently medically unfit for performing the ordinary duties of a member of the police force;

(b) the member appeals under Schedule 1 against the decision of the selected medical practitioner; and

(c) the appeal board decides that the member is not permanently medically unfit for performing the ordinary duties of a member of the police force.

CHAPTER 3 — Early payment of full retirement pension on grounds of permanent medical unfitness

Application of Chapter

85

(1) This Chapter applies in relation to a member of a police force who is a deferred member of this scheme.

(2) For the purpose of this Chapter—

(a) a former member of a home police force is taken to be a member of the home police force; and

(b) “police pension authority”, in relation to the former member of the home police force, means the police pension authority for the home police force.

Referral of medical questions for purpose of early payment of a full retirement pension on grounds of permanent medical unfitness

86

(1) Before considering whether a deferred member of this scheme is entitled to early payment of a full retirement pension on grounds of permanent medical unfitness, the police pension authority must refer the following questions to a selected medical practitioner for decision—

(a) whether the member is medically unfit for performing the ordinary duties of a member of the police force;

(b) whether that medical unfitness is likely to be permanent;

(d) whether that medical unfitness is likely to be permanent.

(2) The selected medical practitioner must—

(a) examine or interview the member as the selected medical practitioner thinks appropriate;

(b) decide the questions referred to the selected medical practitioner under paragraph (1); and

(3) That report is final, subject to—

(a) an appeal under Schedule 1 against the decision of the selected medical practitioner; or

(b) the referral under Schedule 1 of the decision of the selected medical practitioner for reconsideration.

(4) For the purpose of paragraph (1), “early payment” means payment before the member reaches the member's state pension age .

PART 7 — Retirement benefits

CHAPTER 1 — General

Application of Part

87

(1) This Part applies in relation to retirement benefits payable in respect of a continuous period of pensionable service under this scheme (“period of service”).

(2) In this Part, “active member”, in relation to this scheme, means a person—

(a) who is an active member of this scheme; or

(b) who, for the purpose of determining entitlement to payment of benefits to or in respect of the member, is taken to be an active member of this scheme .

Qualifying service

88

(1) In these Regulations, “qualifying service” means the total of—

(a) any continuous period of pensionable service under this scheme not counting—

(i) any gap in service;

(ii) any career break;

(iii) any other period of unpaid leave;

(b) if a transfer payment has been received by this scheme in respect of a member's accrued rights under another occupational pension scheme, the member's period of pensionable service under that scheme;

(c) for a 2006 transition member with continuity of service, the member's period of pensionable service under the 2006 scheme before the member's transition date ; and

(d) for a 1987 transition member with continuity of service, the period of pensionable service the member is entitled to reckon under the 1987 scheme before the member's transition date .

(2) In calculating the member's qualifying service, a period of part-time service under this scheme or under the existing police pension scheme counts as if it were a period of full-time service.

(3) None of the following is counted when calculating qualifying service—

(a) any pensionable service under this scheme in respect of which a person's rights under this scheme are extinguished ;

(b) any pensionable service under the existing police pension scheme in respect of which a person's rights under that scheme are extinguished;

(d) any unauthorised absence from eligible service.

Descriptions of full retirement pension

89

For the purpose of this Part, the descriptions of full retirement pension are—

(a) retirement standard earned pension;

(b) retirement club transfer earned pension;

(d) retirement added (all beneficiaries) pension.

CHAPTER 2 — Full retirement benefits

Entitlement to full retirement pension (active members)

90

(1) An active member of this scheme who has reached normal minimum pension age is entitled to payment for life of a retirement earned pension if—

(a) the member has ceased to be in pensionable service under this scheme;

(b) the member 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 the member;

(d) the member claims payment of a full retirement pension under regulation 92 (claim – active members).

(2) On becoming entitled to payment for life of a retirement earned pension, P is entitled to payment for life of a retirement added pension of any description if the retirement account specifies an amount of retirement added pension of that description.

Entitlement to full retirement pension (deferred members)

91

(1) A deferred member of this scheme is entitled to payment for life of a retirement earned pension if paragraph (2), (3) or (4) applies.

(2) This paragraph applies if—

(a) the member has reached the member's state pension age;

(b) the member 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 the member; and

(3) This paragraph applies if—

(a) the member has not reached the member's state pension age;

(b) the member has left eligible service;

(c) the selected medical practitioner gives a report under regulation 86 (early payment on grounds of permanent medical unfitness) that the member is permanently medically unfit for engaging in any regular employment; and

(d) the member is eligible under this scheme for payment of ill-health benefits .

(4) This paragraph applies if—

(a) the member has reached normal minimum pension age but has not reached the member's state pension age;

(b) the member 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 the member;

(d) the member claims payment of a full retirement pension under regulation 96 (claim for early payment otherwise than on grounds of permanent medical unfitness (deferred members)).

(5) On becoming entitled to payment for life of a retirement earned pension, P is entitled to payment for life of a retirement added pension of any description if the deferred member's account specifies a provisional amount of the relevant deferred added pension.

(6) In this regulation, “relevant deferred added pension” means—

(a) for a retirement added (self only) pension, a deferred added (self only) pension;

(b) for a retirement added (all beneficiaries) pension, a deferred added (all beneficiaries) pension.

Claim for payment of full retirement pension (active members)

92

(1) This regulation applies in relation to an active member of this scheme.

(2) A claim for payment of a full retirement pension—

(a) may only be made by written notice to the scheme manager; and

(b) must comply with the notice period specified in regulation 93.

(3) If the member claims payment of the pension before reaching normal pension age under this scheme, the notice must state if the member has opted to buy out the early payment reduction.

(4) A full retirement pension calculated under regulation 98 (active members) is payable to the member in respect of each month as from the member's last day of eligible service.

Notice period for active members

93

(1) The following members must give at least 3 months' notice of intent to claim the pension—

(a) an inspector of constabulary;

(b) a member of a home police force holding one of the following ranks—

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

(ii) Commissioner, Deputy Commissioner, Assistant Commissioner, Deputy Assistant Commissioner or Commander of Police of the Metropolis;

(iii) Commissioner, Assistant Commissioner or Commander of Police for the City of London.

(2) The following members must give at least one month's notice of intent to claim the pension—

(a) an assistant inspector of constabulary;

(b) a member of a home police force holding a rank not mentioned in paragraph (1).

(3) For the purpose of this regulation, a person engaged on relevant service under section 97 of PA 1996 is deemed to hold the rank to which the member is entitled to revert at the end of the period of relevant service.

(4) Unless this regulation provides otherwise, a member of a police force other than a home police force must give notice of intent to claim the pension in accordance with the notice period that applies under the member's terms and conditions of employment in relation to termination of service.

(5) The scheme manager may in its discretion accept a shorter notice period determined by the scheme manager.

Full retirement pension payable at member's state pension age (deferred members)

94

(1) This regulation applies in relation to a deferred member of this scheme who becomes entitled under regulation 91(2) to payment of a full retirement pension on reaching the member's state pension age.

(2) For the purpose of an appeal to the Crown Court under regulation 207 or an appeal to the Secretary of State under regulation 208, the member is taken to claim payment of the full retirement pension when the member reaches the member's state pension age.

(3) A full retirement pension calculated under regulation 99 (deferred members) is payable to the member in respect of each month as from the day on which the member reaches the member's state pension age.

Full retirement pension payable early on grounds of permanent medical unfitness (deferred members)

95

(1) This regulation applies in relation to a deferred member of this scheme who becomes entitled under regulation 91(3) to payment of a full retirement pension on grounds of permanent medical unfitness.

(2) For the purpose of an appeal to the Crown Court under regulation 207 or an appeal to the Secretary of State under regulation 208, the deferred member is taken to claim payment of the full retirement pension on the earlier of—

(a) the date on which the deferred member asked the police pension authority to refer the questions to the selected medical practitioner under regulation 86; or

(b) the date on which the police pension authority referred those questions on its own initiative.

(3) A full retirement pension calculated under regulation 99 (deferred members) is payable to the member in respect of each month as from the date on which the member is taken to claim payment of the pension under paragraph (2).

Claim for early payment of full retirement pension otherwise than on grounds of permanent medical unfitness (deferred members)

96

(1) A deferred member of this scheme who claims early payment of a full retirement pension otherwise than on grounds of permanent medical unfitness must give at least one month's notice of intent to claim payment of the pension.

(2) The claim for payment of the pension may only be made by written notice to the scheme manager.

(3) The notice—

(a) must state if the member has opted to buy out the early payment reduction; and

(b) must specify the date from which payment of the pension is claimed.

(4) A full retirement pension calculated under regulation 99 (deferred members) is payable to the member in respect of each month as from the date specified in the notice.

Members who have been dismissed or required to resign

97

(1) This regulation applies in relation to a member of a police force—

(a) who is dismissed or is required to resign; and

(b) who has reached normal minimum pension age.

(2) This paragraph applies if the member 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 the member.

(3) If paragraph (2) does not apply, the member is entitled to a refund of all member contributions and payments for added pension under Part 10 (contributions).

(4) If paragraph (2) applies, unless the member chooses to defer payment of the pension—

(a) for the purpose of an appeal to the Crown Court under regulation 207 or an appeal to the Secretary of State under regulation 208, the member is taken to claim payment of a full retirement pension on the date of dismissal; and

(b) the member is entitled to payment for life of a full retirement pension calculated under regulation 98 (active members) in respect of each month as from the date of dismissal.

(5) If paragraph (2) applies and the member chooses to defer payment of the pension, the member becomes entitled to payment for life of a full retirement pension—

(a) under regulation 91(2) when the member reaches the member's state pension age; or

(b) under regulation 91(4), if the member claims early payment of the pension under regulation 96 (claim for early payment otherwise than on grounds of permanent medical unfitness (deferred members)).

Annual rate of full retirement pension (active members)

98

(1) This regulation applies when an active member of this scheme becomes entitled to payment for life of a full retirement pension.

(2) The annual rate of each description of full retirement pension payable to the member is calculated by—

(a) taking the amount of that description of full retirement pension specified in the retirement account;

(b) subtracting the early payment reduction (if any) specified in that account in relation to that amount; and

(3) The annual rate of any description of full retirement pension is calculated without subtracting the early payment reduction if the member buys out the early payment reduction in relation to that description of full retirement pension.

Annual rate of full retirement pension (deferred members)

99

(1) This regulation applies when a deferred member of this scheme becomes entitled to payment for life of a full retirement pension.

(2) The annual rate of any description of full retirement pension payable to the member is calculated by—

(a) taking the provisional amount of the relevant description of deferred pension specified in the deferred member's account;

(b) adding the late payment supplement (if any) specified in that account in relation to that provisional amount;

(d) subtracting the commutation amount (if any) specified in that account in relation to that amount.

(3) The annual rate of any description of full retirement pension is calculated without subtracting the early payment reduction if—

(a) the member buys out the early payment reduction in relation to that description of full retirement pension; or

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

(4) In this regulation, “the relevant description of deferred pension” means—

(a) for a retirement standard earned pension, deferred standard earned pension;

(b) for a retirement club transfer earned pension, deferred club transfer earned pension;

(d) for a retirement added (all beneficiaries) pension, deferred added (all beneficiaries) pension.

Full retirement pension ceasing to be payable

100

(1) A full retirement pension ceases to be payable to a member who re-enters pensionable service under this scheme within 28 days after the last day of the service in relation to which the pension was payable.

(2) If paragraph (1) applies in relation to a member—

(a) the scheme manager must—

(i) cease to pay the pension; and

(ii) recover any payment of pension or lump sum made;

(b) the retirement account must be closed; and

(c) the active member's account must be re-established under Part 5 (pension accounts) and treated as if it had never been closed.

CHAPTER 3 — Ill-health pension

Payment thresholds

101

(1) A member of this scheme meets the lower tier threshold for payment of an ill-health pension (“lower tier threshold”) under this Chapter if the selected medical practitioner gives a report under Part 6 containing the decision that—

(a) the member is permanently medically unfit for performing the ordinary duties of a member of the police force; but

(b) the member is not permanently medically unfit for engaging in any regular employment.

(2) A member of this scheme meets the upper tier threshold for payment of an ill-health pension (“upper tier threshold”) under this Chapter if the selected medical practitioner gives a report under Part 6 containing the decision that the member is permanently medically unfit for engaging in any regular employment.

Entitlement to payment of ill-health pension

102

(1) An active member of this scheme who has not reached normal pension age under this scheme is entitled to payment for life of an ill-health pension under this Chapter if the conditions in paragraph (2) are met.

(2) The conditions are—

(a) the police pension authority acting in exercise of its functions as employer requires the member to retire on a date determined by the police pension authority under Part 6;

(b) the member has at least 2 years' qualifying service or is permanently medically unfit as the result of an injury received without the member's default in the execution of duty; and

(3) An ill-health pension under this Chapter is payable as follows—

(a) if the member meets the lower tier threshold, a lower tier ill-health pension is payable;

(b) if the member meets the upper tier threshold—

(i) a lower tier ill-health pension is payable; and

(ii) an enhanced upper tier ill-health pension is payable.

(4) A retirement added pension of any description is payable with a lower tier ill-health pension if the retirement account specifies an amount of retirement added pension of that description.

(5) For a transition member with continuity of service, a transition member's ill-health pension is payable under paragraph 23 of Schedule 4.

(6) For a pensioner member who becomes entitled to an enhanced upper tier ill-health pension under regulation 112 or 113, an ill-health pension is payable in accordance with that regulation.

Payment of ill-health pension

103

(1) For the purpose of an appeal to the Crown Court under regulation 207 or an appeal to the Secretary of State under regulation 208, an active member of this scheme is taken to claim payment of an ill-health pension under this Chapter on the date on which the member is required to retire under Part 6.

(2) An ill-health pension under this Chapter is payable to the member in respect of each month as from the date on which the member is required to retire under Part 6.

Annual rate of ill-health pension under this scheme

104

(1) The annual rate of ill-health pension under this scheme is calculated as follows .

(2) The annual rate of a lower tier ill-health pension is calculated in the same way as the annual rate of retirement earned pension is calculated under regulation 98 (annual rate of full retirement pension (active members)), but without subtracting the early payment reduction.

(3) The annual rate of any retirement added pension payable with a lower tier ill-health pension is calculated in the same way as it is calculated under regulation 98 (annual rate of full retirement pension (active members)), but without subtracting the early payment reduction.

(4) The annual rate of an enhanced upper tier ill-health pension payable to a member whose aggregate period of service is less than 5 years is the lesser of—

$t o t a l a c c r u e d e a r n e d p e n s i o n × 3$

$f i n a l p a y 55.3$

where—

“total accrued earned pension” means—for a 2006 transition member with continuity of service, the total amount of accrued earned pension under both this scheme and the 2006 scheme; orfor any other member, the amount of accrued earned pension under this scheme;

“assumed period of pensionable service” means the period (expressed in years)—beginning with the day after the member's period of service ceased; andending with the day before the day on which the member will reach normal pension age under this scheme (assuming that the member lives until that age); and

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

(5) The annual rate of an enhanced upper tier ill-health pension payable to a member whose aggregate period of service is 5 years or more is—

Deferment of added pension attributable to recent payments

105

(1) This regulation applies in relation to a member of this scheme—

(a) who is entitled to payment for life of an ill-health pension under this scheme; and

(b) whose active member's account at the end of the last day of pensionable service specifies an amount of accrued added pension that is attributable in whole or in part to a lump sum payment for added pension made under Schedule 3 within the 12 months before the relevant day.

(2) The member becomes a deferred member of this scheme in respect of that amount of accrued added pension and accordingly—

(a) a deferred member's account must be established under Part 5 (pension accounts);

(b) that amount of accrued added pension must be specified in the deferred member's account as the provisional amount of the relevant description of deferred added pension; and

(c) that amount of accrued added pension is not included in the calculation of the annual rate of retirement added pension payable with the lower tier ill-health pension.

(3) In paragraph (1), “the relevant day” means—

(a) the day on which the police pension authority first referred the questions under regulation 81 (referral of medical questions for purpose of regulation 82) to the selected medical practitioner for a decision by virtue of which the member is entitled to payment of the ill-health pension; or

(b) if the member was on sick leave on that day and did not return to service from that leave, the day on which that leave began.

CHAPTER 4 — Reduction of ill-health benefits

Referral of medical question for purpose of reduction of benefits

106

(1) This regulation applies if the scheme manager is considering the exercise of powers under regulation 107 (reduction of pension in case of default).

(2) The scheme manager must refer to a selected medical practitioner for decision the question whether the person has brought about or substantially contributed to the medical unfitness by the person's own default.

(3) The decision of the selected medical practitioner on the question referred under this regulation must take the form of a report.

(4) A copy of the report must be given to the scheme manager and to the member.

(5) That report is final, subject to—

(a) an appeal against the decision under Schedule 1; or

(b) the referral of the decision for reconsideration under Schedule 1.

Reduction of pension in case of default

107

(1) This regulation applies in relation to—

(a) a deferred member of this scheme who on the ground of permanent medical unfitness for engaging in any regular employment becomes entitled under regulation 91(3) to payment of a full retirement pension before reaching the member's state pension age ;

(b) an active member of this scheme who becomes entitled under Chapter 3 to payment of an ill-health pension under this scheme; or

(c) a pensioner member of this scheme who becomes entitled under Chapter 5 to payment of an enhanced upper tier ill-health pension.

(2) The scheme manager may reduce the amount of full retirement pension or ill-health pension under this scheme by an amount not exceeding a half of that to which the member would otherwise be entitled if the selected medical practitioner gives a report on the question referred under regulation 106 (referral of medical question for purpose of reduction of benefits) containing the decision that the member has become medically unfit by the member's own default.

(3) For the purpose of this regulation, the selected medical practitioner may decide that the member has become medically unfit by the member's own default if, in the opinion of the selected medical practitioner, the member has brought about, or has substantially contributed to, the member's medical unfitness.

(4) The reduction of a pension under this regulation ceases to have effect—

(a) in respect of a member mentioned in paragraph (1)(a) or (b), when the member reaches normal pension age under this scheme; or

(b) in respect of a member mentioned in paragraph (1)(c), when the member reaches the member's state pension age.

(5) When the member reaches the member's state pension age, if the reduced pension is less than the amount of full retirement pension that would have been payable to the member under regulation 91(2) had the member reached the member's state pension age when the member left eligible service, the scheme manager must increase the pension to that amount.

(6) The member may appeal under regulation 207 (appeals to Crown Court) or 208 (appeals to Secretary of State) against the decision of the scheme manager to reduce a pension under this regulation.

Refusal to be medically examined

108

The scheme manager may make a decision under this Chapter on such evidence and medical advice as the scheme manager in its discretion thinks necessary if—

(a) the question in regulation 106 (referral of medical question for purpose of reduction of benefits) is referred to a selected medical practitioner for decision; and

(b) the member wilfully or negligently fails to submit to any medical examination or to attend any interviews that the selected medical practitioner considers necessary in order to make a decision.

Decision of scheme manager void if appeal against decision of selected medical practitioner is successful

109

A decision of the scheme manager under this Chapter is void if—

(a) the selected medical practitioner decides that the member has brought about or substantially contributed to the medical unfitness by the member's own default;

(b) the member appeals under Schedule 1 against the decision of the selected medical practitioner; and

(c) the appeal board decides that the member did not bring about or substantially contribute to the medical unfitness by the member's own default.

CHAPTER 5 — Review of ill-health benefits

Review of lower tier ill-health pension

110

(1) This regulation applies in relation to a person (P) who—

(a) is receiving payment of a lower tier ill-health pension but not an enhanced upper tier ill-health pension; and

(b) has not reached normal pension age under this scheme.

(2) The scheme manager may periodically review whether P's medical unfitness has ceased or significantly worsened.

(3) A periodic review under paragraph (2) may be carried out at any time the scheme manager in its discretion determines.

(4) The scheme manager must carry out a review as to whether P's medical unfitness has ceased or significantly worsened if the scheme manager is notified that P's medical unfitness has worsened.

(5) In carrying out a review under paragraph (2) or (4), the scheme manager must refer the questions in 117(2) (referral of medical questions for purpose of a review: lower tier ill-health pension) to a selected medical practitioner for decision.

(6) In this regulation, “medical unfitness” means inability occasioned by infirmity of mind or body to perform the ordinary duties of a member of the police force.

Cancellation of lower tier ill-health pension if medical unfitness ceases

111

(1) This regulation applies if—

(a) the scheme manager carries out a review under regulation 110; and

(b) the selected medical practitioner gives a report on the questions referred under regulation 117(2) containing the decision that P has ceased to be medically unfit for performing the ordinary duties of a member of the police force.

(2) The scheme manager may give P notice that P may rejoin the police force—

(a) within the period of 3 months beginning with the date on which P is given the notice; and

(b) at a rank not lower than the rank which P held immediately before the ill-health pension became payable.

(3) The lower tier ill-health pension ceases to be payable to P on the earlier of—

(a) the last day of the 3 month period; or

(b) the day on which P rejoins the police force.

(4) Paragraph (5) applies if—

(a) a lower tier ill-health pension ceases to be payable under paragraph (3)(a); but

(b) P is not entitled to receive payment of a full retirement pension under Chapter 2 (full retirement benefits) because P has less than 2 years qualifying service.

(5) The scheme manager must pay the difference to P if the aggregate of the following is less than P's aggregate pension contributions in respect of the relevant period of service—

(a) the sums paid in respect of the pension; and

(b) the actuarial value, determined by the scheme manager in accordance with actuarial tables, of any pension to which P is entitled under regulation 205 (guaranteed minimum under section 14 of PSA 1993).

Entitlement to enhanced upper tier ill-health pension following claim for payment

112

(1) This regulation applies if—

(a) the scheme manager carries out a review under regulation 110(4) (review of lower tier ill-health pension); and

(b) the selected medical practitioner gives a report on the questions referred under regulation 117(2) containing the decision that P is permanently medically unfit for engaging in any regular employment.

(2) P is entitled to payment of an enhanced upper tier ill-health pension from the claim date, calculated in accordance with regulation 104 (annual rate of ill-health pension under this scheme) and payable in accordance with this regulation in addition to the lower tier ill-health pension.

(3) The enhanced upper tier ill-health pension is payable in respect of each month as from the claim date.

(4) P is not taken to claim payment of an enhanced upper tier ill-health pension if the claim date is more than 5 years after the date on which P became entitled to payment for life of the lower tier ill-health pension.

(5) The time limit in paragraph (4) does not apply if P's medical unfitness is attributable to a progressive medical condition which, of its nature, could have been expected, as at the time of P's retirement, to affect P with increasing severity.

(6) In this regulation—

“claim date” means the date on which the scheme manager is notified that P's medical unfitness has worsened; and

“progressive medical condition” means—a medical condition specified in Schedule 2 (progressive medical conditions); ora medical condition specified on a list published by the Secretary of State for the purpose of this regulation.

Entitlement to enhanced upper tier ill-health pension following periodic review

113

(1) This regulation applies if—

(a) the scheme manager carries out a periodic review under regulation 110(2) (review of lower tier ill-health pension); and

(b) the selected medical practitioner gives a report on the questions referred under regulation 117(2) containing the decision that P is permanently medically unfit for engaging in any regular employment.

(2) P is entitled to payment of an enhanced upper tier ill-health pension from the claim date, calculated in accordance with regulation 104 (annual rate of ill-health pension under this scheme) and payable in accordance with this regulation in addition to the lower tier ill-health pension.

(3) P is not entitled to payment of an enhanced upper tier ill-health pension under this regulation if the claim date is more than 5 years after the date on which P became entitled to payment for life of the lower tier ill-health pension.

(4) The time limit in paragraph (3) does not apply if P's medical unfitness is attributable to a progressive medical condition which, of its nature, could have been expected, as at the time of P's retirement, to affect P with increasing severity.

(5) The enhanced upper tier ill-health pension is payable in respect of each month as from the claim date.

(6) In this regulation, “claim date” means the date on which the scheme manager refers the questions in regulation 117(2) (referral of medical questions for purpose of a review: lower tier ill-health pension) to a selected medical practitioner for decision.

Review and cancellation of enhanced upper tier ill-health pension

114

(1) This regulation applies in relation to a person (P) who—

(a) is receiving payment of both a lower tier ill-health pension and an enhanced upper tier ill-health pension; and

(b) has not reached P's state pension age.

(2) The scheme manager may periodically review whether the person's medical unfitness has ceased or significantly improved.

(3) A review may be carried out at intervals of no less than 5 years as the scheme manager in its discretion determines.

(4) The scheme manager must refer the questions in regulation 117(3) (referral of medical questions for purpose of a review: enhanced upper tier ill-health pension) to a selected medical practitioner for decision.

(5) If the selected medical practitioner gives a report on the questions referred under regulation 117(3) containing the decision that P has ceased to be medically unfit for engaging in any regular employment, P ceases to be entitled to payment of the enhanced upper tier ill-health pension.

(6) P ceases to be entitled to payment of the enhanced upper tier ill-health pension—

(a) at the end of the period of 3 months beginning with the date of the report which contains the decision by the selected medical practitioner that P has ceased to be medically unfit for engaging in any regular employment; or

(b) if earlier, the day on which P returns to eligible service.

(7) P remains entitled to payment for life of the lower tier ill-health pension unless—

(a) the scheme manager, on a review under another regulation in this Chapter, refers the questions under regulation 117(2) (referral of medical questions for purpose of a review: lower tier ill-health pension) to the selected medical practitioner for decision; and

(b) the selected medical practitioner gives a report on those questions containing the decision that P has ceased to be medically unfit for performing the ordinary duties of a member of the police force.

(8) In paragraph (2), “medical unfitness” means inability occasioned by infirmity of mind or body to engage in any regular employment.

Cancellation of ill-health pension: failure to receive appropriate medical treatment

115

(1) This regulation applies if—

(a) the scheme manager carries out a review under regulation 110 (review of lower tier ill-health pension) or 114 (review and cancellation of enhanced upper tier ill-health pension);

(b) the selected medical practitioner gives P a written notice stating the opinion that—

(i) P's medical unfitness for performing the ordinary duties of a member of the police force would be expected to have ceased if P had received normal appropriate medical treatment; and

(ii) P is not receiving, or has not received, appropriate medical treatment; and

(c) the scheme manager gives P a written notice stating the opinion that P's failure to receive appropriate medical treatment is attributable to P's wilfulness or negligence and giving notice of the scheme manager's powers under paragraph (2).

(2) The scheme manager may cease payment of the ill-health pension if the scheme manager decides that—

(a) P's failure to receive appropriate medical treatment is attributable to P's wilfulness or negligence; and

(b) P has persisted in that failure after receiving both—

(i) a written notice from the selected medical practitioner under paragraph (1)(b); and

(ii) a written notice from the scheme manager under paragraph (1)(c).

(3) In this regulation—

“appropriate medical treatment” does not include medical treatment that the scheme manager decides is reasonable for P to refuse ; and

“medical unfitness” means inability occasioned by infirmity of mind or body to perform the ordinary duties of a member of the police force.

Review and cancellation of full retirement pension which came into payment early on grounds of permanent medical unfitness

116

(1) This regulation applies in relation to a person (P) who—

(a) is receiving payment of a full retirement pension which came into payment early on grounds of permanent medical unfitness ; and

(b) has not reached P's state pension age.

(2) The scheme manager may periodically review whether P's medical unfitness has ceased.

(3) A review may be carried out at intervals of no less than 5 years as the scheme manager in its discretion determines.

(4) The scheme manager must refer the questions in regulation 117(4) (referral of medical questions for purpose of a review: full retirement pension) to a selected medical practitioner for decision.

(5) If the selected medical practitioner gives a report on the questions referred under regulation 117(4) containing the decision that the member has ceased to be medically unfit for engaging in any regular employment, the scheme manager must cease to make payments of the full retirement pension from the beginning of the next pay period.

(6) In this regulation, “medical unfitness” means inability occasioned by infirmity of mind or body to engage in any regular employment.

Referral of medical questions for purpose of a review

117

(1) This regulation applies in relation to the following reviews.

(2) Where the scheme manager is considering whether the medical unfitness of a person receiving payment of a lower tier ill-health pension but not an enhanced upper tier ill-health pension has ceased or significantly worsened, the scheme manager must refer the following questions to a selected medical practitioner for decision—

(a) whether the person continues to be medically unfit for performing the ordinary duties of a member of the police force; and

(b) if so, whether—

(i) the person is also medically unfit for engaging in any regular employment; and

(ii) that medical unfitness is likely to be permanent.

(3) Where the scheme manager is considering whether the medical unfitness of a person receiving payment of both a lower tier ill-health pension and an enhanced upper tier ill-health pension has ceased or significantly improved, the scheme manager must refer the following questions to a selected medical practitioner for decision—

(a) whether the person continues to be medically unfit for engaging in any regular employment; and

(b) if not, whether the person continues to be medically unfit for the performance of the ordinary duties of a member of the police force.

(4) Where the scheme manager is considering whether the medical unfitness of a person receiving payment of a full retirement pension which came into payment early on grounds of permanent medical unfitness has ceased, the scheme manager must refer the question whether the person continues to be medically unfit for engaging in any regular employment to a selected medical practitioner for decision.

(5) If the selected medical practitioner decides that the question mentioned in paragraph (2)(a) or a question mentioned in paragraph (3) or (4) is answered in the affirmative, the selected medical practitioner does not need to consider the question as to the likelihood of that medical unfitness continuing permanently.

(6) The decision of the selected medical practitioner on a question referred under this regulation must take the form of a report.

(7) A copy of the report must be given to the scheme manager and to the member.

(8) That report is final, subject to—

(a) an appeal against the decision under Schedule 1; or

(b) the referral of the decision for reconsideration under Schedule 1.

Refusal to be medically examined

118

The scheme manager may make a decision under this Chapter on such evidence and medical advice as the scheme manager in its discretion thinks necessary if—

(a) a question as to the medical unfitness of a member of a police force is referred to a selected medical practitioner for decision; and

(b) the member wilfully or negligently fails to submit to any medical examination or to attend any interviews that the selected medical practitioner considers necessary in order to make a decision.

Decision of scheme manager void if appeal against decision of selected medical practitioner is successful

119

(1) A decision of the scheme manager under this Chapter is void if—

(a) the selected medical practitioner decides that—

(i) the member is permanently medically unfit for performing the ordinary duties of a member of the police force; or

(ii) the member is permanently medically unfit for engaging in any regular employment;

(b) the member appeals under Schedule 1 against the decision of the selected medical practitioner; and

(2) A decision of the scheme manager under this Chapter is void if—

(a) the selected medical practitioner decides that—

(i) the member is not permanently medically unfit for performing the ordinary duties of a member of the police force; or

(ii) the member is not permanently medically unfit for engaging in any regular employment;

(b) the member appeals under Schedule 1 against the decision of the selected medical practitioner; and

CHAPTER 6 — Payment options

Options under this Chapter

120

The options under this Chapter are—

(a) the option under regulation 122 to buy out the early payment reduction;

(b) the option under regulation 123 to defer payment of a retirement added pension;

(c) the option under regulation 124 (option to commute part of pension) to exchange part of a full retirement pension or ill-health pension for a lump sum.

Exercising an option under this Chapter

121

(1) A member may exercise an option under this Chapter by written notice to the scheme manager.

(2) In this Chapter, “option notice” means a notice by which a member exercises an option under this Chapter.

Option to buy out early payment reduction

122

(1) This regulation applies if a member of this scheme claims payment of a full retirement pension under Chapter 2 and—

(a) if the member is an active member, the member has not reached normal pension age under this scheme; or

(b) if the member is a deferred member, the member has not reached the member's state pension age.

(2) The member may opt under this regulation to buy out all or part of the early payment reduction that would otherwise apply to the calculation of the annual rate of full retirement pension.

(3) The cost to buy out all or part of the early payment reduction must be met by way of a special payment to this scheme—

(a) made by the member;

(b) made by the employer of an active member or a deferred member in eligible service (“the employer”); or

(4) The employer, in relation to an active member or a deferred member in eligible service, may make a special payment using a lump sum payable to the member under the compensation scheme if the employer determines that such a payment would assist the economical, effective and efficient management of its functions having taken account of the costs likely to be incurred in the particular case.

(4A) A special payment under paragraph (4) is subject to any restriction imposed by regulations made under section 153A of the Small Business, Enterprise and Employment Act 2015 (regulations to restrict public sector exit payments) that applies at the time that the payment is to be made.

(5) Any special payment by the employer must be made—

(a) in accordance with the compensation scheme; or

(b) with the consent of the Secretary of State.

(6) If the employer makes a special payment under paragraph (5)(a)—

(a) the lump sum payable to the member under the compensation scheme is reduced by the amount of the special payment; and

(b) if the amount of the special payment is more than the whole of the lump sum payable to the member under the compensation scheme, any difference is not chargeable to the member.

(7) The cost of buying out the early payment reduction is an amount determined by the scheme manager in accordance with actuarial guidance.

(8) Any special payment made by a member must be made in accordance with the requirements of the scheme manager.

(9) In this regulation, “the compensation scheme” means the scheme contained in the determination made under regulation 14A of the 2003 Regulations (Annex DA) providing for payment of a compensation lump sum to a member of a police force on voluntary retirement.

Option to defer payment of retirement added pension

123

(1) This regulation applies in relation to a member of this scheme who, on or after reaching normal pension age under this scheme, becomes entitled to payment for life of a retirement added pension of any description.

(2) The member may opt under this regulation to defer payment of the retirement added pension of that description.

(3) A member who exercises the option under this regulation becomes a deferred member of this scheme in respect of the retirement added pension of that description and accordingly—

(a) a deferred member's account must be established under Part 5 (pension accounts); and

(b) the amount of retirement added pension of that description must be specified in the deferred member's account as the provisional amount of deferred added pension of that description.

(4) The member is entitled to payment for life of the retirement added pension of that description when the member claims payment of that pension.

(5) A member may only claim payment of a pension under this regulation by giving at least one month's written notice to the scheme manager.

(6) The notice must specify the date from which payment of the pension is claimed.

(7) The annual rate of retirement added pension is calculated in accordance with regulation 99 (annual rate of full retirement pension (deferred members)).

Option to commute part of pension

124

(1) A member who becomes entitled to payment for life of a full retirement pension or an ill-health pension may opt under this regulation to exchange part of the pension for a lump sum.

(2) An option under this regulation may only be exercised before the first payment of the pension is made.

(3) If a member exercises the option, for every £1 by which the amount of the member's annual rate of full retirement pension or ill-health pension is reduced, the member must be paid a lump sum of £12.

(4) The lump sum may not be more than 25% of the amount advised by the scheme actuary as representing the cash value of the pension.

(5) A member may not exchange pension for lump sum under this regulation to the extent that it would result in a scheme chargeable payment for the purposes of Part 4 of FA 2004 (see section 241 of that Act).

(6) If paragraph (7) applies, the member may opt to exchange only so much of the pension that exceeds the guaranteed minimum, multiplied by such factor as is indicated for a person of the member's description in actuarial tables.

(7) This paragraph applies if the member has a guaranteed minimum under section 14 of PSA 1993 in relation to the whole or part of a pension as a result of receipt by this scheme of a transfer payment from another pension scheme in respect of which the member had such a guaranteed minimum.

PART 8 — Benefits for pension credit members

Interpretation

125

In this Part, “claim date” has the meaning given in regulation 127 (claim for payment of pension credit member's pension).

Entitlement to pension credit member's pension

126

A pension credit member (P) of this scheme who has reached normal minimum pension age is entitled to payment for life of a pension credit member's pension under this scheme if—

(a) the pension sharing order under which P is entitled to the pension credit has taken effect;

(b) P has claimed payment of the pension under this Part; and

(c) the scheme manager is satisfied that on the claim date the requirements of regulation 7(5) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 are met.

Claim for payment of pension credit member's pension

127

(1) The claim for payment of a pension credit member's pension may only be made by written notice to the scheme manager.

(2) The notice must specify the date from which payment of the pension is claimed (“claim date”).

(3) The notice must be given at least one month before the claim date.

Payment of pension credit member's pension

128

A pension credit member's pension is payable in respect of each month as from the claim date.

Annual rate of pension credit member's pension

129

The annual rate of a pension credit member's pension is calculated by—

(a) taking the amount of credited pension specified in the pension credit member's account;

(b) subtracting the early payment reduction (if any) specified in that account in relation to that amount; and

Pension credit member's rights

130

(1) If regulation 7(5) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (early retirement or deferred retirement) applies, the scheme manager must be reasonably satisfied that the requirements of that regulation have been met.

(2) Benefits that are attributable (directly or indirectly) to a pension credit may not be aggregated with any other benefit to which a pension credit member is entitled under this scheme.

(3) If a pension credit member is a dual capacity member, benefits are payable to or in respect of the member in each of the member's capacities.

Option for pension credit member to commute part of pension

131

(1) A pension credit member who becomes entitled to payment of a pension credit member's pension under this scheme may opt to exchange part of the pension for a lump sum.

(2) The option under this regulation may only be exercised—

(a) by written notice to the scheme manager; and

(b) before the first payment of the pension is made.

(3) If a pension credit member exercises the option under this regulation, for every £1 by which the amount of the member's annual rate of pension credit member's pension is reduced, the member must be paid a lump sum of £12.

(4) A pension credit member may not exchange pension for lump sum under this regulation to the extent that it would result in a scheme chargeable payment for the purposes of Part 4 of FA 2004 (see section 241 of that Act).

(5) This regulation does not apply if the pension debit member from whose rights the pension is derived received a lump sum under Part 7 (retirement benefits) before the date on which the pension sharing order takes effect.

Option for pension credit member to commute whole pension (serious ill-health)

132

(1) This regulation applies in relation to a pension credit member whom a selected medical practitioner certifies has a life-expectancy of less than 12 months.

(2) The pension credit member may opt to exchange the whole of the pension credit member's pension under this scheme for a lump sum.

(3) The option under this regulation (“this option”) may only be exercised—

(a) by written notice to the scheme manager; and

(b) before the first payment of the pension is made.

(4) The lump sum—

(a) is an amount equal to the total annual amount of the pension credit member's pension, multiplied by 5; and

(b) must be paid to the pension credit member as soon as is reasonably practicable after this option is exercised.

(5) In this regulation, “total annual amount” in relation to a pension credit member's pension means the total of—

(a) the annual rate of pension to which the member would be entitled apart from this option, calculated as at the date this option is exercised, but without subtracting the early payment reduction (if any); and

(b) the amount of increase (if any) in the annual rate of that pension under PIA 1971 calculated as at that date.

(6) The payment of a lump sum under this regulation in place of a pension discharges all liabilities under this scheme in respect of that pension.

PART 9 — Death benefits

CHAPTER 1 — Application of Part

Application of Part

133

(1) This Part applies in relation to death benefits payable in respect of a continuous period of pensionable service under this scheme (“period of service”).

(2) In this Part, “active member”, in relation to this scheme, means a person—

(a) who is an active member of this scheme; or

(b) who, for the purpose of determining entitlement to payment of benefits to or in respect of the member, is taken to be an active member of this scheme .

CHAPTER 2 — Pensions for surviving adults

Surviving adults

134

In these Regulations—

“surviving adult”, in relation to a deceased member of this scheme, means the member's surviving spouse, surviving civil partner or surviving adult partner;

“surviving civil partner”, in relation to a deceased member of this scheme, means a person who was in a civil partnership with the member at the date of the member's death; and

“surviving spouse”, in relation to a deceased member of this scheme, means a person who was married to the member at the date of the member's death.

Meaning of “surviving adult partner”

135

(1) A person (P) is a surviving adult partner of a deceased member of this scheme if—

(a) the following conditions are met—

(i) P and the member were cohabiting as partners in an exclusive, committed long-term relationship;

(ii) either P was financially dependent on the member or P and the member were financially interdependent;

(iii) the member was able to marry or form a civil partnership with P; and

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the circumstances in sub-paragraphs (i) to (iii) of paragraph (a) continued to subsist at the time of the member's death; and

(ii) the period of cohabitation had been of at least 2 years' duration at the time of the member's death.

(2) The scheme manager may in its discretion accept a shorter period of cohabitation if satisfied in the particular circumstances of the case that the member and P would have cohabited as partners for at least 2 years had the member not died.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “surviving adult's pension”

136

In these Regulations, “surviving adult's pension” means any of the following pensions payable to a surviving adult under this Chapter—

(a) a surviving adult's earned pension;

(b) a surviving adult's lower tier ill-health pension;

(d) a surviving adult's added pension.

Entitlement to surviving adult's pension

137

(1) This regulation applies in relation to a member who was at the date of death—

(a) an active member of this scheme with at least 2 years' qualifying service;

(b) a deferred member of this scheme; or

(2) The surviving adult of the member is entitled to payment for life of a surviving adult's pension as follows—

(a) if the member was entitled to payment for life of a retirement earned pension at the date of the member's death, or would have become entitled to such a pension had the member not died, a surviving adult's earned pension;

(b) if the member was entitled to payment for life of a lower tier ill-health pension at the date of the member's death, a surviving adult's lower tier ill-health pension;

(c) if the member was entitled to payment for life of both a lower tier ill-health pension and an enhanced upper tier ill-health pension at the date of the member's death, a surviving adult's lower tier ill-health pension and a surviving adult's enhanced upper tier ill-health pension;

(d) if the member was entitled to payment for life of a retirement added (all beneficiaries) pension at the date of the member's death or would have become entitled to such a pension had the member not died, a surviving adult's added pension.

(3) The scheme manager may in its discretion withhold a surviving adult's pension that would otherwise be payable to a surviving spouse if the member and the surviving spouse were married less than 6 months before the member's death.

(4) The scheme manager may in its discretion withhold a surviving adult's pension that would otherwise be payable to a surviving civil partner if the civil partnership was formed less than 6 months before the member's death.

(5) Paragraphs (3) and (4) are subject to regulation 151 (guaranteed minimum pensions for surviving spouses and civil partners).

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