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Statutory Instruments

2014 No. 79

Police, England And Wales

Pensions, England And Wales

The Police Pensions (Amendment) Regulations 2014

Made

15th January 2014

Laid before Parliament

23rd January 2014

Coming into force

13th March 2014

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1 to 7 of the Police Pensions Act 1976( 1 ).

In accordance with section 1(1) of that Act, the Treasury( 2 ) have consented to the making of these Regulations and the Secretary of State has consulted with the Police Negotiating Board for the United Kingdom( 3 ).

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Police Pensions (Amendment) Regulations 2014 and shall come into force on 13th March 2014.

(2) These Regulations extend to England and Wales.

Amendment of the Police Pensions Regulations 1987

2.The Police Pensions Regulations 1987( 4 ) are amended as follows.

3. In regulation A12(2)( 5 ) (disablement), omit “or the widower of a member of a police force”.

4. In regulation G6( 6 ) (payments by women to enhance widowers’ awards)—

(a) in paragraph (1A), after “by the Police Pensions (Amendment) Regulations 2006” insert “or the Police Pensions (Amendment) Regulations 2014”;

(b) in paragraph (3), at the end insert—

(g) in the case of a woman by whom contributions are payable under regulation G2 on or before the date on which the Police Pensions (Amendment) Regulations 2014 come into force, and who elects to secure the counting of pensionable service after 5th April 1988 and before 17th May 1990 (not being service which is already the subject of an election to enhance her surviving spouse’s or surviving civil partner’s award), the date on which those Regulations come into force, or

(h) in the case of a woman by whom contributions become payable under regulation G2 after the date on which the Police Pensions (Amendment) Regulations 2014 come into force, and who elects to secure the counting of pensionable service after 5th April 1988 and before 17th May 1990 (not being service which is already the subject of an election to enhance her surviving spouse’s or surviving civil partner’s award), the date on which those contributions become payable. ;

(c) in paragraph (4A), for “paragraph (3)(c), (d), (e), (f)” substitute “paragraph 3(c), (d), (e), (f), (g) or (h)”;

(d) in paragraph (13), for “paragraph (3)(c), (d), (e), (f)” substitute “paragraph 3(c), (d), (e), (f), (g) or (h)”.

5. In regulation J1( 7 ) (policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act 1975) —

(a) in paragraph (4B)—

(i) before “a civil partner” insert “a surviving spouse who is the same sex as the policeman or”; and

(ii) before “surviving civil partner” insert “surviving spouse or”;

(b) in paragraph (5B), before “surviving civil partner” insert “surviving spouse or”;

(c) at the end insert—

(7)Section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Marriage (Same Sex Couples) Act 2013 ( 8 ) (effect of extension of marriage; interpretation of legislation) do not apply to this Regulation. .

6. In Part I of Schedule C( 9 ) (widow’s ordinary pension)—

(a) in paragraph 1—

(i) in sub-paragraph (2A), for the words “a widower” substitute “the surviving spouse”;

(ii) in sub-paragraph (2B), for the words “the surviving civil partner of” substitute “a woman who is the surviving spouse, or who is the surviving civil partner of,”;

(iii) in sub-paragraph (2C), for the words “the surviving civil partner of” substitute “a man who is the surviving spouse, or who is the surviving civil partner of,”;

(b) in paragraph 3, for the words “a man” substitute “a surviving spouse”.

7. In Part III of Schedule C( 10 ) (widow’s accrued pension)—

(a) in paragraph 1—

(i) in sub-paragraph (1A), for the words “a widower” substitute “the surviving spouse”;

(ii) in sub-paragraph (1B), for the words “the surviving civil partner of” substitute “ a woman who is the surviving spouse, or who is the surviving civil partner of,”;

(iii) in sub-paragraph (1C), for the words “the surviving civil partner of” substitute “a man who is the surviving spouse, or who is the surviving civil partner of,”;

(b) in paragraph 3(4), for the words “A man” substitute “A surviving spouse”.

8. In Part IV of Schedule C( 11 ) (widow’s pension in the case of post-retirement marriage)—

(a) in paragraph 4, for the words “a widower”, substitute “the surviving spouse”;

(b) in paragraph 5, for the words “the surviving civil partner of” substitute “ a woman who is the surviving spouse, or who is the surviving civil partner of,”;

(c) in paragraph 6, for the words “the surviving civil partner of” substitute “a man who is the surviving spouse, or who is the surviving civil partner of,”.

9. In Part V of Schedule C( 12 ) (widow’s requisite benefit pension)—

(a) in paragraph 1—

(i) in sub-paragraph (a), for the words “a widower” substitute “the surviving spouse”;

(ii) in sub-paragraph (b), for the words “the surviving civil partner of” insert “a man who is the surviving spouse, or who is the surviving civil partner of,”;

(b) in paragraph 1A, for the words “the surviving civil partner of” substitute “ a woman who is the surviving spouse, or who is the surviving civil partner of,”.

Amendment of the Police (Injury Benefit) Regulations 2006

10.The Police (Injury Benefit) Regulations 2006( 13 ) are amended as follows.

11. In regulation 7(4) (disablement), for “widower” substitute “surviving spouse”.

12. In regulation 13 (adult survivor’s special award)

(a) in paragraph (10), for “a widower” substitute “the surviving spouse”;

(b) in paragraph (11), for the words “the surviving civil partner of” substitute “a woman who is the surviving spouse, or who is the surviving civil partner of,”;

(c) in paragraph (12), for the words “the surviving civil partner of” substitute “a man who is the surviving spouse, or who is the surviving civil partner of,”.

13. In regulation 20(1) (adult dependent relative’s special pension), for paragraphs (c) and (d), substitute—

(c) where the member was a woman who was married or in a civil partnership, and where her spouse or civil partner was permanently disabled at the time the member died, to her surviving spouse or surviving civil partner, .

14. In paragraph 2(a) of Schedule 5 (dependent relative’s special pension), for “widower” substitute “surviving spouse”.

Damian Green

Minister of State

Home Office

14th January 2014

We consent

David Evennett

Sam Gyimah

Two Lords Commissioners of Her Majesty’s Treasury

15th January 2014

( 1 )

1976 c. 35 . Sections 1 to 7 were amended by section 2(3) of the Police Negotiating Board Act 1980 (c. 10) , paragraph 19 of Schedule 5 to the Police and Magistrates’ Courts Act 1994 (c.29) , paragraphs 28 and 29 of Schedule 7 to the Police Act 1996 (c. 16) , section 1(1) and (2) of the Police and Firemen’s Pensions Act 1997 (c.52) , section 78(2)(f) of the Police (Northern Ireland) Act 2000 (c. 32) , section 126(1) of and paragraph 6(1) and (2) of Schedule 4 to the Criminal Justice and Police Act 2001 (c.16) , paragraph 6(1) of Schedule 3 to the International Development Act 2002 (c. 1) , paragraph 30 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) , paragraph 58 of Schedule 1 and Part 1(A) of Schedule 15 to the Police and Justice Act 2006 (c. 48) , paragraph 11(2) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) , paragraph 2(2) of the Schedule to S.I. 2007/1098 and paragraphs 128 to 130 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) .

( 2 )

The functions of the Minister for the Civil Service were transferred to the Treasury by the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 ( S.I. 1981/1670 ).

( 3 )

See section 61 of the Police Act 1996.

( 5 )

Paragraph (2) was amended by S.I. 2003/535 , S.I. 2006/932 and S.I. 2009/2060 .

( 6 )

Regulation G6 was inserted by S.I. 1994/641 ; paragraph (1A) was inserted by SI 2006/740 ; paragraph (3) was amended by SI 2003/27 and SI 2006/740 ; paragraph (4A) was substituted by SI 2003/27 and amended by SI 2006/740 and SI 2010/431 ; paragraph (13) was amended by SI 2003/27 and SI 2006/740 ; there are other amending instruments but none is relevant to these Regulations.

( 7 )

Paragraphs (4B) and (5B) were inserted by S.I. 2006/740 .

( 8 )

2013 c.30 .

( 9 )

Paragraph 1(2A) was inserted by S.I. 1992/2349 and was amended by S.I. 1994/641 and S.I. 2006/740 ; paragraph 1(2B) and (2C) was inserted by S.I. 2006/740 ; paragraph 3 was amended by S.I. 1992/2349 and S.I. 2006/740 .

( 10 )

Paragraphs 1(1A) and 3(4) were inserted by S.I. 1992/2349 and amended by S.I. 2006/740 ; paragraph 1(1B) and (1C) was inserted by S.I. 2006/740 .

( 11 )

Paragraph 4 was inserted by S.I. 1992/2349 and amended by S.I. 1994/641 and S.I. 2006/740 ; paragraphs 5 and 6 were inserted by S.I. 2006/740 .

( 12 )

Paragraphs 1(a) and (b) and 1A were substituted by S.I. 2006/740 .

( 13 )

S.I. 2006/932 , to which there are amendments not relevant to these Regulations.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Police Pensions (Amendment) Regulations 2014 (2014/79)

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