The Police Pensions Regulations 1987

Previous service reckonable under preserved interchange arrangements

F7.—(1) Save as provided in paragraph (2) and subject to paragraph 5 of Section 1 of Part III of Schedule F, this Regulation shall apply to a regular policeman—

(a)who before he last became a regular policeman before the relevant date was in such service or employment as is mentioned in Section 1, 2 or 3 of Part III of Schedule F by reason of which he was subject to superannuation arrangements (in this Regulation such service or employment and the Section in which it is mentioned are referred to as “former service” and “the Section in question” and such superannuation arrangements are referred to as “former superannuation arrangements”);

(b)who has served as a regular policeman on or after the date specified in the Section in question in relation to his former service;

(c)who last became a regular policeman before the relevant date within 12 months of the termination of his former service or within such longer period as may be agreed, in the circumstances of his case, between the police authority and the authority specified in the Section in question in relation to his former service;

(d)in respect of whom such a transfer value relating to his former service as is mentioned in the Section in question has been paid to the police authority of the force in which he is or was serving on the relevant date, and

(e)who, within 6 months of the date specified in the Section in question in relation to the former service or 3 months of last becoming a regular policeman before the relevant date, whichever is the later, or within such longer period as the police authority may allow in his case—

(i)has paid, or has undertaken to pay as mentioned in Part I of Schedule F, a sum equal to the balance of any liability outstanding, immediately before he ceased to be engaged in his former service, in respect of payments or contributions he was then making as a condition of reckoning past service as contributing service or otherwise for the purposes of the former superannuation arrangements, being service taken into account for the purpose of calculating the transfer value referred to in sub-paragraph (d), and

(ii)has paid to the police authority a sum equal to the amount, if any, by which the transfer value referred to in sub-paragraph (d) falls to be reduced on account of any sum paid to him under the former superannuation arrangements by way of return of contributions.

(2) Nothing in this Regulation shall apply—

(a)in the case of a regular policeman who, before the relevant date, last became a regular policeman on or after 1st April 1972 unless he last so became such before 6th April 1978 and either—

(i)paragraph (1)(d) was satisfied in his case before 1st January 1974, or

(ii)he or his widow elected under paragraph (1A) of Regulation 51 of the Regulations of 1973 that that Regulation should apply in his case;

(b)in relation to the transfer of a member of the British Airports Authority constabulary to a police force by an order under section 6 of the Policing of Airports Act 1974(1), or

(c)in relation to a regular policeman in whose case Regulation F6 applies in consequence of the exercise by the police authority of the discretion mentioned in paragraph (3) of that Regulation.

(3) Subject to paragraph (4), there shall be reckonable by a regular policeman to whom this Regulation applies, as pensionable service in respect of his former service, 3 quarters of the period specified in paragraph (5).

(4) Where under the former superannuation arrangements—

(a)the maximum pension payable (otherwise than on retirement occasioned by injury or ill-health) is payable where the person concerned has been engaged for a period of 30 years in service which counts in full for the purposes of those arrangements, or

(b)after 20 years of such service, each year of service counts as 2 years service for the said purposes,

paragraph (3) shall not apply but there shall be reckonable as therein mentioned the whole of the period specified in paragraph (5) so, however, that, where under the former superannuation arrangements such provision as is mentioned in sub-paragraph (a) or (b) is made in relation only to service or employment of a description designated therein (in this paragraph referred to as “designated service”) and the regular policeman’s former service included designated service, there shall be reckonable as aforesaid—

(i)the whole of that part of the period specified in paragraph (5) as is referable to designated service, and

(ii)3 quarters of that part of that period as is not so referable.

(5) The period referred to in paragraphs (3) and (4) shall be—

(a)the period of service which is reckonable for the purpose of calculating the transfer value referred to in paragraph (1)(d), or

(b)where separate calculations are made in respect of contributing and non-contributing service reckonable for the purpose of calculating the said transfer value, the aggregate of the period of contributing service and half the period of non-contributing service which is so reckonable.