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Pensions Advice
Covert Recording at Medical Appeal Board
During a Police Medical Appeals Board hearing on 11th February 2010 all parties were advised by the chair that the use of covert recording would not be tolerated. This evidently relates to an incident which occurred in another Police Medical Appeals Board for another force last week. North Yorkshire Police Federation wish to make it clear that we do not agree with anyone using covert recording and will revise our position on representing them if we discover they have been using or intend to use any covert means of recording including applications on mobile phones, PDAs or digital recorders
The Police Pension Scheme
The police pension scheme is a final salary scheme. This means that the pension payable to a retiring officer is calculated not by the financial value of his/her contributions, but by reference to the period of pensionable service and the final pensionable pay.
Police Pensions is a very complex area. The regulations governing there are reproduced on these pages for your information. For discussion and advice about how they relate to your particular set of circumstances, please contact the Federation office. It will greatly assist us to ensure you get the best possible advice and representation in matters relating to police pensions and injury awards if you could please complete this questionnaire and return it to us along with a C2 and Pensions form which you can find by clicking here.
LATEST NEWS
- Revised Commutation of Police Pension Scheme
- Pension Reviews February 2010
- For the information of all those affected by reviews of injury awards
- Stress - Post Traumatic Stress Disorder - Trauma Risk Mgt
- Police Pensioners Housing Association
- Guidance on further backdating of PPS commutation factors
- Outcome of the Judicial Review in to the backdating of commutation factors under the Police Pensions Regulations 1987
- Injury Awards - Recent Case Law
- R(ota Ashton v Medical Appeal Board) Police Pensions - Meaning of 'Disablement'
- Police Injury Benefits Regulations FAQ Guide
- Link to Pensions Ombudsman
- Link to Police Medical Appeals Board Guidance
- Review of Police Injury Benefits
- Police Injury Benefits
- Internal Dispute Resolutions Policy
- Changes to Commutation
- The Police Pension Scheme 1987 Members’ Guide
- Change in Commutation and Exchange Factors - 30+ Scheme
- JBB Circular re Commutation and Exchange Factors
- Police Pensions Commutations GAD Guidance 21 May 2008
Reg. G2
In order to be a member of the pension scheme a police officer must make contributions at the rate of 1 pence per week less than 11% of pensionable pay.
Reg. G4
However, a police officer may 'opt out' of the pension scheme by electing not to pay contributions. Once this decision has been made, the police officer can opt back in only of he/she has undergone a medical examination and satisfied the Police Authority that he/she is in good health and generally only up to the age of 45 years.
Reg. B4
A police officer who has opted out of the Regulations without ever contributing to the scheme will not be entitled to any award apart from an injury award if he/she satisfies the injury award criteria.
Many of the awards depend on 'average pensionable pay'. This is calculated on the last day of police service. It is the best of the last three years annual salary.
Main Awards
There are five main awards under the Police Pensions Regulations.
Reg. B1 - Ordinary Pension
The Ordinary Pension is a pension to which, in an ideal world, all officers would become entitled. It is payable after 25 years' pensionable service or more where the officer is not retired on medical grounds. The officer receives 1/60th of average pensionable pay for each of the first 20 years' service and 2/60ths for each further year of service thereafter. Because the maximum pension payable under the Regulations is 40/60ths the officer reaches the maximum level after 30 years' service.
The ordinary pension is paid immediately if the officer has completed 30 years' service but, if he/she has between 25 years and 30 years, then it is only paid at age 50 unless the officer becomes permanently disabled before reaching that age.
Reg. B2 - Short Service Award
The short service award is payable to an officer who retires with less than 25 years' service because he/she has reached the age limit for the rank. The officer receives 1/60th of average pensionable pay for each of the first 20 years of service and 2/60ths for any years thereafter. It is paid immediately.
Reg. B3 - Ill Health Award
The ill health award is payable to an officer who retires on the ground that he/she is permanently disabled from performing ordinary police duties. The pension is calculated the same way as the ordinary pension but is better in three ways:
- The pension is enhanced in accordance with part III or Schedule B (e.g. for an officer with over 10 years service generally by 7/60ths) subject always to the overall maximum of 40/60ths.
- The pension is payable immediately even if the officer is aged under 50.
- The pension is index linked (see below)
Injury Award (Police Injury Benefit Regulations)
The injury award is payable on its own or in addition to an ordinary pension, a short service award, an ill health award or a deferred pension. It applies where the officer is permanently disabled from ordinary police duties as the result of an injury received in the execution of duty. The injury award consists of a gratuity and a continuing annual payment paid monthly, but it cannot be paid in respect of any period before the individual became permanently disabled. There may be situations in which the officer leaves the police whilst medically fit to continue, but becomes permanently disabled at a later date. The injury award can still be sought even if the officer retired many years earlier, though in these cases causation is often in dispute.
Reg. B5 - Deferred Pension
The deferred pension is payable to an officer who has served for at least 2 years but for less than 25 years (i.e. an officer who does not qualify for an ordinary pension).
The pension is calculated in the same way as an ordinary pension but it is payable only from age 60 unless the former officer becomes permanently disabled from ordinary police duties at a younger age.
An officer who does not qualify for any of these five awards (generally an officer with less than 2 years' service) will mist likely be entitled to an award by way of repayment of pension contributions during service.
Part H - Appeals
Part H of the Regulations sets out the procedures for appeals of which there are two kinds:
- Reg. H2 - a medical appeal to a board of medical referees.
- Reg. H5 - an appeal to the crown court.
It is worth considering each of the Regulations in Part H if considering appealing.
Medical Retirement
The scheme for medical retirement under the Regulations and guidance is in broad summary as follows:
- Where an issue arises as to whether an officer is permanently disables, the Police Authority refer the medical questions (generally via the FMA) to the SMP (selected medical practitioner).
- The SMP makes a decision, applying the legal tests set out in Regulation A12, and, where the officer is permanently disabled, also prepares a report on his/her capability.
- If the SMP finds that the officer is not permanently disabled, the officer will not be considered for medical retirement unless he/she successfully appeals to a board of medical referees under Reg. H2.
- If the officer is found permanently disabled, the Police Authority will consider all circumstances and decide whether or not to medically retire the officer under Reg. A20.
Reg. A20
Reg. A20 is based on the principles that:
- The police should not lose on medical grounds officers who are still able to provide useful service.
- That there should be a fair and clear procedure to deal with any case in which medical retirement is to be considered.
Discipline and Criminal Convictions
An officer required to resign or dismissed from service because of a discipline conviction (which might include the discipline offence of criminal conduct) will not be entitled to an ill health award because, if even he/she is permanently disabled, he/she will not have retired on that ground. However, so long as the qualifying conditions are satisfied he/she can still have an injury award and if he/she retires with an entitlement to a deferred pension or ordinary pension deferred until age 50, he/she can apply for immediate payment if he/she is permanently disabled. In that case, it does not matter what the cause of the disablement is.
An officer convicted of a serious criminal offence can face the possibility of forfeiture of pension under Reg.K5. This does not apply to disciplinary convictions only and the criminal offence in question must fall into one the of the three following categories:
- Treason.
- Official Secrets Act offences leading to at least 10 years in prison.
- An offence connected with police service which is certified by the Secretary of State either to have been gravely injurious to the interests of the State or liable to lead to serious loss of confidence in the public service.
An appeal against a forfeiture decision lies to the Crown Court under reg. H5 and the individual should seek to make representations to the Secretary of Sate in a case where forfeiture depends upon the Secretary of State certificate. It is arguable that natural justice requires the opportunity to make such representations.
New Police Pension Scheme
The current Police Pension Scheme will close to new recruits on 5th April 2006. After that date, new recruits will join the New Police Pension Scheme. Serving officers who are in the current pension scheme will have an opportunity to transfer to the new scheme if they wish. This page illustrates the main differences between the two schemes.
Who can be a member of the scheme?
Current Police Pension Scheme
Police officers joining the force up to 5th April 2006.
New Police Pension Policy
Police officers joining the force on or later than 5th April 2006. Members of the Police Pension Scheme will have the opportunity to transfer to the new scheme shortly after its introduction.
How much do I pay?
Current Police Pension Scheme
11% of your salary
New Police Pension Scheme
9.5% of your salary.
What is the maximum pension that I can get?
Current Police Pension Scheme
2/3rds final salary with option to exchange part of the pension for a lump sum.
New Police Pension Scheme
1/2 final salary plus fixed lump sum of times the pension with option to exchange part or all of the lump sum for extra pension.
What is my final salary based on?
Current Police Pension Scheme
Highest pensionable pay in each of the last 3 years.
New Police Pension Scheme
Earnings over the last 10 years are taken into account.
How long do I have to serve to get maximum pension?
Current Police Pension Scheme
30 years
New Police Pension Scheme
35 years
What is the earliest age that I can get my pension?
Current Police Pension Scheme
- After 30 years' service: making the earliest age in effect 48 1/2.
- 50 years with 25 years' service.
- 55 years with less than 25 years' service.
- 60 if leaving the police service before compulsory retirement age with less than 25 years' service.
New Police Pension Scheme
- 55.
- 65 if leaving the police service before age 55 or if opting out of the scheme.
Does my pension increase each year for inflation?
Current Police Pension Scheme
Yes - from age 55 or earlier if retiring earlier on ill-health grounds.
New Police Pension Scheme
Yes - from age 55 or earlier if retiring earlier on ill-health grounds.
How is my pension accumulated?
Current Police Pension Scheme
Dual accrual: 1/60th of final salary for each of the first 20 years' service, and 2/60ths for each of the final 10 year's service.
New Police Pension Scheme
Uniform accrual: 1/70th of final salary for each year of service.
What are the arrangements for ill-health retirement?
Current Police Pension Scheme
Pension payable immediately. Officers with 5 or more years' service receive enhanced pensions.
New Police Pension Scheme
Pensions and lump sum payable immediately. Enhanced pensions are only payable to officers who are incapable of any regular employment; others receive unenhanced pensions.
Can my partner get a pension when I die?
Current Police Pension Scheme
Only if he/she is married to you or is your civil partner. Pension stops if the partner remarries or cohabits.
New Police Pension Scheme
Pensions can be made paid to unmarried partners who are not civil partners if appropriate conditions are satisfied. Pension is payable for life.
Are pensions payable to children?
Current Police Pension Scheme
Only to your legitimate or adopted children, and not to children of a marriage, which took place after retirement, or to children adopted in retirement.
New Police Pension Scheme
To a natural child, stepchild or adopted child, or any other child who was dependent on you when you died (even if not related to you.)
Are partner and children's pensions increased for the first 13 weeks?
Current Police Pension Scheme
Yes.
New Police Pension Scheme
No.
What is the lump sum death grant if I die in service (providing you have not opted out)?
Current Police Pension Scheme
2 times pay
New Police Pension Scheme
3 times pay
Can I pay in more money to increase my pension?
Current Police Pension Scheme
Yes - you can buy 'added sixtieths' or contribute to the AVC scheme, subject to limits.
New Police Pension Scheme
Yes - you can buy 'added years' subject to limits, although there is no AVC scheme linked to new scheme.
Notes
- You automatically join the new scheme if you are appointed as a police officer on or after 5th April 2006. You can opt out if you wish, and you will be able to opt back in again. If you opt out a second time, you cannot rejoin.
- The present compulsory retirement age by rank (e.g. 55 for constables and sergeants) will apply to the new scheme initially but is under review. Any revision of compulsory retirement ages will apply to both old and new schemes.
- From 6th April 2006 any officer can pay into another pension scheme (such as a personal pension plan) as well as the police scheme.
