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POLICE PENSIONS Police Pension Scheme [PPS] 1987

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1 POLICE PENSIONS Police Pension Scheme [PPS] 1987
New Police Pension Scheme [NPPS]2006 Police [Injury Benefit] Regulations [PIBR] 2006 New New Police Pension Scheme 2015.

2 P.P.S The Police Pension scheme is a final salary scheme. Officers who choose to contribute to it become entitled to a pension when they leave the Police. The pension might not be payable immediately, but it will generally be calculated by reference to 60ths of final pensionable pay. The number of 60ths of final pay which a retiring officer receives depends upon length of service. In general 1/60th is earned for each year of employment up to 20 years, and 2/60ths for each year after 20 years. After 30 years, therefore, the officer will have earned 40/60ths of final salary. This is the maximum pension payable under the Regulations. The pension calculated in this way is called the ordinary pension if the officer has more than 25 years’ service, or a deferred pension if the officer has between 2 and 25 years’ service.

3 Types of Pension An ordinary pension is awarded immediately on retirement after completion of at least 25 years’ pensionable service. If you have 25 years’ pensionable service, you may retire on an ordinary pension paid immediately on retirement if aged 50 or over. However, if you have 30 years’ pensionable service, you may retire with an immediate pension before age 50. A short service pension is payable immediately after completion of at least two but less than 25 years’ pensionable service if you retire at what would have been the compulsory retirement age for your rank before the new compulsory retirement ages were introduced on 1 October It is calculated in a similar way to an ordinary pension.

4 Deferred Pension You are entitled to a deferred pension if you have at least two years to count towards qualifying service, and you either: leave the police, or cease to be a member of PPS by opting out of it, without transferring your PPS rights to another pension scheme. The deferred pension will be a proportion of your hypothetical pension – i.e. the pension you would have earned by the age of compulsory retirement, subject to the limit of the maximum ordinary pension. A deferred pension is payable from age 60. It may be paid earlier if you become permanently disabled from performing the ordinary duties of a police officer. If you leave before the age of 50 with at least 25 years service, then your deferred pension will be paid from age 50.

5 Refund of Contributions
If you leave the police service with less than two years' qualifying service without entitlement to any other PPS award, you can have your pension contributions returned to you, less deduction of tax and a deduction to contract you back in to the State Second Pension (like any leaver with at least 3 months’ service you can, alternatively, ask for your PPS benefits to be transferred to another pension scheme If you leave the service with less than two years’ qualifying service, then unless you are permanently disabled as the result of an injury received in the execution of duty your pension award will thus be a lump sum equal to your pension contributions.

6 Ill-health Pension If you are found by the selected medical practitioner to be permanently disabled for the ordinary duties of a member of the police force, and there are no suitable alternative duties that you could undertake within the police force (taking account of both your disability and capabilities), the Chief Constable will decide whether to retire you on those grounds. If the Chief Constable decides to retire you, you will be entitled to an immediate ill-health pension and lump sum: • if you have at least two years' pensionable service and your retirement is on the grounds of permanent disablement, or • after any length of service if your retirement is on the grounds of permanent disablement resulting from an injury on duty. An ill-health pension is calculated in a similar way to an ordinary pension and is then normally enhanced to compensate for the lost opportunity of serving until normal retirement.

7 Commutation In PPS you can exchange (‘commute’) part of your pension permanently, in exchange for a lump sum. If you wish to commute, you must give notice to your force’s pensions administrator before your date of retirement or if your pension does not come into payment on retirement, before the pension comes into payment. You may commute up to a quarter of your pension if you receive: an ordinary pension after not less than 30 years' pensionable service or on compulsory retirement on account of age; a short service pension; an ill-health pension; or a deferred pension on coming into payment. In all other cases, you may commute an ordinary pension of at least 25 but less than 30 years' pensionable service to give a maximum lump sum of no more than 2 ¼ times your gross annual pension – i.e., before any reductions.

8 Survivor Benefits 1987 Adult survivors under the 1987 Police Pension Scheme include widows, widowers and civil partners but not cohabitees who were not married or in a civil partnership. Since 5 December 2005, same sex couples have been able to have their relationship legally recognised. The Civil Partnership Act allows same sex couples to make a formal, legal commitment to each other by forming a civil partnership. A couple in a civil partnership are treated in much the same way as a married couple.  A widow or widower is the person to whom an officer was legally married when he or she died. A surviving civil partner is the person with whom an officer had formed a civil partnership when he or she died. A former spouse or civil partner is not eligible to receive an adult survivor’s pension. The benefits available to widows and widowers including rights to ordinary, special, augmented and accrued pensions and the 13 week increase, are paid in the same way to civil partners, except that the entitlement only applies to service completed after 5 April 1988.  A pension for a widow, widower or surviving civil partner, normally of half of the officer’s pension entitlement, ceases on remarriage, the formation of a new civil partnership or cohabitation. A pension is not payable to a surviving cohabitee who was not married to nor in a civil partnership with the officer.

9 Survivor Benefits 1987 A widow is entitled to a pension based on all the deceased officer’s pensionable service if she was married to an officer before he ceased to be a regular police officer and was married to him when he died. A widow who married after the officer’s retirement will be entitled to a pension based on the officer’s service after 5 April 1978 only. If the officer joined after 1 April 1972, the widow will be entitled to a half-rate pension (i.e. half of the officer’s gross pension, before commutation). Otherwise, the widow's pension will depend on whether the officer opted to up-rate his pre-April 1972 service. This could have been done by paying a lump sum, paying additional pension contributions until the completion of 25 years' service; or by the officer taking a reduction in his own pension. For the first 13 weeks of widowhood, a widow's pension will be increased so that, together with any child allowances payable, it will equal the deceased officer’s pensionable pay (and rent or housing allowance, if any) for the week before he died (if he died in service) or the weekly amount of his pension (if he died while receiving a PPS pension).

10 Children's Pension Children's pensions will be payable to your legitimate or adopted children, but not to the children (including step-children) of a marriage which took place in retirement, nor to children adopted in retirement. The same awards are payable to your children regardless of whether you are a male or female officer. Whether your children meet the conditions for an award also depends on their age. If they are aged 16 or over, a pension is not payable unless they are in full-time education or training, or substantially dependent on you at the time of death. If you die after leaving PPS the children must have been substantially dependent on you both at the time your service ended and at your death. Any children’s pensions which become payable on or after 6 April 2006 will cease at age 23, unless the child is dependent on you by reason of disability at the date of your death.

11 N.P.P.S All new recruits to the police service from 6 April 2006 onwards became members of NPPS. The earliest date that a pension can be paid is at age 55. 35 years’ service is needed for a maximum pension. A maximum pension is an annual payment of half of final pay, plus an automatic tax-free lump sum of four times the annual pension. Final pay can take account of pay in up to 10 years prior to retirement, if this would give a bigger pension. Each year of pensionable service gives entitlement to a pension of 1/70 of final pay, up to a limit of 35/70.

12 Medical and ill-health Pension
Two levels of ill-health pensions. A standard ill-health pension, payable if you are disabled for the ordinary duties of a member of the police force. If you are entitled to a standard ill-health pension, you will receive immediate payment of the pension benefits which you have built up at the date of your ill-health retirement. In other words no enhancements. An enhanced top-up ill-health pension, payable in addition to a standard ill- health pension if you are disabled for any regular employment (meaning employment for an annual average of at least 30 hours per week). If you are entitled to an enhanced top-up ill-health pension, you will receive immediate payment of pension benefits as with a standard ill-health pension, but the top up has the effect that your pensionable service is enhanced by up to 50% of your prospective service to age 55. For example, if you are aged 35, the enhancement of service is up to 10 years.

13 Deferred pension You are entitled to a deferred pension if you are under 55 and have at least two years to count towards qualifying service, and you either: leave the police, or cease to be a member of NPPS by opting out of it, without transferring your NPPS rights to another pension scheme. If you leave the service or opt out of NPPS before age 55 then you can only be entitled to a deferred pension, regardless of how many years of pensionable service you have. Your deferred pension is payable from age 65. If you have left the police service you can choose to have your deferred pension paid earlier than age 65, but it will be reduced for early payment. The pension administrator can provide you with more information, but you should be aware that the reduction can be substantial. Your deferred pension will be paid early without actuarial reduction if you have left the police service and you are permanently disabled for all regular employment

14 Survivor Benefits 2006 Adult survivors can include spouses, civil partners and unmarried partners who are not civil partners. All adult survivor awards are payable for life, irrespective of whether the survivor remarries or forms a new partnership. An important feature of the scheme is the provision for the payment of a pension for life to a police officer’s partner, even if you are not married to each other or in a civil partnership. But you must satisfy a number of conditions and you and your partner must complete all the necessary documentation – otherwise no pension can be paid. A lump sum death grant of three times’ pay is payable and you have some freedom to nominate who should receive it. A pension for a spouse or civil partner is payable for life – these are normally half of the officer’s pension entitlement. Dependent children under the age of 23 may qualify for a pension.

15 Police Pension Scheme 2015 The 2015 Scheme is a Career Average Revalued Earnings (CARE) pension scheme. This means that for each year you are an Active Member you will earn a fraction of your Pensionable Earnings (1/55.3) for that year as earned pension and this will be revalued for each subsequent year until you retire. Earned pension will be added to your pension pot in each year of pensionable service under the 2015 Scheme, and will be revalued at the end of each year. Whether you work full-time or part-time your earned pension is built up in the same way. The 2015 Scheme is funded by the contributions from members and Police Pension Authorities (e.g. the Chief Constable).

16 Pension Benefits for Members
The Normal Pension Age (NPA) is 60. The Normal Minimum Pension Age (NMPA) is 55. You have the option to retire at any time after NMPA and to take immediate payment of your pension; if you decide to retire with immediate payment of your pension after NMPA and before NPA, your 2015 Scheme benefits will be actuarially reduced by reference to NPA. You may remain an Active Member of the 2015 Scheme as long as you wish(there is no maximum period of service). If you decide to continue in service beyond NPA there will be an actuarial uplift applied to your pension as it will be paid later than it would be in normal circumstances.

17 Survivor Benefits A pension will be paid to your spouse or civil partner for the rest of their life. A partner who is neither a spouse nor a civil partner may be entitled to payment of a pension for life, subject to having completed the required declaration. Eligible children under the age of 23 may qualify for a pension.

18 Ill Health retirement There are two levels of ill-health pension which may become payable under the 2015 Scheme. Lower Tier, payable if you are permanently medically unfit for the ordinary duties of a member of the police force but not permanently medically unfit for any regular employment. If you are compulsorily retired on these grounds, you will become entitled to immediate payment of a lower tier ill-health pension and will have the option to commute part of it for a lump sum. Your benefits will be calculated based on the amount of your accrued pension at the time of your ill-health retirement. There will be no reduction for early payment and no enhancement.

19 Ill Health Pension Enhanced Upper Tier, payable if you are permanently medically unfit for the ordinary duties of a member of the police force and also permanently medically unfit for any regular employment. If this is the case you will receive this pension in addition to the lower tier ill-health pension. The level of medical unfitness is determined by a Selected Medical Practitioner (SMP) and there are appeal rights against medical decisions. An ill-health pension will be increased in line with CPI for as long as it is paid.

20 Injury Awards PIBR 2006 If, as a result of an injury on duty, you are permanently disabled from performing the ordinary duties of a member of the police force, and you have left the service, you will receive an injury award under the Police (Injury Benefit) Regulations 2006. A gratuity and annual pension are payable and are based on length of service and the degree to which earning capacity has been affected, by the qualifying injury. An injury pension may be revised up or down after retirement if it can b e shown that there has been a ‘substantial change’ since retirement or the last review.

21 Disablement Gratuity Payable if within 12 months of so receiving the injury, becomes or became totally and permanently disabled [from all employment] as a result of that injury. The amount payable is the lesser of: five times the annual value of pensionable pay on the last day of service as a member of a police force; OR the sum of four times the total remuneration during the 12 months ending with the last day of service as a member of a police force and the amount of the aggregate pension contributions in respect of the relevant period of service.

22 Deductions from Injury Pension
Industrial Injuries Benefits under Sect 94 SSCB 1992: Disablement Benefits: Disablement Pension Increase for Constant Attendance Increase for Severe Disablement Unemployability Supplement Increase in Unemployability Supplement Disablement Gratuity Disablement Pension increase during hospital treatment

23 Deductions from Injury Pension
Reduced Earnings Allowance. Retirement allowance. Industrial Death Benefit. Incapacity Benefit until the first day after retirement which is not or is deemed not to be a day of incapacity for work. Severe Disablement Allowance and any increases.

24 Non relevant benefits Disability Living Allowance [being replaced by PIP] Mobility Allowance Carers Allowance Industrial Injuries payable for a different injury/condition other than the ‘qualifying duty injury’ or the relevant proportion of the industrial injuries benefit thereof. Incapacity Benefit once there has been a day deemed not to be a day of incapacity for work [benefit of the doubt principle].

25 Employment and Support Allowance
ESA is a direct replacement for Incapacity benefit so on first sight one would expect it to be deductible, however Incapacity Benefit is expressly detailed as a ‘relevant benefit’ under Schedule 3 of The Police [Injury Benefit] Regulations 2006; ESA however as it is a new DWP benefit was not so detailed when introduced. Some Forces deducted it others did not – all Forces eventually came into line and ceased deducting it and paid back monies owed. BUT

26 This change is subject of legal action by the Police Federation.
The Employment and Support Allowance (Consequential Amendment) (Police Injury Benefit) Regulations 2017 This is effective from 10th February 2017, but not retrospective. These Regulations amend the Police (Injury Benefit) Regulations 2006 to insert a reference to the employment and support allowance paid under sections 1(2)(a) or 1B of the Welfare Reform Act This means that the amount of injury benefit pension received by a person who is also entitled to employment and support allowance must be reduced by the amount of employment and support allowance to which they are entitled. This change is subject of legal action by the Police Federation.

27 State Pension Age If you joined the regular police between 1 July 1948 and 31 March 1980 your police pension will be reduced when you reach state pensionable age, by £1.70 a year for service prior to 1 April The reduction will be applied to your original pension before any increases are applied. If you joined the police on or after 1 April 1980 your police pension will not be reduced in this way. Members of PPS did not participate fully in the State Pension arrangements. Instead, PPS takes on the responsibility for paying part of the pension that would otherwise have been paid by the State and you paid a lower rate of National Insurance contributions. This is known as being 'contracted-out'. You will not receive any State Second Pension in respect of the time in which you were a member of PPS (the State Second Pension replaced the State Earnings Related Pension Scheme (SERPS) from 6 April 2002). Your police pension is guaranteed never to be smaller than the amount you have given up from the State. It will usually be very much greater.

28 Pension Increases Pensions in payment are increased annually in line with inflation [CPI]. These increases are paid to all pensioners aged 55 or over and ensure that the benefit maintains its original buying power. Deferred pensions are also increased to maintain their value up to the date they become payable. Inflation increases will also be paid: to you before you reach the age of 55 if you retired on grounds of ill-health or injury, or are totally disabled from any occupation and therefore unable to earn a living; and to your survivors who are in receipt of survivor benefits.

29 Injury Award Reviews An injury award is for life but, can be reviewed at a ‘suitable interval’. Can be revised up or down if it is shown that there has been a ‘substantial change’ since the last review. In recent years there have been many legal challenges to the review process and consequently an injury award cannot be reduced automatically because someone has reached a particular age. A review should be an assessment of an individuals own personal circumstances and a ‘blanket’ approach can not be taken to reduce an award.

30 Injury Award Reviews The review process currently is a bit of a ‘postcode lottery’ depending on which Force you served in. Some Forces never review, some rarely review and some review regularly. There has been a ‘hold’ on reviews whilst all the legal cases have been ongoing but it appears that some Forces are now recommencing reviews. Others will no doubt soon follow suit based on their experiences! If subject of a review seek some advice.

31 Widows Pension For Life
Northern Ireland all survivors of members of the RUC pension scheme now retain their pensions for life irrespective of the circumstances of the death of the former officer. As a result all survivors are entitled to have their pensions reinstated effective from 1 July 2014. England and Wales this change only applies to widows, widowers or surviving civil partners, who marry, remarry, form a civil partnership or start to cohabit on or after 1st April 2015 and only if officer dies as a result of an injury received on duty. Scotland the change applies to all those wives, husbands, or civil partners of police officers who died on duty who have already had their pension withdrawn because of remarriage, forming a civil partnership or cohabitation and consequently they will have their pension reinstated with effect from 1 October 2015, irrespective of the date of their remarriage, cohabitation or civil partnership.

32 NARPO WEBSITE The NARPO website at contains all this and more just visit our PENSIONS page and look at the sub pages: Police Pensions, Injury Pensions, Survivor Pensions and Case Law. Most of the answers to the queries you may get are contained on those pages – so have a look and familiarise yourself with the issues.

33 ANY QUESTIONS?

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