Law

The Police Pensions (Remediable Service) Regulations 2023

United Kingdom · regulation

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In force since 2024-02-09, as the publisher states.

Copy read on 2026-11-10. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 70 provisions

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70 provisions

40 Application of Section 2

This Section applies in respect of a deferred choice member (“M”) where no pension benefits have become payable in relation to M’s remediable service.

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41 Club transfers out on or after 1st October 2023

(1) This regulation applies in relation to a remediable club transfer value to be paid in respect of a member by the scheme manager on or after 1st October 2023. (2) The scheme manager must calculate the following amounts— (a) the club transfer value of M’s rights under a police pension scheme as if M’s remediable rights had been secured in M’s legacy scheme; (b) the club transfer value of M’s rights under a police pension scheme as if M’s remediable rights had been secured in the reformed scheme. (3) The amount of the remediable club transfer value is the greater of the amounts calculated under paragraph (2). (4) The scheme manager must provide to the receiving scheme the result of the calculations mentioned in paragraph (2).

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42 Club transfers in on or after 1st October 2023

(1) This regulation applies in relation to a remediable club transfer value payment which is accepted by the scheme manager on or after 1st October 2023. (2) The scheme manager must determine— (a) M’s overall rights in relation to the remediable club transfer value in the legacy scheme; (b) M’s benefits if the remediable club transfer value were applied in respect of rights in the reformed scheme.

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43 Variation of the club transfer application period

Regulation 189(2)(c) of the 2015 Regulations applies in relation to— (a) a remedy member who is not a full protection member within the meaning of paragraph 1 of Schedule 4 to those Regulations, and (b) a transfer payment request for a club transfer value payment in respect of such a member, as if for “P’s first day of eligible service” there were substituted “1st October 2023”.

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43A Non-club transfers in

(1) This regulation applies in relation to a remedy member (“M”) to whom— (a) regulation F6 of the 1987 Regulations (previous service reckonable under current interchange arrangements) would have applied, had M been a member of the 1987 Scheme during the remedy period, or (b) regulation 15 of the 2006 Regulations (service reckonable by reason of transfer value) would have applied, had M been a member of the 2006 Scheme during the remedy period. (2) A scheme manager may decide to accept, in respect of M’s former service, a transfer value in accordance with, as the case may be— (a) regulation F6 of the 1987 Regulations, or (b) regulation 15 of the 2006 Regulations. (3) A decision under paragraph (2) may only be made— (a) if the scheme manager is satisfied that it is more likely than not that, but for a relevant breach of the non-discrimination rule, the same or a similar decision would, during the period of M’s remediable police service, have been made by the scheme manager, (b) before— (i) the end of the period of one year beginning with the day on which a remediable service statement is first provided in respect of M, or (ii) such later time as the scheme manager considers reasonable in all the circumstances, and (c) after an application in accordance with paragraph (4) is approved by the scheme manager. (4) An application is made in accordance with this paragraph where— (a) it is in writing in a form and manner determined by the scheme manager, (b) it is accompanied by any information the scheme manager reasonably requires to be provided for the purposes of— (i) making a decision under paragraph (2); (ii) determining the matters mentioned in paragraph (3)(a), and (c) it is received by the scheme manager— (i) before the end of the period of six months beginning with the later of— (aa) the day on which a remediable service statement is first provided in respect of M; (bb) the day on which this regulation comes into force, or (ii) such later time as the scheme manager considers reasonable in all the circumstances.

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44 Application and interpretation of Chapter 4

(1) This regulation applies in relation to a remediable value. (2) In this Chapter, “remediable value” means the following accepted by the scheme manager in respect of a member (“M”)— (a) a remediable transfer value, together with any payment accepted under regulation 34(3); (b) a remediable club transfer value, together with any payment accepted under regulation 39(2).

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45 Remediable value treated as being in the legacy scheme

(1) This regulation applies where— (a) a remediable value was accepted into the reformed scheme by the scheme manager in respect of M during the period of M’s remediable police service, and (b) the benefits payable in relation to M’s remediable police service are, by virtue of the operation of these Regulations or PSPJOA 2022, legacy scheme benefits. (2) The remediable value— (a) is not, and is treated as never having been, accepted into the reformed scheme, and (b) is treated as being, and as always having been, accepted in M’s legacy scheme. (3) Paragraph (1) has effect— (a) for the purposes of determining which police pension scheme is (or at any time was) required to pay benefits to or in respect of the remediable value, and (b) subject to regulation 46, for all other purposes.

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46 Treatment of rights to benefits secured by virtue of a remediable value

(1) Paragraphs (2) and (4) apply where a remediable value is treated as being accepted into M’s legacy scheme by virtue of regulation 45. (2) The scheme manager must confer rights to benefits under the legacy scheme in relation to the remediable value that are equivalent to— (a) where M’s legacy scheme would have permitted the transfer in of the entire remediable value had the transfer taken place immediately before 1st April 2022, the rights to legacy scheme benefits that would have been secured if the remediable value had been transferred into that scheme in the same relevant pension year in which the remediable value was accepted; (b) otherwise— (i) where M has relevant reformed scheme service (within the meaning of regulation 31(2)(b)(i)), the rights to legacy scheme benefits that would have been secured if that portion of the remediable value that the legacy scheme would have permitted to be transferred in were transferred into that scheme in the same relevant pension year in which the remediable value was accepted, together with the rights to reformed scheme benefits if the remaining portion of the remediable value had been transferred into the reformed scheme in the same relevant pension year in which the remediable value was accepted; (ii) where M does not have relevant reformed scheme service, the rights to legacy scheme benefits that would have been secured if that portion of the remediable value that the legacy scheme would have permitted to be transferred in were transferred into that scheme in the same relevant pension year in which the remediable value was accepted. (3) Where paragraph (2)(b)(ii) applies, the scheme manager owes to M or, where M is deceased, to M’s personal representatives an amount by way of compensation equal to the value of rights to reformed scheme benefits that would have been secured if the portion of the remediable value that M’s legacy scheme would not have permitted to be transferred in had been transferred into the reformed scheme. (4) The rights to benefits that would otherwise have been secured by the remediable value are extinguished. (5) Paragraph (6) applies where— (a) the benefits payable to or in respect of M’s remediable police service are reformed scheme benefits by virtue of a section 6 election or a section 10 election (including, in either case, a deemed election), and (b) the rights to benefits payable in relation to M’s remediable value would otherwise be legacy scheme benefits. (6) Where this paragraph applies, the scheme manager must, having consulted the scheme actuary where the remediable value is a remediable transfer value, vary the value of those rights so that they are of an equivalent value to rights M would have secured under the reformed scheme if the remediable value had been transferred into that scheme in the same relevant pension year that the remediable value was accepted. (7) In this regulation, “relevant pension year” has the meaning given by direction 5(16)(c)(i) of the PSP Directions 2022.

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47 Benefits already paid in relation to transferred in remediable rights

(1) Paragraph (2) applies in relation to any benefits (“the paid benefits”) that the reformed scheme has at any time paid to a person (“P”) so far as— (a) they are calculated by reference to a remediable value, and (b) they are benefits that, as a result of regulation 45(2)(a), P was not entitled to receive from the scheme. (2) The paid benefits are to be treated for all purposes— (a) as not having been paid to P by the reformed scheme, but (b) as having been paid to P instead by the legacy scheme.

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48 Pension benefits and lump sum benefits in relation to a remediable value

(1) This regulation applies in relation to any benefits that have been in relation to a remediable value accepted in relation to an immediate choice member. (2) Where, at the operative time— (a) the aggregate of benefits that (after taking into account the effect, if any, of regulation 47) have been paid under the legacy scheme to any person (“the beneficiary”) in respect of M’s transferred in remediable rights, exceeds (b) the aggregate of the benefits to which (after taking into account the effect, if any, of regulation 45 in relation to the rights) the beneficiary is entitled under the scheme in respect of the rights, the beneficiary must pay an amount equal to the difference to the scheme. (3) Where, at the operative time— (a) the amount mentioned in paragraph (2)(a), is less than (b) the amount mentioned in paragraph (2)(b), the scheme manager must pay an amount equal to the difference to the beneficiary. (4) In this regulation, “the operative time” means— (a) if an immediate choice decision is made in relation to M’s remediable police service, the time the decision is made; (b) otherwise, the end of the section 6 election period in relation to M.

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49 Application and interpretation of Chapter 1

(1) This Chapter applies in relation to an immediate choice member (“M”) who, during the period beginning on 1st April 2015 and ending on 31st March 2022, became entitled to— (a) an ill-health award under regulation B3 of the 1987 Regulations; (b) an ill-health pension under regulation 29 of the 2006 Regulations; (c) an ill-health pension under regulation 102 of the 2015 Regulations. (2) In this Chapter— “1987 IHR member” means a member described in paragraph (1)(a); “2006 IHR member” means a member described in paragraph (1)(b); “2015 IHR member” means a member described in paragraph (1)(c); “alternative scheme” means, in relation to— a 1987 IHR member or a 2006 IHR member, the reformed scheme; a 2015 IHR member, the member’s legacy scheme; “ill-health benefits” means benefits payable by virtue of an entitlement mentioned in paragraph (1); “police pension authority” has the meaning given in regulation 73 of the 2015 Regulations; “remediable ill-health benefits” means ill-health benefits payable in relation to M’s remediable police service; “selected medical practitioner” means a duly qualified medical practitioner appointed by the police pension authority.

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50 M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative scheme

(1) For the purposes of PSPJOA 2022 and these Regulations, M is to be treated as meeting the requirements for an equivalent ill-health award in M’s alternative scheme. (2) No question relating to M’s entitlement to ill-health benefits that has been decided following referral to a selected medical practitioner is to be re-opened by virtue of any provision of PSPJOA 2022 or of these Regulations. (3) In this regulation— “equivalent ill-health award in M’s alternative scheme” means— where M is entitled to an ill-health award under regulation B3 of the 1987 Regulations, a lower tier award under the reformed scheme; where M is entitled to— a lower tier award under the 2006 scheme, a lower tier award under the reformed scheme; an upper tier award under the 2006 scheme, an upper tier award under the reformed scheme; where M is entitled to— a lower tier award under the reformed scheme, and— M’s legacy scheme is the 1987 scheme, an award under regulation B3 of the 1987 Regulations; M’s legacy scheme is the 2006 scheme, a lower tier award under that scheme; an upper tier award under the reformed scheme and M’s legacy scheme is the 2006 scheme, an upper tier award under that scheme; “lower tier award” means, in relation to— the 2006 scheme, an award determined in accordance with regulation 29(3) of the 2006 Regulations; the reformed scheme, an ill-health pension payable under regulation 102(3)(a) of the 2015 Regulations; “upper tier award” means, in relation to— the 2006 scheme, an award determined in accordance with regulation 29(4) of the 2006 Regulations; the reformed scheme, an ill-health pension payable under regulation 102(3)(b) of the 2015 Regulations.

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51 Deciding whether a 1987 IHR member is entitled to an upper tier award

(1) This regulation applies where— (a) M is a 1987 IHR member, and (b) the question of whether M is permanently medically unfit for engaging in any regular employment within the meaning of Part 6 of the 2015 Regulations has not been referred to a selected medical practitioner. (2) The police pension authority must refer the following questions to a selected medical practitioner— (a) whether M was, at time of the original decision or at any time during the relevant period, medically unfit for engaging in any regular employment, and (b) whether that medical unfitness was likely to be permanent. (3) The selected medical practitioner must— (a) examine or interview M if the selected medical practitioner thinks it is necessary to do so to decide either of the questions referred under paragraph (2), (b) decide the questions referred under paragraph (2), and (c) give the police pension authority and M a report containing a decision on those questions. (4) Regulation 81(3) of, and Schedule 1 to, the 2015 Regulations applies to the report mentioned in paragraph (3)(c) as they apply in relation to the report mentioned in regulation 81(2)(c) of those Regulations. (5) For the purpose of deciding the questions in paragraph (2)— (a) the selected medical practitioner may only have regard to information that was available or could have been produced during the relevant period; (b) the following provisions of the 2015 Regulations apply as they apply for the purpose of deciding a question under Part 6 of those Regulations— (i) regulation 75(2) to (4) (receipt of appropriate medical treatment); (ii) regulation 76(3)(c) and (d) (criteria for deciding whether a member is permanently medically unfit for engaging in any regular employment). (6) Where the selected medical practitioner decides both of the questions referred under paragraph (2) in the affirmative, M is to be treated for the purposes of PSPJOA 2022 and of these Regulations as meeting the requirements for an upper tier award in the reformed scheme (as defined in regulation 50(3) of these Regulations). (7) Schedule 1 of the 2015 Regulations applies in relation to a report containing a decision of the selected medical practitioner in accordance with this regulation as it applies in relation to a report by the selected practitioner containing a medical decision in accordance with those Regulations. (8) In this regulation— “medical unfitness” has the meaning given in regulation 74(1) of the 2015 Regulations; “original decision” means the decision under Part H of the 1987 Regulations by virtue of which M was deemed permanently disabled; “progressive medical condition” means a medical condition which— of its nature, could have been expected, as at the time of M’s retirement, to affect M with increasing severity, and is a progressive medical condition within the meaning given by regulation 112(6) of the 2015 Regulations. “relevant period” means the period— beginning with the time of the original decision, and ending on the earlier of— except where the original decision attributed M’s permanent disablement a progressive medical condition, five years after the time of the original decision; the beginning of the day on which M reaches 60 years of age; the time when an immediate choice decision or a deferred choice decision is made, or deemed to be made, in relation to M’s remediable police service.

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52 Determining the value of M’s remediable ill-health benefits

The scheme manager must, as soon as reasonably practicable after 1st October 2023 ..., determine the value of M’s remediable ill-health benefits as if they had been secured in M’s alternative scheme.

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53 Protection of the amount of pension payable to an eligible child

(1) This regulation applies where— (a) immediately before 1st October 2023, benefits are in payment to an eligible child (“E”) in respect of the remediable police service of a deceased member, (b) there is a surviving adult (“S”) in relation to the deceased member, (c) S does not have parental responsibility for E, and (d) S makes an immediate choice decision which would (disregarding this regulation) result in a decrease in the amount of benefits payable to E in relation to M’s remediable police service. (2) Where this regulation applies— (a) E does not owe the scheme manager a liability under section 14(3) in respect of benefits received in relation to M’s remediable police service, and (b) the amount of benefits payable continues to be the amount that was payable before the election was made.

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54 Payment of annual allowance tax charges and provision of information

Where a remedy member is unable to give an effective notice to the scheme administrator under section 237B(3) of FA 2004 in relation to an in-scope tax year (within the meaning of direction 7(7) of the PSP Directions 2022) because the time limit in section 237BA has passed, direction 7(2) to (6) of the PSP Directions 2022 applies in relation to the remedy member.

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55 Elections for non-pensionable payment instead of temporary pay

(1) This regulation applies in relation to a remedy member (“M”) who— (a) in accordance with a determination made under regulation 27 of the Police Regulations 2003, made an election (an “NPP election”) to receive a non-pensionable payment instead of any temporary increase in pay in respect of their remediable police service to which M would otherwise have been entitled in accordance with a determination under that regulation, or (b) was entitled to make an NPP election, but did not. (2) Where— (a) an NPP election was made, the relevant decision-maker may elect for M’s remediable police service to be treated as if no NPP election was made (and never had been made) in relation to that service; (b) no NPP election was made, the relevant decision-maker may elect for M’s remediable police service to be treated as if an NPP election was made (and always had been made) in relation to that service. (3) An election under paragraph (2) has effect for the purposes of determining— (a) the value of rights to benefits that M secured by virtue of M’s pension contributions, (b) the amount of any pension benefits or lump sum benefits that are (or at any time were) payable under a police pension scheme to or in respect of M, and (c) the amount of pension contributions that were payable under a police pension scheme in relation to M’s remediable police service. (4) Where M is— (a) an immediate choice member, an election under paragraph (2) may only be made— (i) in the same form and manner, and at the same time, as any immediate choice decision in relation to M’s remediable service, and (ii) where the immediate choice decision is that the benefits payable in relation to M’s remediable police service are the benefits under M’s alternative scheme; (b) a deferred choice member, an election under paragraph (2) may only be made— (i) in a form and manner determined by the scheme manager, and (ii) before the end of the period of three months beginning with the day on which a remediable service statement is provided under regulation 4(2)(a) or (c) in relation to M’s remediable police service. (5) Where an election is made under paragraph (2)— (a) the scheme manager must ..., vary the value of M’s remediable rights under the legacy scheme so that they are equivalent to the value of rights that would have been secured by M’s pension contributions taking into account paragraph (3)(a); (b) where M is an immediate choice member— (i) section 14(3) to (6) of PSPJOA 2022 applies in relation to M taking into account paragraph (3)(b), and (ii) section 15(3) and (4) of PSPJOA 2022 applies in relation to M taking into account paragraph (3)(c); (c) where M is a deferred choice member, section 16(3) and (4) of PSPJOA 2022 applies in relation to M— (i) taking into account paragraph (3)(c), and (ii) as if the references to the coming into force of section 2(1) included references to the time when the election under paragraph (2) was made. (6) An election under paragraph (2) is irrevocable. (7) In this regulation— “M’s alternative scheme” means, where M was at the time of making the NPP election in pensionable service under— the legacy scheme, the reformed scheme; the reformed scheme, the legacy scheme; “relevant decision-maker” means— where M is an immediate choice member, the immediate choice decision-maker in relation to M; where M is a deferred choice member, the deferred choice-decision maker in relation to M; “remediable rights” means rights secured by virtue of pension contributions paid in relation to M’s remediable police service.

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56 Treatment of immediate detriment cases

(1) This regulation applies in relation to a person’s (“A’s”) remediable police service where an immediate detriment remedy has been obtained in relation to that service by virtue of either of the conditions in section 32(2) and (3) (the “relevant condition”) of PSPJOA 2022 having been met. (2) These Regulations and sections 2 to 30 of PSPJOA 2022 apply in relation to A’s remediable police service as they apply in relation to an immediate choice member in respect of whose remediable police service an immediate choice decision has been made that no section 6 election is to be made. (3) Any amount paid by way of benefits or compensation pursuant to the agreement or (as the case may be) determination by virtue of which the relevant condition has been met is to be treated for the purposes of section 14 of PSPJOA as— (a) a lump sum benefit, if the amount was paid by way of a lump sum; (b) a pension benefit, if the amount was paid otherwise than by way of a lump sum.

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57 Application of Chapters 1, 2 and 3

Chapters 1, 2 and 3 apply in relation to a relevant amount owed in respect of the remediable police service of a remedy member.

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58 Interest

(1) The scheme manager must calculate interest on a relevant amount described in direction 15 of the PSP Directions 2022 in accordance with the provisions of directions 14 and 15 which apply to that description of relevant amount. (2) In relation to a relevant amount not described in direction 15 of the PSP Directions 2022, the scheme manager must determine whether interest is paid and, if so, what rate of interest applies and how it is calculated. (3) The following provisions of the PSP Directions 2022 apply in relation to a determination under paragraph (2) as if it were a determination under direction 16(1) of those Directions— (a) direction 16(2) (provision of explanation); (b) direction 16(3) and (4) (appeals).

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59 Indirect compensation

(1) This regulation applies where, pursuant to an application under regulation 60, the scheme manager determines that an immediate choice member (“M”) has incurred a compensatable loss that is a Part 4 tax loss (a “relevant loss”). (2) M is not to be paid an amount under section 23 of PSPJOA 2022 by way of compensation in respect of the relevant loss. (3) Instead, the amount of benefit payable under a police pension scheme is to be increased to reflect the amount of the relevant loss in such manner as determined by the scheme manager in accordance with direction 10(2) to (4) of the PSP Directions 2022.

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60 Applications for compensation or indirect compensation

(1) This regulation applies in relation to— (a) the payment of a relevant amount by way of compensation under section 23(1) of PSPJOA 2022; (b) the increase of benefits by way of indirect compensation under regulation 59. (2) The relevant amount is not payable, or (as the case may be) the benefits are not to be increased, except where— (a) an application is made in accordance with direction 18(1) and (2) of the PSP Directions 2022, (b) the application is accompanied by such information that the scheme manager by written notice requires the person making the application (“P”) to provide in relation to the proposed compensation which is— (i) information within P’s possession, or (ii) information which P may reasonably be expected to obtain, and (c) the scheme manager makes a determination in accordance with direction 18(3) of those Directions. (3) The following apply in relation to a determination in accordance with direction 18(3) of the PSP Directions 2022— (a) direction 18(4) (provision of explanation); (b) direction 18(5) and (6) (appeals).

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61 Netting off

(1) This regulation applies where— (a) relevant amounts owed by and to a person (“P”) fall to be paid at the same time or similar times, and (b) the scheme manager has— (i) determined the interest (if any) that is to be paid in the relevant amounts in accordance with regulation 58, and (ii) reduced the relevant amounts by tax relief amounts in accordance with regulation 62. (2) The scheme manager may determine, in accordance with direction 19(2) to (5) of the PSP Directions 2022, that the relevant amounts (and any interest on them) must be aggregated and that the difference must be paid by P to the scheme or (as the case may be) by the scheme to P. (3) The following provisions of the PSP Directions 2022 apply to a determination under paragraph (2) as if it were a determination under direction 19(1) of those Directions— (a) direction 19(6) (provision of explanation); (b) direction 19(7) and (8) (appeals).

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62 Requirement to reduce liabilities by tax relief amounts

(1) This regulation applies where, under section 15, 16 or 17 of PSPJOA 2022— (a) a person owes a liability to pay pension contributions in relation to the remediable police service of a remedy member, or (b) the scheme manager owes a liability to pay compensation in relation to such service. (2) The scheme manager must reduce the liability by tax relief amounts— (a) determined in accordance with direction 4(5) to (9) of the PSP Directions 2022, and (b) before the liability is netted off in accordance with regulation 61. (3) The following provisions of the PSP Directions 2022 apply where the scheme manager makes a determination in accordance with direction 4(8)— (a) direction 4(10) (provision of explanation); (b) direction 4(11) and (12) (appeals).

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63 Power to reduce or waive amounts owed by a person to the scheme manager

(1) The scheme manager may reduce or waive an amount owed by a person to the scheme under— (a) section 14, 15, 16 or 17 (“the corrections provisions”) of PSPJOA 2022, or (b) these Regulations. (2) When reducing or waiving an amount under paragraph (1), the scheme manager must comply with the requirements set out in direction 4(1)(a) to (c) of the PSP Directions 2022 (and the reference in direction 4(1)(c) to “any scheme regulations made by virtue of section 26(1)(b) of PSPJOA 2022” is to be read as a reference to regulation 66).

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64 Agreement to waive a liability owed by the scheme manager in respect of an immediate correction

(1) This regulation applies where the scheme manager owes a liability to pay compensation to a person (“P”) under section 16(3) of PSPJOA 2022. (2) The scheme manager and P may agree to waive the liability. (3) Such agreement— (a) must be in writing, (b) may be rescinded with the agreement of the scheme manager and P, and (c) in any event ceases to apply where— (i) the end of the section 10 election period in relation to the remediable police service in respect of which compensation is payable has passed, and (ii) no section 10 election has been made (or deemed to have been made) in relation to that service. (4) Where an agreement is rescinded or otherwise ceases to apply, the scheme manager owes P the liability mentioned in paragraph (1).

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65 Application of Chapter 4

This Chapter applies in respect of a relevant amount (together with any interest on that amount) which will be payable after taking into account the effect, if any, of regulations 58 to 64 (a “net liability”).

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66 Payment of amounts owed to the scheme manager

(1) This regulation applies where a person (“P”) has a net liability to the scheme manager within the meaning of regulation 65. (2) The scheme manager must send notice in writing to P setting out— (a) how the net liability has been calculated, (b) an explanation of the circumstances in which the net liability may be reduced or waived under regulation 63, (c) where the net liability has been calculated by reference to an amount by way of compensation under section 16(3) of PSPJOA 2022, an explanation of the agreement that may be made under regulation 64, (d) when and how the net liability must be paid, and (e) the consequences of not paying the net liability. (3) Where— (a) the scheme manager has sent a notice under paragraph (2), and (b) the amount of the net liability is subsequently adjusted, the scheme manager must send another notice in writing to P under paragraph (2). (4) P must pay the amount of the net liability to the scheme manager— (a) where the net liability relates to the remediable police service of— (i) an immediate choice member, before the end of the period of six months beginning with the day after the day on which P receives the most recent notice under paragraph (2); (ii) a deferred choice member, in accordance with paragraph (5), (b) where the net liability includes an amount by way of corrections to pension contributions that are owed by virtue of an opted-out service election, in accordance with an agreement under paragraph (6), or (c) in accordance with an agreement under paragraph (8). (5) Where paragraph (4)(a)(ii) applies, P must pay the full amount of the net liability— (a) before the end of the period of three months beginning with the day on which any remediable service statement is provided under regulation 4(2)(a) or (b) in relation to the remediable police service in respect of which the net liability is owed, (b) where paragraph (4)(b) also applies, in accordance with an agreement under paragraph (6), or (c) in any event, before benefits become payable in relation to the remediable police service in respect of which the net liability is owed. (6) Where paragraph (4)(b) applies, P and the scheme manager may agree that the net liability is to be paid in full by way of instalments over the period— (a) beginning on a date specified in the agreement (“the start date”), and (b) ending on the earlier of— (i) the day 14 years after the start date; (ii) the day before it is reasonably expected that, if a section 10 election were made in relation to the remediable police service to which the net liability relates, reformed scheme benefits would become payable to or in respect of that member. (7) The amount of each instalment to be paid in accordance with an agreement under paragraph (6) is to be determined having consulted the scheme actuary. (8) P and the scheme manager may agree that the net liability is to be paid in part or in full by way of deductions from any benefits (including a lump sum benefit) to which P is entitled under a police pension scheme. (9) P and the scheme manager may agree to vary an agreement under paragraph (6) or (8). (10) Where P does not pay any part of a net liability by the time specified in paragraph (4)(a)(i) or (5)(c), or in accordance with an agreement under paragraph (6) or (8), the scheme manager may deduct such sums from benefits payable to P under a police pension scheme as seem reasonable to the scheme manager for the purpose of discharging P’s liability. (11) P has no liability to pay any amount on account of the net liability until the time for payment arises in accordance with this regulation or an agreement under this regulation, and until that time the scheme manager has no cause of action for the recovery of any such amount (whether for the purposes of the Limitation Act 1980 or otherwise).

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67 Payment of amounts owed to a person

(1) This regulation applies where the scheme manager owes a net liability to a person (“P”). (2) The scheme manager must pay the amount of the net liability to P— (a) as soon as reasonably practicable after the scheme manager determines the amount of the net liability, or (b) where the scheme manager requires P to provide information in accordance with paragraph (3), as soon as reasonably practicable after receipt of that information. (3) Before paying the amount of a net liability owed to P, the scheme manager may, by written notice given as soon as reasonably practicable after the scheme manager determines the amount of the net liability, require P to provide information in relation to the payment of the net liability which is— (a) information within P’s possession, or (b) information which P may reasonably be expected to obtain.

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Schedule Eligible decision-makers for deceased members

Regulations 4(3), 6(2), 8 (2) and 12 (2) Interpretation 1 (1) In this Schedule— “beneficiary” means a person who has become entitled to receive any death benefit; “child”, except in the term “eligible child”, means a person under the age of 18; “death benefit” means a benefit payable under a police pension scheme in relation to a member of that scheme who has died; “election” means an opted-out service election, an immediate choice decision or a deferred choice decision; “eligible decision-maker” means the person who may make— an opted-out service election in accordance with regulation 6(2)(b); an immediate choice decision in accordance with regulation 8(2)(b); a deferred choice decision in accordance with regulation 12(2)(b);. “surviving adult” has the meaning given in regulation 134 of the 2015 Regulations. (2) In this Schedule, a reference to— (a) a beneficiary is a reference to— (i) a beneficiary of death benefits in relation to M’s remediable police service; (ii) where the benefits in relation to M’s remediable police service are legacy scheme benefits, a person who would be a beneficiary of death benefits in relation to M’s remediable police service if the benefits in relation to that service were reformed scheme benefits; (b) an eligible child is a reference to an eligible child of M; (c) M is a reference to the remedy member in respect of whose remediable police service an election may be made; (d) a surviving adult is a reference to a surviving adult in relation to M. Sole beneficiary: an adult 2 Where a person is— (a) the sole beneficiary, and (b) an adult, the eligible decision-maker is that person. Sole beneficiary: a child 3 Where a person (“C”) is— (a) the sole beneficiary, and (b) a child, the eligible decision-maker is C’s parent or guardian. Sole beneficiary: a body 4 Where a body (whether corporate or unincorporate) is the sole beneficiary, the eligible decision-maker is— (a) M’s personal representative, or (b) where M has no personal representative, the scheme manager. Sole beneficiary: M’s estate 5 Where M’s estate is the sole beneficiary, the eligible decision-maker is M’s personal representative. Multiple beneficiaries: including a surviving adult 6 Where— (a) two or more adults are the only beneficiaries, and (b) one of those adults is a surviving adult (“A”), the eligible decision-maker is A. Multiple beneficiaries: including adult eligible children 7 (1) Where— (a) two or more adults are the only beneficiaries, (b) none of those adults is a surviving adult, and (c) two or more of those adults are eligible children, the eligible decision-maker is determined in accordance with sub-paragraph (2). (2) The eligible decision-maker is— (a) the person agreed upon by the adult eligible children, or (b) where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager. Multiple beneficiaries: nominated individuals only 8 (1) Where— (a) two or more adults (the “nominated adults”) are beneficiaries of a lump sum death benefit, and (b) none of the following are beneficiaries— (i) a surviving adult, or (ii) an eligible child (whether or not an adult), the eligible decision-maker is determined in accordance with sub-paragraph (2). (2) The eligible decision-maker is— (a) M’s personal representative; (b) where M has no personal representative, the person agreed upon by the nominated adults; (c) where— (i) M has no personal representative, and (ii) no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager. Multiple beneficiaries: non-adult eligible children 9 Where the only beneficiaries are children, two or more of which are eligible children, the eligible decision-maker is— (a) where one person has parental responsibility for all the eligible children, that person; (b) otherwise— (i) M’s personal representative, or (ii) where M has no personal representative, the scheme manager. Multiple beneficiaries: nominated children only 10 Where the only beneficiaries of lump sum death benefits are two or more children who are not eligible children, the eligible decision-maker is— (a) where one person has parental responsibility for all the children, that person; (b) otherwise— (i) M’s personal representative, or (ii) where M has no personal representative, the scheme manager. Multiple beneficiaries: one or more adults and one or more children 11 (1) Where the beneficiaries include one or more adults and one or more children— (a) M’s personal representative is the eligible decision-maker; (b) where M has no personal representative, and— (i) one of the beneficiaries is a surviving adult, that surviving adult is the eligible decision-maker; (ii) none of the beneficiaries is a surviving adult and— (aa) one or more of the beneficiaries is an eligible child, or (bb) none of the beneficiaries is an eligible child, the eligible decision-maker is determined in accordance with sub-paragraph (2). (2) Where sub-paragraph (1)(b)(ii) applies, and— (a) all relevant children are under 18 and— (i) have the same guardian, the eligible-decision maker is that guardian; (ii) do not have the same guardian, the eligible decision-maker is the scheme manager; (b) all relevant children are 18 or over, the eligible decision-maker is— (i) the person agreed upon by those relevant children, or (ii) where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager; (c) one or more relevant children are under 18 and one or more of the relevant children are 18 or over, the eligible decision-maker is the person agreed upon by— (i) the relevant children who are 18 or over, and (ii) the guardian (or guardians) of the relevant children who are under 18. (3) In sub-paragraph (2), a relevant child is— (a) where sub-paragraph (1)(b)(ii)(aa) applies, an eligible child; (b) where sub-paragraph (1)(b)(ii)(bb) applies, a person who meets one of the conditions in regulation 144(3) of the 2015 Regulations. Other cases 12 In any case not covered by paragraphs 2 to 11, the eligible decision-maker is the scheme manager.

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