The Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019

Part 2 of these Regulations, which extends to England and Wales, make amendments to the Police Pensions Regulations 1987 (“the 1987 Regulations”), the Police (Injury Benefit) Regulations 2006 (“the 2006 Injury Benefit Regulations”), the Police Pensions Regulations 2006 (“the 2006 Pension Regulations”), the Police Pensions Regulations 2015 (“the 2015 Regulations”) and the Police Federation (England and Wales) Regulations 2017 (“the 2017 Regulations”).

Regulation 3 allows police officers who are members of the scheme constituted by the 1987 Regulations to make contributions to buy pensionable service in relation to any period of unpaid maternity support leave during the period from 3rd April 2011 to 1st September 2014. Regulation 8 makes equivalent provision in relation to police officers who are members of the scheme constituted by the 2006 Pension Regulations. Transitional provision is made by regulations 6 and 9 in this regard.

Those amendments have effect from 3rd April 2011.

The effect of the amendments made by regulations 4 and 5 is to bring the benefits under the scheme constituted by the 1987 Regulations payable to survivors of civil partnerships and same sex marriages, into line with the benefits payable to widows of different-sex marriages. Regulation 7 makes a corresponding amendment to the 2006 Injury Benefit Regulations. Women police officers who paid lower contributions in anticipation of lower survivor benefits are enabled to elect to pay additional contributions to be able to access these higher survivor benefits.

Regulations 5 and 7 have effect from the dates from which civil partnerships were introduced.

Section 1(5) of the Police Pensions Act 1976 enables these Regulations to make amendments in relation to the 1987 Regulations and the 2006 Pension Regulations from a date earlier than the date these Regulations are made.

Regulation 170 of the 2015 Regulations makes provision for the contributions payable by members of those schemes up to 31st March 2019. Regulation 10 provides for the contribution rates applicable in the scheme year ending on that date also to apply for the following year. Since this involves a change to a protected element of the scheme constituted by the 2015 Regulations, the Secretary of State has consulted representatives of those likely to be affected by the change with a view to reaching agreement and has laid a report before Parliament.

Regulation 11 amends regulation 9 of the 2017 Regulations, to identify how the numbers of members of the metropolitan police branch are to be calculated for the purposes of local branch council elections of the Police Federation for England and Wales.

Part 3 of these Regulations, which applies in England only, make amendments to the Firefighters’ Pension Scheme contained in Schedule 2 to the Firefighters’ Pension Scheme Order 1992 (“the 1992 Order”) and to the Firefighters’ Compensation Scheme contained in Schedule 1 to the Firefighters Compensation Scheme (England) Order 2006 (“the Compensation Order”). The effect of the amendments, apart from the amendment made by regulation 13, is to bring the benefits payable to survivors of civil partnerships and same sex marriages into line with the benefits payable to widows of different-sex marriages.

The amendments made by regulation 13 ensure that a firefighter is not disadvantaged by the provision which allows for two pensions to be awarded, calculated separately, after a significant reduction in pay, and make other minor updates.

The amendments apart from that made by regulation 13 have effect from the dates from which civil partnerships or same-sex marriages were introduced. The amendment made by regulation 13 has effect from the date Rule B5A was inserted into the 1992 Order. Section 12(1) of the Superannuation Act 1972, as applied by section 16(3) of that Act in relation to orders made under section 26 of the Fire Services Act 1947, permits such retrospective provision in relation to the 1992 Order. Section 34(3) of the Fire and Rescue Services Act 2004 permits retrospective provision in relation to the Compensation Order.