Citation, commencement and extent

1.-(1) These Regulations may be cited as the Police Pensions and Police (Injury Benefit) (Amendment) Regulations 2015.

(2) These Regulations come into force on 18th January 2016, but regulations 2 to 6 have effect from 1st April 2015(5).

(3) These Regulations extend to England and Wales.

Amendments to the Police Pensions Regulations 1987

2.  The Police Pensions Regulations 1987(6) are amended as follows.

3.  In regulation C9, after paragraph (4) insert-

"(5) Paragraphs (1) to (3) do not apply where-

(a)the marriage, remarriage, formation of a civil partnership, or cohabitation begins on or after 1st April 2015; and

(b)immediately before the beginning of that marriage, remarriage, formation of a civil partnership, or cohabitation, the widow or surviving civil partner is entitled to a special pension under regulation 13 (including such a pension granted by way of an augmented award under regulation 14) of the Police (Injury Benefit) Regulations 2006(7).

(6) Subject to paragraph (7), paragraph (5) does not apply to a widow or surviving civil partner who, immediately before 1st April 2015-

(a)is not entitled to receive any payment on account of the pension by reason of paragraphs (1) to (3); and

(b)is not in receipt of any pension brought into payment under paragraph (4).

(7) Where a widow or surviving civil partner to whom paragraph (6) applies has their pension brought back into payment under paragraph (4) on or after 1st April 2015, paragraph (5) applies to them in relation to any future marriage, remarriage, formation of a civil partnership, or cohabitation.".

4.  In regulation C9A(8), after paragraph (4) insert-

"(5) Paragraphs (1) to (3) do not apply where-

(a)the marriage, remarriage, formation of a civil partnership, or cohabitation begins on or after 1st April 2015; and

(b)immediately before the beginning of that marriage, remarriage, formation of a civil partnership, or cohabitation, the widow or surviving civil partner is entitled to a special pension under regulation 13 (including such a pension granted by way of an augmented award under regulation 14) of the Police (Injury Benefit) Regulations 2006.

(6) Subject to paragraph (7), paragraph (5) does not apply to a widow or surviving civil partner who, immediately before 1st April 2015-

(a)is not entitled to receive any payment in respect of the gratuity by reason of paragraphs (1) to (3); and

(b)is not the subject of a decision by the police pension authority to pay any sums under paragraph (4).

(7) Where a widow or surviving civil partner to whom paragraph (6) applies is the subject of a decision by the police pension authority to pay any sums under paragraph (4) on or after 1st April 2015, paragraph (5) applies to them in relation to any future marriage, remarriage, formation of a civil partnership, or cohabitation.".

Amendments to the Police (Injury Benefit) Regulations 2006

5.  The Police (Injury Benefit) Regulations 2006 are amended as follows.

6.  In regulation 16-

(a)for paragraph (1), substitute-

"(1) Where a widow entitled to a special pension under regulation 13 (including such a pension granted by way of an augmented award under regulation 14) was widowed before 5th December 2005 or was widowed after that date but her husband had ceased to serve as a member of a police force before that date, and before 1st April 2015-

(a)remarries or has remarried,

(b)forms or has formed a civil partnership, or

(c)with a person to whom she is not married lives together as husband and wife,

she shall not be entitled to receive any payment on account of the pension in respect of any period after her marriage, or after the formation of her civil partnership, or after her cohabitation begins.";

(b)in paragraph (2), after "under regulation 14) and" insert "before 1st April 2015";

(c)in paragraph (3), after "under regulation 14) and" insert "before 1st April 2015";

(d)in paragraph (5), after "before that date, and" insert "before 1st April 2015";

(e)in paragraph (6), after "by that date and" insert "before 1st April 2015";

(f)in paragraph (7), after "or 14 and" insert "before 1st April 2015".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Police Pensions Regulations 1987 and the Police (Injury Benefit) Regulations 2006 to allow widows or surviving civil partners who are in receipt of pensions or gratuities under those Regulations to retain those pensions or gratuities in the event they marry, remarry, form a civil partnership or start to cohabit with someone else as husband or wife or as civil partners. This change only applies to widows or surviving civil partners who marry, remarry, form a civil partnership or start to cohabit after 1st April 2015 and who are in receipt of a special award under regulation 13 (including a pension by way of an augmented award under regulation 14) of the Police (Injury Benefit) Regulations 2006 at that time. This change will come into force retrospectively from 1st April 2015.

Regulation 16(1) of the Police (Injury Benefit) Regulations 2006 has been replaced in its entirety to correct a minor drafting error that was included in those Regulations when they were made in 2006, and to include an amendment to implement the change set out above.