POLICE PENSIONS (AMENDMENT) (NO. 2) REGULATIONS 1997 (S.I. 1997/2852)
Memorandum by the Home
1. The Joint Committee has
requested a memorandum on the following point.
New regulation F11(7) (inserted
by regulation 3) defines "the material date" as the
date on which the police authority is asked to provide the calculation
of the restitution payment. Are the underlined words
intended to refer to the notice given under new regulation F11(2)?
If so, do those words refer to the date on which the notice is
given or the date on which the authority receives the notice?
2. The underlined words do
not refer to the notice given under new regulation F11(2). A
notice under regulation F11(2) is the mechanism by which a police
officer who has suffered actionable loss through membership of
a personal pension scheme is reinstated to police pension arrangements.
It is served on the police authority by the police officer.
By contrast, a request for calculation of the restitution payment
will normally be made by the personal pension provider and in
that event the request will be made in reliance on section 8A
of the Police Pensions Act 1976, as inserted by the Police and
Firemen's Pensions Act 1997 (c.52), and as read with the Police
Pensions (Provision of Information) Regulations 1997 (SI 1997/1912).
The request will usually have been made before the police officer
gives notice under regulation F11(2).
3. The definition of "material
date" is identical in all material respects to the definition
of the same expression in paragraph 5(b) of Schedule K2 to the
Local Government Pension Scheme Regulations 1995 (SI 1995/1019),
as inserted by the Local Government Pension Scheme (Provision
of Information, Administrative Expenses and Restitution) Regulations
1997 (SI 1997/954). The definition will therefore be interpreted
in the same way as the definition in those regulations. That
is to say, a police authority will be regarded as having been
asked to provide a calculation of a restitution payment when a
request for such a calculation is received by the police authority.
5th January 1998