Unlawful advice to forces - 30+ Scheme

National Policing Improvement Agency did not have the information requested.

Dear National Policing Improvement Agency,

Your publication "30+ Police Retention Scheme - Administrative Best Practice Guidelines for Forces", published at:
http://www.npia.police.uk/en/9735.htm
... contains the statement (at paragraph 2.12):
"The power to terminate a 30+ appointment is derived from Regulation A19 of the Police Pensions Regulations" (PPR).

This is incorrect. It is NOT possible to invoke Regulation A19 in respect of any officer on the 30+ scheme, as Regulation A19(1) of the PPR clearly states: "This Regulation shall apply to a regular policeman, other than a chief officer of police, deputy chief constable or assistant chief constable, who if required to retire would be entitled to receive a pension of an amount not less than 2 thirds of his average pensionable pay or would be entitled to receive a pension of such an amount if it did not fall to be reduced in accordance with Part VIII of Schedule B".

An officer serving on the 30+ scheme has already retired, and is ALREADY in receipt of a PPR pension. The use of the phrase "... would be entitled to receive...", and not "... would CONTINUE TO be entitled to receive..." and Reg.19 clearly CANNOT apply to terminate such an officer's appointment under the 30+ scheme as a Crown servant in the office of Constable. The officer has no "entitlement" to receive such a pension because he/she is already in receipt of such a pension, albeit abated due to their earnings under the 30+ scheme. Part VIII of Schedule B can be disregarded in this context.

My request is for the papers or documents that you relied upon to arrive at this advice.

Yours faithfully,

William Old

NPIA FOI Team,

Dear Mr Old,

Thank you for your recent request for information, about 30+ Police Retention Scheme, dated 12th May 2011. Your request was received on 12th May 2011 and I am dealing with it under the terms of the Freedom of Information Act 2000.

We have logged your request which is receiving our attention. Your request reference number is FOI 074/11.

Please quote this reference number in any further correspondence or call relating to this enquiry.

Further information about the NPIA is routinely published on our website at www.npia.police.uk or through our publication scheme. If you require any further assistance in connection with this request please contact us at our address [below/above].

Vicky Smith
Knowledge and Information Management Services Assistant
National Policing Improvement Agency

9th Floor (East) New King's Beam House, 22 Upper Ground, London SE1 9QY
Email: [NPIA request email]
Website: www.npia.police.uk

show quoted sections

NPIA FOI Team,

1 Attachment

Dear Mr Old,

Please find attached the NPIA's response to your request.

<<NRSB99-0111-110602 Final Response FOI 074_11.pdf>>

Regards,

Vicky Smith

Knowledge and Information Management Services Assistant
National Policing Improvement Agency

Email: [NPIA request email]
Website: www.npia.police.uk <http://www.npia.police.uk/>

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