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Dates

Issued: 27 October 2004 Pay and Conditions

Implementation: October 2004

Impact: Immediate

Contact(s) for more information: George Vine (Tel: 0131 244 2155)
Martin McDermott (Tel: 0131 244 2160)
(at the above address)

Dear Colleague

Purpose of the circular: To advise forces that the 30 Plus Retention Scheme should be made available to all eligible officers.

Summary of contents: This circular authorises the implementation of the agreement reached in the PNB for extension of the 30 Plus Retention Scheme to all eligible officers.

These changes will be promulgated in Police Regulations in due course. In the meantime, arrangements should be made to implement the scheme as set out in the attached Annexes:

Annex A - General content of 30+ Retention Scheme

Annex B - Background Note on the 30+ Retention Scheme

Annex C - Declaration of Agreement to Participate

Annex D - Calculation for Compensatory Grant

Annex E - Frequently Asked Questions Regarding the 30+ Retention Scheme

A copy of this circular is enclosed for the Director of Finance in the police authority. Copies have also been sent to the Convention of Scottish Local Authorities, the police associations and the Accounts Commission.

Also attached are details of all circulars issued in 2004.

Martin McDermott
Police Division 1

ANNEX A

30 YEARS PLUS RETENTION SCHEME

Proposed scheme

Scope

1. The scheme will be open to ranks below chief officer level where a business case can be made for it. The Scheme will run as a pilot scheme, in the first instance, for one year.

Reappointment is not automatic.

2. Each officer who wishes to participate will have to apply for selection.

3. Selection will be subject to participants being in satisfactory health.

4. For the duration of the pilot, appointments will be for a term of up to one year. If the scheme is subsequently confirmed, appointments will be for a term of up to four years, subject to annual renewal dependent on continued effectiveness. In some cases, the appointment could be followed by another of up to three years, again subject to annual renewal.

Status on reappointment

5. Participants will no longer be entitled to a replacement allowance (but see paragraph 8 below).

6. However, participants will be able to re-enter the force at their former rank.

Tax-free lump sum

7. Participants will be able to receive their tax free lump sum before appointment to the posts for which they had applied.

Partial lifting of pension abatement

8. Participants will be eligible to have their pension partially abated. They will be able to receive sufficient pension to restore their earnings to their pre-retirement level - i.e. including replacement allowance.

Eligibility for special priority post bonus

9. Participants may be eligible for a non-pensionable lump-sum special retention payment at the end of each extra year worked. The payment will be not less than £500 or more than £3,000 normally, although exceptionally payments of up to £5,000 may be made, and will be in line with the proposed extra responsibility payment for which officers in general will be eligible.

Pension position

10. Although not members of the Police Pension Scheme, participants will be entitled to injury awards, including awards for death as a result of an injury on duty, as if they had at least 30 years' service.

11. Participants will not be eligible to re-join the Police Pension Scheme either to resume accrual of rights to their current pension or to accrue rights to a second pension. Therefore, they will not contribute, through salary deductions, towards the Police Pension Scheme. Participants will be free to take out a personal pension with a view to receiving additional benefits.

12. The force will bear the cost of insurance for the payment of the equivalent of a lump-sum death in service grant to the spouse or estate of a participant in the event of death during the currency of his or her appointment. In such circumstances survivor benefits will become payable as if the officer had died in retirement.

13. On leaving the 30+ Scheme, pension entitlement payable to an officer will include any increases that the officer would have otherwise received had he decided to take his pension on retirement.

Inland Revenue and Treasury position

14. Both the Inland Revenue and the Treasury have confirmed that they are content with the pension position as stated above. ANNEX B

30+ RETENTION SCHEME

1. The Police Negotiating Board Agreement included outline provisions for arrangements to give managers in the police service the scope to retain officers who are entitled to retire with maximum pension benefits where they wish to do so. The following provides a statement of the 30+ scheme agreed by the PNB for the purpose of the pilot which will be reviewed after one year.

PNB Agreement

2. The Police Negotiating Board Agreement in May 2002 included an outline of a 30+ scheme. The objectives were defined as follows:

· To help ease possible recruitment shortfalls and help police numbers to rise to, and be sustained at, a higher level;

· To smooth out recruitment bulges and, by the same token, help to avoid corresponding retirement bulges in future;

· To help retain much needed skills and experience in the service.

3. The main points of 30+ agreed by the PNB are:

· It will be open to ranks below chief officer level where a business case can be made for it.

· Each officer who wishes to participate will have to apply for selection.

· Ability to take a tax-free retirement lump sum, under Police Pensions Scheme commutation provisions

· Re-engagement at former rank and pay level.

· Pension abatement lifted to allow for payment of sufficient pension to restore the pre-retirement earnings level, including any replacement allowances lost on retirement.

· Access to Special Priority Payments of up to £5000 on the same basis as other officers.

· Participants will not be able to re-join the Police Pension Scheme, but they will be able to purchase additional benefits by taking out a personal pension.

· Participants will no longer contribute to the cost of the Police Pension Scheme through salary deductions (currently 11% of salary) and will henceforth be paid this sum.

Features of the 30+ scheme in detail

Scope

4. The scheme will be open to ranks below chief officer level where a business case can be made for it. A key factor is whether retention of an existing officer will be more cost effective than letting him or her retire and bringing in a new recruit. Application to participate in the scheme will normally be made by officers about three or four months before retirement. However, applications may also be made by officers who have recently retired after at least 30 years' service. In order to be eligible for consideration such officers should normally have retired within the previous twelve months.

5. For the purpose of the scheme, local discretion to re-engage officers applies to constables and sergeants. Any force wishing to re-engage an officer above the rank of sergeant will need to submit a business case to the Scottish Executive Police Division for consideration.

Suitability for officers

6. The 30+ Scheme will not be suitable for all officers. It is aimed at officers who have retired, or who are about to retire, with maximum benefits under the Police Pension Scheme and have no specific interest in, or prospect of, further promotion. The scheme offers serving officers, who are members of the Police Pension Scheme opportunity to continue to serve as a police officer. The scheme is not suitable for those who want to stay on in the service beyond 30 years and accrue further rights under the Police Pensions Scheme for themselves or their dependants.

Status on reappointment

7. Before appointment to the posts for which they have applied, participants will retire, and thereby be eligible for a tax-free lump sum under the Police Pension Scheme. Appointment will take place after a minimum of one day in retirement which means that participants will have to be sworn in again following a break in service. A security check may also be needed depending on the length of time away from the service.

8. Participants will be able to re-enter the force at their former rank and pay point but they will no longer be entitled to a rent/replacement allowance (i.e. either housing allowance or transitional rent allowance and compensatory grant). Participants will be required to sign an agreement, which includes an election to opt out of the Police Pension Scheme and which explains how the Police Pensions Regulations will apply to them. In certain respects the Police Pensions Regulations already cover the interests of 30+ participants, for example in terms of survivor benefits in the case of death as a result of an injury sustained without default in the execution of duty. However in some other respects the regulations will have to be amended to cater for the 30+ scheme. A draft of the agreement that officers will be asked to sign on appointment is at Annex C and a list of proposed amendments is given at paragraph 29 below.

Partial lifting of pension abatement

9. In view of their retirement before being re-engaged participants will be eligible for a police pension and this will be payable for the duration of their retirement before appointment under the scheme. However, in common with other public service pension schemes, their pension will be subject to abatement (reduction) on resuming service in the same occupation they had before retirement. Under the 30+ Scheme, it has been agreed that participants' pensions need not be entirely abated. They will be able to receive sufficient pension to restore their earnings to their pre-retirement level - i.e. including rent/replacement allowance. The amount by which the pension of an officer is abated will be determined by the officer's salary and rent/replacement allowance at the point of retirement compared with his or her salary on re-engagement. Officers will receive as much of their pension as is required to top up the income from their salary on re-engagement to the level it was at retirement when they received both a salary and a rent/replacement allowance.

10. Topping up the salary with an amount to make up for the lost compensatory grant is potentially complicated, but this will be handled in the same way as the compensatory grant paid to someone who has retired. An explanation is attached at Annex D. Once the amount of pension due is determined, it will be fixed at that rate and changed only in line with pension increases where the officer qualifies for this on grounds of age.

11. Subsequent changes in salary after re-engagement will not affect the pension paid. Similarly, special priority payments or bonuses paid after re-engagement will not affect the pension. That said, the officer will benefit from any pension increases that would have to be paid if the officer had remained retired. Special priority payments received before retirement will not be taken into account when assessing income at the point of retirement.

Eligibility for special priority payments

12. If they are selected for a qualifying post in the force's special priority payment (SPP) scheme, they will receive a payment on the same basis as other officers. The SPP is a non-pensionable lump sum paid at the end of the calendar year. The payment will be not less than £500 or more than £3,000 normally, although exceptionally payments of up to £5,000 may be made.

Second pension

13. Participants will not be eligible to re-join the Police Pension Scheme either to resume accrual of rights under their current pension or to accrue rights to a second police pension. They will be re-engaged on condition that they make an election under regulation G4 not to pay contributions. A specimen of the notice of election is at Annex B. The participant will be able to take out a personal pension with a view to receiving additional benefits.

Survivor benefits on death in service

14. Should an officer die while participating in the 30+ scheme, any qualifying surviving spouse or child will be able to receive a pension or child's allowance based on the officer's 30-year pension in the same way as if he or she had died in retirement. The only exception is where the participant dies as a result of an injury received without default in the execution of duty - see paragraph 18 below.

Lump sums on death while participating in 30+

15. A gratuity may be paid to a dependent relative under regulation E2(1)(a)(ii) or to the officer's estate under regulation E3 following his or her death while participating in the 30+ scheme as if he or she were in retirement. It is not considered that regulation E2(1)(a)(ii) needs amendment to apply to a participant in 30+ for the first two years after retirement. Since a participant will have made an election under regulation G4, no lump sum death grant is payable under regulation E3A. However, the force will pay a lump-sum death in service grant outside the scope of the Police Pension Scheme to the spouse or estate of a participant in the event of death during the currency of his or her appointment.

16. Since participants may already have opted to take a pension lump sum on retirement under the provisions of the Police Pension Scheme, there is no longer the same rationale for a death-in-service lump sum grant based on their police salary. However, retired officers who take public sector work other than as a police officer may join the relevant pension scheme and thereby ensure that, in the case of death in service, their nominee or estate will receive such a grant. The grant will therefore be based on the pensionable pay of a member of the civilian support staff with conditions of service equating as closely as possible to that of a police officer, with the flexibility for deployment that this entails. It will be for each force to determine the level of pensionable salary on which the grant is to be based. It is not proposed to be too prescriptive about this figure if there are cogent reasons for local variations.

Injury and death in the execution of duty

17. Although not active members of the Police Pension Scheme, participants will be entitled to injury awards, including awards for death as a result of an injury on duty, as if they had at least 30 years' service. An injury award under regulation B4 or a disablement gratuity under the Police (Injury Benefit) Regulations 1987 will be related to the police officer's current pay, with pensionable pay and average pensionable pay calculated, where appropriate, as if he or she were still able to make contributions to the Police Pension Scheme. An injury pension payable under regulation B4 will be reduced by three quarters of the officer's 30-year pension, not the pension the officer would have accrued, had he or she not made an election under G4.

18. Where a participant in the 30+ scheme dies as a result of an injury received without default in the execution of duty the normal provisions for survivor benefits will apply. The relevant provisions are regulations C2 and C3, widow's special and augmented awards; regulation D2 or D3, child's special allowance and gratuity; regulations E1 or E2(1)(a)(i), adult dependent relative's special pension and dependent relative's gratuity. (An award will not be payable under C1 or D1 unless an election is made under regulation E7 to opt for that instead.) In cases where an officer's spouse or dependants qualify to receive a death gratuity under the Police (Injury Benefit) Regulations 1987, the lump sum death grant to be deducted under regulation 7(2)(a) will be the amount payable in accordance with paragraphs 14 and 15 above.

Part-time service possible in the 30+ scheme

19. The pay and conditions of officers participating in the 30+ scheme as part-timers would be based on those they would have received, had they worked the same hours before retirement. Such officers would still be eligible for a tax free lump sum and reduced pension on retirement based on their relevant service while a member of the Police Pensions Scheme but their pension abatement would be lifted to allow just the pro-rated allowances lost on retirement to be made good.

Selection procedure and criteria

20. The 30+ scheme depends on officers applying to participate. However, any force operating the scheme should make suitable arrangements to draw it to the attention of officers in the first place in order to ensure those eligible to apply are aware of the opportunity. Provided the scheme becomes established, it is envisaged that forces will remind officers about six months before the point at which they can retire after 30 years with a maximum police pension. Although it will be for officers to apply for selection, management will make the final choice based on their suitability for the scheme.

Selection Procedure

21. Officers should normally make a written application about three to four months before they reach the 30-year point with a view to a decision being taken at least one month before that point. In the initial stages of the scheme, in order to maximise consistency of approach, the power to decide which officers are retained under the terms of the 30+ scheme should be vested in the Human Resources Department of that force. Their decision will take into account the views and recommendations of the local Commander/Head of Department. In the event of an officer not being selected, it is proposed that they will be able to request a review by the Chief Constable.

Selection Criteria

22. To be selected, officers should have been assessed as fully competent and committed to further service, and should be examined and found by the FMA to be in satisfactory health for the purpose of the proposed appointment. In considering this the FMA would need to know the range of duties the officer would be expected to be available for and the duration of the appointment. If the scheme becomes established appointments will be for a term of up to four years, subject to annual renewal dependent on continued effectiveness. The 4 year appointment could be followed by another of up to three years, again subject to annual renewal.

23. In considering whether an officer is in satisfactory health the FMA should be satisfied that there are no medical conditions or history of medical conditions which might puts in doubt the officer's ability, to attend for duty and to perform effectively.

24. If the scheme is to be effective, it will also be important that it apply only to those who are not liable to sanctions, which would disrupt or undermine further service. Accordingly officers would not be able to apply if:

· they have current disciplinary sanctions on file, or are facing conduct proceedings, for serious breaches; or

· are subject to Unsatisfactory Performance Procedures.

25. Restricting automatic disqualification to serious cases of misconduct will provide forces with the discretion to look at less serious cases in the light of all the circumstances.

Criteria for annual reviews

26. The officer's contract of re-engagement would be subject to annual renewal depending on his or her continuing effectiveness, satisfactory disciplinary record and commitment to remaining in service. Although the effectiveness and commitment will normally go together, there may be cases where an officer is still competent but starting to show a loss of interest in the job. It is important, if the 30+ scheme is to work effectively, that officers are not kept on beyond the point where they want to participate. Annual medical checks would not normally be required.

27. There are no provisions at present in the Police Regulations for fixed-term appointments for officers below chief officer rank. The power not to renew a 30+ appointment will be derived from regulation A19 of the Police Pensions Regulations - compulsory retirement on grounds of the efficiency of the force. Because of the system of annual review, regulation A19 should normally be used only to terminate a contract of re-engagement at a date before its expiry/renewal date.

28. Unless expressly stated otherwise in the scheme, a contract of re-engagement may be terminated under the Police Regulations, the Police Pensions Regulations, the Police (Conduct) Regulations and the Police (Efficiency) Regulations. Accordingly, a participant may be compulsorily retired under regulation A20 of the Police Pensions Regulations (on grounds of ill health). Moreover, a contract of re-engagement may not extend beyond the maximum period of five years for which compulsory retirement on grounds of age may be postponed at the at the discretion of the chief officer of police under regulation A18 of the Police Pensions Regulations. 30+ officers, as with all officers, have the right under regulation 16 of the Police Regulations (1995) to give one month's notice to terminate their contract.

Next steps

Consequential amendments to the Police Pension Scheme

29. Amendments to the Police Pensions Regulations will be necessary either to clarify or to provide the following:

· It will be confirmed that regulation A19 may be applied to any officer participating in the 30+ scheme;

· each participant will be allowed to continue to serve on an annual basis with renewal of the annual contract subject to the general interests of efficiency, assessed against the criteria in paragraph 27.

· Each participant will be deemed for the purposes of regulation B4 to have 30 years' reckonable service;

· participants will be eligible for injury awards based on 30 years' service, not on their service under 30+, and taking their existing retirement pension into account.

· Each officer participating will have made an election under regulation G4, but the effect of this will need to be moderated in the following circumstances:

· amending Schedule B Part V to make the deductions from the injury pension to be based on the pension in respect of his or her previous police service, payable to the officer once he or she resumes retirement, not the notional pension that would have been payable had he or she not made an election under G4 when joining the 30+ scheme;

· removing the provision in Regulations C1 and D1 which withdraw eligibility of any qualifying surviving spouse or child to a pension or allowance if they would have been so entitled had the participating officer died in retirement and not while serving in the 30+ scheme with an election under G4 in force.

· Provision will be made for a special lump-sum death grant to be paid in the event of death in service;

· there will need to be provision for the special death-in-service lump sum to be deducted from any death gratuity under regulation 7(2)(a) of the Police (Injury Benefit) Regulations 1987.

Police Division 1.1
Scottish Executive Justice Department
October 2004

ANNEX C

AGREEMENT TO PARTICIPATE IN THE 30+ SCHEME

Incorporating a notice of election under Police Pensions Regulation G4 - modified for participants in the 30+ Scheme

To the ……………………………………….. Police Authority

DECLARATION

I understand that the following are conditions of participating in the 30+ Retention Scheme:

¨ I will be re-instated in the rank and on the pay point I held immediately before retirement;

¨ Any replacement allowance I received before retirement will no longer be payable but I will receive sufficient of my abated pension to restore my earnings to their pre-retirement level - i.e. including replacement allowance;

¨ I agree to elect to make no further contributions to the Police Pension Scheme, but I understand that I may contribute instead to a personal pension scheme;

¨ I understand that I will be deemed to be an officer with 30 years' reckonable pensionable service for the purposes of regulations A19 (compulsory retirement on grounds of the efficiency of the force) and B4 (policeman's injury award);

¨ I understand that the power under regulation A19 will normally be used only for the purpose of not renewing my 30+ appointment after an annual review. Where A19 is used mid-year, I will be given one month's notice;

¨ I understand that my term of re-engagement is also subject to the provisions of the Police Regulations, the Police Pensions Regulations, the Police (Conduct) Regulations and the Police (Efficiency) Regulations, unless expressly excluded or modified by the terms of this agreement;

¨ If I wish to terminate this appointment I may, subject to the conditions set out in regulation 16 the Police Regulations, give one month's notice of my intention to retire.

I therefore hereby elect, in accordance with Regulation G4 of the Police Pension Regulations, that Regulation G2 (payment of pension contributions) is not to apply in my case.

I understand that by making this election as modified for the 30+ Scheme:-

· I shall not pay pension contributions during the period of my service as a participant in the 30+ Scheme.

· My existing pension entitlements will come into full effect again when I cease to serve as a regular police officer under the 30+ Scheme.

· The references to Regulation G4 in Regulations C1 and D1, which would prevent the payment of a spouse's ordinary pension or a child's ordinary allowance based on my pension in the event of my death while this election had effect, will not apply in my case.

· In the event of my death as a result of an injury received without my own default in the execution of duty, any survivor benefits due would instead be payable as appropriate under Regulation C2, C3, D2, D3, E1 or E2(1)(a)(i), unless an election was made under regulation E7 to opt for an award under C1 or D1.

· In view of my election under Regulation G4 I will not receive a lump-sum death grant of twice my pensionable pay under Regulation E3A, but I will receive a separate 30+ death grant of twice the pensionable pay of a XXX.

· Any injury pension payable will be reduced by reference to my existing pension, not by reference to any notional pension I would have accrued if I had not made this election. Paragraphs 3(1) and 3(3) of Part V of Schedule B to the Police Pensions Regulations will apply in my case as if references to any other pension to be deducted from my injury pension are to the pension calculated by reference to my pensionable service reckonable by my 30 years' service before participation in the 30+ Retention Scheme.

· If my spouse or dependants were to qualify to receive a death gratuity under the Police (Injury Benefit) Regulations 1987, the lump sum death grant which fell to be deducted from the gratuity under regulation 7(2)(a) would be the death grant payable to me under the 30+ scheme.

I understand that I do not have the option to rejoin the Police Pension Scheme.

I undertake to serve for ____ year(s) subject to annual renewal not being withheld under regulation A19 of the Police Pensions Regulations or notice by me in accordance with regulation 16 of the Police Regulations (1995).

Signed ……………………………………………. Date …………………………. Force No.

Name ……………………………………………………………………..

Rank……………………………..……

Address…………………………………………………………………………………………………..……

………………………………………………………………………………………………………..…

When completed, return this form to (contact name and address)

ANNEX D

CALCULATING COMPENSATORY GRANT FOR RETIRED OFFICER

A figure is first calculated in a similar way as for the "ordinary" annual comp/grant - i.e. as being an amount equal to the additional tax that the individual officer has paid in the tax year current when he retires as a result of receiving (i) the replacement (rent) allowance during that year. and (ii) the compensatory grant paid at the beginning of that current year.

The sum calculated as at (a) is then increased to a figure which, after the deduction of tax at the basic rate, gives a net payment equal to the figure initially calculated.

An example of this is as follows:

· Figure calculated as at (a) = £1,000

· Increased to £1,282

· Tax due on £1,282 at current basic rate of 22% = £282

· Net comp grant payment = £1,000

This fully compensates officers who only pay tax at the basic rate. Officers who pay part of their tax at the higher rate (currently 40%) can, after the end of the tax year in which they retire, produce to their former force the Inland Revenue assessment for that year to prove this higher tax position and ask for an additional compensatory grant payment.

ANNEX E

30+ Scheme: Some Frequently Asked Questions

What is the 30+ scheme?

The 30+ scheme is designed to assist forces with the retention of valuable skills and experience. The scheme arose from the Police Negotiating Board Agreement of May 2002, which included outline provisions for arrangements to give managers in the police service the scope to retain officers who are entitled to retire with maximum pension benefits where they wish to do so.

The scheme has been piloted in a selection of forces in England & Wales since December 2002. It is now available in all forces in Scotland and will be subject to review after one year.

Under 30+, the officer retires from service and then receives their lump sum commutation. They are then re-engaged by the force after a break in service of at least one day and paid at the rank point that they were previously receiving.

Upon retirement, an officer ceases to be eligible to receive replacement allowances (i.e. housing allowance). However, sufficient pension would be paid in order to restore salary to its pre retirement level. The key is that an officer should receive the same salary as before they were on the 30+ scheme.

The scheme allows the continuation of service as an attested officer with access to an early lump sum. However, it is not suitable for every officer as participants would cease to be active members of the Police Pension Scheme.

Who can apply?

The 30+ scheme is open to all officers who have completed 30 years service. Officers who have retired with less than 30 years service will not be able to apply. Officers are eligible to apply up to one year after their retirement.

Primarily 30+ is aimed at retaining officers of Sergeant and Constable rank. However, the scheme is open to all ranks below ACPO level where a business case can be made for it. If a force wishes to retain an officer who holds a rank higher than Chief Inspector then they will need to supply a detailed business case to the Scottish Executive Police Division for consideration.

Will officers receive their pension?

Officer re-engaged under 30+ will receive a tax-free retirement lump sum, under Police Pensions Scheme commutation provisions but will not receive their full police pension nor will they be eligible to re-join the Police Pension Scheme. They will be eligible for partial lifting of their pension abatement, in order that the allowances they lost on retiring can be made good so they are re-engaged with the equivalent pay and conditions they received pre-retirement. Although they will not be able to re-join the PPS, they will be able to purchase additional benefits by taking out a personal pension.

What happens to my "parked" pension in terms of its accruing value?

On leaving the 30+ Scheme, pension entitlement will be calculated based on the salary payable on that date to an officer with 30 years service at the substantive rank held by the officer when the officer originally retired.

How does an officer apply?

In the first instance, an officer must apply to their force in writing. In order to retain those officers, who have the necessary skills and experience to be of future benefit to the force, the officer will need to be assessed as fully competent, in satisfactory health (as assessed by the Force Medical Advisor) and committed to further service.

Would an officer need to be attested again?

Yes, they would need to be re-attested upon their return from retirement.

An officer is interested in the 30+ scheme but the force does not wish to re-engage them. What should they do?

In such cases, an officer should contact their personnel department to register interest in the scheme. However, it is the decision of the force as to who they are prepared to retain under the scheme.

How can officers find out the financial implications of re-engagement?

Officers are strongly advised to seek independent professional financial advice prior to being re-engaged on the 30+ scheme. There are many factors involved and each case needs to be considered individually. All of these factors need to be assessed before an officer makes their decision.

Are officers re-engaged under 30+ eligible to receive Special Priority Payments and Competency Related Threshold Payments?

Officers re-engaged under 30+ will be eligible to receive both Special Priority Payments (SPP's) and Competency Related Threshold Payments (CRTP) in the same way as before their retirement. However, as these officers will have ceased to be members of the Police Pension Scheme upon their retirement, then these payments will not be pensionable.

If an officer is in receipt of a CRTP, they will, providing they continue to meet the standards required, receive this payment Officers should be aware that their pension is based on basic pay plus CRTP over the previous 12 months. An officer will need to have received a CRTP for at least 12 months if they wish the full £1002 to be considered as part of their overall pension calculation.

Can officers come back part-time?

Yes. The pension arrangements work so that the officer working half time under 30+ would receive the part-timers salary and enough pension to make good the pro-rata amount of allowances he has lost on retirement. Consideration will be given to the issue of pension abatement for part-timers. Proposals for a sliding scale are under discussion in order to make the scheme more attractive for officers wanting to come back part-time.

Officers returning at a lower grade?

If an officer wished to remain in service under 30+ but the force had no requirement for officers at their rank then consideration should be given in the to allowing such an officer to retire and be re-engaged at a lower level. Whether these would be attractive to officers is debatable but such a facility should be made available.

Can an inspector return as a sergeant?

As for whether an inspector can return as a sergeant, there is nothing in the guidance to prevent such a situation, but the emphasis has been on a person keeping their former rank. We would advise forces that such an option should be considered very carefully and only after examining the business case for retention as an Inspector. The officer might also like to consider the pensions implications for retiring now.

Where there is not a sufficient case for retention as an Inspector it would seem perverse not to allow retention as a sergeant - as opposed to losing the officer altogether.

How does pay work in this case?

The presumption is that his pay and lifted abatement of his Inspector's pension to make good his pre-retirement replacement allowance would equate to that of a recently retired sergeant (we suggest at the top of the sergeants' scale if his combined service as sergeant and inspector so allows), and not that of an Inspector (otherwise you might as well keep him on as an Inspector). Similarly, his overtime would be as if he were a sergeant.

What kinds of charges would make the officer unsuitable for 30+?

It would not be feasible to provide a fully comprehensive list of the situations that could constitute a bar to the applications of officers. Although this may leave open the possibility of differing interpretations being taken, it is the intention that forces apply common sense when considering the applications from officers to remain on 30+. Above all, the scheme is intended as a management tool and therefore management need only offer participation to officers they believe remain fit for service, present a positive image and will serve responsibly.

However, I have attempted to provide a steer in relation to the particular questions. First, it is important to bear in mind the wording of the guidance in introducing the passage:

If the scheme is to be effective, it will also be important that it apply only to those who are not liable to sanctions which would disrupt or undermine further service.

What is covered by disciplinary sanctions on file?

The phrase includes "current". It should be taken to constitute any action currently being taken against an officer in accordance with Section 31 of The Police (Conduct) Regulations 1999 (and which has not been overturned on review) serious breach.

What is a serious breach? As there is no such definition in Police Regulations.

No there is not a definition, but the regulations do make some distinction between less and more serious breaches in that they provide for legal representation at a hearing for some breaches - namely those which could result in dismissal, requirement to resign and reduction in rank. Such breaches are serious and the sanctions involved would seriously compromise the purpose of 30+, which is to retain good officers. Other breaches - especially if they are out of character - should not be regarded as fatal to a 30+ application. If they are in character, then there must be real doubt why management is bothering to retain the officer.

What happens in the situation where an officer who has previously had a finding of guilt for misconduct, which has been expunged due to time?

That is why we use the words "on file". If an officer has been demoted and the record of his or her punishment is now expunged then he or she is not debarred from applying. However, the decision as to whether an officer is selected will ultimately rest with Force management. The force would therefore need to study each individual case in light of all the relevant evidence and make their decision based on these factors

Can officers be re-engaged in a different role than the one they held prior to retirement?

Yes, the force has the discretion to use the officer in areas where their skills and experience will bring the most added value to the force.

What happens to an officer's annual leave when they retire?

This is a two-fold question, concerning the leave that an officer has amassed prior to retirement. As a matter of good practice, we suggest that forces ensure officers clear all their outstanding annual leave before re-engagement.

The second aspect concerns the amount of leave that an officer is entitled to upon being re-engaged on 30+. We would advise that the officer should receive the same amount of annual leave each year as they had been entitled to receive prior to retirement.

For force use only

A further issue concerns instances where an officer has taken more than the appropriate proportion of their leave for that year prior to retirement. Under the Police Regulations the force cannot reclaim this leave without leaving themselves open to challenge. This issue will require good management of the process.

What is an officer required to sign as a contract prior to re-engagement?

The officer will need to sign the notice of election under Police Pension Regulation G4 (this is contained at Annex C of the 30+ guidance document).

After consultation with the forces participating in the earlier Phases of the 30+ pilot schemes there is now a standard form for forces to use when re-engaging officers.

How should a 30+ officer be classified for statistical purposes?

Classifying officers re-engaged on 30+ in some of the current categories (e.g. as a new recruit) would not be accurate and could skew the forces overall officer data. The most logical method of resolving this issue would be for the officer to be classified as a rejoiner.

Can a 30+ officer be promoted?

Yes. Although the officer will have confirmed that they have no specific interest in promotion, they will still be eligible for promotion throughout their 30+ service. However, any promotion will have no effect on the officer's pension entitlement upon leaving the service as the decision to apply for the 30+ scheme means that any increases in rank will not be reflected in their pension. The 30+ scheme is only really suitable for officers who have no prospect of or interest in promotion, as pension will not be increased to take into account a promoted officer's revised salary.

An officer is also eligible to 'act up' to a higher rank on a temporary basis if required.

Does an officer need to be medically examined prior to re-engagement?

Yes. All officers applying should be aware that if they are selected to participate in the scheme, they will be required to undergo an examination by the Force Medical Adviser. This examination will be to ensure that they remain in satisfactory health for the purpose of the appointment. In considering this, the FMA would need to know the range of duties the officer would be expected to be available for and for up to how many years the appointment could last.

Is 30+ available to a restricted duties applicant?

Yes. The 30+ scheme requires you to be fit for the role you are currently performing. This does not necessarily equate to being declared fit to undertake all operational duties. The key is that further service should be operationally useful and should not expose an officer's disablement or health to undue risk of deterioration.

For force use

The FMA will need to be aware of this when undertaking the examination. Attention should also be paid to the employment provisions of the Disability Discrimination Act as they now apply to police officers.

For how long will a 30+ appointment last?

Appointments will be for a term of up to four years, subject to annual renewal dependent on continued effectiveness. In some cases, the force may wish to grant the officer up to a further three years, again subject to annual renewal.

For force use only

However, it is correct to say that, at present, there are no provisions in the Police Regulations for fixed-term appointments for officers below chief officer rank. The power not to renew 30+ appointment will be derived from Regulation A19 of the Police Pensions Regulations (compulsory retirement on grounds of efficiency of the force). Due to the annual review system, A19 should normally be used only to terminate a re-engagement contract on a date before its expiry/renewal date.

Why is there a seven-year limit for service on 30+?

At present an officer can retire and be re-engaged from age 48½, the seven year limit on further service under 30+ could effectively take all officers (of ranks below Inspector) up until compulsory retirement age. Furthermore, there is the issue of public consumption. For example if officers were able to serve on the scheme for a further ten years from the point at which they could retire with a full pension (thereby completing 40 years service), then this could raise the issue of why police officers are entitled to receive their pension after 30 years.

At present, we feel that the 30+ scheme provides officers with security of tenure. However, the case for amending the limit for 30+ service will be kept under review particularly in the light of the Government's Proposals for a New Police Pension Scheme with a 35-year service period.

Can an officer join 30+ if they reach 30 years service after age 55?

Yes. Officers can rejoin under 30+ beyond the normal age of retirement for their rank, provided they have Chief Constable approval under A18. They will be subject to the same length of service constraints as would an officer serving an extension of service

For force use only

Will an officer who re-joins on 30+ need Chief Officer approval if they will be extending their service beyond compulsory retirement age ?

Yes, upon reaching the compulsory retirement age for his/her rank, an officer will need to get an extension agreement from the Chief Officer of the police force in order to continue to serve. However, a contract of re-engagement may not extend beyond the maximum period of five years for which compulsory retirement on grounds of age may be postponed at the discretion of the chief officer of police (as under A18 of the Police Pension Regulations).