Human Resources - Retirement protocol (L11000)

1.0 Summary of Changes

1.1. This protocol has been updated on 15 January 2024 with the following amendments:

• Change of police officer pension administration for Kent Police to XPS;
• Inclusion of information under the regulation that members may continue in the scheme until 2 days before their 75th birthday;
• Updated to include gender neutral language.

2.0 What this Protocol is about

2.1 Essex Police and Kent Police recognise the benefit of a diverse workforce, including the valuable skills and experience of older staff.

2.2 This protocol sets out any retirement statutory provisions for police officers and police staff and the internal processes for retirement notification.
Compliance with this policy and any linked procedure is mandatory for all officers, staff, special constables, volunteers and contractors. However, the Head of HR Operations may exercise discretion to consider reasonable exceptions to this protocol, on a case-by-case basis where clear rationale is provided.

3.0 Detail the Protocol

3.1 Roles and Responsibilities

3.1.1 Responsibility of HR

3.1.1.1 The Director of Human Resources is responsible for developing a retirement protocol that supports good employee relations and the operational needs of the Force.

3.1.1.2 Human Resources will provide advice to line managers on the application of the protocol. Level 1 generic advice on the protocol will be given by HR Support Services within the Business Centre. Level 2 case management advice will be given by HR Advisers.

3.1.2 Responsibility of Managers

3.1.2.1 Managers are responsible for meeting with staff, having open discussions, and supporting staff/officers through the retirement processes included within this protocol.

3.1.3 Responsibility of Staff

3.1.3.1 Staff and officers should follow the procedures outlined for submitting applications and ensure they give as much information as possible.

3.2 Police Staff Legislative Provisions

3.2.1 There is no compulsory retirement age for police staff.
 
3.2.2 The Normal Pension Age is the age from which a staff member can retire and receive their pension in full. An individual’s Normal Pension Age in the LGPS is linked to their State Pension Age (with a minimum age of 65). You can check your Normal Pension age by looking up your current State Pension Age at www.gov.uk/calculate-state-pension.

3.2.3 Police staff may retire when they choose. Staff members, who are a member of the Local Government Pension Scheme, can gain access to their pension from the age of 55, (subject to scheme reduction factors applying). Full details of the Essex and Kent employer policies showing employer discretions is published on the HR website) although the timing of their retirement will affect their pension payment. Individuals are advised to contact the pension provider regarding this matter:

• Essex Police Pensions Discretionary Decisions
• Kent Police Pensions Discretionary Decisions
• Essex Pension Fund; 03330 138384 or [email protected]
• Kent Pension Fund; 03000 413488 or [email protected]

3.2.4 Notification of retirement is to be completed via the Leaver Notification process through the Service Manager system. This will send automatic notification to nominated line manager and the HR Support Team at the Business Centre. Form A14a for Essex no longer exists. For details of notice to be provided by retiring members of staff and other useful information visit the leaving the organisation intranet page; Leavers (sharepoint.com).

3.2.5 Staff members are required to give written notice of retirement in line with the provisions set out as follows:

• Essex Police – Police Staff Council Handbook; Section 6.2;
• Kent Police – contractual notice as per your contract of employment.

3.2.6 As there is no default retirement age for police staff, there is no process for police staff to request to stay on beyond age 65. Unless an individual submits a notice of retirement in accordance with paragraph 3.2.4 their employment will continue beyond age 65.

3.2.7 Police staff should however be aware that under the Local Government Pension Scheme regulations an employee may continue to be a member of the scheme until 2 days before their 75th birthday. They can continue to be employed beyond this date, but they MUST NOT remain a member of the scheme. The member is entitled to receive immediate payment of their pension benefits from age 75 which must then be paid within 6 months of the member attaining age 75.

3.2.8 On 15th December 2017, in line with Schedule 8 of the Policing and Crime Act 2017 the Police Barred List and Police Advisory List Regulations were introduced. The College of Policing have been given statutory responsibility to hold and maintain Barred and Advisory lists.

3.2.8.1 These regulations are applicable to police officers and police staff who are under investigation for gross misconduct.

3.2.8.2 Police staff are able to retire whilst under investigation for conduct however, investigations may continue to be undertaken post-retirement. Each case will be reviewed on an individual basis assessing the potential impact of the case in relation to public interest and/or safeguarding. If a case is warranted serious enough to continue an investigation post-employment the case will be seen through to conclusion. This will include adjudication by the Appropriate Authority and an invitation to a misconduct hearing should it be deemed there is a case to answer for Gross Misconduct. This could then result in the member of staff being reported to the College of Policing for inclusion on the Police Barred List. This would occur if disciplinary proceedings follow an investigation and result in dismissal (Section 88A(1)(c) Police Act 1996). Persons who are included on the Police Barred List are not permitted to work in policing or law enforcement roles for the duration of their inclusion on the list (Section 88C Police Act 1996).

3.2.8.3 Should the case be deemed not serious enough to be considered for continuation post-retirement the member of staff will be informed in writing, within 10 working days of their retirement date, following a review by a HR Business Partner and the HR Delivery Manager. Advice and guidance can be sought from your HR Business Partner.

3.3 Police Officer Legislative Provisions

3.3.1 As of 1 April 2022 there is no compulsory retirement age for police officers. Retirement ages for police officers were previously covered under Regulations A18 of the Police Pensions Regulations 1987.

3.3.2 Notification of retirement is to be completed via the Leaver Notification process through the Service Manager system. This will send automatic notification to line manager and the HR Support Team at the Business Centre. Form A14 for Essex no longer exists. For details of notice to be provided by retiring officers and other useful information visit the leaving the organisation intranet page; Leavers (sharepoint.com).

3.3.3 On 15 December 2017, in line with Schedule 8 of the Policing and Crime Act 2017 the Police Barred List and Police Advisory List Regulations were introduced. The College of Policing have been given statutory responsibility to hold and maintain Barred and Advisory lists.

3.3.3.1 A determination has been made under regulation 14 of the Police Regulations 2013 which amends a previous determination which prevented a member of a police force from retiring while suspended under the Police Conduct Regulations 2012. Home Office guidance has also been amended to make clear the changes to the requirement to seek consent before an officer gives notice of intention to resign.

3.3.3.2 Officers are now able to retire whilst under investigation for conduct however, investigations will continue to be undertaken post-retirement and the case seen through to conclusion as if the officer was still in service. This will include adjudication by the Appropriate Authority and an invitation to a misconduct hearing should it be deemed there is a case to answer for Gross Misconduct.

3.3.3.3 This could then result in the ex-officer being reported to the College of Policing for inclusion on the Police Barred List. This would occur if disciplinary proceedings follow this investigation and result in your dismissal (Section 88A(1)(c) Police Act 1996). Persons who are included on the Police Barred List are not permitted to work in policing or law enforcement roles for the duration of their inclusion on the list (Section 88C Police Act 1996). The procedures for publication and the appeal mechanisms will be incorporated into this process. Any queries should be referred to PSD.

3.3.4 Police officers are reminded that our pension Administrator, Essex County Council for Essex Police and XPS Council for Kent Police, can explain the impact on pension benefits to support retirement decisions.

3.3.5 The latest NPCC guidance sets out information in relation to Normal Pension Age. Retirement age is not the same as Normal Pension Age (NPA) and it is now the discretion of officers as to when they retire based on meeting the criteria of minimum pension age, as described below for the differing schemes. The relevant NPAs are set out below for each scheme:

• 1987 scheme benefits – after completion of 25 years’ service and aged at least 50; or on completion of 30 years’ service; or on attaining the former CRA for their rank in place before October 2006;
• 2006 scheme benefits – age 55;
• 2015 scheme – benefits age 60 (available with actuarial reduction from age 55).

3.3.6 Retiring officers are also able to consider the Returners Scheme; details of this are set out in L 11010 Protocol - Returners Scheme - Police Officers.

3.4 Retraction of Notice of Retirement

3.4.1 When a police officer or police staff member gives notice of retirement, this cannot be withdrawn unless both parties agree. The member of staff or officer wishing to withdraw their notice of retirement must do so in writing and send this to their Head of Department or SMT/SLT Member.

3.4.2 The Head of Department or SMT/SLT member will consider the request and make recommendation to the Head of Resourcing.

3.4.3 The Head of Resourcing will consider the overall organisational benefit and make a decision based upon the merits of the case.

3.5 Police Staff Flexible Retirement

3.5.1 Police staff aged 55 or over who are a member of the Local Government Pension Scheme with a minimum of two years membership, can request to reduce their hours or grade, and receive immediate pension payments, even if they remain in employment with consent from Essex Police or Kent Police (benefits are normally subject to scheme reduction factors applying). Full details of Essex and Kent employer policies, showing employer discretions, is published on the HR website. Please see links at paragraph 3.2.3 for further details.

3.5.2 If approved, pension benefits will be subject to actuarial reduction as set out in the scheme. It is advised that all staff considering this option may wish to take independent financial advice on the matter since the reductions can be significant.

3.5.3 Requests for flexible retirement can take up to three to four months from initial application for a pension estimate to agreement of a start date.

3.5.4 When considering an application for Flexible Retirement the following points will be taken into consideration:

• The cost to the employing Force;
• Whether there is any benefit/detriment to the employing Force;
• The operational and financial effects of reducing hours/grade;
• The impact on other staff (e.g. staff requiring redeployment);
• The implications/effect on other policies (e.g., recruitment and selection).

3.5.5 To be eligible to apply for Flexible Retirement, a staff member must either be successful in applying for a role of a lower grade, or a reduction in their average weekly working hours.

3.5.6 Before commencing a new role, or working hours, the staff member must apply for Flexible Retirement by completing the following form, and submitting it to their HR Adviser, via their Line Manager, and Head of Department, or Head of Command (SMT/SLT):

• Essex Police – Form PERS97i sent to your local HR Adviser;
• Kent Police – by requesting a pension estimate for flexible retirement via your local HR Adviser who will liaise with payroll

3.5.7 Flexible Retirement must commence at the same time as the salary reduces, either due to reduction in grade or working hours. Staff members cannot access their pension retrospectively, after a salary reduction.

3.5.8 HR with the support of payroll will obtain a Flexible Retirement estimate from the pension provider to assess whether there is any financial cost to the employing force.

3.5.9 The Essex Police and Kent Police employer policies apply as follows:

Discretion	Regulation	Chief Constable’s Policy
FLEXIBLE RETIREMENT Whether all or some benefits can be paid if an employee reduces their hours or grade (flexible retirement).	R30 (6) and TP11 (2)	The Chief Constable’s policy is to provide benefits on flexible retirement if a member is over 55 and permanently reduces their hours or reduces grade.  The policy requires such reduction does not have a detrimental effect upon the service. In the case of grade reduction arising from a force restructuring/ business case it would be the policy to provide flexible retirement benefits where such a grade reduction is accepted by the employee as suitable alternative work to avoid the liability for a redundancy payment falling on the Chief Constable.
Whether to waive, in whole or in part, actuarial reduction on benefits paid on flexible retirement.	R (30) (8)	The Chief Constable’s Policy is not to waive in whole or part the actuarial reduction on benefits paid unless there is a demonstrable business benefit to the organisation which would take account of costs.  Any such waives must be agreed by the Director of Support Services/ Director of HR.

3.5.10 The staff member will be notified of the decision in writing by HR. This written confirmation will also include the right to appeal this decision. All appeals will be dealt with under the Internal Disputes Resolution procedure. Appeals against a rejection of flexible retirement request should be forwarded in the first instance to the Joint Head of Pensions Services. The appeals officer for Stage 1 of the Internal Disputes Resolution procedure is the nominated Designated Scheme Manager. Stage 2 is the Administering Authority for the Local Government Pension Scheme (Essex County Council or Kent County Council).

3.5.11 Timescales are specified in the Internal Disputes Resolution Procedure available from the Joint Head of Pension Services or the Pension Administrator Essex County Council for Essex Police and Kent County Council for Kent Police.
 
3.5.12 On rare occasions, flexible retirement may be requested by a member of staff who holds two roles in the organisation (dual roles). In this instance a reduction of hours (or change in role) needs to affect both roles for eligibility in both to flexible retirement as they are unique contracts of employment with associated pension terms. Advice and guidance can be provided by local HR Advisers in these circumstances.

3.6 Police Officer Ill Health Retirement

3.6.1 The Police Pension Authority has discretion to retire a member on medical grounds providing the officer has been assessed as either permanently disabled under the 1987/ 2006 Police Pension Regulations or found to be medically unfit under the 2015 Police Pension Regulations.

3.6.2 Member benefits for ill health retirement depend on the Scheme membership. Full details are contained in the appropriate member Guides that can be obtained from our Pension Administrator, Essex County Council for Essex Police and XPS for Kent Police.

3.6.3 The Chief Constable retains the right to refuse an ill health retirement if there are alternative duties that the officer could perform and still remain in the service (taking account their overall capabilities).

3.7 Police Staff Ill Health Retirement

3.7.1 The Local Government Pension Scheme Regulations 2013 introduce a Career Average Revalued Earnings (CARE) pension scheme from 1 April 2014 in England and Wales (the 2014 Scheme).

3.7.2 Although the basic structure of a three-tier ill-health system that applied under the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (the 2008 Scheme) is retained, the conditions for entitlement to an ill health pension have changed. To qualify for an ill health pension under the 2014 Scheme, the following conditions must be satisfied:

• The member’s employment must be terminated by the employer on the grounds of ill health or infirmity of mind or body;
• At the date of termination the member must be under their Normal Pension Age in the 2014 Scheme (see definition of Normal Pension Age in paragraph 3.2.2);
• At the date of termination the member must have met the 2 year qualifying service criteria for entitlement to a benefit;
• The member must, as a result of ill health or infirmity of mind or body, be permanently incapable of discharging efficiently the duties of the employment the member was engaged in; and
• The member, as a result of ill health or infirmity of mind or body, must not be immediately capable of undertaking any gainful employment (i.e., paid employment for not less than 30 hours in each week for a period of not less than 12 months).

3.7.3 As the vesting period (i.e., the period needed to be entitled to a benefit) is increasing on 1 April 2014 from 3 months to 2 years, note that in cases where the process of ill health retirement is started before 1 April 2014, the member will not be entitled to immediate payment of ill health pension benefits if ill health retirement occurs after 31 March 2014 and, at the date of termination, the member does not meet the 2 year qualifying period for entitlement to an immediate pension. Instead, the member would only be entitled to a deferred benefit (or the choice of a refund of contributions, less the statutory deductions) but could apply to the employing Police Force to have the deferred benefit brought into payment (at an unenhanced rate). Before agreeing to such an application the employing Police Force would have to obtain a certificate from an Independent Registered Medical Practitioner as to whether the member is suffering from a condition that renders the member permanently incapable, because of ill health or infirmity of mind or body, of discharging efficiently the duties of the employment they had been engaged in and, as a result of that condition, the member is unlikely to be capable of undertaking gainful employment before reaching their Normal Pension Age, or for at least three years, whichever is the sooner.

3.7.4 If the conditions in paragraph 3.7.2 are satisfied, then the tier of ill-health retirement a member is entitled to is decided as follows:

• A member is entitled to enhanced Tier 1 benefits if that member is unlikely to be capable of undertaking gainful employment before their Normal Pension Age;
• A member is entitled to enhanced Tier 2 benefits if that member:
  a) Is not entitled to Tier 1 benefits;
  b) Is unlikely to be capable of undertaking any gainful employment within three years of leaving the employment; but
  c) Is likely to be able to undertake gainful employment before reaching their Normal Pension Age; and
• A member is entitled to unenhanced Tier 3 benefits if they are likely to be capable of undertaking gainful employment within three years of leaving the employment, or before their Normal Pension Age if earlier. Note, however, that no Tier 3 benefits can be awarded if the member has previously been awarded a Tier 3 pension under the 2008 or 2014 Schemes. In that case, the member would only be entitled to a deferred benefit but could apply to the employing Police Force to have the deferred benefit brought into payment (at an unenhanced rate). Before agreeing to such an application the employing Police Force would have to obtain a certificate from an Independent Registered Medical Practitioner as to whether the member is suffering from a condition that renders the member permanently incapable, because of ill health or infirmity of mind or body, of discharging efficiently the duties of the employment they had been engaged in and, as a result of that condition, the member is unlikely to be capable of undertaking gainful employment before reaching their Normal Pension Age, or for at least three years, whichever is the sooner.

3.7.5 Before determining whether or not a member is entitled to a Tier 1, Tier 2 or Tier 3 ill health pension, the employing Police Force must obtain a certificate from an Independent Registered Medical Practitioner (IRMP) who has not previously advised on, or given an opinion on, or otherwise been involved in the case and who has been authorised by the Pension Fund administering authority. The certificate must show:

• Whether the member, as a result of ill-health or infirmity of mind or body, is permanently incapable of discharging efficiently the duties of the employment the member was engaged in; and
• Whether the member, as a result of ill-health or infirmity of mind or body, is not immediately capable of undertaking any gainful employment; and
• How long the member is unlikely to be capable of undertaking gainful employment; and
• Where the member has been working reduced hours and has reduced pay as a consequence of the reduction in working hours, whether that member was in part-time service wholly or partly as a consequence of ill health or infirmity of mind or body.

3.7.6 Where a member is retired with a Tier 1 or Tier 2 ill health pension the amount of enhancement a member receives to their pension is calculated as follows:

• Tier 1 - the member’s pension account is adjusted by adding the equivalent of the amount of earned pension the member would have accrued between the day following the date of termination and their Normal Pension Age. This is calculated as 1/49th of assumed pensionable pay (see paragraph 7) for each year and fraction of a year in that period (regardless of whether the member is in the main section or the 50/50 section of the Scheme when their employment is terminated on ill health grounds);
• Tier 2 – the member’s pension account is adjusted by adding 25% of the Tier 1 adjustment described above.

3.7.7 It should be noted that:

• No enhancement can be added if the member has previously received a Tier 1 ill health pension under the 2014 or 2008 Schemes or has received an ill health pension under any earlier Scheme;
• The enhancement for a member entitled to a Tier 1 or Tier 2 pension is adjusted if the member has previously received a Tier 2 ill health pension under the 2014 or 2008 Schemes. The enhancement shall not exceed three quarters of the number of years between the initial ill health retirement and the member’s Normal Pension Age, less the number of years of active membership since the initial ill health retirement; and
• Members covered by regulation 20(13) of the LGPS (Benefits, Membership and Contributions) Regulations 2007 (minimum ill health enhancement for those who were active members before 1 April 2008, were aged 45 or over at that time, have been in continuous membership since then, and have not already received any benefits in respect of that membership) will continue to have a minimum benefit underpin, calculated in accordance with regulation 12(1) of the LGPS (Transitional Provisions, Savings and Amendment) Regulations 2014 [SI 2014/525].

3.7.8 Where a member is awarded a Tier 3 ill health pension:

• There is no enhancement (only the member’s accrued pension is payable);
• The member must inform the (former) employer of any employment which is commenced whilst the Tier 3 pension is in payment;
• The member must answer any reasonable enquiries made by the (former) employer about such employment including enquiries about the hours worked and pay;
• The Tier 3 pension must cease if the (former) employer determines the member is in gainful employment (being employment of 30 hours or more per week that is likely to endure for at least 12 months) or fails to answer any reasonable enquiries made by the (former) employer;
• If payment of the pension has not already ceased, the (former) employer must review payment of the Tier 3 pension after it has been in payment for 18 months and must obtain a certificate from an Independent Registered Medical Practitioner (who can be the same Independent Registered Medical Practitioner who provided the certificate for the initial Tier 3 ill health retirement) as to whether, and if so when, the member will be likely to be capable of undertaking gainful employment;
• Following an 18 month review the (former) employer may:
  o cease payment; or
  o continue payment for any period up to a total period of 3 years (or to the member’s Normal Pension, if earlier); or
  o award a Tier 2 ill health pension if the (former) employer is satisfied that the member is permanently incapable of discharging efficiently the duties of the employment the member held with the (former) employer and is either:
   Unlikely to be capable of undertaking gainful employment before their Normal Pension Age; or
   Unlikely to be capable of undertaking gainful employment within 3 years of leaving but is likely to be able to undertake such employment before reaching their Normal Pension Age.

3.7.9 When the outcome of the 18-month review is decided, the employing Police Force should inform the member and the appropriate Pension Fund administering authority of their decision.

3.7.10 It should be noted that any Tier 3 ill health pension awarded under the 2008 Scheme continues to be subject to the 2008 Scheme regulations.

3.7.11 At any time whilst a Tier 3 ill health pension is in payment the member can request that the (former) employer considers moving the member to Tier 2. The (former) employer can make a determination to move the member to Tier 2, payable from the date of the determination, if the (former) employer is satisfied, having obtained a further certificate from an Independent Registered Medical Practitioner (who can be the same Independent Registered Medical Practitioner who provided the certificate for the initial Tier 3 ill health retirement), that the member is permanently incapable of discharging efficiently the duties of the employment the member held with the (former) employer and is either:

• Unlikely to be capable of undertaking gainful employment before their Normal Pension Age, or
• Unlikely to be capable of undertaking gainful employment within 3 years of leaving but is likely to be able to undertake such employment before reaching their Normal Pension Age.

3.7.12 When payment of a Tier 3 ill health pension is ceased the member becomes a “deferred pensioner member”. That ‘suspended’ pension is payable from the member’s Normal Pension Age unless:

• The member elects to defer payment to a date no later than their 75th birthday (payable at an increased rate on account of the delayed payment in accordance with actuarial guidance issued by the Secretary of State); or
• The member elects for payment on or after age 55 and before their Normal Pension Age (reduced on account of the early payment in accordance with actuarial guidance issued by the Secretary of State, although the (former) employer can agree, at their discretion, to waive any reduction); or
• Within 3 years of the Tier 3 ill health pension ceasing, the (former) employer makes a determination to move the member to Tier 2, payable from the date of the determination, if the (former) employer is satisfied, having obtained a further certificate from an Independent Registered Medical Practitioner (who can be the same Independent Registered Medical Practitioner who provided the certificate for the initial Tier 3 ill health retirement), that the member is permanently incapable of discharging efficiently the duties of the employment the member held with the (former) employer and is either:
  o unlikely to be capable of undertaking gainful employment before their Normal Pension Age; or
  o unlikely to be capable of undertaking gainful employment within 3 years of leaving but is likely to be able to undertake such employment before reaching their Normal Pension Age; or 
  o Following a request received from the member before their Normal Pension Age, the (former) employer is satisfied, having obtained a further certificate from an Independent Registered Medical Practitioner (who can be the same Independent Registered Medical Practitioner who provided the certificate for the initial Tier 3 ill health retirement and who has been authorised by the Pension Fund administering authority), that as a result of ill health or infirmity of mind or body, the member is unlikely to be capable of undertaking gainful employment before their Normal Pension Age (in which case the ‘suspended’ pension is brought back into payment at an unenhanced rate).

3.7.13 Referral for consideration of Ill Health Retirement may be instigated by the employing Police Force, or a staff member may request that they be considered for referral. The employing Police Force will ask the Force Medical Adviser (FMA) for their view of the staff member’s suitability for referral to the Independent Registered Medical Practitioner (IRMP).

3.7.14 The employing Police Force may require a staff member’s written consent for their medical records/specialist reports, to be released by their GP.

3.7.15 If the FMA supports the referral of the staff member’s case to the IRMP then their case will be considered. The staff member may be required to attend a medical appointment with the IRMP during this process.

3.7.16 The staff member will be notified of the outcome by their line manager supported by an HR Adviser. If the outcome is that the staff member is certified as medically unfit to perform their role, and at this time if they are still attending work, they will be required to report sick with immediate effect.

3.7.17 In order to release payment of a staff member’s Ill Health Pension, the employing Police Force must firstly dismiss them on the grounds of capability and as such they will be given the option to attend a capability hearing. If the staff member is dismissed at this hearing, they will be issued with one weeks’ notice on full pay, for each complete year of service (up to a maximum of 12 weeks).

3.7.18 The employing Police Force will notify the pension provider that the staff member has been dismissed and provide them with an Ill Health Retirement Certificate, so that their pension can be released.

3.7.19 If a staff member is dissatisfied with the Tier of Ill Health Pension awarded, they can make a complaint by following the Internal Disputes Resolution Procedure (IDRP). Please refer to the following links for more details on the IDRP process:
• Internal Disputes Resolution Procedure (IDRP) Guide | Essex Pension Fund
• Kent Police Pension Fund

4.0 Equality Impact Assessment

4.1 It is recognised that the application of this protocol to those eligible to apply are likely to have a disparate impact on age as a diversity characteristics.

4.2 This protocol has been assessed with regard to its relevance to age diversity equality. As a result of this assessment the protocol has been graded as having a low potential impact. This rationale is based on the supportive and informative nature of the protocol, the link to relevant legislation and the removal of all references to compulsory retirement ages. This is particularly relevant now Compulsory Retirement ages have been removed.

5.0 Risk Assessment

5.1 There is no specific risk assessment or health and safety consideration thought relevant to the content of this protocol.

5.2 Officers and members of police staff engaged with this process must remain aware that they must follow the protocol correctly, otherwise the risk to the organisation of a possible employment tribunal claim could present.

5.3 A failure to fully adopt the principles set out in this protocol could have a detrimental effect upon the reputation of the organisation.

6.0 Consultation

6.1 The following were invited to consult during the formulation of this document:
• Unison
• Police Federation
• Equality and Diversity Co-ordinator
• Health & Safety
• Strategic Change Team
• PSD Superintendent
• Policy/Risk
• Superintendents
• Corporate Finance
• Health Services
• Head of Pension Services

7.0 Monitoring and Review

7.1 This protocol is due for formal review every 2 years. In the interim period the protocol will be reviewed as necessary, particularly as a result of changes in legislation, case law, best practice and other relevant guidance (such as ACAS).

8.0 Governing force policy

Related force policies or related procedures (Essex) / linked standard operating procedures (Kent)

8.1 This HR protocol supports the overarching HR policy L1.
• L 11010 Protocol - Returners Scheme - Police Officers.

8.2 Data Security

8.2.1 Essex Police and Kent Police have measures in place to protect the security of data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

8.3 Retention & Disposal of Records

8.3.1 Essex Police and Kent Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

8.3.2 We will only hold data for as long as necessary for the purposes for which we collected.

9.0 Other source documents, e.g., legislation, Authorised Professional
Practice (APP), Force forms, partnership agreements (if applicable)

• Local Government Pension Scheme Regulations
• Police Pension Regulations 1987
• Police Staff Council Handbook
• Essex Police Pensions Discretionary Decisions
• Kent Police Pensions Discretionary Decisions