ACPO appointments: age criteria in regulations for retirement

Report: 5
Date: 17 October 2002
By: Clerk

Summary

This report clarifies the provisions of the regulations regarding age requirements for the retirement of ACPO rank police officers. The effect of the Police (Amendment) Regulations 1995 is to create, nationally, consistency in the age of retirement.

A. Recommendations

1. That Members note this information.

B. Supporting information

1. The ‘rules’ for the retirement age of ACPO rank officers, which in the MPS are Commander, Deputy Assistant Commissioner and Assistant Commissioner, are contained in:

• Regulation A18 The Police Pensions Regulations 1987; and
• Regulations 13A and B The Police (Amendment) Regulations 1995.

2. The Police Pensions Regulations 1987 indicate the earliest retirement ages (this applies to all ranks of police officers) as:

• age 50 if the member has 25 year’s service; or
• before 50 if the member has 30 year’s pensionable service

The earliest age at which an officer can retire, on a full pension, is 48 1/2 years assuming he/she joined at 18 1/2 years.

3. The Police Pensions Regulations 1987 (Regulation A18) indicates compulsory retirement ages for ACPO ranks but differentiates between MPS officers and officers in other forces 

4. On the face of it, there is a difference in treatment and rules between MPS ACPO officers and ACPO colleagues in other forces. However, the above regulations must be read together with the Police (Amendment) Regulations 1995 which introduced fixed term appointments for ACPO officers. The majority of ACPO appointments, nationally, are made on the basis of a fixed term appointment.

5. Under the 1995 regulations, a police authority may appoint an ACPO rank officer for a maximum of 10 years, 7 in the case of an Assistant Commissioner, or a period coinciding with the appointee’s 55th birthday (whichever is shorter). This is the ‘maximum’ fixed term appointment.

6. A police authority can apply to the Home Office to extend a ‘maximum’ fixed term appointment by a single period of one year. This option may be exercised twice. Very generally this would take an officer from age 55 to 57 i.e. the compulsory retirement age for Commanders and DACs. The overall effect of the 1995 Regulations is that ACPO officers will generally retire by age 57. The inconsistencies in treatment and rules, in respect of retirement ages for ACPO officers in the MPS compared to those in other forces is removed by the 1995 regulations.

7. Members may wish to note that the Police (Amendment) (No2) Regulations 2002 will allow police authorities to apply to the Home Office to extend a ‘maximum’ fixed term appointment by up to 3 years. The Regulations are currently in draft and enactment is scheduled for late November 2002. 

C. Equal opportunities and diversity implications

The police regulations apply in the same way to all officers.

D. Financial implications

There are no financial implications.

E. Background papers

None.

F. Contact details

Report author: Graham Spencer, HR, MPA.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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