Former Pc Simon Harwood will keep his police pension despite being sacked for gross misconduct.
Metropolitan Police Deputy Assistant Commissioner Maxine de Brunner said because he has not been convicted of a criminal offence he can claim the payouts when he reaches the eligible age.
She said: "Simon Harwood will retain his pension when he reaches pensionable age. I'm unable to remove his pension because he has not been convicted of a criminal offence."
Ms de Brunner said it was "certainly worth debating" whether the rules should be changed.
Speaking outside the disciplinary hearing at a police building in west London, she said: "We must remember on April 1, 2009 Ian Tomlinson lost his life. I take full responsibility for Simon Harwood and I would like to offer my sincere apologies and condolences to his family.
"Today's hearing has resulted in the maximum penalty that was ever available to the panel - dismissal due to gross misconduct. That leaves no ambiguity as to how the Met views the actions of Simon Harwood."
She said that the force had already offered a sum of damages to the Tomlinson family and was in litigation with them.
Ms de Brunner went on: "The detailed evidence in this case has been heard in public at both the inquest and the criminal trial. The panel's role today was to decide whether Simon Harwood had committed gross misconduct and if so what the appropriate outcome would be. It has taken less than a day to make the decision that he should be dismissed without notice.
"All police officers are accountable for their actions whatever the situation.
"Simon Harwood does not reflect the professionalism of the majority of officers working in public order in the most difficult circumstances.
"I have never seen a case like this in my entire career in the police service so I think I can be pretty confident that my officers are professional at all times."