Royal Ulster Constabulary Reserve (Full-time) Pensions (Amendment) Regulations 1997

Regulation 5(2)

SCHEDULE Schedule to be substituted for the Schedule to the Principal Regulations

Regulation 4

“SCHEDULE Modification of Provisions applied to Reserve Members

Modification of dates in the Pensions Regulations

Where any of the provisions listed in column 1 below contains a reference to a date specified in column 2 below, in the application of that provision to reserve members there shall be substituted the date specified in column 3 below—

Column 1	Column 2	Column 3
Provision	Original date	Substituted date
Regulation A5(3)	5th April 1961	1st July 1994
Regulation A16(1)	5th July 1972	1st July 1994
Regulation F6	1st April 1972	1st July 1994
Regulation F8(1)(a)	1st April 1972	1st July 1994
Regulation F8(3A)	6th April 1988	1st July 1994
Regulation F9(1)(a)	1st January 1986	1st July 1994
Regulation G1(1A)	31st May 1989	1st July 1994
Regulation G4(1) and (3)	6th April 1988	1st July 1994

Other modifications

Part A

Part A shall have effect as if—

(a) in regulation A8 (reckoning of service for purposes of awards) in paragraph (2)(b) there were inserted after the words “transfer value” the words “or a certificate which has been furnished under regulation F7A(2)”;

(b) in regulation A9 (aggregate pension contributions for purposes of awards) in paragraph (1) the words from “otherwise” to “armed forces” were omitted;

(c) for regulation A14 (transfers) there were substituted the following regulation—

“A14.— (1) A reference in these regulations to a reserve member transferring to a police force in Great Britain shall be construed as a reference to his ceasing to be a reserve member and being recruited as a regular policeman into a police force in Great Britain.

(2) A reference in these regulations to a reserve member having transferred from a police force in Great Britain shall be construed as a reference to his having ceased to be a regular policeman in Great Britain and his having been recruited as a reserve member.”; and

(d) in regulation A17 (compulsory retirement on grounds of efficiency of the force) in paragraph (1) the words from “of such an amount” to “pension) or” were omitted.

Part B

Part B shall have effect as if—

(a) in regulation B5 (member’s deferred pension) in paragraph (2)(a) there were inserted after the words “transfer value” the words “under regulation F8 or F9”;

(b) in regulation B6 (award by way of repayment of aggregate pension contributions) in paragraph (1)(a) there were inserted after the words “transfer value” the words “under regulation F8 or F9”; and

(c) in regulation B8 (commutation — small pensions) in paragraph (1) there were substituted for the words “does not exceed £140” the words ***here there is a surplus opening quote*** does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 3 to the Social Security Pensions (Northern Ireland) Order 1975(1).

Part E

Part E shall have effect as if—

(a) in regulation E4 (gratuity in lieu of widow’s pension) in paragraph (3) there were substituted for the words “does not exceed £104” the words “does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 3 to the Social Security Pensions (Northern Ireland) Order 1975,”; and

(b) in regulation E8 (increase of widow’s pension or child’s allowance during first 13 weeks)—

(i) in paragraph (2)(a) there were substituted for the words “pensionable pay” the words “relevant emoluments”; and

(ii) there were inserted after paragraph (2) the following paragraph—

“(2A) For the purposes of paragraph (2)(a) a reserve member’s relevant emoluments for a week are—

(a) his pensionable pay for the week, and

(b) so much as is attributable to the week of any allowances to which he was entitled under Part II of Schedule 10 to the Royal Ulster Constabulary Reserve (Full-time) (Appointment and Conditions of Service) Regulations 1996(2).”.

Part F

Part F shall have effect as if—

(a) the following regulations were substituted for regulations F1, F2, F3 and F5 respectively—

“Reckoning of pensionable service

F1.— (1) The pensionable service reckonable by a member of the Royal Ulster Constabulary Reserve (hereinafter called “the reserve force”) appointed on a full-time basis (hereinafter called “a reserve member”) at any date (in these regulations referred to as the “relevant date”) shall be determined in accordance with the succeeding provisions of this Part:

Provided that there shall not be reckonable by a reserve member—

(a) any period of unpaid maternity leave granted in the case of a woman reserve member in respect of which the conditions specified in paragraph (2) are not satisfied;

(b) any period of unpaid leave, other than maternity leave.

(2) The conditions referred to in sub-paragraph (a) of the proviso to paragraph (1) are that the person concerned—

(a) serves as a reserve member throughout a period of 6 months commencing with the date of return to duty at the end of a period of maternity leave which includes the period of unpaid maternity leave in question; and

(b) within 6 months of that date pays to the Police Authority a sum equal to the sum of the pension contributions which would have been payable for the period of unpaid maternity leave in question had it not been granted.

Current service

F2.   Subject to the provisions of these regulations, there shall be reckonable by a reserve member in respect of his service in the reserve force, being service since he last joined or rejoined the reserve force before the relevant date, all such service on or after 1st July 1994:

Provided that no period of service shall be reckonable by a reserve member during which pension contributions were not payable by him under regulation G2(1) and in respect of which no payment has been made under regulation F1(2).

Previous service reckonable without payment

F3.   There shall be reckonable by a reserve member as pensionable service, where he previously retired with an ill-health pension and that pension was terminated in whole or in part under regulation K1, any period of pensionable service reckonable by him at the time he retired.

Previous service reckonable on payment

F5.— (1) Subject to regulation F8(4) (interchange arrangements), there shall be reckonable by a reserve member as pensionable service, in the circumstances specified in this regulation, the periods so specified before he last joined or rejoined the reserve force before the relevant date, subject, in the case of any such period, to his having applied to the Police Authority, within 3 months from the date when he last joined or rejoined the reserve force (or such longer period as the Police Authority may allow in the circumstances of his case), to have the period so reckoned and to his having made to the Police Authority the appropriate payment.

(2) Where before the relevant date a reserve member retired from the reserve force without a pension—

(a) the period shall be any period of pensionable service reckonable by him at the time he retired, and

(b) the appropriate payment shall be an amount equal to any gratuity or return of pension contributions, as the case may be, which he may have received on his retirement.

(3) Where before the relevant date he retired with a deferred pension but has relinquished his entitlement thereto by written notice given to the Police Authority for the purposes of this regulation, paragraph (2) shall have effect as though he had retired without a pension.”;

(b) in regulation F7 (transfer values payable on transfer from the force to a police force in Great Britain) in paragraph (1) there were inserted after the words “shall apply where” the words “, before 31st March 1996,”;

(c) after regulation F7 there were inserted the following regulation—

“Police Authority to provide certificate of the amount of pensionable service giving entitlement to pension

F7A.— (1) This regulation shall apply where, on or after 31st March 1996, a reserve member has left the reserve force and joined a police force in Great Britain and the police authority for that force (hereafter in this regulation referred to as “the current police authority”) is contingently liable to make payments to or in respect of him under any legislation for the time being in force relating to the pensions of members of police forces in Great Britain.

(2) Where this regulation applies the Police Authority shall furnish the current police authority with a certificate stating—

(a) the amount of the pensionable service which the reserve member to whom this regulation applies is entitled to reckon by reason of previous service in the reserve force or in the Royal Ulster Constabulary or in a police force in Great Britain, including such service reckonable under regulations F3, F5 and F6, and

(b) whether or not that reserve member has, at the time of leaving service in the reserve force, made an election under regulation G4(1) (election not to pay pension contributions).

(3) On the acceptance of a certificate under paragraph (2) by the current police authority, any entitlement of a reserve member to whom this regulation applies to an award from the Police Authority shall cease to have effect.

(4) The Police Authority shall furnish a reserve member to whom this regulation applies with a copy of the certificate furnished under paragraph (2) together with a description of the effect of paragraph (3).”; and

(d) in regulation F8 (transfer values payable under interchange arrangements)—

(i) in paragraph 2(a) there were substituted for the words “a transfer value is” the words “a transfer value before 31st March 1996 was”; and

(ii) at the end of paragraph (2) there were inserted the following—

“; or

(c) in respect of whom a certificate under regulation F7A(2) has been furnished”.

Part J

Part J shall have effect as if in regulation J1 (member with a guaranteed minimum for the purposes of the Social Security Pensions (Northern Ireland) Order 1975)—

(a) in paragraph (4A) the words “or has died on or after 6th April 1988” were omitted;

(b) in paragraph (7) for the words “does not exceed £104” there were substituted the words “does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 3 to the Social Security Pensions (Northern Ireland) Order 1975,”.”

(1)

S.I. 1975/1503 (N.I. 15)

(2)

S.R. 1996 No. 564