The Police Service of Northern Ireland Pensions (Amendment) Regulations 2006

Surviving spouses' and children’s awards and awards on death

14.—(1) Paragraph 4 of Part VI of Schedule J (part-time service) is amended as follows.

(2) After sub-paragraph (2) there is inserted—

“(3) Sub-paragraph (2) does not apply for the purposes of the provisions specified in sub-paragraph (4), and for the purposes of those provisions the average pensionable pay of such a member is given by the formula—

where—

P is the amount that the average pensionable pay would be if sub-paragraph (2) applied,

R is the period in years of his pensionable service, and

Q is the period that would be the period in years of his pensionable service if periods of part-time service were reckonable as periods of full-time service.

This is subject to sub-paragraph (5).

(4) The provisions referred to in sub-paragraph (3) are—

(a) regulation C2(2)(b) (amount of widow’s special award),

(b) regulation C3(2)(a) (amount of widow’s augmented award),

(c) regulation C6(3) (amount of widow’s requisite benefit and temporary pension).

(d) regulation C7(2)(b) (widow’s award where no other award payable),

(e) paragraph 1(1)(b) of Part I of Schedule C (widow’s ordinary pension),

(f) paragraph 1 of Part II of Schedule C (widow’s special pension),

(g) paragraph 2(a)(ii) of Part IV of Schedule C (widow’s pension in case of post-retirement marriage),

(h) paragraph 1 of Part V of Schedule C (widow’s requisite benefit pension),

(i) paragraphs 1 and 2 of Part II of Schedule D (child’s special allowance), and

(j) paragraphs 1, 2 and 4 and Part I of Schedule E (dependent relative’s special pension).

(5) If in a case where any of a member’s service by virtue of which his pensionable service is reckonable was part-time service, an award calculated in accordance with sub-paragraphs (3) and (4) would be less than it would have been if he had become entitled to it at an earlier date, then that greater amount shall be substituted for it.

(6) If in a case where—

(a) any of a former member’s service by virtue of which his pensionable service is reckonable was part-time service, and

(b) that member has ceased to serve by the date on which the Police Service of Northern Ireland Pensions (Amendment) Regulations 2006 came into operation,

an award calculated in accordance with sub-paragraphs (3) and (4) would be less than it would have been if those Regulations had not been made, then that greater amount shall be substituted for it.

(7) If in a case where any of a member’s service by virtue of which his pensionable service is reckonable is part-time before the date on which the Police Service of Northern Ireland Pensions (Amendment) Regulations 2006 came into operation, an award calculated in accordance with sub-paragraphs (3) and (4)(c) to (e), (g) or (h) would be less than it would have been if those Regulations had not been made, that greater amount shall be substituted for it.

(8) For the purposes of an award calculated in accordance with sub-paragraphs (3) and (4)(a), (b), (f), (i) or (j), references in sub-paragraphs (3), (5), (6) and (7) to a person’s pensionable service shall in the case of a member who has made an election under regulation G4(1) include references to the pensionable service which would have been reckonable by him if he had not made such an election.”.