The Police Service of Northern Ireland Pensions (Amendment No. 2) Regulations 2007

Regulation 2

SCHEDULE AMENDMENT OF THE ROYAL ULSTER CONSTABULARY PENSIONS REGULATIONS 1988

PART 1

1.  In regulation A9(2)(h) (aggregate pension contributions for purposes of awards) after the words “unpaid maternity leave” there shall be inserted the words “or unpaid parental leave”.

2.—(1) After regulation F1(1)(d) (reckoning of pensionable service) there shall be inserted—

“(da) any period of unpaid parental leave taken after 13th January 2006 in respect of which the conditions specified in paragraph (1B) are not satisfied;”

(2) In regulation F1(3) after the words in “sub-paragraph (c)” there shall be inserted the words “and (da)”.

(3) In regulation F1(3)(a) after each occurrence of the word “maternity” there shall be inserted the words “or parental”.

(4) In regulation F1(3)(b) after each occurrence of the words “unpaid maternity leave” there shall be inserted the words “or unpaid parental leave”.

3.  In regulation F9(2)(b) (transfer values payable following cessation of contributions) for the words “2 years' pensionable service” there shall be substituted “3 months' pensionable service”.

4.  In regulation G1(3) (pensionable and average pensionable pay) for the words “sick leave or maternity leave” there shall be substituted the words “sick leave, maternity leave or parental leave”.

5.  In Schedule A (glossary of expressions)—

(a) for the definition “maternity leave” there shall be substituted the following definition—

““maternity leave” means leave taken in accordance with a determination under regulation 32(7) of the Police Service of Northern Ireland Regulations 2005(1);”

(b) after the definition “normal benefit age” there shall be inserted the following definition—

““parental leave” means leave granted in accordance with regulation 32(8) of the Police Service of Northern Ireland Regulations 2005;”.

PART 2

6.  In regulation F3 (previous service reckonable without payment) sub-paragraph (1)(c) shall be omitted.

7.  In regulation F7A (Northern Ireland Policing Board to provide certificate of the amount of pensionable service giving entitlement to pension)—

(a) for paragraph (1) there shall be substituted—

(1) This regulation shall apply where, on or after 31st March 1996, a member—

(a) by reason of previous service in a police force in Great Britain becomes entitled to reckon pensionable service either—

(i) by virtue of regulation F3(1)(a), or

(ii) by virtue of regulation F5 in the circumstances mentioned in paragraph (2) of that regulation (including that paragraph as it has effect by virtue of paragraph (3) thereof), or

(b) has left the Police Service of Northern Ireland and joined a Great Britain police force and the Great Britain force is contingently liable to make payments to him under the police pensions legislation for England and Wales or Scotland.”; and

(b) sub-paragraph (5)(b) shall be omitted.

8.  Regulation J3A (transfers to the National Criminal Intelligence Service or the National Crime Squad: prevention of duplication of entitlement) shall be omitted.

9.  For regulation K4(1) (withdrawal of pension during service as a policeman) there shall be substituted—

“(1) Subject to paragraph (2), the Northern Ireland Policing Board may, in respect of a pension payable under Part B, in its discretion, withdraw the whole or any part of the pension for any period during which the pensioner is serving as—

(a) a member, or

(b) a member of the Police Service of Northern Ireland Reserve as defined in section 1(3) of the Police (Northern Ireland) Act 2000 Act(2) appointed on a full-time basis, or

(c) a regular policeman in Great Britain,

save that such withdrawal shall not apply to any pension credit under Part N; and, where it has done so, it shall be discharged from all actual or contingent liability in respect of the pension or the part thereof withdrawn for the period in question.”

10.  In Schedule A (glossary of expressions) the definitions “NCIS” and “NCS” shall be omitted.

PART 3

11.—(1) In paragraph (c) of the proviso to regulation F1(1) (reckoning of pensionable service during maternity leave) for the words “14 weeks” there are substituted the words “18 weeks” in relation to any period of maternity leave falling on or after 15 December 1999 and ending on 5th April 2003 (both dates inclusive).

(2) In paragraph (c) of the proviso to regulation F1(1) (reckoning of pensionable service during maternity leave) for the words “18 weeks” there are substituted the words “26 weeks” in relation to any period of maternity leave falling on or after 6th April 2003.

(3) Sub-paragraph (1) has effect in relation to any period of maternity leave falling on or after 15th December 1999 and ending on 5th April 2003 (both dates inclusive) and sub-paragraph (2) has effect in relation to any period of maternity leave falling on or after 6th April 2003.

PART 4

12.  In paragraphs (1) and (2) of regulation H5 for “Department” there shall be substituted “Secretary of State”.

(1)

S.R. 2005 No. 547

(2)

2000 c. 32