THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation, commencement and revocation

   2. 2. Meaning of certain expressions and references – general provision

   3. 3. Disablement

3. PART 2 ELIGIBILITY FOR PENSION AWARDS, PENSIONABLE SERVICE AND RETIREMENT

   1. Eligibility for pension awards

      1. 4. Application of Regulations

      2. 5. Pension contributions payable by police officers

      3. 6. Eligibility for pension awards payable on the ground of permanent disablement

      4. 7. Election not to pay pension contributions

   2. Pensionable service

      1. 8. Reckoning of pensionable service

      2. 9. Previous service reckonable without payment

      3. 10. Previous service reckonable on payment

      4. 11. Reckoning of part-time service

      5. 12. Service reckonable by reason of transfer value

      6. 13. Reckoning of service for purposes of awards

   3. Retirement

      1. 14. Retirement

      2. 15. Voluntary retirement

      3. 16. Compulsory retirement on account of age

      4. 17. Compulsory retirement on the ground of efficiency of the police service

      5. 18. Compulsory retirement on the ground of disablement

      6. 19. Effective date of retirement

4. PART 3 PENSIONABLE PAY AND CONTRIBUTIONS

   1. 20. Pensionable pay

   2. 21. Final pensionable pay

   3. 22. Average pensionable pay

   4. 23. Aggregate pension contributions for purposes of repayment

5. PART 4 PENSION AWARDS

   1. Personal pensions

      1. 24. Police officer’s ordinary pension

      2. 25. Calculation of ordinary pension

      3. 26. Police officer’s ill-health pension

      4. 27. Calculation of standard ill-health pension

      5. 28. Calculation of enhanced top-up ill-health pension

      6. 29. Police officer’s deferred pension

      7. 30. Early payment of deferred pension subject to actuarial reduction

      8. 31. Repayment of aggregate pension contributions

      9. 32. Deduction of tax from awards under regulation 7(4) or 31

      10. 33. Pension debit members - personal awards

      11. 34. Exchange of lump-sum for additional periodical payments

      12. 35. Commutation of small pension for lump-sum

   2. Survivors’ pensions

      1. 36. Survivors’ pensions - general provision

      2. 37. Survivors

      3. 38. Calculation of adult survivors’ pensions

      4. 39. Calculation of child survivors’ pensions

   3. Guaranteed minimum pension

      1. 40. Guaranteed minimum pension for the purposes of the Pension Schemes (Northern Ireland) Act 1993

   4. Awards on death - additional provisions

      1. 41. Death gratuities - dependants

      2. 42. Death gratuity - estate

      3. 43. Lump-sum death grant

      4. 44. Nomination for lump-sum death grant

      5. 45. Pension debit members – awards on death

      6. 46. Prevention of duplication

      7. 47. Increase of awards by reference to the Pensions (Increase) Acts

   5. Revision and withdrawal or forfeiture of awards

      1. 48. Review and cancellation of pensions payable on the ground of permanent disablement

      2. 49. Withdrawal of pension during service as a police officer

      3. 50. Reduction of pension in case of default

      4. 51. Withdrawal of early payment of deferred pension

      5. 52. Forfeiture of pension

6. PART 5 PURCHASE OF INCREASED BENEFITS

   1. 53. Election to purchase increased benefits

   2. 54. Acceptance and effect of elections

   3. 55. Lump-sum payments

   4. 56. Payment by periodical contributions

   5. 57. Reckoning of increased benefits

7. PART 6 PENSION SHARING: PENSION CREDIT MEMBERS

   1. 58. Pension credit member’s entitlement to pension

   2. 59. Commutation of the pension credit benefit on the ground of serious ill-health

   3. 60. Death grants where pension credit member dies before pension credit benefits payable

   4. 61. Application of general regulations

8. PART 7 MEDICAL QUESTIONS AND APPEALS

   1. Eligibility for awards – general

      1. 62. Eligibility for awards - general

   2. Appeals

      1. 63. Appeals

      2. 64. Limitations on appeals

   3. Decisions on eligibility for pension awards payable on the ground of permanent disablement

      1. 65. Reference to selected medical practitioner - eligibility for pension awards payable on the ground of permanent disablement

      2. 66. Appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement

   4. Medical questions - permanent disablement

      1. 67. Reference of medical questions - permanent disablement

      2. 68. Appeal to independent medical referee

      3. 69. Further reference to medical authority

      4. 70. Procedure and costs on appeals under regulation 68

      5. 71. Refusal to be medically examined

9. PART 8 TRANSFER VALUES, PAYMENT, ETC

   1. Interpretation

      1. 72. Interpretation - transfers

   2. Certificates of pensionable service on transfer between forces or rejoining the police service

      1. 73. Certificates of pensionable service

   3. Transfer values payable on leaving the police service or ceasing to make pension contributions

      1. 74. Transfer values payable on leaving the police service or ceasing to make pension contributions

      2. 75. Prohibition on accepting or paying transfer values for pension credit rights

   4. Mis-sold pensions

      1. 76. Mis-sold pensions

   5. Payment of awards

      1. 77. Board responsibility for payment of awards

      2. 78. Payment and duration of awards

      3. 79. Payment of awards otherwise than to beneficiary and application of payments

      4. 80. Payment on behalf of officers of lifetime allowance charge

      5. 81. Reduction of benefits where lifetime allowance charge payable

10. PART 9 SPECIAL CASES

    1. Servicemen

       1. 82. Interpretation

       2. 83. Awards to servicemen

       3. 84. Survivors’ awards on death of servicemen

       4. 85. Prevention of duplication

       5. 86. Application of regulations 41, 42 and 43

       6. 87. Servicemen who do not resume service in the police service

       7. 88. Pensionable service and pension contributions

    2. Former members of police force in Great Britain

       1. 89. Former members of a police force in Great Britain

    3. Members of the Police Service of Northern Ireland transferring to a police force in Great Britain

       1. 90. Members of the Police Service of Northern Ireland transferring to a police force in Great Britain

    4. Members of the Police Service of Northern Ireland Reserve (Full-time)

       1. 91. Members of the Police Service of Northern Ireland Reserve (Full-time)

       2. 92. Amendment of the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006

11. Signature

12. 1. SCHEDULE 1

       GLOSSARY OF EXPRESSIONS

    2. SCHEDULE 2

       APPLICATION OF REGULATIONS TO OFFICERS TO WHOM REGULATION 4(2) AND (3) APPLIES

       1. 1. This paragraph applies to a police officer to whom these...

       2. 2. This paragraph applies to a police officer to whom these...

       3. 3. This paragraph applies to a police officer to whom these...

       4. 4. An officer to whom paragraph 3 applies may, instead of...

       5. 5. An election under paragraph 4 shall be made by the...

       6. 6. An officer to whom paragraph 1 applies may elect to...

       7. 7. An election under paragraph 6 shall be made by the...

       8. 8. Subject to the following provisions of this Schedule, where a...

       9. 9. The pensionable service reckonable by an officer—

       10. 10. In the case of a police officer to whom paragraph...

       11. 11. In the case of a police officer to whom paragraph...

       12. 12. A police officer to whom these Regulations apply by virtue...

       13. 13. In the case of— (a) an officer to whom regulation...

       14. 14. References in the foregoing paragraphs to retirement with an entitlement...

    3. SCHEDULE 3

       TRANSFER ELECTIONS UNDER REGULATION 4(8)

       1. 1. Where a police officer wishes to make a transfer election...

       2. 2. A transfer election made in accordance with regulation 4(8) within...

       3. 3. A police officer who makes such a transfer election shall,...

       4. 4. As from the date on which a police officer’s transfer...

       5. 5. As from the date on which such a transfer election...

       6. 6. For the purposes of paragraph 5, the total pensionable service...

       7. 7. In paragraph 6— (a) “age next birthday at the notional...

       8. 8. (1) A police officer to whom— (a) regulation 4(2)(a)(iv) or...

       9. 9. In the case of a police officer who, after making...

       10. 10. In the case of a police officer whose transfer election...

       11. 11. In the case of a police officer who had allocated...

       12. 12. As from the date on which a transfer election made...

       13. 13. In relation to a police officer who makes a transfer...

       14. 14. A police officer by whom pension contributions are payable under...

       15. 15. A provisional declaration made in accordance with paragraph 14 shall,...

       16. 16. In the case of a police officer—

       17. 17. (1) If a police officer is ineligible for pension awards...

       18. 18. (1) This sub-paragraph applies to a police officer who has...

    4. SCHEDULE 4

       PROGRESSIVE MEDICAL CONDITIONS

    5. SCHEDULE 5

       AMENDMENT OF THE POLICE SERVICE OF NORTHERN IRELAND AND POLICE SERVICE OF NORTHERN IRELAND RESERVE (INJURY BENEFIT) REGULATIONS 2006

       1. 1. The Police Service of Northern Ireland and Police Service of...

       2. 2. For regulation 3 substitute the following— (1) For the purposes of calculating an award to or...

       3. 3. For regulation 11(3) substitute the following— (3) For the purposes...

       4. 4. In regulation 12(2)(b)(ii) after “the 1988 Regulations ” insert “or,...

       5. 5. In regulation 20(2) after “the 1988 Regulations” insert “or, as...

       6. 6. In regulation 21— (a) in paragraph (1) after “the 1988...

       7. 7. In regulation 23(5) after “the 1988 Regulations ” insert “or...

       8. 8. In regulation 25— (a) in paragraph (1) after “the 1988...

       9. 9. In regulation 26— (a) in paragraph (1)(a) after “the 1988...

       10. 10. In regulation 27— (a) in paragraph (1)(b) after “the 1988...

       11. 11. In regulation 29(2)— (a) after “regulation H1(2) of the 1988...

       12. 12. In regulation 35— (a) in paragraph (2) after “the 1988...

       13. 13. In regulation 38 after paragraph (4) insert the following paragraph—...

       14. 14. In Schedule 1, at the appropriate place insert— “the 2009...

       15. 15. In Schedule 3— (a) in paragraph 5 after “the 1988...

13. Explanatory Note