The Police Pensions Regulations (Northern Ireland) 2015

Reduction of benefits where annual allowance charge paid by scheme managerN.I.

This adran has no associated Memorandwm Esboniadol

219.—(1) This regulation applies where—

[F1(a)a member gives a valid notice to the scheme manager

(i)of joint and several liability to an annual allowance charge under section 237B of the 2004 Act, or

(ii)of liability to an annual allowance charge in accordance with regulation 219A: and]

(b)the scheme manager satisfies the liability specified in the notice.

(2) The amount or value of the benefits payable to or in respect of the member for the tax year to which the notice relates must be reduced by the scheme manager in accordance with paragraph (3).

(3) Subject to paragraph (4), the amount or value of the reduction of benefits—

(a)must fully reflect the amount paid by the scheme manager; and

[F2(aa)in the case to which paragraph (1)(a)(ii) applies, where the liability has arisen in relation to more than one police pension scheme, must be proportionate to the part of that liability which relates to this scheme; and]

(b)must be consistent with normal actuarial practice.

(4) Benefits may only be reduced under this regulation to the extent that the reduction would not result in the loss of any part of a guaranteed minimum pension to which a person is entitled under sections 10 (earner's guaranteed minimum) or 13 (minimum pension for surviving spouses and civil partners) of the 1993 Act.

[F3(5) In this regulation—

“tax year” means a period of one year which is the period of assessment for income tax purposes.]

Textual Amendments

F3Reg. 219(5) inserted (with effect in accordance with reg. 2(c) of the amending Rule) by The Police Pensions (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/38), regs. 2, 41