THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

2.  For regulation 3 substitute the following— N.I.

“3.— (1) For the purposes of calculating an award to or in respect of a member of the police service his pensionable pay shall be calculated—

(a) in a case where his pension contributions were payable under regulation G2 of the 1988 Regulations, in the same way as if the award were one payable under the 1988 Regulations, in accordance with regulation G1(1) and (1A) of those Regulations;

(b) in a case where his pension contributions were payable under regulation 5 of the 2009 Regulations, in the same way as if the award were one payable under the 2009 Regulations, in accordance with regulation 20 of those Regulations.

(2) For the purposes of calculating an award to or in respect of a member of a police force his average pensionable pay shall be calculated—

(a) in a case such as is mentioned in paragraph (1)(a), in the same way as if it were an award payable under the 1988 Regulations, in accordance with regulation G1(2) to (7) of those Regulations, and as if—

(i) the relevant date for the purposes of that regulation were the date of his last day of service as a police officer, and

(ii) the provisions specified in paragraph 4(4) of Part VI of Schedule J (part-time service) to the 1988 Regulations included the following provisions of these Regulations, that is to say regulations 12(2) and (3) (amount of adult survivor’s special award), 13(2)(a) (amount of adult survivor’s augmented award) and 16(3), (4), (5) and (6) (amount of child’s special allowance), and paragraphs 1, 2 and 4 of Schedule 5 (adult dependent relative’s special pension);

(b) in a case such as is mentioned in paragraph (1)(b), in the same way as if it were an award payable under the 2009 Regulations, in accordance with regulation 22 of those Regulations, and as if—

(i) the period of twelve months mentioned in regulation 22(1) of those Regulations were the period of twelve months ending with the date of his last day of service as a police officer and

(ii) the provisions specified in regulation 22(4) of the 2009 Regulations (average pensionable pay) included the provisions of these Regulations mentioned in sub-paragraph (a)(ii).

(3) For the purposes of an award calculated in accordance with paragraphs (1) and (2) references in such provisions of the 1988 Regulations or, as the case may be, of the 2009 Regulations as are mentioned in those paragraphs to a person’s pensionable service shall in the case of a police officer who has made an election under regulation G4(1) of the 1988 Regulations or, as the case may be, regulation 7(1) of the 2009 Regulations include references to the pensionable service which would have been reckonable by him if he had not made such an election.

(4) For the purposes of calculating an award to or in respect of a police officer his aggregate pension contributions shall be calculated—

(a) in a case where his pension contributions were payable under regulation G2 of the 1988 Regulations, in the same way as if it were an award payable under the 1988 Regulations, in accordance with regulation A9 of those Regulations;

(b) in a case where his pension contributions were payable under regulation 5 of the 2009 Regulations, in the same way as if it were an award payable under the 2009 Regulations, in accordance with regulation 23 of those Regulations.”

Commencement Information

I1 Sch. 5 para. 2 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)