The Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) (Amendment) Regulations 2021

Police officers injury award

18.  In Schedule 3 (police officers injury award)(1)—

(a) In paragraph 1(b) after “police officer” insert “ who is not eligible to be a member of the 2015 scheme other than as a transition member with continuity of service,”;

(b) After paragraph 1(b) insert—

“(c) in the case of a police officer who is eligible to be a member of the 2015 scheme but who is not eligible to be a transition member with continuity of service, any of those service by virtue of which that officer’s pensionable service is reckonable was part-time, the amount given by multiplying the amount;

(d) in sub-paragraph (c) the appropriate proportion is calculated as follows—

(i) Step 1: For each year of pensionable service, divide he officer’s pensionable pat received by the full-time equivalent pay,

(ii) Step 2: For any part year of pensionable service ,divide the officer’s pensionable pay received by the pensionable pay equivalent to the full-time pensionable pay that an officer would have received for working the same part of the year in question,

(iii) Step 3: Add the sums obtained in Steps 1 and 2,

(iv) Step 4: Divide the total obtained in Step 3 by the number of years of pensionable service involved;

(e) in sub-paragraph (d)—

(i) the reference to “ full-time equivalent pensionable pay” in Steps 1 and 2 is to be read as a reference to “ pensionable pay” for any year or part year in which the officers pensionable service was full-time, and

(ii) “pensionable service” means a period of pensionable service under the 2015 scheme;”.

(c) In paragraph 3(b) after “police officer” insert “who is not a member of the 2015 scheme”;

(d) After paragraph 3(b)insert—

“(c) in the case of a police officer who is eligible to be a member of the 2015 scheme, but who is not eligible to be a transition member with continuity of service any of whose service by which that officer’s pensionable service is reckonable was part-time, the amount given by multiplying the amount that the officer’s minimum income guarantee would be if all the service were full time service by the appropriate proportion calculated in accordance with paragraph 1(d).”;

(e) After paragraph 4 insert—

“4A.   In the case of a police officer who is eligible to be a transition member of the 2015 scheme with continuity of service, paragraphs 1 and 3 apply to that officer as if all that officer’s service had been in the 1988 scheme, or he 2006 scheme, as the case may be.”;

(f) in paragraph 5(2),for “or regulation 7(1) of the 2009 Regulations” substitute “, regulation 7(1) of the 2009 Regulations or regulation 27 of the 2015 Regulations”;

(g) in paragraph 6(3)—

(i) in sub-paragraph (1) for “or, as the case may be, Part 4 of the 2009 Regulations” substitute “, Part 4 of the 2009 Regulations or, as the case may be, Part 7 of the 2015 Regulations”,

(ii) in sub-paragraph (2), omit the “or” after paragraph (b) and insert—

“(ba) in accordance with regulation 122 of the 2015 Regulations (option to commute part of pensions); or”.

(iii) in sub-paragraph (3)for “or, as the case may be regulation 7(1) of the 2009 Regulations” substitute “, regulation 7(1) of the 2009 Regulations or, as the case may be, regulation 27 of the 2015 Regulations;”.

(h) after paragraph 6 insert—

“6A.   In this Schedule, references to service in the 2015 scheme as being “reckonable” are construed as references to service which would be pensionable service within the meaning of section 34 of the Public Service Pensions Act (Northern Ireland) 2014.”.

(i) for paragraph (7)(3)(d), substitute—

“(d) subject to paragraph (e) until the first day after his retirement which is not a day on which he has, or is treated as having, limited capability for work within the meaning of section 9(4) of the Welfare Reform Act (Northern Ireland) 2007(4), any employment and support allowance under sections 1(2)(a) or 1B of that Act.”

(j) after paragraph 7(3)(d) insert—

“(e) sub-paragraph (d) does not apply where—

(i) the amount of the injury pension has been reduced in respect of any week on account of incapacity benefit;

(ii) that reduction has ceased on the first day after the retirement of the person concerned which is not, or deemed not to be a day of incapacity for work within the meaning of section 30A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(5); and

(iii) the person concerned becomes entitled to employment and support allowance by virtue of a claim that was made on or after the date on which entitlement to incapacity benefit has ceased.”.

(1)

Schedule 3 was amended by S.R.2009 No. 79 Schedule 5(15) and S.R.2017 No. 36.

(2)

Paragraph 5 was amended by S.R.2009 No.79.

(3)

Paragraph 6 was amended by S.R.2009 No.79.

(4)

2007 c2.(NI) Section 1(2)(a) was amended by Part 1 of Schedule 12 to the Welfare Reform ( Northern Ireland) Order 2015. Section IB was inserted by Article 58(1) of that order.

(5)

1992 c.7.