The Police Service of Northern Ireland Pensions (Amendment) Regulations 2006

Injury awards

11.—(1) Part V of Schedule B (member’s injury award) is amended as follows.

(2) In paragraph 1 for the words from “and shall be” onwards there are substituted the words—

“and shall be—

(a) in the case of a member all of whose service by virtue of which his pensionable service is reckonable was full-time, the amount specified as appropriate to his degree of disablement in column (2) of the Table in paragraph 2, and

(b) in the case of a member any of whose service by virtue of which his pensionable service is reckonable was part-time, the amount given by the formula—

where—

G is the amount that the gratuity would be if all the service were full-time service,

R is the period in years of his pensionable service, and

Q is the period that would be the period in years of his pensionable service if periods of part-time service were reckonable as if they were periods of full-time service.”.

(3) After paragraph 1 there is inserted—

“1A.   If in a case where any of the member’s service by virtue of which his pensionable service is reckonable was part-time service, the amount of the gratuity calculated in accordance with paragraph 1 would be less than it would have been if the person had become entitled to receive the gratuity at an earlier date, then that amount shall be substituted for it.”.

(4) In paragraph 2 for the words from “shall be of the amount” to the end of that paragraph there are substituted the words—

“shall be—

(a) in the case of a member all of whose service by virtue of which his pensionable service is reckonable was full-time, of the amount of his minimum income guarantee specified as appropriate to his degree of disablement in column (3), (4), (5) or (6) of the following Table, and

(b) in the case of a member any of whose service by virtue of which his pensionable service is reckonable was part-time, of the amount given by the formula—

where—

M is the amount that his minimum income guarantee would be if all the service were full-time service and R and Q are the same as in paragraph 1;”.

(5) After paragraph 2 there is inserted—

“2A.   If in a case where any of the member’s service by virtue of which his pensionable service is reckonable was part-time service, the amount of the pension calculated in accordance with paragraph 2 would be less than it would have been if the person had become entitled to receive the pension at an earlier date, then that amount shall be substituted for it.

2B.   In paragraphs 1A, 2 and 2A, references to a person’s pensionable service shall in the case of a member who has made an election under regulation G4(1) be construed as references to the pensionable service which would have been reckonable by him if he had not made such an election.”.

(6) In paragraph 3(1) at the end insert “calculated by reference to this Schedule”.

(7) After paragraph 6 there is inserted—

“7.   In a case where—

(a) a former member was in part-time service before the date on which the Police Service of Northern Ireland Pensions (Amendment) Regulations 2006 come into operation, and

(b) the amount of his award calculated in accordance with this Part would be less than it would have been if those Regulations had not been made,

then the award shall be of that amount instead.”.