The Police Service of Northern Ireland Pensions (Amendment No. 2) Regulations 2006

14.  In Schedule C (widows' awards)—

(a) in paragraph 1(2A) of Part I, for “man” substitute “widower or to the surviving civil partner of a female member”;

(b) after paragraph 1(2A) of Part I insert the following sub-paragraphs—

“(2B) But where a pension becomes payable to the surviving civil partner of a female member and as a consequence of an election under regulation G6—

(a) account would, but for this sub-paragraph, be taken of pensionable service before 6th April 1988, then account shall be taken only of service after 5th April 1988;

(b) sub-paragraph (1)(b) would, but for this sub-paragraph, have effect with the substitution for “5th April 1978” of a date before 6th April 1988, then that sub-paragraph shall have effect with the substitution for “5th April 1978” of “5th April 1988.”;

(2C) Where a pension becomes payable under regulation C1 to the surviving civil partner of a male member—

(a) the pension or notional pension referred to in sub-paragraph (1)(a) shall be taken to be that which would be payable if no account were taken of any pensionable service before 6th April 1988, and

(b) sub-paragraph (1)(b) has effect with the substitution for “5th April 1978” of “5th April 1988”.”;

(c) in paragraph 3 of Part I, after the words “a man” insert “or a surviving civil partner of a woman”;

(d) in paragraph 1(1A) of Part III, for “man” substitute “widower or to the surviving civil partner of a female member”;

(e) after paragraph 1(1A) of Part III insert the following sub-paragraphs—

“(1B) But where a pension becomes payable under regulation C4 to the surviving civil partner of a female member and as a consequence of an election under regulation G6 account would, but for this sub-paragraph, be taken of pensionable service before 6th April 1988, then account shall be taken only of service after 5th April 1988.

(1C) Where a pension becomes payable under regulation C4 to the surviving civil partner of a male member, the amount of the deceased’s deferred pension shall for the purposes of sub-paragraph (1) be taken to be what it would be if no account were taken of any pensionable service after 5th April 1988.”;

(f) in paragraph 3(4) of Part III, after the words “a man” insert “or a surviving civil partner of a woman”;

(g) in paragraph 4 of Part IV, for “man” substitute “widower or to the surviving civil partner of a female member”;

(h) after paragraph 4 of Part IV insert the following paragraphs—

“5.   But where a pension becomes payable under regulation C5(3) to the surviving civil partner of a female member and as a consequence of an election under regulation G6, paragraphs 2(a)(ii) and 3 would, but for this sub-paragraph, have effect with the substitution for “5th April 1978” of a date before 6th April 1988, then those paragraphs shall have effect with the substitution for “5th April 1978” of “5th April 1988”.

6.   Where a pension becomes payable under regulation C5(3) to the surviving civil partner of a male member, paragraphs 2(a)(ii) and 3 have effect with the substitution for “5th April 1978” of “5th April 1988”.”;

(i) in paragraph 1 of Part V, for the words from “where the pension” to the end substitute the following sub-paragraphs—

“(a) where the pension is payable to a widower or to the surviving civil partner of a female member this paragraph has effect with the substitution for “5th April 1978” of “16th May 1990” or, as the case may be, the day before the date from which service before 17th May 1990 counts, subject to paragraph 1A, in consequence of an election under regulation G6, and

(b) where the pension is payable to the surviving civil partner of a male member this paragraph has effect with the substitution for “5th April 1978” of “5th April 1988”.”;

(j) after paragraph 1 of Part V, insert the following paragraph—

“(1A) Where a widow’s requisite pension is payable to the surviving civil partner of a female member and, as a consequence of an election under regulation G6, paragraph 1 would, but for this paragraph, have effect with the substitution for “5th April 1978” of a date before 6th April 1988, then that paragraph shall have effect with the substitution for “5th April 1978” of “5th April 1988”.”.