The Police Service of Northern Ireland Reserve (Full-time) Severance Regulations 2006

PART 1 N.I. GENERAL

Citation and commencement N.I.

1.  These Regulations may be cited as the Police Service of Northern Ireland Reserve (Full-time) Severance Regulations 2006 and shall come into operation on 17th August 2006.

Commencement Information

I1 Reg. 1 in operation at 17.8.2006, see reg. 1

Interpretation N.I.

2.  In these Regulations—

“annual pensionable pay” means the pensionable pay of the member at the annual rate to which he is entitled on the date of his leaving the reserve service;

“applicant” means a member of the reserve service who applies to enter the Scheme under regulation 4;

“appropriate factor” has the meaning assigned to it in regulation 2(4)(c) of the Royal Ulster Constabulary Regulations 1996(1);

[F1 “compulsory retirement age” means—

(a)

if the member was serving on or after [F2 , but not prior to,] 1st July 1994, the age of 55 years,

(b)

if the member was serving prior to 1st July 1994, the age of 57 years.]

“date of leaving” means the date the member leaves the reserve service under the terms of the Scheme after completing the period of required re-training undertaken;

“disciplinary reasons” are any reasons connected to the Discipline Regulations;

“Discipline Regulations” means the Royal Ulster Constabulary (Conduct) Regulations 2000(2);

“immediate pension” means entitlement to pension on the member’s date of leaving the reserve service;

“member” means a member of the reserve service who has entered the Scheme in accordance with a determination of the Chief Constable under regulation 4;

“part-time service” in relation to a member means a person who, immediately before he enters the Scheme, is serving under the terms and conditions set out in Schedule 12 of the Royal Ulster Constabulary Reserve (Full-time)(Appointment and Conditions of Service) Regulations 1996(3);

“payment in lieu of pension” means a discretionary award to an eligible member (as defined in regulation 4 of these Regulations) until the member is entitled to a pension under the Pensions Regulations;

“pension age” means the age at which a member would be entitled to receive immediate payment of pension entitlements under the Pensions Regulations;

“Pensions Regulations” means the Royal Ulster Constabulary Pensions Regulations 1988(4);

“pensionable service enhancement” means the period by which a member’s pensionable service is increased in accordance with the calculation in Part 1 of the Schedule;

“period of extension” means any additional period of employment in the reserve service beyond the member’s compulsory retirement age as agreed by the Chief Constable;

“required re-training” means the period of re-training offered to members under regulation 15;

“reserve service” means the Police Service of Northern Ireland Reserve (Full-time);

“standing allowances” means replacement allowances as defined in regulation 47A of and Schedule 11 to the Royal Ulster Constabulary Reserve (Full-time)(Appointment and Conditions of Service) Regulations 1996(5), and the Police Service of Northern Ireland Allowance;

“Scheme” means the severance scheme provided for in these Regulations;

“time period” means the lump sum factor specified in the tables in Part 2 of the Schedule expressed in years and fractions of years measured from the date of payment of the additional severance lump sum;

“unexpired period of the lump sum” means the time period less the number of days elapsed since the date of payment of the severance lump sums.

Textual Amendments

F1 Words in reg. 2 substituted (with effect in accordance with reg. 1 of the amending Rule) by Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Full-Time) (Severance) (Amendment) Regulations 2008 (S.R. 2008/439), regs. 1, 3

F2 Words in reg. 2 inserted (with effect in accordance with reg. 1(1) of the amending Rule) by Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Full-Time) (Severance) (Amendment) Regulations 2010 (S.R. 2010/377), regs. 1(1), 3

Commencement Information

I2 Reg. 2 in operation at 17.8.2006, see reg. 1

Length and termination of the Scheme N.I.

3.—(1) There shall be a severance scheme for members of the reserve service which shall be treated as having had effect from 1st April 2005.

(2) The Secretary of State shall determine the date that the Scheme shall cease.

(3) The Secretary of State must not make such a determination without—

(a) consulting with the Chief Constable, the Northern Ireland Policing Board and the Police Association; and

(b) the consent of the [F3 Department of Finance and Personnel].

Textual Amendments

F3 Words in reg. 3(3)(b) substituted (31.12.2011) by Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Full-Time) (Severance) (Amendment) Regulations 2011 (S.R. 2011/408), regs. 1, 3

Commencement Information

I3 Reg. 3 in operation at 17.8.2006, see reg. 1

PART 2 N.I. ELIGIBILITY

Eligibility for and entry to Scheme N.I.

4.—(1) Any person who was a member of the reserve service on 31st March 2005 is eligible to apply to enter the Scheme except those who are or have been—

(a) dismissed for disciplinary reasons; or

(b) required to resign.

(2) An application to enter the Scheme shall be determined by the Chief Constable.

(3) The Chief Constable may, at his discretion—

(a) refuse entry to the Scheme to an applicant who is suspended, or is under investigation for a serious criminal or disciplinary matter under the Discipline Regulations;

(b) withdraw the acceptance in to the Scheme of a member if, before the date of leaving, that member is suspended, or investigated for a serious criminal or disciplinary matter under the Discipline Regulations.

(4) If an applicant is accepted into the Scheme, the date on which he or she enters the Scheme shall be determined by the Chief Constable and notified to the applicant in writing.

Commencement Information

I4 Reg. 4 in operation at 17.8.2006, see reg. 1

PART 3 N.I. ENTITLEMENTS

Application N.I.

5.—(1) Upon entering the Scheme a member of the reserve service shall be entitled to benefits in accordance with these Regulations.

(2) The Pensions Regulations shall apply to members of the Scheme subject to the modifications in regulations 10 to 14 below.

Commencement Information

I5 Reg. 5 in operation at 17.8.2006, see reg. 1

Benefits payable N.I.

6.—(1) A member of the Scheme shall be eligible to receive one or more of the following discretionary benefits on the date of leaving—

(a) a severance lump sum;

(b) pensionable service enhancements;

(c) payment in lieu of pension;

(d) actuarially reduced pension.

(2) Parts 1 and 2 of the Schedule shall have effect for calculating the benefits referred to in paragraph (1).

(3) A member of the Scheme shall receive a severance lump sum on the date of leaving in addition to any benefits received under paragraph (1).

(4) The additional severance lump sum referred to in paragraph (3) shall be equivalent to one sixth of the member’s annual pensionable pay at the date of leaving.

Commencement Information

I6 Reg. 6 in operation at 17.8.2006, see reg. 1

Employment in the Police Service of Northern Ireland N.I.

7.—(1) A member of the Scheme who—

(a) receives a severance lump sum under regulation 6(1); and

(b) is employed (whether on a full or part-time basis) by the Police Service of Northern Ireland as a police officer within 3 years of the date of leaving,

shall be required to repay a proportion of any severance lump sum received under regulation 6(1).

(2) The amount to be repaid shall be A x (B – C) where—

• A = the police officer’s daily rate of pay on employment by the Police Service of Northern Ireland,

• B = the lump sum factor x 365,

• and

• C = the number of days from the police officer’s date of leaving.

(3) The lump sum factor in paragraph (2) is the lump sum factor used to calculate the severance lump sum payment under Part 2 of the Schedule.

(4) The application of paragraph (2) shall not have the effect of leaving a member of the Scheme with a lump sum payment less than the payment the member would have received under statutory redundancy pay at the date of leaving, and where this occurs the amount to be repaid shall be reduced accordingly.

(5) A member of the Scheme who—

(a) receives a conversion lump sum under regulation 15, and

(b) is employed by the Police Service of Northern Ireland as a police officer during the period he would have been receiving required re-training had he completed his required re-training,

shall be required to make a repayment.

(6) Where a repayment is required to be made in accordance with paragraph (5) the amount to be repaid shall be the conversion lump sum minus the proportion of it attributable to the period between the date of leaving and the date that employment with the Police Service of Northern Ireland commenced.

(7) A member of the Scheme who is employed by the Police Service of Northern Ireland as a police officer after the date of leaving shall be subject to the Pensions Regulations, including any rules on abatement of pensions for re-employed officers.

(8) This regulation does not apply to a member who—

(a) joins the Police Service of Northern Ireland as a member of the police support staff; or

(b) joins a police force in Great Britain.

Commencement Information

I7 Reg. 7 in operation at 17.8.2006, see reg. 1

Capping mechanism N.I.

8.  The capping mechanism in Part 3 of the Schedule shall be applied to the calculation of a member’s lump sum under Part 2 of the Schedule so as to limit the lump sum payable.

Commencement Information

I8 Reg. 8 in operation at 17.8.2006, see reg. 1

Part-time service N.I.

9.  A member who has been in part-time service shall be entitled to the benefits payable in the Scheme subject to the adjustment of his annual pensionable pay by the appropriate factor.

Commencement Information

I9 Reg. 9 in operation at 17.8.2006, see reg. 1

PART 4 N.I. PENSIONS

Eligibility for pensionable service enhancements N.I.

10.—(1) A member who complies with the following conditions shall be eligible for pensionable service enhancements in accordance with the Pensions Regulations—

(a) he or she has been making contributions under regulation G2 (pensions contributions payable by member) of the Pensions Regulations; and

(b) those contributions have been made continuously from 31st March 2005 (or earlier) until the date of leaving.

(2) Paragraph (1) applies to those members of the reserve service who are on authorised unpaid leave.

Commencement Information

I10 Reg. 10 in operation at 17.8.2006, see reg. 1

Payment in lieu N.I.

11.—(1) A member who would have been entitled to a short service award as defined in regulation B2 (member’s short service award) of the Pensions Regulations shall receive a payment in lieu in accordance with this regulation.

(2) The payment in lieu will be equivalent to the short service award in regulation B2 to which the member would have been entitled had he qualified for a pension from the date of leaving, subject to the modification in paragraph (3).

(3) Regulation B2(1) of the Pension Regulations shall have effect as if, for the words “is or was required to retire on account of age”, there were substituted “retired under the terms of the Police Service of Northern Ireland Reserve (Full-time) Severance Regulations 2006”.

(4) An applicant who is entitled to a payment in lieu will be entitled to commute a proportion of his payment in lieu under regulation B7(4)(b) (commutation – general provision) of the Pensions Regulations, in place of the commutation lump sum payable at 60 years.

Commencement Information

I11 Reg. 11 in operation at 17.8.2006, see reg. 1

Ill-health N.I.

12.—(1) This regulation applies when a member is eligible to—

(a) receive immediate benefits, or receives benefits, under the Scheme; and

(b) apply for ill-health benefits under regulation B3 (member’s ill-health award) or B5(4) (member’s deferred pension) of the Pensions Regulations.

(2) The benefits awarded under the Scheme shall be limited so that the sum of those benefits and benefits awarded under either regulation B3 or B5(4) of the Pensions Regulations shall not exceed the maximum applicable under regulation B3 or B5(4) of those Regulations respectively.

Commencement Information

I12 Reg. 12 in operation at 17.8.2006, see reg. 1

Injury on duty N.I.

13.—(1) This regulation applies to the payment of an injury pension to a member under regulation B4 (member’s injury award) of the Pensions Regulations.

(2) Where a member receives a severance lump sum payment under the Scheme and later receives an injury on duty gratuity under regulation B4, that gratuity under Regulation B4 shall be reduced in accordance with paragraphs (3) to (5).

(3) The sum by which the injury on duty payment shall be reduced is A – B, where—

• A = the sum equivalent to six months of the member’s severance lump sum payment, and

• B = the amount attributable to the unexpired period of the lump sum.

(4) If the unexpired period of the lump sum is 1 year or less, the member may elect to—

(a) repay the amount attributable to the unexpired period of the lump sum; or

(b) convert the amount attributable to the unexpired period of the lump sum into an annuity and deduct it from his minimum income guarantee as defined in the Pensions Regulations.

(5) Where paragraph (4)(b) applies, the annuity conversion shall be calculated as advised from time to time by the Government Actuary.

(6) In relation to Part 5 of Schedule B to the Pensions Regulations—

(a) the minimum income guarantee calculation under paragraph 2 of that Part shall take no account of any pensionable service enhancements under these Regulations; and

(b) the amount of an injury pension under paragraph 3 of that Part shall take account of pensionable service enhancements paid to the member under these Regulations.

Commencement Information

I13 Reg. 13 in operation at 17.8.2006, see reg. 1

Actuarially reduced pensions N.I.

14.—(1) A member who leaves the reserve service under the Scheme and is not immediately eligible to receive a pension, or payment in lieu of pension, may elect to receive an actuarially reduced pension.

(2) An actuarially reduced pension will be payable from the age of 50 to any member of the Scheme who so elects and who would be aged 50 or above on 6th April 2010.

(3) An actuarially reduced pension will be payable from the age of 55 to any member of the Scheme who so elects and to whom paragraph (2) does not apply.

(4) The amount to be paid will be calculated in accordance with a formula as advised by the Government Actuary from time to time.

Commencement Information

I14 Reg. 14 in operation at 17.8.2006, see reg. 1

PART 5 N.I. RE-TRAINING

Conversion lump sum N.I.

15.—(1) All members shall be offered 9 months of re-training before the date of leaving.

(2) A member who completes 3 months or more of the required re-training may terminate the re-training and receive a conversion lump sum.

(3) A member who completes less than 3 months of the required re-training may terminate the re-training and receive a conversion lump sum only with the consent of a review panel.

(4) The conversion lump sum payable in accordance with paragraph (2) or (3) is non-pensionable, and is—

(a) payable in lieu of the salary and allowances which would have been paid during the remaining period of the re-training;

(b) equivalent to the member’s basic pay for the period of the required re-training still to be completed; and

(c) subject to a maximum value of 6 months' pay.

(5) Any increases to a member’s basic pay to which he would have been entitled had he completed the required re-training shall be included in the calculation of the conversion lump sum under paragraph (4) as if the member had completed the re-training.

(6) The review panel referred to in paragraph (3) will comprise representatives of the Police Service of Northern Ireland, the Northern Ireland Policing Board, the Police Federation for Northern Ireland and the Northern Ireland Office.

Commencement Information

I15 Reg. 15 in operation at 17.8.2006, see reg. 1

Peter Hain

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

18th July 2006

We consent to the making of these Regulations

Alan Campbell

Frank Roy

Two of the Lords Commissioner of Her Majesty’s Treasury

18th July 2006