THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to pensions payable to police officers in the Police Service of Northern Ireland and to others, including surviving spouses or civil partners and children, in respect of deceased, serving or retired officers. The Regulations revoke and replace the Police Pension (Northern Ireland) Regulations 2007 (S.R. 2007 No. 476).

The Regulations have effect from 6th April 2006 (the commencement date), apart from regulations 10(2)(c) and 74(9) which have effect from 31^st December 2007. Retrospective effect is permitted by Articles 14 and 15 of the Superannuation (Northern Ireland) Order 1972(1). The Regulations apply to police officers who first became such on or after the commencement date (regulation 4(1)). They also apply to certain officers who first became such before the commencement date and rejoin the police service on or after that date following a break in service (regulation 4(2)), subject to modifications in Schedule 2. They also apply to officers who remain in service as at the commencement date but who elect or had elected not to pay pension contributions; they may elect to pay contributions under these Regulations (regulation 4(3) and (4)). The RUC Pensions Regulations 1988 (“the 1988 Regulations”) continue to have effect in relation to other police officers who first became such before the commencement date. Officers who remain in service as at the commencement date and are paying pension contributions under the 1988 Regulations may elect for these Regulations to apply instead and for earlier pensionable service to count towards pension awards under these Regulations (regulation 4(6) to (9)). Regulation 4(8) also enables other categories of serving officers who first became such before the commencement date, and who are entitled to accrued benefits under the 1988 Regulations, to make a transfer election so that earlier pensionable service will instead count towards pension awards under these Regulations. Schedule 3 makes provision for transfer elections and related matters.

Part 2 of the Regulations further requires pension contributions to be paid by police officers (regulation 5) subject to an election not to do so (regulation 7). That Part also provides for the reckoning of pensionable service, and governs the time of voluntary or compulsory retirement. The minimum age for voluntary retirement is 55 years. Part 3 is concerned with the calculation of pensionable pay and aggregate pension contributions for the purposes of awards.

Part 4 makes provision for the pension awards which may be payable to police officers or in respect of deceased officers, and for the circumstances in which awards may be reviewed, withdrawn or forfeited. Part 5 enables officers to purchase increased benefits or “added years”. Part 6 applies to cases where there is a pension sharing order under the Welfare Reform and Pensions (1999 Order) (Commencement No. 9) Order (Northern Ireland) 2001 or the Civil Partnership Act 2004 (commencement No. 3) (Northern Ireland) Order 2005. Part 7 contains provision for the determination of medical questions related to eligibility for awards.

Part 8 contains financial provisions including provisions on transfer values. Part 9 makes provision for special cases: servicemen, transfers of police officers and members of the Police Service Northern Ireland Reserve (Full-Time).

(1)

Article 15(c), (d) and (e) was amended by paragraph 6 of Schedule 4 of the Police (Northern Ireland) Act 1998 (“the 1998 Act”)