THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

Regulation 2(1)(a)

SCHEDULE 1 N.I. GLOSSARY OF EXPRESSIONS

Commencement Information

I1 Sch. 1 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

In these Regulations, unless the context otherwise requires—

“the 1988 Regulations” means the Royal Ulster Constabulary Pensions Regulations 1988(1);

“the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993(2);

“the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland ) Order 1999(3);

“the 2005 Regulations” means the Police Service of Northern Ireland Regulations 2005(4);

“the 2006 Injury Regulations” has the meaning assigned in paragraph 1 of Schedule 5.

“added years” has the meaning assigned to it by regulation 53(2);

“adult partner” is a person not being the spouse or civil partner of a police officer who cohabits with that officer as a partner in an exclusive, committed and long-term relationship; and either—

(a)

is financially dependent on that officer; or

(b)

they are both financially interdependent.

“adult survivor” has the meaning assigned to it by regulation 37(1)(a);

“aggregate pension contributions”, for the purpose of calculating an award, has the meaning assigned to it by regulation 23;

“appellant’s practitioner” shall be construed in accordance with regulation 66(1)(b);

[F1 “automatic enrolment date” has the meaning given by section 3(7) (automatic enrolment) of the Pensions (No.2) Act (Northern Ireland) 2008.

“automatic re-enrolment date” means a date determined in accordance with regulation 12 of the Occupational and Personal Pensions schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010.]

“average pensionable pay” has the meaning assigned to it by regulation 22;

“the Board” means the Northern Ireland Policing Board as established by section 2 of the Police (Northern Ireland) Act 2000(5);

“ceasing to serve” includes—

(a)

voluntarily ceasing to serve as a police officer;

(b)

resignation from the police service; and

(c)

dismissal,

in each case with effect from a date before that on which the person concerned attains the age of 55 years;

“child survivor” (without regard to age) has the meaning assigned to it by regulation 37(1)(b);

“civil partner” has the same meaning as in the Civil Partnership Act 2004(6);

“Conduct Regulations” means the Royal Ulster Constabulary (Conduct) Regulations 2000(7) and the Royal Ulster Constabulary (Conduct) (Senior Officer) Regulations 2000(8);

“contracting-out rights” shall be construed in accordance with regulation 40(5)(a);

“dependant”, in relation to a pension credit member, shall be construed in accordance with regulation 79(5);

“disablement” and cognate expressions have the meanings assigned to them by regulation 3;

F2 ...

“enhanced top-up ill-health pension” has the meaning assigned to it by regulation 26(4)(b);

“enhanced top-up totals” has the meaning assigned to it by regulation 28(2);

“final pensionable pay” has the meaning assigned to it by regulation 21;

“former pension arrangements” shall be construed in accordance with regulation 12(1)(a);

“guaranteed minimum” and “guaranteed minimum pension” have the meanings which they have for the purposes of the 1993 Act; and “guaranteed minimum”, in relation to a pension under a pension scheme at a particular time, means the amount certified by the Department for Work and Pensions as that minimum at that time;

“independent medical referee” and “IMR” have the meaning assigned to them by regulation 68(4);

“infirmity” has the meaning assigned to it by regulation 3(5);

“injury” includes any injury or disease, whether of body or of mind;

“injury received in the execution of duty” and “result of an injury” have the same meanings as they have in the 1988 Regulations;

“maternity leave” shall be construed in accordance with regulation 32 of the 2005 Regulations, except that in relation to a [F3 specified NCA officer] it means any period of maternity leave taken by that employee whilst employed by [F4 the NCA] F5 ...;

“member of the police service” means a police officer employed by the police service;

[F6 “NCA” means the National Crime Agency;]

“normal benefit age” has the meaning assigned to it by regulation 58(2);

F7 ...

“parental leave” shall be construed in accordance with regulation 32 of the 2005 Regulations, except that in relation to a [F8 specified NCA officer] it means any period of parental leave taken by that employee whilst employed by [F9 the NCA] F10 ...;

“parties to the appeal” shall be construed in accordance with regulation 68(7);

“part-time service” means service as a police officer performed pursuant to a part-time appointment under regulation 5 of the 2005 Regulations(9), or any other part-time service as a regular police officer or part-time employment as a [F11 specified NCA officer] F12 ...;

“pension credit” means a credit under the 1999 Order including a credit under corresponding legislation in Great Britain;

“pension credit benefit” has the meaning given by section 97B(10) of the 1993 Act;

“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995(11);

“pension credit rights” means rights to future benefits under these Regulations which are attributable to a pension credit;

“pension debit” means a debit under article 26(1)(b) of the 1999 Order;

“pension debit member” means a person whose benefits or future benefits under these Regulations have been reduced under article 28 of the 1999 Order;

“pension sharing order” means any order or provision which is mentioned in Article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(12), section 28(1) of the Welfare Reform and Pensions Act 1999(13) or Part 3 of Schedule 15 to the Civil Partnership Act 2004(14);

“pensionable pay” has the meaning assigned to it by regulation 20;

“pensionable service” shall be construed in accordance with regulation 8;

“the Pensions (Increase) Acts” means the Pensions (Increase) Act (Northern Ireland) 1971(15) and the Pensions (Increase) Act (Northern Ireland) 1974(16);

“police authority” has the meaning given to it by section 11(2) of the Police Pensions Act 1976(17);

“police force in Great Britain” means a police force as defined in section 101 of the Police Act 1996(18) or section 50 of the Police (Scotland) Act 1967(19), as the case may be.

“police officer” means a person who is:

(a)

a constable of the Police Service of Northern Ireland as defined in section 1(2) of the Police (Northern Ireland) Act 2000(20); or

(b)

a Police Service of Northern Ireland trainee as defined in section 36(3) of the Police (Northern Ireland) Act 2000.

“police service” mean the Police Service of Northern Ireland as defined in section 1(2) of the Police (Northern Ireland) Act 2000;

“Great Britain police pensions legislation” means the legislation for the time being in force relating to the pensions of members of a police force in Great Britain;

“prospective service” shall be construed in accordance with regulation 28(4);

“public holiday” means Christmas Day, the 26th December (if it falls on a Saturday or Sunday), the 1st January (if it so falls), Good Friday or a bank holiday;

“public sector transfer arrangements” has the meaning assigned to it by regulation 12(5);

“public service pension scheme” has the meaning given by section 1(1) of the 1993 Act;

“qualifying service criterion” shall be construed in accordance with regulation 14(3) and (4);

“regular employment” means employment for an annual average of at least 30 hours per week;

“regular police officer” means a constable of a police force in Great Britain, and includes—

(a)

the commissioner, deputy commissioner, assistant commissioners and deputy assistant commissioners of police of the metropolis;

(b)

the commissioner and assistant commissioners of police for the City of London;

(c)

an inspector or assistant inspector of constabulary;

(d)

a police officer engaged on relevant service under section 97(1) of the Police Act 1996(21); F13 ...

(e)

a [F14 specified NCA officer]; [F15 and

(f)

F16 ...]

“relevant award” shall be construed in accordance with regulation 47(1) and (2);

“relevant date” shall be construed in accordance with regulation 8(1);

“relevant service” (except in the expression “relevant service in the reserve forces”) has the meaning assigned to it by section 27(1) of the Police (Northern Ireland) Act 1998(22).

“relevant service in the reserve forces” has the meaning assigned to it by regulation 82;

“reserve forces” has the meaning assigned to it by regulation 82;

“reserve officer” means a member of the Police Service of Northern Ireland Reserve (Full-time) and references to the Police Service of Northern Ireland Reserve (Full-time) shall be read in accordance with section 1(3) of the Police (Northern Ireland) Act 2000.

“retirement” and cognate expressions shall be construed in accordance with regulation 14;

“the Scheme actuary” means the actuary for the time being appointed by the Secretary of State to provide a consulting service on actuarial matters relevant to these Regulations;

“selected medical practitioner” shall be construed in accordance with regulation 6(2);

“serious ill-health”, in relation to commutation under Part 6, has the meaning assigned to it by regulation 59(4);

“serviceman” has the meaning assigned to it by regulation 82;

“sick leave” shall be construed in accordance with regulation 32 of the 2005 Regulations, except that in relation to a [F17 specified NCA officer] it means any period of sick leave taken by that employee whilst employed by [F18 the NCA] F19 ...;

“SMP” has the meaning assigned to it in regulation 68(1);

F20 ...

[F21 “specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Police Pensions Act 1976;]

“standard ill-health pension” has the meaning assigned to it by regulation 26(3);

“state pensionable age” has the meaning assigned to it by regulation 40(9);

“tax year” means the 12 months beginning with 6th April in any year;

“unpaid maternity leave” does not include any maternity leave in respect of which statutory maternity pay is payable under the Social Security Contributions and Benefits (Northern Ireland) Act 1992(23).

Textual Amendments

F1 Words in Sch. 1 inserted (1.4.2013) by The Police Pension (Northern Ireland) (Amendment) Regulations 2013 (S.R. 2013/36), reg. 1(2), Sch. para. 8

F2 Words in Sch. 1 omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(2) (with art. 3)

F3 Words in Sch. 1 substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(3)(a) (with art. 3)

F4 Words in Sch. 1 substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(3)(b) (with art. 3)

F5 Words in Sch. 1 omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(3)(c) (with art. 3)

F6 Words in Sch. 1 inserted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(4) (with art. 3)

F7 Words in Sch. 1 omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(5) (with art. 3)

F8 Words in Sch. 1 substituted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(6)(a) (with art. 3)

F9 Words in Sch. 1 substituted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(6)(b) (with art. 3)

F10 Words in Sch. 1 omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(6)(c) (with art. 3)

F11 Words in Sch. 1 substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(7)(a) (with art. 3)

F12 Words in Sch. 1 omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(7)(b) (with art. 3)

F13 Word in Sch. 1 omitted (with effect in accordance with reg. 1(1) of the amending Rule) by virtue of The Police Pension (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/348), reg. 1(1), Sch. 1 para. 40(6)

F14 Words in Sch. 1 substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(8)(a) (with art. 3)

F15 Words in Sch. 1 inserted (with effect in accordance with reg. 1(1) of the amending Rule) by The Police Pension (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/348), reg. 1(1), Sch. 1 para. 40(6)

F16 Words in Sch. 1 omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(8)(b) (with art. 3)

F17 Words in Sch. 1 substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(9)(a) (with art. 3)

F18 Words in Sch. 1 substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(9)(b) (with art. 3)

F19 Words in Sch. 1 omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(9)(c) (with art. 3)

F20 Words in Sch. 1 omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(10) (with art. 3)

F21 Words in Sch. 1 substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 110(11) (with art. 3)

Regulation 4(2), (3) and (4)

SCHEDULE 2 N.I. APPLICATION OF REGULATIONS TO OFFICERS TO WHOM REGULATION 4(2) AND (3) APPLIES

1.  This paragraph applies to a police officer to whom these Regulations apply by virtue of regulation 4(2)(a)(ii). N.I.

Commencement Information

I2 Sch. 2 para. 1 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

2.  This paragraph applies to a police officer to whom these Regulations apply by virtue of regulation 4(2)(a)(iii). N.I.

Commencement Information

I3 Sch. 2 para. 2 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

3.  This paragraph applies to a police officer to whom these Regulations apply by virtue of regulation 4(2)(a)(iv) or (v). N.I.

Commencement Information

I4 Sch. 2 para. 3 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

4.  An officer to whom paragraph 3 applies may, instead of retaining his entitlement to his ordinary pension under regulation B1 of the 1988 Regulations or, as the case may be, his deferred pension under regulation B5 of those Regulations, elect to relinquish his entitlement to the ordinary or deferred pension and to reckon as pensionable service for the purposes of these Regulations the pensionable service he was entitled to reckon under the 1988 Regulations at the time of his retirement with an entitlement to the ordinary or deferred pension. N.I.

Commencement Information

I5 Sch. 2 para. 4 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

5.  An election under paragraph 4 shall be made by the officer concerned in the form of a transfer election in accordance with the provisions of Schedule 3. N.I.

Commencement Information

I6 Sch. 2 para. 5 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

6.  An officer to whom paragraph 1 applies may elect to pay to the Board a sum equal to the amount of his award by way of repayment of his aggregate pension contributions under regulation B6 of the 1988 Regulations and to reckon as pensionable service for the purposes of these Regulations the pensionable service he was entitled to reckon under the 1988 Regulations at the time of his retirement with an entitlement to the award. N.I.

Commencement Information

I7 Sch. 2 para. 6 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

7.  An election under paragraph 6 shall be made by the officer concerned in the form of a transfer election in accordance with the provisions of Schedule 3. N.I.

Commencement Information

I8 Sch. 2 para. 7 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

8.  Subject to the following provisions of this Schedule, where a police officer to whom these Regulations apply by virtue of regulation 4(2) pays pension contributions under regulation 5(1), he shall be eligible for awards to be payable to or in respect of him under these Regulations. N.I.

Commencement Information

I9 Sch. 2 para. 8 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

9.  The pensionable service reckonable by an officer— N.I.

(a) to whom paragraph 1 applies and who has made an election in accordance with paragraphs 6 and 7;

(b) to whom paragraph 2 applies;

(c) to whom paragraph 3 applies and who has made an election in accordance with paragraphs 4 and 5; or

(d) such as is mentioned in regulation 4(3), who cancels his election in the circumstances mentioned in regulation 4(4) but does not make a transfer election under regulation 4(8),

shall be determined in accordance with regulations 8 to 13, except that regulation 13 (reckoning of service for purposes of awards) shall have effect as if

[F22 (e) there were inserted in paragraph (1) after the words “35 years” the words—

“less the total pensionable service he was entitled to reckon under the 1988 Regulations, calculated in accordance with paragraphs (3) and (4), at the applicable time;”;

(f) there were inserted after paragraph (1) the following paragraph—

“(1A) (a) For the purposes of this regulation, the “applicable time” shall be determined in accordance with this paragraph.

(b) In a case falling within paragraph 9(a) to (c) of Schedule 2—

(i) subject to sub-paragraph (ii), the applicable time is the time of his retirement with an entitlement to—

(aa) an ordinary pension under regulation B1; or, as the case may be,

(bb) a short service award under regulation B2;

(cc) an ill-health pension under regulation B3;

(dd) a deferred pension under regulation B5;

(ee) an award by way of repayment of aggregate pension contributions under regulation B6

of the 1988 Regulations,

(ii) where he has retired with an entitlement mentioned in sub-paragraph (i) and before retiring he had made an election under regulation G4(1) of the 1988 Regulations (election not to pay pension contributions) which had not been cancelled before retiring, the applicable time is the time when he made that election.

(c) In a case falling within paragraph 9(d) of Schedule 2, the applicable time is the time when he made his election under regulation G4(1) of the 1988 Regulations.”]

[F23 (g)] there were added at the end—

“(3) For the purposes of paragraph (1), the total pensionable service which a police officer was entitled to reckon at [F24 the applicable time] shall be calculated by the Board as the sum of—

(a) the pensionable service he was entitled to reckon under Part F of the 1988 Regulations at that time multiplied by the appropriate conversion factor—

(i) where he has not yet attained the age of 55 years, applicable to his age next birthday at the notional commencement of pension contributions under the 1988 Regulations, or

(ii) where he has attained the age of 55 years, applicable to the number of years’ qualifying service as a police officer he had completed [F25 at the applicable time]

given in the following table—

TABLE OF CONVERSION FACTORS

If under age 55 Age next birthday at notional commencement of pension contributions under the 1988 Regulations	If aged 55 or above Number of years’ qualifying service completed at [F26 the applicable time]	Periods with full spouse benefit	For female officers, periods with no spouse benefit
25 and below	30	7/6ths	113%
26	29	115%	111%
27	28	113%	109%
28	27	111%	107%
29	26	108%	104%
30	25	105%	104%
31	24	102%	98%
32	23	99%	95%
33	22	96%	92%
34	21	92%	88%
35 and above	20 or fewer	88%	84%

and

(b) in the case of a police officer such as is mentioned in paragraph 9(c) of Schedule 2 who had elected to purchase increased benefits in accordance with the Police Pensions (Purchase of Increased Benefits) Regulations 1988(24), such additional sixtieths as he was entitled to reckon under regulation 8(2) of those Regulations immediately before his retirement, multiplied by the conversion factor of 88%.

(4) For the purposes of paragraph (3)—

(a) “age next birthday at the notional commencement of pension contributions under the 1988 Regulations”, means the age he would attain on the birthday following the date on which he would have attained an exact age determined by subtracting the length of his qualifying service under the 1988 Regulations from his exact age on the date when he commenced paying contributions under these Regulations; and

(b) “qualifying service” and “qualifying service under the 1988 Regulations” mean the period in years he was entitled to reckon as pensionable service under the 1988 Regulations, except that where some or all of the service he was so entitled to reckon was part-time service it means the period in years he would have been entitled to reckon as pensionable service if in any period of part-time service he had served full-time.”

Textual Amendments

F22 Sch. 2 para. 9(e)(f) substituted for words in Sch. 2 para. 9 (with effect in accordance with reg. 1(2) of the amending Rule) by The Police Pension (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/348), reg. 1(1), Sch. 2 para. 3(2)

F23 Sch. 2 para. 9(e) renumbered as Sch. 2 para. 9(g) (with effect in accordance with reg. 1(2) of the amending Rule) by The Police Pension (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/348), reg. 1(1), Sch. 2 para. 3(3)

F24 Words in Sch. 2 para. 9 substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Police Pension (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/348), reg. 1(1), Sch. 2 para. 3(3)(a)

F25 Words in Sch. 2 para. 9 substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Police Pension (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/348), reg. 1(1), Sch. 2 para. 3(3)(b)

F26 Words in Sch. 2 para. 9 substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Police Pension (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/348), reg. 1(1), Sch. 2 para. 3(3)(c)

Commencement Information

I10 Sch. 2 para. 9 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

10.  In the case of a police officer to whom paragraph 1 applies and who has made an election in accordance with paragraphs 6 and 7 or to whom paragraph 3 applies and who has made an election in accordance with paragraphs 4 and 5— N.I.

(a) the pensionable service he is entitled to reckon, in accordance with regulations 8 to 13 shall include the pensionable service he was entitled to reckon under the 1988 Regulations at the time of his retirement with an entitlement to an award by way of repayment of aggregate pension contributions under regulation B6 of those Regulations, an ordinary pension under regulation B1 of those Regulations or, as the case may be, a deferred pension under regulation B5 of those Regulations; and

(b) for the purposes of sub-paragraph (a), the pensionable service he was so entitled to reckon shall be such as is calculated by the Board in accordance with the provisions of Schedule 3.

Commencement Information

I11 Sch. 2 para. 10 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

11.  In the case of a police officer to whom paragraph 1 or 3 applies, for the purposes of regulation 21 (final pensionable pay), paragraph (1)(b) and (c) of that regulation shall not have effect unless the periods of twelve months mentioned in that paragraph began on or after the date when pension contributions were first paid by him under regulation 5(1). N.I.

Commencement Information

I12 Sch. 2 para. 11 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

12.  A police officer to whom these Regulations apply by virtue of regulation 4(2) and who has begun to pay contributions under regulation 5(1) may no longer pay pension contributions under the 1988 Regulations . N.I.

Commencement Information

I13 Sch. 2 para. 12 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

13.  In the case of— N.I.

(a) an officer to whom regulation 4(2)(a)(v) applies who is in receipt of an ill-health pension under regulation B3 of the 1988 Regulations; or

(b) an officer to whom regulation 4(2)(a)(v) applies who is in receipt of a deferred pension under regulation B5 of the 1988 Regulations,

and who, in either case, has on or after 6th April 2006 rejoined the service (otherwise than in the circumstances set out in regulation 4(2)(c)(i), (ii) or (iii)), regulation 48 shall apply in relation to his ill-health pension as if it were a standard ill-health pension under regulation 26 or in relation to his deferred pension as if it were a deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment under regulation 29 (as the case may be); and if a portion of his pension was commuted for a lump sum under regulation B7 of the 1988 Regulations, regulation 25(2) shall have effect as if references to the previous lump-sum payment and to the most recent lump sum payment included references to the lump sum paid by way of commutation.

Commencement Information

I14 Sch. 2 para. 13 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

14.  References in the foregoing paragraphs to retirement with an entitlement to an award under the 1988 Regulations shall be construed as including a reference to ceasing to serve, otherwise than upon retirement, with such an entitlement. N.I.

Commencement Information

I15 Sch. 2 para. 14 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

Regulation 4(8)

SCHEDULE 3 N.I. TRANSFER ELECTIONS UNDER REGULATION 4(8)

1.  Where a police officer wishes to make a transfer election in accordance with regulation 4(8) he shall do so by giving written notice to the Board— N.I.

(a) in the case of an officer to whom these Regulations apply by virtue of regulation 4(2)(a)(iv) or (v), or to whom regulation 4(6) or (7) applies, or is such as is mentioned in regulation 4(8)(c), within such period of three months beginning no later than 1st January 2007 as the Secretary of State may determine, or such longer period as the Board may, by reason of exceptional circumstances in that officer’s case, in their discretion allow; or

(b) in the case of an officer—

(i) to whom these Regulations apply by virtue of regulation 4(2)(a)(ii);

(ii) to whom these Regulations apply by virtue of regulation 4(2)(a)(iv) or (v) and who re-joined the police service on a date after that on which the period of three months mentioned in sub-paragraph (a) commenced;

(iii) who, for the purposes of regulation 4(6)(b), is treated as continuing to serve notwithstanding his dismissal and whose reinstatement following a successful appeal occurs on a date after that on which the period of three months mentioned in sub-paragraph (a) commenced; or

(iv) who is such as is mentioned in regulation 4(8)(c), and who rejoined the police service on a date after that on which the period of three months mentioned in sub-paragraph (a) commenced,

within the period of three months beginning on the date on which he first so rejoined the police service or, as the case may be, was reinstated (or such longer period as the Board may, by reason of exceptional circumstances in that officer’s case, in their discretion allow).

Commencement Information

I16 Sch. 3 para. 1 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

2.  A transfer election made in accordance with regulation 4(8) within the period of three months mentioned in sub-paragraph (a) of paragraph 1 (or such longer period as the Board may allow in accordance with that sub-paragraph) shall, in the case of an officer to whom regulation 4(6) applies, take effect as from 6th April 2006; but in the case of— N.I.

(a) such a transfer made by any other officer to whom paragraph 1(a) applies; or

(b) an officer such as is mentioned in paragraph 1(b),

the transfer election shall take immediate effect unless—

(c) in a case falling within paragraph 1(a), regulation 4(7) applies to the officer and he has made a transfer election before the cancellation of the election to stop paying contributions has come into effect, in which case the transfer election takes effect at the same time as the cancellation, or

(d) in a case falling within paragraph 1(a) or (b), regulation 4(2)(a)(ii) applies to the officer, in which case the transfer election takes effect in accordance with paragraph 9.

Commencement Information

I17 Sch. 3 para. 2 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

3.  A police officer who makes such a transfer election shall, no later than the last day of the period of three months mentioned in paragraph 1(a) or (b), as the case may be (or such longer period as the Board may allow in accordance with paragraph 1), pay all pension contributions then payable by him under the 1988 Regulations, including any payment he has undertaken to make under regulation F5 (previous service reckonable on payment) of those Regulations, and all periodical contributions then payable by him under the Police Pensions (Purchase of Increased Benefits) Regulations 1988. N.I.

Commencement Information

I18 Sch. 3 para. 3 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

4.  As from the date on which a police officer’s transfer election takes effect, he may no longer pay pension contributions under the 1988 Regulations. N.I.

Commencement Information

I19 Sch. 3 para. 4 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

5.  As from the date on which such a transfer election takes effect, the total pensionable service the police officer concerned was entitled to reckon under the 1988 Regulations immediately before that date, calculated in accordance with paragraphs 6, 7 and 9, shall be reckonable as pensionable service for the purposes of these Regulations. N.I.

Commencement Information

I20 Sch. 3 para. 5 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

6.  For the purposes of paragraph 5, the total pensionable service which a police officer was entitled to reckon immediately before that date shall be calculated by the Board as the sum of— N.I.

(a) the pensionable service he was entitled to reckon under Part F of the 1988 Regulations at that time, multiplied by the appropriate conversion factor—

(i) where he has not yet attained the age of 55 years, applicable to his age next birthday at the notional commencement of pension contributions under the 1988 Regulations, or

(ii) where he has attained the age of 55 years, applicable to the number of years’ qualifying service as a police officer he has completed as at the date on which his transfer election takes effect,

given in the following table—

TABLE OF CONVERSION FACTORS

If under age 55 Age next birthday at notional commencement of pension contributions under 1988 Regulations	If aged 55 or above Number of years’ qualifying service completed immediately before the date on which the transfer election takes effect	Periods with full spouse benefit	For female officers, periods with no spouse benefit
25 and below	30	7/6ths	113%
26	29	115%	111%
27	28	113%	109%
28	27	111%	107%
29	26	108%	104%
30	25	105%	101%
31	24	102%	98%
32	23	99%	95%
33	22	96%	92%
34	21	92%	88%
35 and above	20 or fewer	88%	84%

and

(b) in the case of a police officer who had elected to purchase increased benefits in accordance with the Police Pensions (Purchase of Increased Benefits) Regulations 1988(25), such additional sixtieths as he would have been entitled to reckon under regulation 8(2) of those Regulations if, immediately before the date on which his transfer election takes effect, he had made an election under regulation G4 of the 1988 Regulations, multiplied by the conversion factor of 88%:

Provided that—

(c) where a police officer has not paid the full amount due in accordance with paragraph 3 before the expiry of the period mentioned in that paragraph, the pensionable service he was entitled to reckon under the 1988 Regulations in respect of the period of service to which the contributions in question relate shall be the same proportion of that period of service as the amount which has been so paid bears to the total amount due; except that where the person concerned dies before the expiry of that period there shall be reckonable the full period of his pensionable service to which the amount due relates notwithstanding that the amount due has, in full or in part, not been paid in accordance with paragraph 3;

(d) in the case of a pension debit member, his pension debit under the 1988 Regulations shall be multiplied by the conversion factor of 105% and shall be treated as a pension debit under regulation 33; and

(e) for the purposes of these Regulations, the total pensionable service he was entitled to reckon under the 1988 Regulations shall not exceed 35 years.

Commencement Information

I21 Sch. 3 para. 6 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

7.  In paragraph 6— N.I.

(a) “age next birthday at the notional commencement of pension contributions under the 1988 Regulations ”, means the age he would attain on the birthday following the date on which he would have attained an exact age determined by subtracting the length of his qualifying service under the 1988 Regulations from his exact age on the date when he commenced paying contributions under these Regulations, and

(b) “qualifying service” and “qualifying service under the 1988 Regulations” mean the period in years he was entitled to reckon as pensionable service under the 1988 Regulations, except that where some or all of the service he was so entitled to reckon was part-time service it means the period in years he would have been entitled to reckon as pensionable service if in any period of part-time service he had served full-time.

Commencement Information

I22 Sch. 3 para. 7 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

8.—(1) A police officer to whom— N.I.

(a) regulation 4(2)(a)(iv) or (v), (6), (7) or (8)(c) applies and who does not make a transfer election within the period mentioned in paragraph 1 (a) or (b), as the case may be, or

(b) regulation 4(5) applies, and

(c) who, in either case, is entitled to a deferred pension under regulation B5 of the 1988 Regulations,

and who does not make a transfer election within the period mentioned in paragraph 1(a) or (b), as the case may be, may make a transfer election by giving written notice to the Board at any time before his retirement.

(2) In such a case, the pensionable service he was entitled to reckon under the 1988 Regulations which is to be reckoned as pensionable service for the purposes of these Regulations shall be calculated and credited by the Board in accordance with tables and guidance issued for the purpose by the Scheme actuary, as if a transfer value had been received under regulation 12(1).

Commencement Information

I23 Sch. 3 para. 8 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

9.  In the case of a police officer who, after making a transfer election in accordance with paragraph 1(b), makes an appropriate payment in accordance with regulation 10(1) in respect of a period of service as a police officer which ceased before the date on which that transfer election took effect, he shall be entitled to reckon as pensionable service for the purposes of these Regulations a period calculated by the Board by multiplying the period of pensionable service to which the appropriate payment relates by the appropriate conversion factor applicable to his age next birthday at the notional commencement of pension contributions under the 1988 Regulations, given in the table set out in paragraph 6. N.I.

Commencement Information

I24 Sch. 3 para. 9 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

10.  In the case of a police officer whose transfer election has taken effect, regulation 23 shall have effect as if, in paragraph (2), for the words “the officer became a member of the police service” to the end, there were substituted the words “a transfer election made by him in accordance with the provisions of Schedule 3 took effect”. N.I.

Commencement Information

I25 Sch. 3 para. 10 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

11.  In the case of a police officer who had allocated a portion of any pension to which he might become entitled in accordance with regulation B9 of the 1988 Regulations, such allocation shall have no further effect as from the date on which his transfer election takes effect. N.I.

Commencement Information

I26 Sch. 3 para. 11 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

12.  As from the date on which a transfer election made by a police officer takes effect, entitlement to awards to or in respect of him under the 1988 Regulations shall cease, except for entitlement to pension credit benefits. N.I.

Commencement Information

I27 Sch. 3 para. 12 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

13.  In relation to a police officer who makes a transfer election, regulation 55 (lump sum payments) shall have effect as if, for the words “he last began to serve as such” in paragraph (1) there were substituted the words “he made his transfer election under regulation 4(8)”. N.I.

Commencement Information

I28 Sch. 3 para. 13 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

14.  A police officer by whom pension contributions are payable under regulation G2(1) of the 1988 Regulations may make a provisional declaration for the purposes of regulation 37(2) which shall be— N.I.

(a) submitted to the Board no later than—

(i) the expiry of the last day of the period of three months mentioned in paragraph 1(a) (or of such longer period as the Board may allow in accordance with that paragraph); or

(ii) the day immediately before that on which he makes his transfer election,

whichever shall first occur; and

(b) be in the form specified in regulation 37(2).

Commencement Information

I29 Sch. 3 para. 14 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

15.  A provisional declaration made in accordance with paragraph 14 shall, as from the date on which the transfer election in question takes effect, take effect as if it had been made on that date pursuant to regulation 37(2): N.I.

Provided that if a police officer who has made a provisional declaration in accordance with paragraph 14 does not make a transfer election within the period of three months mentioned in paragraph 1(a) (or such longer period as the Board may allow under paragraph 1) the provisional declaration shall cease to have effect as from the end of that period.

Commencement Information

I30 Sch. 3 para. 15 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

16.  In the case of a police officer— N.I.

(a) to whom these Regulations apply by virtue of regulation 4(2)(a)(v); or

(b) to whom regulation 4(8)(c) applies,

and whose transfer election has taken effect, if a portion of his ill-health pension or deferred pension was commuted for a lump sum under regulation B7 of the 1988 Regulations, the proviso in regulation 25(2) shall have effect as if references to the previous lump sum payment and to the most recent lump sum included references to the lump sum paid by way of commutation.

Commencement Information

I31 Sch. 3 para. 16 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

17.—(1) If a police officer is ineligible for pension awards payable on the ground of permanent disablement under regulation G7 of the 1988 Regulations and is an officer to whom regulation 4(5), (6) or (7) applies, he may at the time of making his transfer election request by notice in writing given to the Board that his eligibility for pension awards payable on the ground of permanent disablement be redetermined by the Board in accordance with regulation 6. N.I.

(2) Where a police officer gives such notice as is mentioned in sub-paragraph (1), regulation 6 shall apply to him and his eligibility for pension awards payable on the ground of permanent disablement shall be determined by the police authority in accordance with that regulation, subject to any appeal in accordance with regulation 66; and if the Board determine under regulation 6(3) or 6(4) (as applicable) that the risk presented by that officer that he will retire on the ground that he is permanently disabled is such that the likely cost of providing him with benefits under these Regulations is not disproportionately high he shall be eligible for pension awards payable on the ground of permanent disablement from the date on which his transfer election took effect but only in respect of his pensionable service from that date.

(3) Where a police officer is eligible for pension awards payable on the ground of permanent disablement in accordance with sub-paragraph (2)—

(a) regulation 26 shall apply to him from the date on which his transfer election took effect; and

(b) in calculating his entitlement to any standard ill-health pension or any enhanced top-up ill-health pension the pensionable service he is entitled to reckon as at the date of his retirement shall only comprise service from the date on which his transfer election took effect.

(4) If, as a result of a determination and any appeal following that determination under sub-paragraph (2), the officer is ineligible for pension awards payable on the ground of permanent disablement for the purposes of these Regulations he may within 28 days of receiving notice of such ineligibility, elect to cancel his transfer election by notice in writing given to the Board.

(5) Where a police officer has elected to cancel his transfer election in accordance with paragraph (4), he shall be treated for all purposes as if the transfer election had not been made.

Commencement Information

I32 Sch. 3 para. 17 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

18.—(1) This sub-paragraph applies to a police officer who has made a transfer election in accordance with regulation 4(8) and who was ineligible for pension awards payable on the ground of permanent disablement under regulation G7 of the 1988 Regulations. N.I.

(2) A police officer to whom sub-paragraph (1) applies shall be ineligible for pension awards payable on the ground of permanent disablement in respect of the pensionable service he is entitled to reckon for the purposes of these Regulations under paragraphs 5 or 8, as applicable; and he shall remain so ineligible in respect of such pensionable service even if he subsequently makes an election under regulation 7(1) which is later cancelled under regulation 7(5)(6)(7)(8) or (9) or he retires or otherwise ceases to serve and subsequently rejoins his force or joins another force.

(3) Subject to paragraph 17, a police officer to whom sub-paragraph (1) applies shall also be ineligible for pension awards payable on the ground of permanent disablement for the purposes of these Regulations, as if he were so ineligible under regulation 6(5).

Commencement Information

I33 Sch. 3 para. 18 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

[F27 19.— (1) Subject to sub-paragraph (2), this paragraph applies to a police officer whose transfer election has taken effect and in respect of whom a transfer value has been paid under regulation F9 of the 1988 Regulations. N.I.

(2) This paragraph does not apply to a police officer who falls within paragraph 9(a) to (d) of Schedule 2.

(3) Regulation 13 (reckoning of service for purposes of awards) shall have effect subject to the modifications set out in paragraph 9 of Schedule 2, except that the modification in paragraph 9(f) shall not apply and instead regulation 13 shall have effect as if there were added after paragraph (1) the following paragraph—

“(1A) For the purposes of this regulation, the “applicable time” means the time when the police officer made an election under regulation G4(1) of the 1988 Regulations.”]

Textual Amendments

F27 Sch. 3 para. 19 inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Police Pension (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/348), reg. 1(1), Sch. 2 para. 4

Regulation 48(14)

SCHEDULE 4 N.I. PROGRESSIVE MEDICAL CONDITIONS

Commencement Information

I34 Sch. 4 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

• The progressive medical conditions mentioned in regulation 48(14) are:

• AIDS;

• Alzheimer’s disease;

• Cancer;

• Creutzfeld-Jacob disease;

• Huntington’s chorea;

• Motor neurone disease;

• Multiple sclerosis;

• Nieman Pick disease;

• Non-variant Creutzfeld-Jacob disease;

• Parkinson’s disease; and

• Variant Creutzfeld-Jacob disease.

Regulation 91A

[F28 SCHEDULE 4A N.I.

Textual Amendments

F28 Sch. 4A inserted (1.4.2013) by The Police Pension (Northern Ireland) (Amendment) Regulations 2013 (S.R. 2013/36), reg. 1(2), Sch. para. 9

1.   For regulation 4(1) substitute— N.I.

“(1) These Regulations shall apply to a part-time reserve officer who is a serving officer or first became such on or after 1st April 2013.”.

2.   Regulation 4(2) to (9) shall not apply to a part-time reserve officer. N.I.

3.   After regulation 6(1)(c) (eligibility for pension awards payable on the ground of permanent disablement) insert— N.I.

“(d) a candidate for appointment to the Police Service of Northern Ireland Reserve or a serving member of the Police Service of Northern Ireland Reserve as of 1st April 2013;”.

4.   In regulation 9(4) (previous service reckonable without payment) after “regulation 22” insert “or regulation 11A”. N.I.

5.   After regulation 11 (reckoning of part-time service) insert— N.I.

“Reckoning of service for a part-time reserve officer

11A.   In the case of a part-time reserve officer the number of days of pensionable service shall be calculated by the application of the following fraction:

Where—

• A is the total number of hours worked as a part-time reserve officer;

• B is the number of hours per week if service was on a full-time basis for an officer who meets definition (a) or (b) of “police officer”; and

• C is the number of weeks’ service in a full year for an officer who meets definitions (a) or (b) of “police officer.”.

6.   In regulation 16(2) (compulsory retirement on account of age) after sub-paragraph (b) insert— N.I.

“(c) if he is a part-time reserve officer, on attaining the age of 65 years.”

7.   At the end of regulation 17(3) (compulsory retirement on the grounds of the efficiency of the police service) insert “or a part-time reserve officer”. N.I.

8.   After regulation 18 (compulsory retirement on the grounds of disablement) insert— N.I.

“18A.— (1) The Chief Constable may require a part-time reserve officer to retire on the date on which, having considered all the relevant circumstances, advice and information available to him, he determines that he ought to retire on the grounds that he is permanently disabled for the performance of the ordinary duties of a member of the police service.

(2) A retirement under paragraph (1) shall be void if, after that date, on an appeal against the medical opinion on which the Chief Constable acted in determining that he ought to retire, the independent medical referee decides that the appellant is not permanently so disabled.

(3) This paragraph applies to a part-time reserve officer who is permanently disabled for the performance of the ordinary duties of a member of the police service but who, in accordance with a determination of the Chief Constable in the circumstances of his case, continues to serve as such.

(4) In respect of a part-time reserve officer to whom paragraph (3) applies, the Chief Constable may consider, at such times as he may in his discretion determine, whether the disablement has ceased, significantly worsened or significantly improved.

(5) If on any such consideration the Chief Constable, having considered all the relevant circumstances, advice and information available to him, determines that the part-time reserve officer ought to retire on the ground that he is permanently disabled for the performance of the ordinary duties of a member of the police service he shall require him to retire under paragraph (1) (subject to paragraph (2)).”.

9.   In regulation 20 (pensionable pay) at the end insert— N.I.

“and during any period of service as a part-time reserve officer it means so much of his pay as is attributable to the hours of duty which he is required to perform under regulation 16(4) of the Police Service of Northern Ireland Reserve (Part-Time) “Regulations 2004, account being taken of any retrospective increase in that pay”.

10.— (1) For regulation 22(2) (average pensionable pay) substitute— N.I.

“(2) Where a police officer (other than a part-time reserve officer) is entitled to reckon less than twelve months’ pensionable service, that aggregate shall be multiplied by the reciprocal of the fraction of the twelve-month period during which he was entitled to pensionable pay.”.

(2) After paragraph (5) insert—

“(6) Where any period of twelve months mentioned in regulation 21(1) includes a period of service as a part-time reserve officer, for the purposes of determining average pensionable pay, the officer’s pensionable pay, shall be increased by the following fraction:

Where—

• A is the number of hours worked as a part-time reserve officer in the twelve month period;

• B is the number of hours per week if service was on a full-time basis for an officer who meets definition (a) or (b) of “police officer”; and

• C is the number of weeks’ service in a full year for an officer who meets definition (a) or (b) of “police officer””.

11.— (1) Regulation 28(6) (calculation of enhanced top-up ill-health pension) is renumbered as paragraph (6)(a) N.I.

(2) After sub-paragraph (6)(a) as so renumbered insert—

“(b) In the case of a part-time reserve officer at the date of his retirement, in determining the number of years of pensionable service that he is entitled to reckon as at the date of his retirement for the purposes of paragraphs (4) and (5), a period of service by virtue of which his pensionable service is reckonable as if it were a period of full-time service (but this paragraph does not apply so as to affect any other references to pensionable service in paragraphs (4), (5), and (7)).”.

(3) Regulation 28(7) is renumbered as paragraph (7)(a).

(4) After sub-paragraph (7)(a) so as renumbered insert—

“(b) In the case of a part-time reserve officer at the date of his retirement, the period of prospective service for the purposes of paragraph (4)(b) or (5), as the case may be shall be calculated using the formula in regulation 11A where A in that formula is the contracted annual hours for such an officer (and a proportion of those hours for each partial year) during the period beginning with the date of the officer’s retirement and ending on the day immediately before that on which he would attain the age of 55 years.”.

12.   After regulation 35(4)(d) insert— N.I.

“(e) by regulation 5 of the Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991 (which defines short service benefit in a lump sum form).”.

13.   After regulation 48(17) (review and cancellation of pensions payable on the ground of permanent disablement) insert— N.I.

“(18) In its application to a part-time reserve office, any consideration by the Board under paragraph (1) shall be of whether the disablement of the person concerned has significantly worsened such that he has become permanently disabled for engaging in any regular employment (in the case of a person such as is mentioned in paragraph (1)(a)(i)) or improved such that his disablement for engaging in any regular employment has ceased (in the case of a person such as is mentioned in paragraph (1)(a)(ii)).”.

14.— (1) In regulation 53(2) (election to purchase increased benefits) at the end insert— N.I.

“save that a part-time reserve officer may only make such an election on or after 1st April 2013”.

(2) After paragraph (4) insert—

“(4A) In the case of a part-time reserve officer, each added year which the officer elects to purchase shall be treated as one additional year of service as a part-time reserve officer.

As such the period of additional pensionable service reckonable will be calculated using the formula in regulation 11A, with the number of hours (A in this formula) being taken as the contracted annual hours for a part-time reserve officer for each added year.”.

15.   After regulation 56(1) (payment by periodical contributions) insert— N.I.

“(1A) Where a part-time reserve officer becomes a constable of the Police Service of Northern Ireland as defined in section 1(2) of the Police (Northern Ireland) Act 2000 the periodical contributions made by him under this regulation shall cease.”.

16.— (1) After regulation 57(1) (reckoning of increased benefits) insert— N.I.

“(1A) In the case of a part-time reserve officer, subject to the following provisions of this regulation, for the purposes of calculating any award under Part 4 to or in respect of a police officer, added years purchased in pursuance of an election under regulation 53(2) shall be treated as one additional year of service as a part-time reserve officer and will be reckonable by him.

As such, the period of additional pensionable service reckonable will be calculated using the formula in regulation 11A, with the number of hours (A in this formula) being taken as the total contracted annual hours for a part-time reserve officer for each added year.

(1B) Every reference in this regulation to—

(a) reckoning the number of added years specified in the notice of election under regulation 53(3)(a); or

(b) reckoning the proportion of added years specified in the notice of election under regulation 53(3)(a);

shall be read as the pensionable service reckonable for the number of added years after the application of the calculation in paragraph (1A).”.

(2) In paragraph (6) after “regulation 53(3)(a)” insert “or, where he is a part-time reserve officer, service which would have been reckonable for the number of added years specified in the said notice of election”.

17.   After regulation 71(b) refusal to be medically examined) insert— N.I.

“(c) if the question arises for a part-time reserve officer otherwise than on an appeal under regulation 68 the Chief Constable may dismiss the member.”.

18.   Regulations 76 and 82 to 90 shall not apply to a part-time reserve officer. N.I.

19.   In Schedule 1 (glossary of expressions) insert the following definition at the appropriate place— N.I.

““part-time reserve officer” means a member of the Police Service of Northern Ireland Reserve appointed on a part-time basis and references to the Police Service of Northern Ireland Reserve appointed on a part-time basis shall be read in accordance with section 1(3) of the Police (Northern Ireland) Act 2000;”]

Regulation 92

SCHEDULE 5 N.I. AMENDMENT OF THE POLICE SERVICE OF NORTHERN IRELAND AND POLICE SERVICE OF NORTHERN IRELAND RESERVE (INJURY BENEFIT) REGULATIONS 2006

1.  The Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Inquiry Benefit) Regulations 2006 (“the 2006 Injury Regulations”) are amended in accordance with this Schedule. N.I.

Commencement Information

I35 Sch. 5 para. 1 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

2.  For regulation 3 substitute the following— N.I.

“3.— (1) For the purposes of calculating an award to or in respect of a member of the police service his pensionable pay shall be calculated—

(a) in a case where his pension contributions were payable under regulation G2 of the 1988 Regulations, in the same way as if the award were one payable under the 1988 Regulations, in accordance with regulation G1(1) and (1A) of those Regulations;

(b) in a case where his pension contributions were payable under regulation 5 of the 2009 Regulations, in the same way as if the award were one payable under the 2009 Regulations, in accordance with regulation 20 of those Regulations.

(2) For the purposes of calculating an award to or in respect of a member of a police force his average pensionable pay shall be calculated—

(a) in a case such as is mentioned in paragraph (1)(a), in the same way as if it were an award payable under the 1988 Regulations, in accordance with regulation G1(2) to (7) of those Regulations, and as if—

(i) the relevant date for the purposes of that regulation were the date of his last day of service as a police officer, and

(ii) the provisions specified in paragraph 4(4) of Part VI of Schedule J (part-time service) to the 1988 Regulations included the following provisions of these Regulations, that is to say regulations 12(2) and (3) (amount of adult survivor’s special award), 13(2)(a) (amount of adult survivor’s augmented award) and 16(3), (4), (5) and (6) (amount of child’s special allowance), and paragraphs 1, 2 and 4 of Schedule 5 (adult dependent relative’s special pension);

(b) in a case such as is mentioned in paragraph (1)(b), in the same way as if it were an award payable under the 2009 Regulations, in accordance with regulation 22 of those Regulations, and as if—

(i) the period of twelve months mentioned in regulation 22(1) of those Regulations were the period of twelve months ending with the date of his last day of service as a police officer and

(ii) the provisions specified in regulation 22(4) of the 2009 Regulations (average pensionable pay) included the provisions of these Regulations mentioned in sub-paragraph (a)(ii).

(3) For the purposes of an award calculated in accordance with paragraphs (1) and (2) references in such provisions of the 1988 Regulations or, as the case may be, of the 2009 Regulations as are mentioned in those paragraphs to a person’s pensionable service shall in the case of a police officer who has made an election under regulation G4(1) of the 1988 Regulations or, as the case may be, regulation 7(1) of the 2009 Regulations include references to the pensionable service which would have been reckonable by him if he had not made such an election.

(4) For the purposes of calculating an award to or in respect of a police officer his aggregate pension contributions shall be calculated—

(a) in a case where his pension contributions were payable under regulation G2 of the 1988 Regulations, in the same way as if it were an award payable under the 1988 Regulations, in accordance with regulation A9 of those Regulations;

(b) in a case where his pension contributions were payable under regulation 5 of the 2009 Regulations, in the same way as if it were an award payable under the 2009 Regulations, in accordance with regulation 23 of those Regulations.”

Commencement Information

I36 Sch. 5 para. 2 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

3.  For regulation 11(3) substitute the following— N.I.

“(3) For the purposes of paragraph (2)(b) the amount of aggregate pension contributions in respect of the relevant period of service shall be calculated—

(a) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation G2(1) of the 1988 Regulations or would have been so payable but for an election under regulation G4(1) of the 1988 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation A9 of those Regulations;

(b) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation 5 of the 2009 Regulations or would have been so payable but for an election under regulation 7 of the 2009 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation 23 of those Regulations.”

Commencement Information

I37 Sch. 5 para. 3 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

4.  In regulation 12(2)(b)(ii) after “the 1988 Regulations ” insert “or, as the case may be, regulation 26 of the 2009 Regulations”. N.I.

Commencement Information

I38 Sch. 5 para. 4 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

5.  In regulation 20(2) after “the 1988 Regulations” insert “or, as the case may be, under regulations 67, 68 or 69 of the 2009 Regulations”. N.I.

Commencement Information

I39 Sch. 5 para. 5 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

6.  In regulation 21— N.I.

(a) in paragraph (1) after “the 1988 Regulations ” insert “or, as the case may be, regulation 41 or 42 of the 2009 Regulations”;

(b) in paragraph (2)(a)(i) after “the 1988 Regulations ” insert “or, as the case may be, regulation 41 or 42 of the 2009 Regulations”;

(c) in paragraph (2)(a)(ii) after “the 1988 Regulations ” insert “or, as the case may be, regulation 43 of the 2009 Regulations”;

(d) in paragraph (2)(b)(ii)(C) after “the 1988 Regulations ” insert “or, as the case may be, regulation 26 of the 2009 Regulations”;

(e) in paragraph (2)(c) after “the 1988 Regulations ” insert “or, as the case may be, regulation 41 of the 2009 Regulations”.

Commencement Information

I40 Sch. 5 para. 6 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

7.  In regulation 23(5) after “the 1988 Regulations ” insert “or the 2009 Regulations”. N.I.

Commencement Information

I41 Sch. 5 para. 7 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

8.  In regulation 25— N.I.

(a) in paragraph (1) after “the 1988 Regulations ” insert “or the 2009 Regulations”;

(b) in paragraph (2)—

(i) after “the 1988 Regulations” insert “or regulation 35 of the 2009 Regulations”; and

(ii) for the words “the said regulation B7” substitute “either of the regulations mentioned in sub-paragraph (b)”.

Commencement Information

I42 Sch. 5 para. 8 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

9.  In regulation 26— N.I.

(a) in paragraph (1)(a) after “the 1988 Regulations ” insert “or an adult survivor’s pension under regulation 38 of the 2009 Regulations”;

(b) in paragraph (1)(b) after “the 1988 Regulations ” insert “or a child survivor’s pension under regulation 39 of the 2009 Regulations”.

Commencement Information

I43 Sch. 5 para. 9 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

10.  In regulation 27— N.I.

(a) in paragraph (1)(b) after “the 1988 Regulations ” insert “or Part 4 of the 2009 Regulations”;

(b) in paragraph (2) after “Part D of the 1988 Regulations ” insert “or regulation 39 of the 2009 Regulations”;

(c) in paragraph (2)(ii) after “Part B of the 1988 Regulations ” insert “or, as the case may be, Part 4 of the 2009 Regulations”.

Commencement Information

I44 Sch. 5 para. 10 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

11.  In regulation 29(2)— N.I.

(a) after “regulation H1(2) of the 1988 Regulations ” insert “or regulation 65 of the 2009 Regulations”;

(b) after “Part H of the 1988 Regulations ” insert “or, as the case may be, Part 7 of the 2009 Regulations”.

Commencement Information

I45 Sch. 5 para. 11 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

12.  In regulation 35— N.I.

(a) in paragraph (2) after “the 1988 Regulations ” insert “or the 2009 Regulations”;

(b) in paragraph (3) after “the 1988 Regulations ” insert “or regulation 48(5) or (6) of the 2009 Regulations”;

(c) in paragraph (4) after “the 1988 Regulations ” insert “or regulation 48(11)(d) of the 2009 Regulations”.

Commencement Information

I46 Sch. 5 para. 12 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

13.  In regulation 38 after paragraph (4) insert the following paragraph— N.I.

“(4A) The Board may, to such extent as they at any time in their discretion think fit—

(a) apply for the benefit of any adult or child survivor of the grantee of the pension; or

(b) restore to the grantee of the pension,

any amount or amounts of any pension that has or have been forfeited under this regulation.”

Commencement Information

I47 Sch. 5 para. 13 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

14.  In Schedule 1, at the appropriate place insert— N.I.

““the 2009 Regulations” means the Police Pension (Northern Ireland) Regulations 2009”.

Commencement Information

I48 Sch. 5 para. 14 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

15.  In Schedule 3— N.I.

(a) in paragraph 5 after “the 1988 Regulations ” insert “or regulation 7(1) of the 2009 Regulations”;

(b) in paragraph 6(1) after “the 1988 Regulations ” insert “or, as the case may be, Part 4 of the 2009 Regulations”;

(c) in paragraph 6(2)(b) after “the 1988 Regulations ” insert “or, as the case may be, regulation 35 of the 2009 Regulations”;

(d) in paragraph 6(3) after “the 1988 Regulations ” insert “or, as the case may be, regulation 7(1) of the 2009 Regulations”.

Commencement Information

I49 Sch. 5 para. 15 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

(1)

S.R. (N.I) 1988 No.374

(2)

1993 c.49

(3)

1999 c.30

(4)

S.R. (N.I.) 2005 No.547

(5)

2000 c.32

(6)

2004 c.33

(7)

S.R.(N.I) 2000 No.315 which were subsequently amended by S.R. (N.I) 2001 No.184, S.R.(N.I) 2003 No.68 then by S.R.(N.I) 2004 No.315 then by S.R.(N.I) 2005 No.341

(8)

S.R.(N.I) 2000 No.320 which were subsequently amended by S.R.(N.I) 2001 No.184 then by S.R.(N.I) 2003 No.68 then by S.R.(N.I) 2004 No.315

(9)

Regulation 5 has been amended by S.R.(N.I) 2004 No.37

(10)

Section 97B was inserted by article 34 of the Welfare, Reform and Pensions (Northern Ireland) Order (S.I. 1999/3147 (N.I.11))

(11)

1995 c.26.

(12)

S.I. 1999/3147 (N.I.11)

(13)

1999 c.30

(14)

2004 c.33

(15)

1971 c.35 (N.I.)

(16)

1974 c.9

(17)

1976 c.35; section 11(2) was amended by the Police and Magistrates’ Courts Act 1994 (c.29), Schedule 5, Part 2, paragraph 20(3), the 1996 Act, Schedule 7, paragraph 33, the Police Act 1997 (c.50), Schedule 9, paragraph 33(2)(b) and 33(2)(c), the Criminal Justice and Police Act 2001 (c.16), section 126(3) and Schedule 4, paragraph 6 and the Police Reform Act 2002, Schedule 7, paragraph 7(1) and (2)

(18)

1996 c.16

(19)

1967 c.77

(20)

2000 c.32

(21)

Section 97(1) was amended by the Police Act 1997 (c.50), Schedule 9, paragraph 86(2), the Criminal Justice and Police Act 2001 (c.16), Schedule 4, paragraph 7(3)(a), the International Development Act 2002 (c.1), Sch3edule 3, paragraph 11 and Schedule 4, the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraphs 1 and 30(1) and (2) and the Police Reform Act 2002 (c.30), Schedule 7, paragraph 19(1)

(22)

1998 c.32

(23)

1992 c.7

(24)

S.R. 1988 No.379; relevant amendments were made by S.R. 1990 No.411 and S.R. 2004 No.384

(25)

SR 1988 No 379; relevant amendments were made by SR 1990/411 SR 2004/384 and 2006/122