PART 1Introductory provisions

Citation and commencementI11

These Regulations—

a

may be cited as the Police Pensions (Remediable Service) Regulations (Northern Ireland) 2023; and

b

come into operation on 1st October 2023.

Annotations:
Commencement Information
I1

Reg. 1 in operation at 1.10.2023, see reg. 1(b)

InterpretationI22

1

In these Regulations—

  • the 1988 Regulations” means the Royal Ulster Constabulary Pensions Regulations 19885, and “the 1988 scheme” means the pension scheme established by those Regulations;

  • the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland) Order 19996

  • the 2009 Regulations” means the Police Pension (Northern Ireland) Regulations 20097, and “the 2006 scheme” means the pension scheme established by those Regulations;

  • the 2015 Regulations” means the Police Pensions Regulations (Northern Ireland) 20158;

  • PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

  • the PSP(NI) Directions 2023” means the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions (Northern Ireland) 2023;

  • deferred choice decision” has the meaning given in regulation 12(1);

  • deferred choice decision-maker” means the person who may make a deferred choice decision under regulation 12(2);

  • deferred choice member” means a member with remediable police service who is not an immediate choice member;

  • eligible child” means, in relation to—

    1. a

      the 1988 scheme, a person in respect of whom a child’s allowance is payable under that scheme;

    2. b

      the 2006 scheme, a person in respect of whom a child survivor’s pension is payable under that scheme;

    3. c

      the reformed scheme, an eligible child within the meaning of regulation 143 of the 2015 Regulations;

  • end of the section 10 election period”, in relation to a deferred choice member, means the time determined in accordance with—

    1. a

      where the member is the deferred choice decision-maker, regulation 13(3)(b);

    2. b

      where a person other than the member is the deferred choice decision-maker, regulation 14(2)(b);

  • immediate choice decision” has the meaning given in regulation 8(1);

  • immediate choice decision-maker” means the person who may make an immediate choice decision under regulation 8(2);

  • immediate choice member” means a member with remediable police service who, immediately before 1st October 2023, was deceased or entitled to the present payment of a pension, other than a deferred choice pension under the 1988 scheme, the 2006 scheme or the reformed scheme and “deferred choice pension” means a pension the rate of which—

    1. a

      is not determined (by any extent) by reference to the member’s remediable service, and

    2. b

      is not affected by the coming into force of section 2(1) of PSPJOA 2022;

  • the “legacy scheme”, in relation to a member, means whichever of the 1988 scheme or the 2006 scheme is the relevant Chapter 1 legacy scheme9 for the member, and “legacy scheme benefits” means benefits calculated in accordance with that scheme;

  • member” means an active, deferred, deceased or pensioner, but not a pension credit, member of a police pension scheme10;

  • opted-out service election” has the meaning given in regulation 6(1);

  • police pension scheme” means the 1988 scheme, the 2006 scheme or the reformed scheme;

  • the reformed scheme” means the pension scheme established by the 2015 Regulations, and “reformed scheme benefits” means new scheme benefits11 under the reformed scheme;

  • remediable police service” means, in relation to a member, the member’s remediable service12 in an employment or office that is pensionable service13 under a police pension scheme;

  • remedy member” means a deferred choice member or an immediate choice member;

  • section 6 election” has the meaning given in regulation 8(1)(a);

  • section 10 election” has the meaning given in regulation 12(1)(a).

2

For the purposes of these Regulations, a reference in PSPJOA 2022 to section 2(1) of that Act coming into operation is to be understood as a reference to that section coming into operation in relation to members of the police pension scheme.

3

A term used in these Regulations which—

a

is defined in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022, and

b

is not defined differently in these Regulations,

has the meaning given in, or for the purposes of, that provision.

4

A term used in these Regulations which—

a

is defined in the 1988 Regulations, the 2009 Regulations or the 2015 Regulations (“the relevant Regulations”), and

b

is not defined differently—

i

in these Regulations, or

ii

in, or for the purposes of, a provision in Chapter 1 of Part 1 to PSPJOA 2022,

has, in relation to the scheme established by the relevant Regulations, the meaning given in those Regulations.

5

In these Regulations, a reference to a provision of the PSP(NI) Directions 2023 is a reference to that provision as amended from time to time.

6

The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Assembly14.

Annotations:
Commencement Information
I2

Reg. 2 in operation at 1.10.2023, see reg. 1(b)

DelegationI33

1

Subject to the exceptions in regulation 3(2), the scheme manager may delegate any functions of the scheme manager under these Regulations, including this power to delegate.

2

The scheme manager may not delegate any functions of the scheme manager under regulations 59, 62 and 63.