Amendment of the Police Pensions (Remediable Service) Regulations (Northern Ireland) 2023I12
1
The Police Pensions (Remediable Service) Regulations (Northern Ireland) 20235 are amended in accordance with this regulation.
2
In regulation 12 (Deferred choice decision for reformed scheme or legacy scheme benefits: general), in paragraph (7)(b), for “take” substitute “takes”
.
3
In regulation 17 (Application and interpretation of Chapter 1), in paragraph (2), omit the definition of “appropriate person”.
4
In regulation 21 (Information provided before 1st October 2023: applying a remediable credit adjustment), in paragraph (5)(a) after “(4)(b)” insert “(i)”
.
5
After regulation 43 (Variation of the club transfer application period), insert—
Chapter 3ATransfers on a non-club basis
Non-club transfers in43A
1
This regulation applies in relation to a remedy member (“M”) to whom—
a
regulation F6 of the 1988 Regulations (previous service reckonable under current interchange arrangements)6 would have applied, had M been a member of the 1988 Scheme during the remedy period, or
b
regulation 12 of the 2009 Regulations (service reckonable by reason of transfer value)7 would have applied, had M been a member of the 2006 Scheme during the remedy period.
2
A scheme manager may decide to accept, in respect of M’s former service, a transfer value in accordance with, as the case may be—
a
regulation F6 of the 1988 Regulations, or
b
regulation 12 of the 2009 Regulations.
3
A decision under paragraph (2) may only be made—
a
if the scheme manager is satisfied that it is more likely than not that, but for a relevant breach of the non-discrimination rule, the same or a similar decision would, during the period of M’s remediable police service, have been made by the scheme manager,
b
before—
i
the end of the period of one year beginning with the day on which a remediable service statement is first provided in respect of M, or
ii
such later time as the scheme manager considers reasonable in all the circumstances, and
c
after an application in accordance with paragraph (4) is approved by the scheme manager.
4
An application is made in accordance with this paragraph where—
a
it is in writing in a form and manner determined by the scheme manager,
b
it is accompanied by any information the scheme manager reasonably requires to be provided for the purposes of—
i
making a decision under paragraph (2);
ii
determining the matters mentioned in paragraph (3)(a), and
c
it is received by the scheme manager—
i
before the end of the period of six months beginning with the later of—
aa
the day on which a remediable service statement is first provided in respect of M;
bb
the day on which this regulation comes into force, or
ii
such later time as the scheme manager considers reasonable in all the circumstances.
6
After regulation 51 (Deciding whether a 1988 IHR member is entitled to an upper tier award), insert—
51ADetermining the value of M’s remediable ill-health benefits
The scheme manager must, as soon as reasonably practicable after 1st October 2023, determine the value of M’s remediable ill-health benefits as if they had been secured in M’s alternative scheme.
7
In regulation 54 (elections for non-pensionable payment instead of temporary pay)—
a
in paragraph (4)(b)(ii), after “regulation (4)(2)(a)”, insert “or (c)”
;
b
in paragraph (5)(a) omit “, having consulted the scheme actuary,”.
8
In regulation 58 (indirect compensation), in paragraph (2), for “24” substitute “23”
.
9
In regulation 59 (applications for compensation or indirect compensation), in paragraph (2)(b), for “require” substitute “requires”
.
10
In regulation 60 (netting off), in paragraph (3)(a), for “(provision of information)” substitute “(provision of explanation)”
.
11
In the shoulder reference to the Schedule (eligible decision-makers for deceased members), for “4(1)” substitute “4(3)”
.