The Police Pensions (Remediable Service) (Amendment) Regulations (Northern Ireland) 2024

Amendment of the Police Pensions (Remediable Service) Regulations (Northern Ireland) 2023

2.—(1) The Police Pensions (Remediable Service) Regulations (Northern Ireland) 2023(1) 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 1^st 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 3A Transfers on a non-club basis

Non-club transfers in

43A.— (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)(2) 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)(3) 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—

“Determining the value of M’s remediable ill-health benefits

(51A) 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)”.

(1)

S.R. 2023 No. 122.

(2)

S.R. 1988 No. 374.

(3)

S.R. 2009 No. 79.