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THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

Type Ni-Statutory-Rule

Publication 2009-03-02

Last updated 2024-04-01

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Reform history JSON API

Made: 2nd March 2009

Laid before Parliament: 12th March 2009

Coming into operation: 6th April 2009

The Secretary of State has consulted with the Police Negotiating Board in accordance with section 62(3) of the Police Act 1996[^f00003], and the Northern Ireland Policing Board and the Police Association in accordance with section 26(6) of the 1998 Act.

PART 1 — GENERAL

Citation, commencement and revocation

1

(1) These Regulations may be cited as the Police Pension (Northern Ireland) Regulations 2009.

(2) These Regulations come into operation on 6th April 2009 and have effect from 6th April 2006, subject to paragraph (3).

(3) The following regulations have effect from 31st December 2007—

(a) regulation 10(2)(c); and

(b) regulation 74(9).

(4) The Police Pension (Northern Ireland) Regulations 2007[^f00004] are revoked.

Meaning of certain expressions and references – general provision

2

(1) In these Regulations unless the context otherwise requires—

(a) the expressions contained in the glossary set out in Schedule 1 shall be construed as provided in that Schedule;

(b) any reference to a member of the police service, however expressed, includes a reference to a person who has been such a member;

(2) For the purposes of these Regulations, an inspector of constabulary, a specified employee of SOCA or a police officer engaged on relevant service shall be deemed to be a member of the police service.

(3) In relation to an inspector of constabulary or an officer engaged on relevant service, any reference in these Regulations to the Board shall be construed as a reference to the Secretary of State.

(4) In relation to a specified employee of SOCA—

(a) any reference in these Regulations to the Board shall be construed as a reference to SOCA; and

(b) any reference in these Regulations to the police service shall be construed as a reference to SOCA.

Disablement

3

(1) A reference in these Regulations to a person being permanently disabled is to be taken as a reference to that person being disabled at the time when the question arises for decision and to that disablement being at that time likely to be permanent.

(2) For the purposes of deciding if a person’s disablement is likely to be permanent that person shall be assumed to receive normal appropriate medical treatment for his disablement, and in this paragraph “appropriate medical treatment” shall not include medical treatment that it is reasonable in the opinion of the Board for that person to refuse.

(3) Subject to paragraph (4), disablement means inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a member of the police service or, as the case may be, to engage in any regular employment otherwise than as a police officer, except that in relation to a child survivor or an adult survivor of a police officer it means inability, occasioned by infirmity of mind or body, to earn a living.

(4) Where a person has retired or otherwise ceased to serve as a police officer before becoming disabled and the date on which he becomes disabled cannot be ascertained, it shall be taken to be the date on which the claim that he is disabled is first made to the Board.

(5) In this regulation, “infirmity” means a disease, injury or medical condition, and includes a mental disorder, injury or condition.

PART 2 — ELIGIBILITY FOR PENSION AWARDS, PENSIONABLE SERVICE AND RETIREMENT

Eligibility for pension awards

Application of Regulations

4

(1) These Regulations shall apply to a police officer who first became such on or after 6th April 2006.

(2) These Regulations shall also apply, subject to and in accordance with the provisions of Schedule 2, to a police officer who—

(a) first became such before 6th April 2006 and retired or otherwise ceased to serve—

(i) with no entitlement to an award under the 1988 Regulations;

(ii) with an entitlement to an award by way of repayment of his aggregate pension contributions under regulation B6 of those Regulations;

(iii) with an entitlement to an ordinary pension under regulation B1 of those Regulations, a short service award under regulation B2 of those Regulations or an entitlement to a deferred pension under regulation B5 of those Regulations and, in any of those cases, the award is in payment (otherwise than where the deferred pension is in payment due to permanent disablement);

(iv) with an entitlement to an ordinary pension under regulation B1 of those Regulations, or a deferred pension under regulation B5 of those Regulations, and in either case the pension is not in payment; or

(v) with an entitlement to an ill-health award under regulation B3 of those Regulations or with an entitlement to a deferred pension under regulation B5 of those Regulations where the pension is in payment due to permanent disablement (whether the deferred pension came into payment immediately on retirement or ceasing to serve or on some later date).

(b) at the date of such retirement or otherwise ceasing to serve was entitled to reckon less than 30 years’ pensionable service under the 1988 Regulations; and

(i) pursuant to regulation K1 of the 1988 Regulations where he had not made an election under regulation G4(1) of those Regulations which was in effect immediately before his retirement;

(ii) pursuant to regulation K1 of those Regulations where he retired before 6th April 2006 and he had made an election under regulation G4(1) of those Regulations which had not been cancelled before his retirement; or

(iii) upon reinstatement following a successful appeal against dismissal or requirement to resign where he had not made an election under regulation G4(1) of those Regulations which was in effect immediately before his dismissal or requirement to resign.

(3) These Regulations shall also apply, subject to and in accordance with the provisions of paragraph (4), to a police officer who—

(a) first became such before 6th April 2006;

(b) was in service as such immediately before and on that date; and

(i) had made an election under regulation G4(1) of the 1988 Regulations which had not been cancelled before that date, or

(ii) on or after 6th April 2006 makes an election under that provision.

(4) In the case of an officer such as is mentioned in paragraph (3)—

(a) the election mentioned in paragraph (3)(c)(i) shall, as from 6th April 2006, continue to have effect as if it had been made on the said date under regulation 7(1) or, as the case may be;

(b) the election mentioned in paragraph (3)(c)(ii) shall have effect from the date on which it is made as if it had been made under regulation 7(1), and

(c) in either case, he may accordingly cancel his election in accordance with regulation 7(5), in which case he shall become eligible for awards to be payable to or in respect of him under these Regulations, subject to paragraph 9 of Schedule 2.

(5) This paragraph applies to a police officer who cancels an election in the circumstances mentioned in paragraph (4) and who has an entitlement to an ordinary pension under regulation B1 of the 1988 Regulations or a deferred pension under regulation B5 of those Regulations and in either case the pension is not in payment.

(6) This paragraph applies to a police officer—

(a) by whom pension contributions were payable under regulation G2 of the 1988 Regulations as at 6th April 2006 (or would have been payable but for his dismissal and subsequent reinstatement following a successful appeal against that dismissal);

(b) who continues to serve as such during the period beginning on the said date and ending on the date of his transfer election under paragraph (8) (or who would have continued to serve as such during that period but for his dismissal and subsequent reinstatement following a successful appeal against that dismissal); and

(c) who does not, during the period mentioned in sub-paragraph (b), make an election under regulation G4(1) of the 1988 Regulations.

(7) This paragraph applies to a police officer such as is mentioned in paragraph (5) who cancels an election in the circumstances mentioned in paragraph (4) on a date before the expiry of the period of three months determined by the Secretary of State under paragraph 1 of Schedule 3, or such longer period as the Board may, by reason of exceptional circumstances in that officer’s case, in their discretion allow.

(8) A police officer—

(a) to whom these Regulations apply by virtue of paragraph (2)(a)(ii), (2)(a)(iv) or (2)(a)(v);

(b) to whom paragraph (6) or (7) applies; or

(c) who, on or after 6th April 2006, rejoined the police service immediately before his retirement pursuant to regulation K1 of the 1988 Regulations, and who either had not made an election under regulation G4(1) of the 1988 Regulations which was in effect immediately before his retirement or who retired before 6th April 2006 and had made an election under regulation G4(1) of the 1988 Regulations which had not been cancelled before his retirement,

may make an election for the pensionable service he is entitled to reckon under those Regulations to be reckoned as pensionable service for the purposes of these Regulations (“a transfer election”) subject to and in accordance with the provisions of Schedule 3.

(9) Where a police officer to whom paragraph (6) applies or is such as is mentioned in paragraph 8(c) makes a transfer election, these Regulations shall apply to him and he shall become eligible for awards to be payable to or in respect of him under these Regulations.

Pension contributions payable by police officers

5

(1) Subject to paragraph (3), a police officer shall pay to the Board pension contributions at the rate of —

(a) in a case where he is ineligible under regulation 6 for a pension award payable on the ground of permanent disablement, 6 per cent of his pensionable pay; and

(b) in any other case, 9.5 per cent of his pensionable pay.

(2) The pension contributions payable under paragraph (1) upon each instalment of pay shall fall due at the same time as the instalment and may, without prejudice to any other method of payment that may be agreed by the Board in exceptional circumstances, be discharged by way of a deduction of the appropriate amount made by the Board from the instalment.

(3) Paragraph (1) shall not apply in the case of a police officer who has made an election under Regulation 7 which is, for the time being, in effect.

Eligibility for pension awards payable on the ground of permanent disablement

6

(1) This regulation applies to—

(a) a candidate for appointment to the police service; and

(b) a police officer who seeks under regulation 7(5) to cancel his election that regulation 5(1) shall not apply in his case.

(2) A person to whom this regulation applies shall, if required by the Board, submit to an examination by a duly qualified medical practitioner selected by the Board (“the selected medical practitioner”) in accordance with regulation 65 in order that the Board may determine his eligibility to receive pension awards payable on the ground of permanent disablement.

(3) The Board shall determine, by applying the opinion of the selected medical practitioner as set out in his report, and advice from the Scheme actuary, whether the risk presented by that person 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 disproportionately high.

(4) The determination of the Board under paragraph (3) shall be subject to appeal by that person in accordance with regulation 66; and upon receipt of the final revised report or written statement of opinion prepared in accordance with that regulation, the Board shall redetermine, by applying the opinion set out in the final revised report or written statement of opinion, and advice from the Scheme actuary, whether the risk presented by that person 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 disproportionately high.

(5) The likely cost of providing a person with benefits under these Regulations shall be assessed as disproportionately high if it is more than 50 per cent greater than the likely cost of providing such benefits to a person who does not have an identified risk of retirement on that ground.

(6) A person who it is determined under paragraph (3) or (4) presents such a risk shall, in accordance with these Regulations, be ineligible for pension awards payable on the ground of permanent disablement.

(7) The Board may in accordance with this regulation determine the eligibility of a person—

to whom this regulation applies by virtue of paragraph 1(a) who was previously ineligible for pension awards payable on the ground of permanent disablement under this regulation or under regulation G7 of the 1988 Regulations; or

(a) to whom this regulation applies by virtue of paragraph 1(b) who was ineligible for pension awards payable on the ground of permanent disablement under regulation G7 of the 1988 Regulations on the date of the election which he is now seeking to cancel under regulation 7(5) of these Regulations,

to receive pension awards payable on the ground of permanent disablement; and in which case, the person concerned shall submit to an examination as set out in paragraph (2).

(8) If a person mentioned in paragraph (7) is eligible for pension awards following a determination of the Board under paragraph (3) or (4) (as applicable), he shall be so eligible from the date of that determination:

Election not to pay pension contributions

7

(1) A police officer may at any time elect that regulation 5(1) shall not apply in his case by notice in writing given to the Board.

(2) Subject to paragraph (3), the date on which an election under paragraph (1) takes effect shall be the date on which an instalment of pay next falls due to him after the receipt of notice under paragraph (1).

(3) In the case of a police officer who has given notice under paragraph (1) within three months of the date on which he became such and to whom regulation 12 does not apply, his election under that paragraph shall be deemed to have taken effect on that date.

(4) In a case falling within paragraph (3), the Board shall, subject to regulation 32, pay to the police officer in question a sum equal to the sum of the pension contributions paid by him since the date on which the election is deemed to have taken effect.

(5) A police officer who has made an election under paragraph (1) may cancel such election by notice in writing given to the Board.

(6) Where paragraph (5) applies—

(a) the election shall cease to have effect as from the date on which an instalment of pay next falls due to the police officer concerned after the receipt of such notice; and

(b) that officer shall be entitled to make a further election; but

(c) that officer shall not be entitled to cancel that further election during the same period of service as a police officer.

(7) A police officer shall not, if the Board so resolve, be entitled to cancel an election under paragraph (1) unless he has undergone a medical examination in accordance with regulation 6 (and any fee payable in respect of such an examination and a report thereon shall be paid by the police officer concerned).

(8) A police officer in respect of whom it is determined, following a medical examination under paragraph (7), that the likely cost of providing him with benefits under these Regulations is disproportionately high, shall (subject to any appeal under regulation 6(4)) be entitled to cancel his election under paragraph (1) only subject to the condition that he shall not be eligible to receive pension awards payable on the ground of permanent disablement.

(9) A police officer who was ineligible to receive pension awards payable on the ground of permanent disablement under regulation 6 on the date of his election under paragraph (1), shall upon cancellation of that election be ineligible to receive pension awards payable on the ground of permanent disablement.

Pensionable service

Reckoning of pensionable service

8

(1) The pensionable service reckonable by a police officer at any date (in these Regulations referred to as the “relevant date”) shall be determined in accordance with the succeeding provisions of these Regulations, subject to paragraphs (2) to (7).

(2) Unpaid maternity leave or unpaid parental leave is not reckonable except in the circumstances described in paragraph (3), or if the conditions specified in paragraph (4) are satisfied.

(3) A period of unpaid maternity leave is reckonable—

(a) in respect of such leave taken within the first 39 weeks of any period of maternity leave, unless;

(b) the officer had an election under regulation 7 that was effective immediately before the commencement of that period of unpaid maternity leave.

(4) The conditions are that the person concerned—

(a) was serving as a police officer during the period immediately preceding a period of maternity leave or parental leave, which includes the period of unpaid maternity leave, or unpaid parental leave in question;

(b) had not made an election under regulation 7 that was effective immediately before the commencement of that period of unpaid leave; and

(c) in accordance with the provisions of paragraph (8) pays to the Board a sum equal to the sum of the pension contributions which would have been payable for the period of unpaid maternity leave, or unpaid parental leave in question if his notional pensionable pay during that period had been at the same rate as his pensionable pay (including any statutory maternity pay payable to a woman under the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00005] immediately before the commencement of the period of unpaid maternity leave or unpaid parental leave which constituted or included the period in question.

(5) Unpaid sick leave is not reckonable unless the conditions specified in paragraph (6) are satisfied.

(6) The conditions referred to in paragraph (5) are that—

(a) the person concerned—

(i) was serving as a police officer during the period immediately preceding the period of sick leave which includes the period of sick leave in question;

(ii) had not made an election under regulation 7 that was effective immediately before the commencement of that period of unpaid leave; and

(iii) in accordance with the provisions of paragraph (8) pays to the Board a sum equal to the sum of the pension contributions which would have been payable for the period of sick leave in question if his notional pensionable pay during that period had been at the same rate as his pensionable pay immediately before the commencement of the period of sick leave which constituted or included the period in question; and

(b) the period of unpaid sick leave in question—

(i) does not exceed six months (whether or not as part of a longer period of sick leave); and

(ii) when aggregated with any other period or periods of unpaid sick leave which fulfils, or all of which fulfil, the conditions specified in sub-paragraph (a), that aggregated period does not exceed twelve months, when calculated over the person’s total service as a police officer.

(7) No period of unpaid leave is reckonable other than as provided in this regulation.

(8) A person who wishes to make the payment referred to in paragraphs (4)(c) and 6(a)(iii) shall—

(a) within a period ending—

(i) three months after the day on which the period of leave which constitutes or includes the period of unpaid leave in question ended; or

(ii) on the day, if earlier, on which he last serves as a police officer,

(iii) inform the Board of that fact in writing; and

(b) specify which period of leave, and which method of payment under paragraph (12) he elects to use.

(9) Where a person who wishes to make the payment referred to in paragraphs (4)(c) and 6(a)(iii) dies before the end of the period specified in sub-paragraph (8)(a) without having given such notice—

(a) the condition shall be deemed to have been satisfied in respect of any period of leave which would otherwise be reckonable by him under this regulation; and

(b) he shall be deemed to have elected to make payment by way of instalments under paragraph (12).

(10) On receipt of the notice referred to in paragraph (8) the Board shall calculate the amount due under paragraph (4)(c) or 6(a)(iii) (as the case may be) and give written notice of that amount to the person concerned.

(11) Payment of the amount notified by the Board under paragraph (10) may be made by the person concerned either—

(a) by way of a lump-sum or;

(b) by instalments on the same dates as pension contributions are payable by him under regulation 5,

and where the person concerned has elected to make payment by way of instalments, the balance due after the payment of any of those instalments may be paid by way of a lump-sum equal to that balance at any time before the due date (as defined in paragraph (12)(a) and (b)).

(12) The total amount due under paragraph (4)(c) or (6)(a)(iii) shall be paid—

(a) no later than six months after the person concerned is notified by the Board as to the amount payable;

(b) if he retires or otherwise ceases to serve as a police officer before the expiry of that period, before the date on which he retires or so ceases to serve (“the due date”); or

(c) in a case where the person concerned retires or otherwise ceases to serve as a police officer before the total amount due has been paid under this paragraph, any lump-sum payment made within two months—

(i) of retiring or so ceasing to serve; or

(ii) of receiving notification from the Board as to the amount payable,

whichever is the later, shall be deemed to have been made by the due date.

(13) Where the person concerned—

(a) has not paid the full amount due in accordance with the provisions of paragraphs (11) and (12), the proportion of the unpaid leave in question which shall be reckonable as pensionable service shall be the same proportion as the amount which has been so paid bears to the total amount due; or

(b) dies before the due date, there shall be reckonable the full period of unpaid leave in question notwithstanding that the amount due has, in full or in part, not been paid in accordance with the provisions of paragraphs (11) and (12).

(14) A police officer shall be treated, for the purposes of calculating any award under these Regulations, as having made pension contributions throughout any period or periods of unpaid leave reckonable as pensionable service by virtue of payments made in accordance with this paragraph; and any such period or periods shall be treated for those purposes as part of a continuous period ending with the last day of unpaid leave during the period of service as a police officer of the person concerned.

Previous service reckonable without payment

9

(1) Subject to paragraph (2), there shall be reckonable by a police officer as pensionable service—

(a) where he previously retired from the police service upon becoming entitled to a pension on the ground of disablement under regulation 18 and, following termination of that pension under regulation 48(5), (6), or (7), has rejoined the service, any period of pensionable service which was reckonable by him immediately before he so retired;

(b) where he previously ceased to serve as a police officer with an entitlement to a deferred pension which has not come into payment and has subsequently rejoined the service, any period of pensionable service reckonable by him immediately before he so ceased to serve;

(c) where he previously ceased to serve as a police officer with an entitlement to a deferred pension which, in accordance with regulation 29, came into payment early on the ground of permanent disablement for engaging in any regular employment and his pension has been terminated upon his rejoining the service under regulation 48(5), any period of pensionable service reckonable by him immediately before he so ceased to serve.

(2) Where a police officer to whom paragraph (1) applies was, during the period of pensionable service in question, purchasing added years by periodical contributions, those added years shall be taken into account only to the extent that—

(i) in a case falling within paragraph 1(a), they are reckonable by virtue of regulation 57(5), and

(ii) in a case falling within paragraph 1(b) they were taken into account for the purposes of entitlement to the deferred pension mentioned in sub-paragraph (b).

(3) In a case falling within paragraph (1)(b), the entitlement of the officer concerned to the said deferred pension shall accordingly be relinquished.

(4) This regulation has effect subject to regulation 11.

Previous service reckonable on payment

10

(1) There shall be reckonable by a police officer as pensionable service, in the circumstances specified in this regulation, any period so specified before he last joined or rejoined the police service before the relevant date, subject to his having made to the Board the appropriate payment in accordance with the provisions of paragraph (3).

(2) In calculating the payment due under paragraph (1) where the police officer has previously ceased to serve as such without the payment of a pension or a transfer value (and without entitlement to a deferred pension) and has rejoined the police service on the relevant date—

(a) the period mentioned in paragraph (1) shall be any period of pensionable service reckonable by him at the time he so ceased to serve;

(b) the appropriate payment mentioned in paragraph (1) shall be a sum equal to any award by way of repayment of aggregate pension contributions which he may have received on so ceasing to serve; and

(c) where the appropriate payment is made more than a year after receipt of any such award, interest from the date of receipt of the award shall be calculated at the rate of 5 per cent per year, compounded with yearly rests.

(3) The person concerned shall, by notice in writing given to the Board within a period ending—

(a) six months (or such longer period as the Board in their discretion may allow) after the date on which he joined or rejoined the police service; or

(b) on the day, if earlier, on which he last serves as a police officer,

inform the Board that he wishes to make the payment referred to in paragraph (1); but where the person concerned dies before the end of the period specified without having given such notice, he shall be deemed to have given such notice.

(4) On receipt of a notice under paragraph (3) the Board shall determine the amount due under paragraph (2) and give written notice of that amount to the person concerned.

(5) Where a police officer undertakes to make an appropriate payment in accordance with paragraph (1), payment shall be made by regular instalments of such amount that the payment of the sum will be completed within a period of two years beginning with the date on which he receives the written notice referred to in paragraph (4), save that—

(a) where the Board is satisfied that completion of the payment within that period is causing, or is likely to cause, financial hardship they may allow such longer period as they may determine; and

(b) the police officer may at any time discharge his liability under the undertaking, in whole or in part, by paying the whole or part of the balance of the sum then outstanding.

(6) Subject to paragraphs (7) and (8), any payment under this regulation shall be made by the police officer to the Board and, without prejudice to any other method of payment, the liability to make any such payment may be discharged by way of a deduction by the Board from his pay.

(7) If, before he has discharged his liability under the undertaking, a police officer retires under regulation 18 or dies, all further liability under that undertaking shall cease and his liability shall be deemed to have been fully discharged.

(8) If, before he has discharged his liability under the undertaking, a police officer retires otherwise than under regulation 18 with an award other than one of the amount of his aggregate pension contributions in respect of the relevant period of service, the Board shall be empowered to deduct the balance of the sum then outstanding from payments on account of the award.

(9) This regulation has effect subject to regulation 11.

Reckoning of part-time service

11

(1) In the case of a police officer who has spent one or more periods in part-time service, the number of days of pensionable service in any such period shall be calculated by the application of the following fraction—

$$( Ax7 ) B$ Where— A is the total number of determined hours of part-time service specified under the part-time appointment of the officer in the period in question; and B is the number of hours per week if the service during that period were on a full-time basis.$

(2) For the purposes of paragraph (1) a period of part-time service is to be taken to have ended and another such period to have begun on the occurrence of any change in that fraction.

Service reckonable by reason of transfer value

12

(1) This regulation applies to a police officer—

(a) who before he last became a police officer before the relevant date was subject to pension arrangements in pursuance of which a transfer value may be paid to the Board (“former pension arrangements”), and

(b) in respect of whom a transfer value has, in pursuance of his former pension arrangements, been paid to the Board.

(2) Subject to paragraph (3), there shall be reckonable by a police officer in respect of his former service a period of pensionable service calculated in accordance with tables and guidance issued by the Scheme actuary.

(3) If the transfer value referred to in paragraph (1) is paid and accepted under the public sector transfer arrangements, the period of pensionable service the officer concerned is entitled to reckon in respect of his former pension arrangements shall be calculated in accordance with the rules applicable to those public sector transfer arrangements.

(4) The provisions of this regulation shall not apply where the police officer concerned had a guaranteed minimum in relation to the pension provided by the former pension arrangements unless—

(a) the transfer value mentioned in paragraph (1)(b) is paid under the public sector transfer arrangements, or

(b) were the transfer value mentioned in paragraph (1)(b) to be paid, such part of it as relates to pension benefit accrual before 6th April 1997 is at least as great as the product of —

(A) the annual amount of the pension to which he would, if that transfer value were paid, be entitled under regulation 40, and

(B) the factor specified in column 2 of the following table opposite his age, as set out in column 1 of that table, as at the date when the Board is requested to accept that transfer value.

Age	Appropriate factor
29 or under	8
30 to 39	9
40 to 49	10
50 or over	12

(5) In this regulation, “the public sector transfer arrangements” means arrangements approved for the time being by the Minister for the Civil Service as providing reciprocal arrangements for the payment and receipt of transfer values for the purposes of these Regulations to or from other occupational pension schemes.

Reckoning of service for purposes of awards

13

(1) Notwithstanding any other provision of these Regulations, for the purposes of calculating all awards payable to or in respect of a police officer under these Regulations, the total service which may be reckoned as pensionable service by such an officer shall not exceed 35 years.

(2) For the purpose of calculating an award payable to or in respect of a police officer by reference to any period in years (including a period of pensionable service) —

(a) that period shall be reckoned in completed years and a fraction of a year;

(b) a part of a year shall be taken to be that fraction of a year whereof the denominator is 365 and the numerator is the number of completed days in that part and, accordingly, a part of a year which includes 29th February in a leap year and comprises 365 days shall be treated as a whole year.

Retirement

14

(1) Subject to paragraph (2), a reference in these Regulations to retirement includes a retirement under regulation 15, 16, 17, or 18 but does not include a reference to—

(a) leaving the police service on transferring to a police force in Great Britain;

(b) ceasing to serve as a police officer, otherwise than on retirement under regulation 18, from a date before that on which the officer concerned attains the age of 55 years (whether he so ceases to serve voluntarily, upon the expiry without extension (or further extension) of the period of an appointment for a fixed term in accordance with regulation 11 of the 2005 Regulations[^f00006] or upon being dismissed);

(c) retirement within the meaning of section 35(3) (b) of the Police (Northern Ireland) Act 2000[^f00007] in a case where, under that section, the Chief Constable is required to retire before the date on which he attains the age of 55 years; or

(d) leaving the police service on joining the National Criminal Intelligence Service or the National Crime Squad and subsequently becoming a specified employee of SOCA.

(2) A police officer who fulfils the qualifying service criterion and who is dismissed on or after the date on which he attains the age of 55 years, shall be deemed for the purposes of these Regulations to have retired under regulation 15 on the date his dismissal took effect, having given such notice to the Board of his intention to retire and with any necessary consent having been given as is specified under that regulation.

(3) A police officer fulfils the qualifying service criteria if—

(a) he has at least two years’ qualifying service; or

(b) regulation 12 applies to him.

(4) In paragraph (3), “two years’ qualifying service” has the meaning assigned to it by section 67(7) of the 1993 Act[^f00008].

Voluntary retirement

15

(1) Subject to paragraphs (2) to (6), a police officer may retire on or after the date on which he attains the age of 55 years.

(2) A police officer who intends to retire under this regulation shall give the Board written notice of that intention—

(a) in the case of an officer of the rank of Chief Constable, Deputy Chief Constable or Assistant Chief Constable, at least three months before his intended date of retirement; and

(b) in the case of an officer of any other rank at least one month before his intended date of retirement,

but the Board may, at their discretion, accept a shorter notice than that specified.

(3) A specified employee of SOCA who intends to retire under this regulation shall give SOCA notice of such period as required by his contract of employment of that intention or shall give such shorter period of notice as may be agreed between the specified employee of SOCA ad SOCA.

(4) For the purposes of this regulation any police officer engaged on relevant service shall be deemed to hold the rank in which he is entitled to revert to the police service at the end of his period of relevant service.

(5) A police officer who is suspended under the Conduct Regulations may retire under this regulation only if consent is given—

(a) by the Board in the case of an officer falling within paragraph (2)(a); or

(b) by the Chief Constable in the case of an officer of any other rank.

(6) A specified employee of SOCA shall be deemed to have retired in accordance with this regulation where his contract of employment has been terminated.

Compulsory retirement on account of age

16

(1) Subject to paragraph (4) from 6th April 2006 to 30th September 2006, regulation A16 of the 1988 Regulations shall apply to every police officer.

(2) From 1st October 2006, subject to paragraphs (3) and (4), every police officer shall be required to retire—

(a) if he is of the rank of Constable, Sergeant, Inspector or Chief Inspector, on attaining the age of 60 years;

(b) if he holds any higher rank, on attaining the age of 65 years.

(3) The time at which, under paragraph (2), a person shall be required to retire may be postponed, if the person concerned holds a rank above that of Superintendent, by the Board, and, if he holds the rank of Superintendent or any lower rank, by the Chief Constable.

(4) This regulation shall not apply to a specified employee of SOCA.

Compulsory retirement on the ground of efficiency of the police service

17

(1) Subject to paragraph (3) this regulation applies to a police officer of the rank of Chief Superintendent, Superintendent, Chief Inspector, Inspector, Sergeant or Constable who is entitled to reckon 35 years’ pensionable service (or would have been so entitled if he had not made an election under regulation 7).

(2) If the Board determine that the retention in the police service of a police officer to whom this regulation applies would not be in the general interests of efficiency, he may be required to retire on such date, on or after the date on which he attains the age of 55 years, as the Board determine.

(3) This regulation shall not apply to a specified employee of SOCA.

Compulsory retirement on the ground of disablement

18

(1) The Board may require a police officer to retire on the date on which, having considered all the relevant circumstances, advice and information available to them, they determine that he 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.

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

(3) This paragraph applies to a police 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 Board in the circumstances of his case, continues to serve as such.

(4) In respect of a police officer to whom paragraph (3) applies, the Board may consider, at such times as they may in their discretion determine, whether the disablement has ceased, significantly worsened or significantly improved.

(5) If on any such consideration the Board, having considered all the relevant circumstances, advice and information available to them, determine that the 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 they shall require him to retire under paragraph (1) (subject to paragraph(2)).

Effective date of retirement

19

For the purposes of these Regulations—

(a) a police officer shall be taken to retire or cease to serve immediately following his last day of service, and

(b) a police officer required to retire under regulation 16, 17, or 18 shall be deemed to retire on the date on which he is so required to retire and his last day of service shall be the immediately preceding day.

PART 3 — PENSIONABLE PAY AND CONTRIBUTIONS

Pensionable pay

20

The pensionable pay of a police officer at any time means his pay at the rate to which he is or was then entitled, account being taken of any retrospective increase in that rate; except that during a period of part-time service it means so much of his pay at that rate as is attributable to his determined hours specified under his part-time appointment, and during any period in which a member of the police service is a specified employee of SOCA, it means the pay at the rate to which he is or was then entitled under this contract of employment, account being taken of any retrospective increase in that rate.

Final pensionable pay

21

(1) The final pensionable pay of a police officer shall, subject to paragraphs (2) to (5), mean his average pensionable pay—

(a) in respect of the period of twelve months ending on the later of —

(i) the date of his last day of service in a period during which pension contributions were payable by him under regulation 5 or;

(ii) the last day in respect of which payment has been made under regulation 8(4)(c) or (6)(a)(iii) as the case may be;

(b) in respect of either of the two periods of twelve months that immediately preceded the period mentioned in sub-paragraph (a); or

(c) taken as an annual average in respect of any three consecutive periods of twelve months, ending an exact number of years before the date mentioned in sub-paragraph (a), falling within the period of seven years that immediately preceded the earlier of the two periods mentioned in sub-paragraph (b),

whichever is the greatest.

(2) This paragraph applies, subject to paragraph (4), to a police officer who has —

(a) made an election under regulation 7, and

(b) cancelled the said election in accordance with regulation 7(5) to (9) within the period of three years immediately preceding his last day of service, at a time when he had an entitlement to a deferred pension.

(3) The final pensionable pay of an officer to whom paragraph (2) applies shall be calculated—

(a) in respect of the period of pensionable service he was entitled to reckon as at the date on which the election took effect in accordance with paragraph (1), which shall apply, as if—

(i) for the purposes of paragraph (1)(a)(i) the date of his last day of service were the date on which the said election took effect, and

(ii) paragraph (1)(a)(ii) applied only in respect of any payment in respect of a period of unpaid maternity leave, unpaid parental leave or unpaid sick leave taken in the period before the said election took effect; and

(b) in respect of the period of pensionable service reckonable by reason of service beginning on the date on which the cancellation of his election took effect and ending on his last day of service (including any service reckonable by virtue of the receipt by the Board during that period of a transfer value), in accordance with paragraph (1) without any such modification as is specified in sub-paragraph (a) of this paragraph.

(4) In a case where a police officer’s final pensionable pay is calculated in accordance with paragraph (3), for the purposes of calculating any award under Part 4, his final pensionable pay as calculated in accordance with sub-paragraphs (a) and (b) respectively shall be applied to the period of service mentioned in the sub-paragraph in question.

(5) Solely for the purpose of determining the greatest amount under paragraph (1) (including in cases where that paragraph applies as set out in paragraph (2)), the amount of the average pensionable pay of a police officer in respect of any period of twelve months to which paragraph (1)(b) or (c) relates shall be treated as increased by the same amount as that by which an annual pension of an amount equal to that average pensionable pay would have been increased under the Pensions (Increase) Act (Northern Ireland) 1971[^f00009] by the last day of the period referred to in paragraph (1)(a) (as modified, for cases within paragraph (2)(a)) if the said annual pension had come into payment on the day immediately following that on which the relevant period of twelve months to which paragraph (1)(b) or (c) relates ended.

Average pensionable pay

22

(1) Subject to paragraphs (2) to (5), the average pensionable pay of a police officer in any of the periods of twelve months mentioned in regulation 21(1) shall be the aggregate of his pensionable pay in respect of the period in question.

(2) Where that 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.

(3) Where the amount of a police officer’s average pensionable pay, determined in accordance with paragraphs (1) and (2), is less than the amount it would have been had he not suffered a temporary stoppage or reduction in rate of pay —

(a) by way of punishment;

(b) by reason of a period being taken of sick leave, maternity leave or parental leave; or

it shall be increased by the difference between those two amounts.

(4) Where any period of twelve months mentioned in regulation 21(1) includes a period of unpaid maternity leave, unpaid parental leave or unpaid sick leave, in respect of which payment has been made under regulation 8(4)(c) or 8(6)(a)(iii), the officer’s pensionable pay during that period shall, for the purposes of determining average pensionable pay, be taken to be the pay to which he would have been entitled had the period of unpaid leave in question not been taken; and accordingly, the aggregate of his pensionable pay in respect of that period shall not be taken to exceed the amount which he would have received had the period of unpaid leave in question not been taken.

(5) Where any period of twelve months mentioned in regulation 21(1) includes one or more periods of part-time service, for the purposes of determining average pensionable pay, the officer’s pensionable pay, as determined in accordance with paragraphs (1) to (4), in respect of any such period of part-time service shall be taken to be the pay to which he would have been entitled if his part-time service had been full-time.

Aggregate pension contributions for purposes of repayment

23

(1) This paragraph applies for the purposes of calculating a payment under these Regulations by reference to the aggregate pension contributions of a police officer in respect of the relevant period of service.

(2) Where paragraph (1) applies, subject to paragraph (3), the relevant period of service shall be taken to—

(a) begin on the date on which the officer became a member of the police service or, if he has more than once been a member of the police service, the date on which he last joined the police service; and

(b) end on the date of the officer’s retirement, or otherwise ceasing to serve as a police officer or the death as the case may be, on which the award is payable.

(3) In the case of a police officer who has made an election under regulation 7, the relevant period of service shall be taken to be the period, or last period, during which pension contributions were continuously payable by him under regulation 5 since the date on which, had no such election been made, the relevant period of service would be taken to have begun.

(4) Where paragraph (1) applies, the aggregate pension contributions in respect of the relevant period of service shall be taken to be the sum of the following amounts —

(a) the aggregate of the pension contributions made in respect of that period by the person concerned to the Board including any payment made by that person under regulation 8(4)(c), or 8(6)(a)(iii) as the case may be, in respect of a period of unpaid maternity leave, unpaid parental leave or unpaid sick leave;

(b) the amount of any sums paid by the person concerned to the Board (including sums paid in pursuance of an undertaking) as a condition of being entitled to reckon pensionable service by reason of service before that period; and

(5) Where the person concerned has transferred to the police service, the amount referred to in paragraph (4) shall include any sum which, had he ceased to serve instead of transferring, would have been calculable under this paragraph as aggregate pension contributions at the time of transfer.

(6) Where the person concerned while a member of the police service, became entitled, in the circumstances mentioned in regulation 12(1), to reckon pensionable service by reason of a period of previous service or employment otherwise than as a police officer, the amount referred to in paragraph (4) shall include the amount of any award by way of return of contributions or of any analogous payment which would have been made to him at the end of that period of previous service or employment had he voluntarily ceased to serve or retired from employment in circumstances entitling him to such an award or payment under his former pension arrangements.

(7) Where the person concerned—

(a) previously retired with a pension on the ground of disablement under regulation 18;

(b) that pension was terminated under regulation 49; and

the amount referred to in paragraph (4) shall include any sum which would have been calculable under paragraphs (4) to (6) as aggregate pension contributions at the time of the previous retirement.

(8) If the police officer is a pension debit member, the amount of his aggregate pension contributions under this regulation shall be reduced by such amount as is assessed in accordance with guidance issued by the Scheme actuary.

PART 4 — PENSION AWARDS

Personal pensions

Police officer’s ordinary pension

24

(1) This regulation applies to a police officer who—

(a) fulfils the qualifying service criterion;

(b) retires or has retired in accordance with regulation 16, 17 or 18; and

(2) Subject to the provisions of these Regulations, a police officer to whom this regulation applies shall be entitled to an ordinary pension of an amount calculated in accordance with regulation 25.

Calculation of ordinary pension

25

(1) A police officer’s ordinary pension shall be—

(a) an annual sum payable for life calculated by multiplying an amount equal to one seventieth of his final pensionable pay by the number of years of pensionable service he is entitled to reckon; and

(b) subject to paragraphs (2) and (3), a lump-sum payment calculated by multiplying an amount equal to four seventieths of his final pensionable pay by the number of years of pensionable service he is entitled to reckon.

(2) A lump-sum payment payable to an officer who rejoined his former force or joined another police force having previously received a lump-sum payment by reason of entitlement to an ill-health pension under regulation 26 or to early payment of a deferred pension on the ground of permanent disablement under regulation 29 (where that pension has been terminated under regulation 48) shall be reduced by an amount equal to the amount of that previous lump-sum payment, increased by the same amount as that by which an annual pension of an amount equal to that previous lump-sum would have been increased under the Pensions (Increase) Act 1971 by the date on which the award comes into payment if that annual pension had come into payment on the day on which the previous lump-sum payment was made.

(3) Where a police officer has rejoined the police service more than once having previously received on more than one occasion a lump-sum payment by reason of entitlement to an ill-health pension under regulation 26 or to early payment of a deferred pension on the ground of permanent disablement under regulation 29 (where each pension has been terminated under regulation 48) the lump sum payment payable to the officer under paragraph (1)(b) shall be reduced in accordance with paragraph (2) with references to a previous lump-sum payment being construed as references to the officer’s most recent lump-sum payment, and of the amount it would have been if he had not prior to that received any lump-sum payment.

Police officer’s ill-health pension

26

(1) This regulation applies to a police officer who retires or has retired under regulation 18 unless—

(a) he has made an election under regulation 7 which had effect at the time of his retirement;

(b) he is ineligible for pension awards payable on the ground of permanent disablement under regulation 6, or

(c) he has attained the age of 55 at the time of his retirement, and in such a case he shall be entitled to an ordinary pension under regulation 24 instead of an ill-health pension as provided in this regulation.

(2) Subject to the provisions of these Regulations, a police officer to whom this regulation applies shall be entitled to an ill-health pension as provided in this regulation.

(3) In the case of a police officer who, at the time of his retirement—

(a) either—

(i) fulfils the qualifying service criterion, or

(ii) is disabled as the result of an injury received without his default in the execution of duty; and

(b) in either case, is permanently disabled for the performance of the ordinary duties of a member of the police service, but is not permanently disabled for engaging in any regular employment otherwise than as a police officer,

the award under paragraph (2) shall be an ill-health pension calculated in accordance with regulation 27 (“a standard ill-health pension”).

(4) In the case of a police officer who, at the time of his retirement, falls within paragraph (3)(a) but is permanently disabled both for the performance of the ordinary duties of a member of the police service and for engaging in any regular employment otherwise than as a police officer, the award under paragraph (2) shall comprise—

(a) a standard ill-health pension; and

(b) an additional pension calculated in accordance with regulation 28 (“an enhanced top-up ill-health pension”).

Calculation of standard ill-health pension

27

A police officer’s standard ill-health pension shall be an annual sum payable for life and a lump-sum payment, calculated in accordance with regulation 25 as if he had been entitled to an ordinary pension at the date of his retirement.

Calculation of enhanced top-up ill-health pension

28

(1) A police officer’s enhanced top-up ill-health pension shall be—

(a) an annual sum payable for life and;

(b) a lump-sum payment.

(2) The amount in paragraph (1) shall be calculated by deducting the annual sum and lump-sum payment payable as his standard ill-health pension from the annual sum and lump-sum respectively as calculated in accordance with paragraphs (3) to (7) (“enhanced top-up totals”).

(3) A police officer’s enhanced top-up totals shall be calculated in accordance with regulation 25 as if he had been entitled to an ordinary pension at the date of his retirement, but for the purposes of that calculation the pensionable service the officer concerned is entitled to reckon at the date of his retirement shall be treated as having been increased in accordance with the provisions of paragraph (4) or (5), subject to paragraph (7) as the case may require.

(4) In the case of an officer entitled to reckon less than five years’ pensionable service as at the date of his retirement, either—

(a) the period of his pensionable service shall be multiplied by four, or

(b) there shall be added to that service a period equivalent to half of the pensionable service he would have become entitled to reckon in respect of 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, had he continued to serve and to pay pensions contributions in accordance with regulation 5,

whichever amounts to the lesser period.

(5) In the case of an officer entitled to reckon five or more years’ pensionable service as at the date of his retirement, there shall be added to that service a period equivalent to half of his prospective service.

(6) In the case of an officer who has spent one or more periods in part-time service as such 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)).

(7) In the case of an officer who has spent one or more periods in part-time service as such, the period of prospective service for the purposes of paragraph (4)(b) or (5), as the case may be, shall be calculated as if, 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, he would have served part-time for the same proportion of that period as his total pensionable service before his retirement bears to the total pensionable service he would have been entitled to reckon before his retirement if all that service had been full-time.

(8) If in a case where any of the officer’s service by virtue of which his pensionable service is reckonable was part-time service, the amount of the pension calculated in accordance with the preceding paragraphs would be less than it would have been if he had become entitled to receive the pension at an earlier date, then the pension shall be of that amount instead.

Police officer’s deferred pension

29

(1) This regulation applies to a police officer who fulfils the qualifying service criterion and who—

(a) ceases to serve as such otherwise than on retirement under regulation 15, 16, 17 or 18; or

(b) makes an election under regulation 7,

in circumstances—

(i) in which no transfer value under regulation 74 has been, or is required to be, paid in respect of him; and

(ii) which do not entitle him to any pension award under any of the preceding provisions of this Part or regulation 40.

(2) A police officer to whom this regulation applies shall, on so retiring or otherwise ceasing to serve or, as the case may be, on making such election, be entitled to a deferred pension as provided in this regulation.

(3) In the case of an officer who falls within paragraph (1)(b) and who cancels his election in accordance with regulation 7(5) before his deferred pension has come into payment, his entitlement to that deferred pension shall be relinquished.

(4) A deferred pension shall be calculated in accordance with paragraphs (5) and (6).

(5) No payment shall be made on account of the pension in respect of the period—

(a) before the officer in question attains the age of 65 years; or

(b) from the officer in question becoming permanently disabled for engaging in any regular employment if he was not ineligible under regulation 6 for a pension award on the ground of permanent disablement before he became so disabled (subject, however, to regulation 51),

whichever is sooner.

(6) Subject to paragraph (5), a police officer’s deferred pension shall be—

(a) an annual sum payable for life; and

(b) a lump-sum payment,

calculated as if the deferred pension were an ordinary pension calculated under regulation 25.

Early payment of deferred pension subject to actuarial reduction

30

(1) Subject to paragraphs (2) to (4), a police officer who is entitled to a deferred pension payable, in accordance with regulation 29(4) and (5) upon his attaining the age of 65, may elect for immediate payment of that pension subject to an actuarial reduction.

(2) No payment shall be made in respect of the period before the officer concerned attains the age of 55 years.

(3) An election under paragraph (1) shall be made by giving written notice to the Board at least one month before the date on which the officer concerned wishes such payment to commence.

(4) The actuarial reduction shall be calculated by the Board in accordance with tables prepared by the Scheme actuary.

(5) Where a police officer who has made an election under paragraph (1) dies, any survivor’s pension payable in respect of that officer shall be calculated as if no such election had been made.

Repayment of aggregate pension contributions

31

(1) This regulation applies to a police officer who retires, ceases to serve as such or who makes an election under regulation 7 (other than as set out in regulation 7(3)), in circumstances—

(i) in which no transfer value under regulation 74 has been, or is required to be, paid in respect of him; and

(ii) which do not entitle him to a pension award under any of the preceding provisions of this Part.

(2) A police officer to whom this regulation applies shall be entitled to an award by way of a lump-sum payment of an amount equal to his aggregate pension contributions in respect of his relevant period of service, calculated in accordance with regulation 23.

Deduction of tax from awards under regulation 7(4) or 31

32

The Board may deduct from any payment by way of an award under regulation 7(4) or 31—

(a) that part of any contributions equivalent premium paid in respect of the police officer as is permitted under section 57 of the 1993 Act[^f00010];

(b) the tax for the time being chargeable on that award under section 205 of the Finance Act 2004[^f00011].

Pension debit members - personal awards

33

Where a pension debit member is entitled to an award under regulation 24, 26, 29 or 31—

(a) the award shall be calculated by reference to the member’s rights under these Regulations as reduced by virtue of article 28 of the 1999 Order and in accordance with such tables and other guidance as are provided for the purpose by the Scheme actuary, and

(b) regulations 34 and 35 have effect accordingly.

Exchange of lump-sum for additional periodical payments

34

(1) This regulation applies to the lump-sum of an ordinary pension, or a deferred pension under this Part (which is not a deferred pension that becomes payable by reason of permanent disablement under regulation 29(4) and (5)).

(2) In relation to a deferred pension, paragraphs (4), (5), and (6) shall have effect as if any reference to the date of retirement were a reference to the coming into payment of the pension or to the date of that coming into payment.

(3) A police officer may, subject to and in accordance with this regulation, exchange for additional annual pension payments the whole or part of a lump-sum element to which this regulation applies to which he may become entitled.

(4) For the purpose of exchanging a portion of his pension in accordance with this regulation a person shall give notice in writing to the Board (“notice of exchange”) and—

(a) the notice shall be given before, but not earlier than four months before, his intended date of retirement;

(b) the notice shall indicate his wish to surrender and exchange for additional annual pension payments the whole or such part as he may specify of the lump-sum payment to which he would otherwise become entitled;

(5) Where a person retires having given an effective notice of exchange, the Board shall—

(a) withhold the whole or the specified part of the lump-sum payment in accordance with the notice; and

(b) pay to that person additional annual pension payments of such amount as represents the actuarial equivalent of the surrendered lump sum or portion of the lump sum at the date of his retirement, calculated from tables prepared by the Scheme actuary.

(6) Sums paid or payable as additional pension payments by virtue of an effective notice of exchange shall be disregarded for the purposes of the calculation of a survivor’s pension under regulation 38 or 39.

Commutation of small pension for lump-sum

35

(1) Where the annual rate of any pension payable to or in respect of a police officer under this Part or regulation 58 does not exceed the small pensions commutation maximum, the Board may pay the person entitled to the pension a lump-sum of such an amount as the Scheme actuary advises represents the capital value of the pension if—

(a) that person consents; and

(b) in a case where the pension is payable to that person under the preceding provisions of this Part, and is one which may not be less than that person’s guaranteed minimum pension, he has reached state pension age.

(2) If—

(a) a person is entitled to more than one pension under the preceding provisions of this Part, or

(b) a person is entitled to more than one pension in respect of the same police officer, or

(i) to more than one pension under regulation 58, or

(ii) to one or more pensions within sub-paragraph (a) in addition to one or more pensions under regulation 58,

those pensions may only be commuted under this regulation if they do not in aggregate exceed the amount that is permitted to be commuted under all the commutation requirements that apply in the circumstances in question.

(3) The payment of a lump-sum under this regulation in respect of a pension discharges the Board from all liability in respect of that pension.

(4) In this regulation—

“the small pensions commutation maximum” means the amount that is permitted to be commuted, having regard to all the commutation requirements that apply in the circumstances in question, and

“the commutation requirements” means requirements permitting the commutation of small pensions that are imposed— by regulation 19, 20 or 60 of the Occupational Pension Schemes (Contracting-Out) Regulations (Northern Ireland) 1996[^f00012]; by regulation (2) of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy) etc Regulations (Northern Ireland) 1997[^f00013]; by regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000[^f00014]; or by paragraph 7 of Schedule 29 to the Finance Act 2004 (which defines trivial commutation lump-sums for the purposes of Part 1 of that Schedule).

Survivors’ pensions

Survivors’ pensions - general provision

36

Subject to and in accordance with the provisions of these Regulations, where a police officer dies or has died—

(a) while he is in receipt of an ordinary pension, an ill-health pension or a deferred pension;

(b) after he has ceased to serve as such in circumstances where no transfer value was paid in respect of his service and he is entitled to a deferred pension whether or not that pension has come into payment;

(c) while he is serving as such and fulfils the qualifying service criterion and no election under regulation 7 has effect at the time of his death; or

(d) while he is serving as such and, having made an election under regulation 7 which has effect at the time of his death, he is entitled to a deferred pension,

a survivor such as is mentioned in regulation 37 shall be entitled to a pension calculated in the case of an adult survivor in accordance with regulation 38, and in the case of a child survivor in accordance with regulation 39.

Survivors

37

(1) For the purposes of regulation 36 a survivor shall mean—

(a) a person who at the time of the death of the officer concerned was his spouse, civil partner or, subject to paragraph (2), other adult partner (“an adult survivor”); or

(b) a child of the officer concerned (“a child survivor”) who is—

(i) a natural child, step-child or adopted child of the officer concerned;

(ii) a child conceived before death of the officer concerned and born after that death to a person mentioned in paragraph 1(a); or

(iii) any other child who at the time of the death of the officer concerned was substantially dependent, financially or by reason of permanent disablement, on him.

(2) An adult partner, other than a spouse or civil partner, shall not be entitled to a pension under these Regulations unless the following conditions are satisfied—

(a) the police officer concerned had sent to the Board a declaration made and signed by the police officer and the adult partner concerned that—

(i) the police officer and the adult partner concerned were cohabiting as partners in an exclusive, committed and long-term relationship;

(ii) the adult partner was financially dependent on the officer or they were financially interdependent;

(iii) the police officer and the adult partner were both free to marry each other (where they are of opposite sexes) or to form a civil partnership with each other (where they are of the same sex); and

(iv) the police officer acknowledged an obligation to send to the Board a signed notice of revocation should the relationship terminate,

and had not revoked that declaration before his death; and

(b) the surviving adult partner has submitted a claim in writing to the Board and satisfied the Board—

(i) that the circumstances mentioned in paragraphs (i), (ii) and (iii) of sub-paragraph (a) continued to subsist at the time of the officer’s death, and

(ii) that the period of cohabitation mentioned in paragraph (i) of sub-paragraph (a) had been of at least two years’ duration at the time of the officer’s death.

(3) The Board may in their discretion accept a shorter period of cohabitation than that mentioned in paragraph (2)(b)(ii) where they are satisfied that the police officer and the adult partner concerned would have cohabited as partners for at least two years had the police officer not died.

(4) Upon receipt of a declaration or notice of revocation of such a declaration made in accordance with paragraph (2)(a), the Board shall forthwith send to the officer concerned a written notification of its receipt.

Calculation of adult survivors’ pensions

38

(1) An adult survivor’s pension shall be calculated in accordance with the provisions of this regulation, subject to regulations 30(5) and 34(6).

(2) Subject to paragraphs (8) and (9), in a case where the police officer concerned died in the circumstances mentioned in regulation 36(a), (b) or (d), an adult survivor of that officer shall be entitled to an annual pension payable for life calculated in accordance with paragraph (3).

(3) The annual pension shall be equivalent to half of the annual pension which—

(a) was payable to the officer at the time of his death; or

(b) would have been payable to the officer if his deferred pension had come into payment immediately before his death.

(4) Subject to paragraphs (8) and (9), in a case where the police officer concerned died in the circumstances mentioned in regulation 36(c), an adult survivor of that officer shall be entitled to an annual pension payable for life calculated in accordance with paragraph (5).

(5) The annual pension shall be equivalent to half the annual sum that would have been payable to the officer if—

(a) he had retired immediately before his death; and

(b) on retirement he had had an entitlement to both a standard and an enhanced top-up ill-health pension calculated in accordance with regulations 27 and 28.

(6) Where the police officer concerned was a pension debit member, an adult survivor’s pension is calculated—

(a) by reference to the member’s rights under these Regulations, as reduced by virtue of article 28 of the 1999 Order; and

(b) in accordance with such tables and other guidance as are provided for the purpose by the Scheme actuary.

(7) An adult survivor’s pension shall be calculated by reference to the annual pension which was payable or would have been payable to the police officer as mentioned in paragraph (3), or by reference to the annual sum that would have been payable to the police officer as mentioned in paragraph (5), without taking account of any increase of that annual pension or annual sum in accordance with the Pensions (Increase) Acts.

(8) In the case of an adult survivor who was more than twelve years younger than the police officer concerned at the date of his death—

(a) the survivor’s pension, as calculated in accordance with paragraph (2) to (6), as the case may require and paragraph (7) shall be reduced by 2.5 per cent in respect of each whole year and any additional part of a year in excess of twelve by which the survivor was younger than the officer; but

(b) no reduction under sub-paragraph (a) shall exceed 50 per cent of the pension that would otherwise be payable.

(9) In any case where—

(a) the adult survivor is a surviving spouse or surviving civil partner; and

(b) the marriage of the spouse and the officer occurred, or the civil partnership was formed as the case may be, within the period of six months immediately preceding the officer’s death,

the Board may, in their discretion, withhold the pension.

(10) The amount of an adult survivor’s pension, calculated in accordance with the preceding provisions of this regulation, shall be increased in accordance with regulation 47.

Calculation of child survivors’ pensions

39

(1) Subject to regulations 30(5) and 34(6), a child survivor’s pension shall be calculated in accordance with this regulation.

(2) A child survivor’s pension shall be an annual amount equivalent to half of the pension which would be payable to any adult survivor as calculated in accordance with regulation 38(2) or (3), as the case may require, and regulation 38(5) subject to paragraph (3) below.

(3) Where three or more child survivors’ pensions are for the time being payable in respect of the death of the same person, the pension payable to each child survivor shall be an annual amount equal to the pension which would be payable to an adult survivor as so calculated divided by the total number of child survivors’ pensions so payable.

(4) Where a pension debit member dies, leaving a child survivor, the reduction in his rights under these Regulations by virtue of article 28 of the 1999 Order is disregarded for the purposes of calculating any child survivor’s award payable to that child under these regulations.

(5) In a case where a child survivor is—

(a) in full-time training for a trade, profession or calling or is employed; and

(b) is in receipt of remuneration in respect of that training or employment,

his child survivor’s pension shall be withdrawn or reduced in accordance with paragraph (6).

(6) In the case of a child survivor to whom paragraph (5) applies—

(a) if the annual amount of his child survivor’s pension is greater than the amount of his excess remuneration (within the meaning of paragraph (9)), his pension shall be reduced by the amount of that excess remuneration; or

(b) if the amount of that excess remuneration is equal to or greater than the annual amount of the child survivor’s pension which, but for this sub-paragraph, would be payable to him, a child survivor’s pension shall not be payable.

(7) A child survivor’s pension shall be payable—

(a) in a case where the child survivor was, in the opinion of the Board, at the time of the police officer’s death dependent on him by reason of permanent disablement, for life;

(b) in a case where the child is in full-time education on a course of at least one year’s duration, until he ceases to be in full-time education or attains the age of 23 years, whichever first occurs;

(8) A child survivor’s pension, calculated in accordance with this regulation, shall be increased in accordance with regulation 47.

(9) In this regulation—

“excess remuneration” means the annual amount by which the annual rate of the relevant child survivor’s remuneration exceeds the specified rate.

“specified rate” means a sum equivalent to the annual rate (rounded up to the nearest £1) of the applicable amount of personal allowance payable to a single claimant aged not less than 18 but less than 25 years, as specified in the Income Support (General) Regulations (Northern Ireland) 1987[^f00015] as uprated from time to time in accordance with an order under section 132(1) of the Social Security Administration (Northern Ireland) Act 1992[^f00016].

Guaranteed minimum pension

Guaranteed minimum pension for the purposes of the Pension Schemes (Northern Ireland) Act 1993

40

(1) This paragraph applies, subject to paragraph (2), to a police officer who has a guaranteed minimum under section 9 of the Pension Schemes (Northern Ireland) Act 1993[^f00017] in relation to his pension provided under these Regulations.

(2) Paragraph (1) shall not apply in the case of a police officer in respect of whom a transfer value has been, or is required to be, paid under regulation 74.

(3) A police officer to whom paragraph (1) applies shall be entitled to a pension payable for life of a weekly amount equal to his guaranteed minimum (increased in accordance with section 11 of the 1993 Act); but no payment shall be made on account of the pension—

(a) in respect of any period before the date on which he attains state pensionable age;

(b) if he is also entitled to a pension under the preceding provisions of this Part, in respect of any period for which that pension, together with any increase therein under the Pensions (Increase) Act (Northern Ireland) 1971[^f00018], exceeds the pension which, disregarding this sub-paragraph, would be payable under this regulation; or

(c) subject to paragraph (4), in respect of any period following the date on which he attains state pensionable age during which he continues to be in service or employment (whether or not as a police officer) which commenced before he attained that age if—

(i) his service or employment is otherwise than as a police officer and he consents to postponement of his entitlement under this paragraph;

(ii) he is entitled to an ordinary or deferred pension under these Regulations but for the period in question that pension has been withdrawn, in whole or in part, in pursuance of a decision taken by the Board for the purposes of regulation 49 before he attained state pensionable age; or

(iii) his continued service is as a police officer and he has no entitlement to an ordinary or deferred pension under these Regulations.

(4) Where a person continues to be in service or employment (whether or not as a police officer) for a period of five years following the date on which he attains state pensionable age and does not then leave it, the commencement of his entitlement to a guaranteed minimum pension may be further postponed only if he consents to such postponement.

(5) This paragraph applies in the case of a police officer who has ceased to be in service or employment that was contracted-out within the meaning of section 4(1) of the Pension Schemes Act (Northern Ireland) 1993[^f00019] and either—

(a) all his entitlements to awards under these Regulations, except his rights in respect of his guaranteed minimum or his rights under section 5(2)(b) of the Pension Schemes Act (Northern Ireland) 1993[^f00020] (“his contracting-out rights”) have been transferred under Part 8; or

(b) he has no entitlement to an award under these Regulations apart from his contracting-out rights.

(6) A police officer to whom paragraph (5) applies shall be entitled to—

(a) a pension payable for life as from the date on which he attains state pensionable age of a weekly amount equal to his guaranteed minimum, if any; and

(b) as from the date on which he attains the age of 55 a lump-sum and pension in respect of his rights under section 5(2)(b) of the 1993 Act.

(7) In a case in which paragraph (1) or (5) applies, where the police officer dies or has died at any time leaving a surviving spouse or surviving civil partner, then unless pension to which he has been entitled has been forfeited under regulation 52(2), the surviving spouse or surviving civil partner, as the case may be, shall be entitled to a pension of a weekly amount calculated in accordance with section 13(3) or (4) of the 1993 Act, as the case may require; but no payment shall be made on account of such pension if the surviving spouse or surviving civil partner is also entitled to a survivor’s pension under regulation 36 in respect of any period for which the amount of that survivor’s pension exceeds the pension which, disregarding this paragraph, would be payable under this regulation.

(8) Where a surviving spouse or surviving civil partner is entitled to both a survivor’s pension under regulation 36 and a pension under paragraph (7) then, in respect of any period in respect of which a payment is made on account of the pension under paragraph (7), no payment shall be made to the surviving spouse or surviving civil partner on account of any such survivor’s pension.

(9) For the purposes of this regulation, “state pensionable age” shall mean, in the case of a man, the age of 65 or, in the case of a woman, the age of 60.

(10) Regulation 52 shall apply in relation to a pension under paragraph (3), (6) or (7) as it applies to any other pension under this Part but as if paragraph (4) of that regulation were omitted.

(11) Save as provided for in paragraphs (3), (7) (8) or (10), nothing in any other regulation shall affect a person’s entitlement to a pension under this regulation, the amount of such a pension or the circumstances in which it may be withdrawn or forfeited.

Awards on death - additional provisions

Death gratuities - dependants

41

(1) This regulation applies in the case of a police officer who dies while in receipt of a pension or while entitled to a deferred pension, whether or not that pension has come into payment, if death—

(a) results from an injury received in the execution of his duty; or

(b) takes place within two years of his becoming entitled to his pension.

(2) In the case of such a police officer the Board may, in their discretion grant a gratuity to any person who was to any degree dependent on him, whether financially or by reason of disablement, at the time of his death; but the aggregate amount of any gratuities granted under this regulation shall not exceed the aggregate pension contributions in respect of the police officer’s relevant period of service, calculated in accordance with regulation 23.

Death gratuity - estate

42

(1) This regulation applies in the case of a police officer who dies—

(a) while in receipt of a pension;

(b) while entitled to a deferred pension, whether or not that pension has come into payment; or

(2) If in the case of such an officer, the aggregate of—

(a) any payments made or due to such an officer on account of his pension or by way of a lump-sum under regulation 24 or 26 together with any increase therein under the Pensions (Increase) Acts;

(b) the capitalised value (calculated in accordance with tables prepared from time to time by the Scheme actuary) of any pension or allowance granted in respect of his death;

(d) any gratuity granted in respect of his death under regulation 41,

is less than his aggregate pension contributions in respect of his relevant period of service (calculated in accordance with regulation 23), the Board shall pay a gratuity equal to the difference to his legal personal representative.

Lump-sum death grant

43

(1) On the death of a person while serving as a police officer a lump-sum death grant becomes payable unless an election under regulation 7 not to pay pension contributions had effect at the time of the death.

(2) The grant is payable whether or not any adult survivor’s pension or death gratuity to a dependant of the officer or his estate is payable under regulation 36, 41 or 42 respectively.

(3) The amount of the grant is three times that of the deceased officer’s pensionable pay, expressed as an annual rate—

(a) at the time of death, or

(b) if he was then absent from duty without pay, immediately before that absence began.

(4) The grant is to be paid—

(a) to any surviving spouse or surviving civil partner who qualifies for it; or

(b) if no person is qualified under sub-paragraph (a), and if the Board in their discretion so decide, to a surviving adult partner where the requirements of regulation 37(2)(a) and (b) are met; or

(c) if no payment is made under sub-paragraph (a) or (b), and if the Board in their discretion so decide, to a person in respect of whom a nomination by the officer in accordance with regulation 44 had effect at the time of his death; or

(d) otherwise, if the Board in their discretion so decide, to his legal personal representative.

(5) A surviving spouse or surviving civil partner qualifies for the grant unless at the time of the death—

(a) the deceased officer and his spouse or, as the case may be, civil partner were separated by an order or decree of a competent court, and

(b) the deceased was not required by such an order to contribute, and was not in fact regularly contributing to, the support of the spouse or civil partner or to the spouse or civil partner for the support of a child of the spouse or civil partner.

Nomination for lump-sum death grant

44

(1) A police officer may, subject to paragraph (2), nominate a person to receive any lump-sum death grant which may become payable under regulation 43(4)(c).

(2) Such nomination shall not have effect unless—

(a) it was signed by the officer concerned and sent, before any award under these Regulations other than a pension credit has come into payment, to the Board; and

(b) it has not been revoked by written notice to the Board.

(3) Upon receipt of a nomination or notice of revocation of such a nomination made in accordance with paragraph (2), the Board shall forthwith send to the officer concerned a written notification of its receipt.

Pension debit members – awards on death

45

Where a pension debit member dies any award in respect of him under regulation 41, 42 or 43 is calculated by reference to the member’s rights under these Regulations as reduced by virtue of article 28 of the 1999 Order and in accordance with such tables and other guidance as are provided for the purpose by the Scheme actuary.

Prevention of duplication

46

(1) Subject to paragraph (3), where, but for this regulation, a person would be entitled to receive, in respect of any particular period, payments on account of more than one award in respect of the death of the same person; and each of the awards is a survivor’s pension under regulation 36 or an award under regulation 5, 12, 13, 16, 17, 19 or 20 of the 2006 Injury Regulations, he shall be entitled to receive, in respect of that period, payment on account of one only of those awards.

(2) The award payable under paragraph (1) shall be—

(a) that from time to time selected by the person concerned; or

(b) in default of such selection where one award is for the time being greater than any other such award, the award which is for the time being the greater.

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