Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

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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articles Not indexed

Reform history JSON API

“pension sharing order” means any order or provision which is mentioned in Article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999[^f00050], section 28(1) of the Welfare Reform and Pensions Act 1999[^f00051] or Part 3 of Schedule 15 to the Civil Partnership Act 2004[^f00052];

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

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

“the Pensions (Increase) Acts” means the Pensions (Increase) Act (Northern Ireland) 1971[^f00053] and the Pensions (Increase) Act (Northern Ireland) 1974[^f00054];

“police authority” has the meaning given to it by section 11(2) of the Police Pensions Act 1976[^f00055];

“police force in Great Britain” means a police force as defined in section 101 of the Police Act 1996[^f00056] or section 50 of the Police (Scotland) Act 1967[^f00057], as the case may be.

“police officer” means a person who is:a constable of the Police Service of Northern Ireland as defined in section 1(2) of the Police (Northern Ireland) Act 2000[^f00058]; ora Police Service of Northern Ireland trainee as defined in section 36(3) of the Police (Northern Ireland) Act 2000.

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

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

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

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

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

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

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

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

“regular police officer” means a constable of a police force in Great Britain, and includes—the commissioner, deputy commissioner, assistant commissioners and deputy assistant commissioners of police of the metropolis;the commissioner and assistant commissioners of police for the City of London;an inspector or assistant inspector of constabulary;a police officer engaged on relevant service under section 97(1) of the Police Act 1996[^f00059]; ...a specified NCA officer; and ...

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

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

“relevant service” (except in the expression “relevant service in the reserve forces”) has the meaning assigned to it by section 27(1) of the Police (Northern Ireland) Act 1998[^f00060].

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“unpaid maternity leave” does not include any maternity leave in respect of which statutory maternity pay is payable under the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00062].

SCHEDULE 2 — APPLICATION OF REGULATIONS TO OFFICERS TO WHOM REGULATION 4(2) AND (3) APPLIES

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

The pensionable service reckonable by an officer—

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

(b) to whom paragraph 2 applies;

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

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

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

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

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

(1A) (a) For the purposes of this regulation, the “applicable time” shall be determined in accordance with this paragraph. (b) In a case falling within paragraph 9(a) to (c) of Schedule 2— (i) subject to sub-paragraph (ii), the applicable time is the time of his retirement with an entitlement to— (aa) an ordinary pension under regulation B1; or, as the case may be, (bb) a short service award under regulation B2; (cc) an ill-health pension under regulation B3; (dd) a deferred pension under regulation B5; (ee) an award by way of repayment of aggregate pension contributions under regulation B6 of the 1988 Regulations, (ii) where he has retired with an entitlement mentioned in sub-paragraph (i) and before retiring he had made an election under regulation G4(1) of the 1988 Regulations (election not to pay pension contributions) which had not been cancelled before retiring, the applicable time is the time when he made that election. (c) In a case falling within paragraph 9(d) of Schedule 2, the applicable time is the time when he made his election under regulation G4(1) of the 1988 Regulations.

(g) there were added at the end—

(3) For the purposes of paragraph (1), the total pensionable service which a police officer was entitled to reckon at the applicable time shall be calculated by the Board as the sum of— (a) the pensionable service he was entitled to reckon under Part F of the 1988 Regulations at that time multiplied by the appropriate conversion factor— (i) where he has not yet attained the age of 55 years, applicable to his age next birthday at the notional commencement of pension contributions under the 1988 Regulations, or (ii) where he has attained the age of 55 years, applicable to the number of years’ qualifying service as a police officer he had completed at the applicable time given in the following table—

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

and (b) in the case of a police officer such as is mentioned in paragraph 9(c) of Schedule 2 who had elected to purchase increased benefits in accordance with the Police Pensions (Purchase of Increased Benefits) Regulations 1988[^f00063], such additional sixtieths as he was entitled to reckon under regulation 8(2) of those Regulations immediately before his retirement, multiplied by the conversion factor of 88%. (4) For the purposes of paragraph (3)— (a) “age next birthday at the notional commencement of pension contributions under the 1988 Regulations”, means the age he would attain on the birthday following the date on which he would have attained an exact age determined by subtracting the length of his qualifying service under the 1988 Regulations from his exact age on the date when he commenced paying contributions under these Regulations; and (b) “qualifying service” and “qualifying service under the 1988 Regulations” mean the period in years he was entitled to reckon as pensionable service under the 1988 Regulations, except that where some or all of the service he was so entitled to reckon was part-time service it means the period in years he would have been entitled to reckon as pensionable service if in any period of part-time service he had served full-time.

10

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

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

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

11

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

12

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

13

In the case of—

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

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

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

14

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

SCHEDULE 3 — TRANSFER ELECTIONS UNDER REGULATION 4(8)

1

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

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

(b) in the case of an officer—

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

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

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

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

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

2

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

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

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

the transfer election shall take immediate effect unless—

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

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

3

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

4

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

5

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

6

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

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

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

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

given in the following table—

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

and

(b) in the case of a police officer who had elected to purchase increased benefits in accordance with the Police Pensions (Purchase of Increased Benefits) Regulations 1988[^f00064], such additional sixtieths as he would have been entitled to reckon under regulation 8(2) of those Regulations if, immediately before the date on which his transfer election takes effect, he had made an election under regulation G4 of the 1988 Regulations, multiplied by the conversion factor of 88%:

7

In paragraph 6—

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

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

8

(1) A police officer to whom—

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

(b) regulation 4(5) applies, and

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

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

9

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

10

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

11

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

12

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

13

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

14

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

(a) submitted to the Board no later than—

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

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

whichever shall first occur; and

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

15

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

16

In the case of a police officer—

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

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

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

17

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

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

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

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

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

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

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

18

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

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

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

SCHEDULE 4 — PROGRESSIVE MEDICAL CONDITIONS

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

AIDS;

Alzheimer’s disease;

Cancer;

Creutzfeld-Jacob disease;

Huntington’s chorea;

Motor neurone disease;

Multiple sclerosis;

Nieman Pick disease;

Non-variant Creutzfeld-Jacob disease;

Parkinson’s disease; and

Variant Creutzfeld-Jacob disease.

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

1

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

2

For regulation 3 substitute the following—

(3) (1) For the purposes of calculating an award to or in respect of a member of the police service his pensionable pay shall be calculated— (a) in a case where his pension contributions were payable under regulation G2 of the 1988 Regulations, in the same way as if the award were one payable under the 1988 Regulations, in accordance with regulation G1(1) and (1A) of those Regulations; (b) in a case where his pension contributions were payable under regulation 5 of the 2009 Regulations, in the same way as if the award were one payable under the 2009 Regulations, in accordance with regulation 20 of those Regulations. (2) For the purposes of calculating an award to or in respect of a member of a police force his average pensionable pay shall be calculated— (a) in a case such as is mentioned in paragraph (1)(a), in the same way as if it were an award payable under the 1988 Regulations, in accordance with regulation G1(2) to (7) of those Regulations, and as if— (i) the relevant date for the purposes of that regulation were the date of his last day of service as a police officer, and (ii) the provisions specified in paragraph 4(4) of Part VI of Schedule J (part-time service) to the 1988 Regulations included the following provisions of these Regulations, that is to say regulations 12(2) and (3) (amount of adult survivor’s special award), 13(2)(a) (amount of adult survivor’s augmented award) and 16(3), (4), (5) and (6) (amount of child’s special allowance), and paragraphs 1, 2 and 4 of Schedule 5 (adult dependent relative’s special pension); (b) in a case such as is mentioned in paragraph (1)(b), in the same way as if it were an award payable under the 2009 Regulations, in accordance with regulation 22 of those Regulations, and as if— (i) the period of twelve months mentioned in regulation 22(1) of those Regulations were the period of twelve months ending with the date of his last day of service as a police officer and (ii) the provisions specified in regulation 22(4) of the 2009 Regulations (average pensionable pay) included the provisions of these Regulations mentioned in sub-paragraph (a)(ii). (3) For the purposes of an award calculated in accordance with paragraphs (1) and (2) references in such provisions of the 1988 Regulations or, as the case may be, of the 2009 Regulations as are mentioned in those paragraphs to a person’s pensionable service shall in the case of a police officer who has made an election under regulation G4(1) of the 1988 Regulations or, as the case may be, regulation 7(1) of the 2009 Regulations include references to the pensionable service which would have been reckonable by him if he had not made such an election. (4) For the purposes of calculating an award to or in respect of a police officer his aggregate pension contributions shall be calculated— (a) in a case where his pension contributions were payable under regulation G2 of the 1988 Regulations, in the same way as if it were an award payable under the 1988 Regulations, in accordance with regulation A9 of those Regulations; (b) in a case where his pension contributions were payable under regulation 5 of the 2009 Regulations, in the same way as if it were an award payable under the 2009 Regulations, in accordance with regulation 23 of those Regulations.

3

For regulation 11(3) substitute the following—

(3) For the purposes of paragraph (2)(b) the amount of aggregate pension contributions in respect of the relevant period of service shall be calculated— (a) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation G2(1) of the 1988 Regulations or would have been so payable but for an election under regulation G4(1) of the 1988 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation A9 of those Regulations; (b) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation 5 of the 2009 Regulations or would have been so payable but for an election under regulation 7 of the 2009 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation 23 of those Regulations.

4

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

5

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

6

In regulation 21—

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

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

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

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

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

7

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

8

In regulation 25—

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

(b) in paragraph (2)—

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

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

9

In regulation 26—

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

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

10

In regulation 27—

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

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

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

11

In regulation 29(2)—

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

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

12

In regulation 35—

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

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

13

In regulation 38 after paragraph (4) insert the following paragraph—

(4A) The Board may, to such extent as they at any time in their discretion think fit— (a) apply for the benefit of any adult or child survivor of the grantee of the pension; or (b) restore to the grantee of the pension, any amount or amounts of any pension that has or have been forfeited under this regulation.

14

In Schedule 1, at the appropriate place insert—

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

15

In Schedule 3—

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

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

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

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

Signed

Shaun Woodward — One of Her Majesty’s Principal Secretaries of State — 21st February 2009

We consent to the making of these regulations

Frank Roy — Tony Cunnigham — Two of the Lords Commissioners of Her Majesty’s Treasury — 2nd March 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision in relation to pensions payable to police officers in the Police Service of Northern Ireland and to others, including surviving spouses or civil partners and children, in respect of deceased, serving or retired officers. The Regulations revoke and replace the Police Pension (Northern Ireland) Regulations 2007 (S.R. 2007 No. 476).

The Regulations have effect from 6th April 2006 (the commencement date), apart from regulations 10(2)(c) and 74(9) which have effect from 31st December 2007. Retrospective effect is permitted by Articles 14 and 15 of the Superannuation (Northern Ireland) Order 1972[^f00065]. The Regulations apply to police officers who first became such on or after the commencement date (regulation 4(1)). They also apply to certain officers who first became such before the commencement date and rejoin the police service on or after that date following a break in service (regulation 4(2)), subject to modifications in Schedule 2. They also apply to officers who remain in service as at the commencement date but who elect or had elected not to pay pension contributions; they may elect to pay contributions under these Regulations (regulation 4(3) and (4)). The RUC Pensions Regulations 1988 (“the 1988 Regulations”) continue to have effect in relation to other police officers who first became such before the commencement date. Officers who remain in service as at the commencement date and are paying pension contributions under the 1988 Regulations may elect for these Regulations to apply instead and for earlier pensionable service to count towards pension awards under these Regulations (regulation 4(6) to (9)). Regulation 4(8) also enables other categories of serving officers who first became such before the commencement date, and who are entitled to accrued benefits under the 1988 Regulations, to make a transfer election so that earlier pensionable service will instead count towards pension awards under these Regulations. Schedule 3 makes provision for transfer elections and related matters.

Part 2 of the Regulations further requires pension contributions to be paid by police officers (regulation 5) subject to an election not to do so (regulation 7). That Part also provides for the reckoning of pensionable service, and governs the time of voluntary or compulsory retirement. The minimum age for voluntary retirement is 55 years. Part 3 is concerned with the calculation of pensionable pay and aggregate pension contributions for the purposes of awards.

Part 4 makes provision for the pension awards which may be payable to police officers or in respect of deceased officers, and for the circumstances in which awards may be reviewed, withdrawn or forfeited. Part 5 enables officers to purchase increased benefits or “added years”. Part 6 applies to cases where there is a pension sharing order under the Welfare Reform and Pensions (1999 Order) (Commencement No. 9) Order (Northern Ireland) 2001 or the Civil Partnership Act 2004 (commencement No. 3) (Northern Ireland) Order 2005. Part 7 contains provision for the determination of medical questions related to eligibility for awards.

Part 8 contains financial provisions including provisions on transfer values. Part 9 makes provision for special cases: servicemen, transfers of police officers and members of the Police Service Northern Ireland Reserve (Full-Time).

Footnotes

[^f00001]: 1998 c.32. The powers conferred by sections 25 and 26 are extended by Articles 14 and 15 of the Superannuation (Northern Ireland) Order 1972 (S.I.1972/1073 (N.I.10)) which enable regulations to have retrospective effect. Both sections have been modified by section 49 of the Police (Northern Ireland) Act 2000 (“2000 Act”) (c.32)

[^f00002]: This subsection was inserted by paragraph 23(6) of Schedule 6 to the 2000 Act

[^f00003]: 1996 c.16. Modified by Section 49 of the 2000 Act

[^f00005]: 1992 c.7

[^f00007]: 2000 c.32

[^f00008]: 1993 c.49

[^f00009]: 1971 c.3 (N.I.)

[^f00010]: Section 57 was amended by the Pensions (Northern Ireland) Order 1995, Schedule 3, paragraph 47 (S.I. 1995/3213 (N.I.22)), by the Child Support, Pensions and Social Security Act 2000, Schedule 5, Part 1, paragraph 6(2) (c.19), and by the Pensions Act 2004, Schedule 12, paragraphs 9 and 12 c.35

[^f00011]: 2004 c.12

[^f00016]: 1992 c.8

[^f00017]: 1993 c.49; section 9 has been amended by the Pensions (Northern Ireland) Order (S.I. 1995/3213 (NI 22), schedule 3, paragraph 20 and Schedule 5, Part III; the Social Security Contribution (Transfer of Functions, etc) Act 1999 (c.2), Schedule 1, paragraph 38; and the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraphs 1 and 22(1) and (3); and subsection (1) has been modified in certain cases by the Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1996 (S.I. 1996/1461), regulation 6(4) and the Contracting-out (Transfer and Transfer Payment) Regulations 1996 (S.I. 1996/1462), regulations 12 and 13 and Schedule 2, paragraphs 3 and 7

[^f00018]: 1971 c.35. (NI)

[^f00019]: Section 4(1) was amended by Article 133(2) of Schedule 5 to the Pensions (Northern Ireland) Order 1995, paragraph 21(a) and by the Social Security Contributions (Transfer of Functions, etc) (Northern Ireland) Order 1999, Schedule 1, paragraph 34(a)

[^f00020]: Section 5(2)(b) was substituted by section 136(3) of the Pensions (Northern Ireland) Order 1995 and amended by the Social Security Contributions (Transfer of Functions, etc) Order 1999, Schedule 1, paragraph 35(1) and (2)

[^f00021]: Paragraph 43 has been amended by paragraph 8 of Schedule 2 to the Police Pensions Act 1976 (c.35) and paragraph 18(3) of schedule 7 to the Police Act 1996 (c.16)

[^f00022]: 1993 c.49

[^f00023]: 1911 c.28; 1920 c.75; 1939 c.121; 1989 c.6

[^f00024]: 2004 c.12

[^f00025]: S.I. 1999/3147 (N.I.11); the relevant regulations are S.R. (N.I.) 2000 No.145, as amended by S.R. (N.I.) 2000 No.335

[^f00026]: S.I. 1980/397 (N.I.3)

[^f00028]: 2004 c.12

[^f00029]: Section 97AA(1)(b) was inserted by Article 241 of the Pensions (Northern Ireland) Order 2005

[^f00030]: 2000 c.8

[^f00031]: 1971 c.56 and 1974 c.9

[^f00032]: 1965 c.32

[^f00033]: 2004 c.12

[^f00034]: Subsection (1) of section 216 was amended by the Finance Act 2005 (c.7), Schedule 10, paragraphs 1, 31 and 42, and Schedule 23, paragraphs 1 and 30

[^f00035]: 1996 c.14

[^f00036]: 1980 c.9

[^f00040]: 1993 c.49

[^f00041]: 1999 c.30

[^f00043]: 2000 c.32

[^f00044]: 2004 c.33

[^f00047]: Regulation 5 has been amended by S.R.(N.I) 2004 No.37

[^f00048]: Section 97B was inserted by article 34 of the Welfare, Reform and Pensions (Northern Ireland) Order (S.I. 1999/3147 (N.I.11))

[^f00049]: 1995 c.26.

[^f00050]: S.I. 1999/3147 (N.I.11)

[^f00051]: 1999 c.30

[^f00052]: 2004 c.33

[^f00053]: 1971 c.35 (N.I.)

[^f00054]: 1974 c.9

[^f00055]: 1976 c.35; section 11(2) was amended by the Police and Magistrates’ Courts Act 1994 (c.29), Schedule 5, Part 2, paragraph 20(3), the 1996 Act, Schedule 7, paragraph 33, the Police Act 1997 (c.50), Schedule 9, paragraph 33(2)(b) and 33(2)(c), the Criminal Justice and Police Act 2001 (c.16), section 126(3) and Schedule 4, paragraph 6 and the Police Reform Act 2002, Schedule 7, paragraph 7(1) and (2)

[^f00056]: 1996 c.16

[^f00057]: 1967 c.77

[^f00058]: 2000 c.32

[^f00059]: Section 97(1) was amended by the Police Act 1997 (c.50), Schedule 9, paragraph 86(2), the Criminal Justice and Police Act 2001 (c.16), Schedule 4, paragraph 7(3)(a), the International Development Act 2002 (c.1), Sch3edule 3, paragraph 11 and Schedule 4, the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraphs 1 and 30(1) and (2) and the Police Reform Act 2002 (c.30), Schedule 7, paragraph 19(1)

[^f00060]: 1998 c.32

[^f00062]: 1992 c.7

[^f00063]: S.R. 1988 No.379; relevant amendments were made by S.R. 1990 No.411 and S.R. 2004 No.384

[^f00064]: SR 1988 No 379; relevant amendments were made by SR 1990/411 SR 2004/384 and 2006/122

[^f00065]: Article 15(c), (d) and (e) was amended by paragraph 6 of Schedule 4 of the Police (Northern Ireland) Act 1998 (“the 1998 Act”)

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.

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 NCA officer 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 NCA officer—

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

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

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 for this purpose account shall be taken of any pensionable service the officer would have been entitled to reckon had any transfer value not been paid under regulation F9 of 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), ...

(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; and

(d) his election shall otherwise be cancelled in accordance with regulation 7(6), and he shall then 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.

5

(1) Subject to paragraph (5), a police officer whose basic annual salary is £27,000 or less 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, 7.5 per cent of his pensionable pay; and

(b) in any other case, 11 per cent of his pensionable pay.

(2) Subject to paragraph (5), a police officer whose basic annual salary is more than £27,000 but less than £60,000 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, 8.55 per cent of his pensionable pay; and

(b) in any other case, 12.05 per cent of his pensionable pay.

(3) Subject to paragraph (5), a police officer whose basic annual salary is £60,000 or more 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, 9.25 per cent of his pensionable pay; and

(b) in any other case, 12.75 per cent of his pensionable pay.

(4) The pension contributions payable under paragraphs (1) to (3) 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 reduction of the appropriate amount made by the Board from the instalment.

(5) Paragraphs (1) to (3) 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.

(6) For the purposes of this regulation “basic annual salary” means—

(a) in the case of a police officer in full-time service, the salary payable to that police officer in accordance with a determination made by the Department of Justice under regulation 23 of the Police Service of Northern Ireland Regulations 2005; and

(b) in the case of a police officer in part-time service, the salary that would be payable to that police officer in accordance with such a determination if he was in full-time service,

and does not include any bonus, weighting or other payment payable to the police officer in accordance with such a determination.

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:

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.

(3A) In the case of a police officer who has given notice under paragraph (1) within three months of a relevant event, his election under that paragraph shall be deemed to have taken effect on the date of that relevant event.

(3B) A relevant event for the purposes of paragraph (3A) is—

(a) the automatic enrolment date;

(b) an automatic re-enrolment date;

(c) the police officer first becoming liable to pay pension contributions by reason of exercising the right afforded by section 7 of the Pensions (No. 2) Act (Northern Ireland) 2008 (jobholder’s right to opt in).

(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 and the election shall cease to have effect as from the date on which an instalment of pay next falls due to him after the receipt of such notice.

(6) An election made by a police officer under paragraph (1) shall, if it has not been cancelled under paragraph (5), be cancelled on the automatic enrolment date or (if that date has passed) on the next automatic re-enrolment date, and shall cease to have effect as from the date on which an instalment of pay next falls due to him after the date of cancellation.

(7) A written notice given under paragraph (1) or (5) shall be signed by the police officer or, where the notice is in electronic format it shall include a statement confirming that the notice is given by the police officer personally.

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.

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.

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.

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

(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.

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.

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.

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; ...

(d) leaving the police service on becoming a specified NCA officer; or

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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].

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 NCA officer who intends to retire under this regulation shall give the NCA 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 NCA officer and the NCA.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 NCA officer ... shall be deemed to have retired in accordance with this regulation where his contract of employment has been terminated.

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.

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