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

PDF Download

articles Not indexed

Reform history JSON API

(4) This regulation shall not apply to a specified NCA officer ....

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 NCA officer ....

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 independent medical referee 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)).

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.

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 NCA officer ..., 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.

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.

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.

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.

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.

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.

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”).

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.

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.

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.

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.

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.

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].

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.

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.

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]; orby 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).

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.

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—

(a) the following conditions are met—

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

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 standard allowance included in an award of universal credit, for a single claimant aged under 25 years, as specified in regulation 38 of the Universal Credit Regulations (Northern Ireland) 2016 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].

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” means the pensionable age determined in accordance with the rules in Article 123 of and Schedule 2 to the Pensions (Northern Ireland) Order 1995.

(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.

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.

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.

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) subject to paragraph (4A), 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.

(4A) Unless paragraph (4B) applies, the Board must pay a grant to a person of the description in paragraph (4)(b) if a grant was paid to a different person under paragraph (4)(c) or (d) before this paragraph came into operation.

(4B) This paragraph applies where the Board are of the opinion that the person of the description in paragraph (4)(b) has benefitted from all of the grant paid under paragraph (4)(c) or (d).

(4C) The amount of a grant payable under paragraph (4A) is an amount calculated under paragraph (3), but the Board may pay such a lower amount as they consider appropriate in all the circumstances if they are of the opinion that the person has benefitted from some of the grant paid under paragraph (4)(c) or (d).

(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.

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.

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.

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.

(3) Nothing in paragraph (1) shall prevent a person from being entitled to receive more than one such pension if the awards in question are calculated, directly or indirectly, by reference to different periods of pensionable service.

47

(1) Where it is provided that, for the purpose of calculating an award by way of periodical payments or a gratuity (“the relevant award”), an amount shall be increased in accordance with this regulation, the increase shall be calculated in accordance with paragraph (2).

(2) The amount to be increased shall be increased by the amount, if any, by which a corresponding pension (within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971) of the amount first mentioned would from time to time be increased under the Pensions (Increase) Acts if—

(a) it were payable to the person entitled to the relevant award and, in relation thereto, he had the like guaranteed minimum pension (if any) as he has in relation to the relevant award;

(b) it were one of the pensions specified in paragraph 43 of Part II of Schedule 2 to the said Act of 1971[^f00021];

(d) it began, within the meaning of the said Act of 1971, and became payable when the relevant award so began and became payable.

(3) The Pensions (Increase) Acts as applied by paragraph (2) shall have effect as if section 3 were omitted from the Pensions (Increase) Act 1971 and, accordingly, the amount first mentioned in paragraph (1) shall be increased so long as the pension is payable.

48

(1) As long as a person—

(a) is in receipt of—

(i) a standard ill-health pension and has not attained the age of 55 years; or

(ii) an enhanced top-up ill-health pension or 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

(b) in either case has not attained the age of 65 years,

the Board may consider, at such times as are specified in paragraph (2), whether his disablement has ceased, significantly worsened (in the case of a person such as is mentioned in paragraph (1)(a)(i)) or significantly improved (in the case of a person such as is mentioned in paragraph (1)(a)(ii)).

(2) The times mentioned in paragraph (1) are such times as the Board may in their discretion determine—

(a) in the case of a person such as is mentioned in paragraph (1)(a)(i), until the person concerned attains the age of 55 years; and

(b) in the case of a person such as is mentioned in paragraph (1)(a)(ii), at intervals of no less than five years until the person concerned attains the age of 65 years.

(3) If, on any consideration under paragraph (1), it is found, in respect of a person who—

(a) is in receipt of a standard ill-health pension or an enhanced top-up ill-health pension, and

(b) has not attained the age of 55 years,

that his disablement for the performance of the ordinary duties of a member of the police service has ceased, the Board may give the person concerned notice that if he wishes to rejoin the service as a police officer within a period of not less than three months from the date on which he has been given such notice he will be permitted to do so.

(4) If the person concerned, within the period referred to in paragraph (3), offers to rejoin the police service as a police officer, he shall be permitted to do so in a rank not lower than that he held immediately before he retired with the ill-health pension.

(5) On the person concerned rejoining the service as mentioned in paragraph (4) or, where in any other circumstances a person who is in receipt of either—

(a) an ill-health; or

(b) a deferred pension which came into payment early on the grounds of permanent disablement for engaging in any regular employment,

rejoins the service, then payment of his ill-health pension shall be terminated by the Board upon rejoining.

(6) Where the person concerned does not offer to rejoin the service under paragraph (4) within the period referred to in paragraph (3), at the end of that period payment of his ill-health pension shall be terminated by the Board.

(7) If on any consideration under paragraph (1), it is found in respect of a person who—

(a) is in receipt of an ill-health pension; and

(b) has not attained the age of 55 years,

that his disablement for the performance of the ordinary duties of a member of the service would have been expected to have ceased by reason of his having received normal appropriate medical treatment, payment of his ill-heath pension may be terminated by the Board, if the conditions in paragraph (9) are met.

(8) In paragraph (7) “appropriate medical treatment” shall not include medical treatment that it is reasonable in the opinion of the Board for that person to refuse.

(9) The conditions referred to in paragraph (7) are that—

(a) the officer concerned is not receiving or has not received medical treatment, as the case may be;

(b) his failure to receive such treatment is attributable to his wilfulness or negligence; and

(i) a written notice from the selected medical practitioner that, in his opinion, the conditions set out in paragraph (10) apply in that person’s case; and

(ii) a written notice from the Board of their opinion that paragraph (b) applies in his case and of their powers to terminate payment of his ill-health pension under paragraph (7).

(10) The conditions referred to in paragraph (9)(c)(i) are that—

(a) the officer’s disablement for the performance of the ordinary duties of a member of the service would have been expected to have ceased by reason of his having received appropriate medical treatment; and

(b) the officer is not receiving or has not received such medical treatment.

(11) If, on any consideration under paragraph (1), it is found in respect of a person who—

(a) has not attained 65 years of age, and

(b) is in receipt of either—

(i) an enhanced top-up ill-health pension; or

(ii) a deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment,

that his disablement for engaging in any regular employment has ceased, then

(c) in such a case as is mentioned in sub-paragraph (b)(i), except where the Board have given notice to the person concerned under paragraph (3), his entitlement to his enhanced top-up ill-health pension shall cease and he shall remain entitled to payment of his standard ill-health pension; and,

(d) in such a case as is mentioned in sub-paragraph (b)(ii), the Board shall cease to make early payments of his deferred pension.

(12) Subject to paragraph (14), if on any consideration under paragraph (1), it is found, in respect of a person in receipt of a standard ill-health pension, that his disablement has worsened to the extent that he has become disabled for engaging in any regular employment, he shall become entitled to an enhanced top-up ill-health pension, calculated in accordance with regulation 28 and payable in accordance with paragraph (13):

49

(1) Subject to paragraphs (3) and (4), the Board may, in their discretion, withdraw the whole or any part of the pension for any period during which the pensioner is serving as a police officer in the police service or any police force in Great Britain.

(2) Where the Board withdraw a pension in accordance with paragraph (1) they shall be discharged from all actual or contingent liability in respect of the pension, or the part of it, withdrawn for the period in question.

(3) This regulation does not apply to a pension under regulation 36 or a pension credit under regulation 58.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50

(1) Where a police officer or a former police officer becomes permanently disabled and has brought about or substantially contributed to the disablement by his own default, the Board may reduce the amount of any—

(a) ill-health pension; or

(b) deferred pension which comes into payment early on the ground of permanent disablement for engaging in any regular employment,

payable to him by them by an amount not exceeding a half of that to which he would otherwise be entitled.

(2) This regulation shall not apply where the person concerned—

(a) is in receipt of a standard ill-health pension and has attained the age of 55 years; or

(b) is in receipt of a deferred pension and has attained the age of 65 years.

(3) Where the pension of a police officer has been reduced under this regulation, then, if when he attains the age of 65 years the reduced pension is less than the amount of the deferred pension which would have been payable on his attaining that age had he been granted such a pension on the date of his ceasing to serve, it shall be increased to that amount.

51

In a case where a person to whom regulation 29 applies ceased to serve by reason of dismissal under the Conduct Regulations and—

(a) was permanently disabled for engaging in any regular employment at the time when he so ceased to serve; or

(b) becomes so disabled before he attains the age of 65 years,

no payment shall be made on account of the pension in respect of the period before he attains the age of 65 years unless the Board in the exercise of their discretion determine to make such payment.

52

(1) This regulation applies to a pension payable—

(a) under this Part, to a police officer or former police officer;

(b) under regulation 36, to a survivor of such a police officer; and

(2) The Board may determine that the pension be forfeited, in whole or in part and permanently or temporarily as it may specify, if—

(a) the pensioner has been convicted of an offence mentioned in paragraph (3); and

(b) the beneficiary of a deceased member of this scheme is convicted of a relevant criminal offence mentioned in paragraph (3A).

(3) The offences referred to in paragraph (2)(a) are—

(a) an offence of treason;

(b) one or more offences under the Official Secrets Acts 1911 to 1989[^f00023] , or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, for which the grantee has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least ten years.

(3A) the relevant criminal offences referred to in paragraph (2)(b) are—

(a) the murder of the member;

(b) the manslaughter of the member; or

(4) The Board may determine that the pension be forfeited, in whole or in part and permanently or temporarily as it may specify, if—

(a) the grantee has been convicted of an offence committed in connection with his service as a member of the police service; and

(b) that offence is certified by the Secretary of State either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(4A) If the scheme manager withholds all of the benefits payable to a beneficiary, regulations 36 to 39 apply as if the beneficiary has died before the member.

(5) The Board may, to such extent as it at any time in its discretion thinks 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.

(6) To the extent to which a pension is forfeited under this regulation, the Board shall be discharged from all actual or contingent liability in respect of it.

(7) This regulation has effect subject to regulation 40(10).

(8) In this Regulation, “beneficiary” means either a child survivor or an adult survivor as defined in regulation 37.

53

(1) This paragraph applies to a police officer by whom contributions are for the time being payable under regulation 5.

(2) Subject to the following provisions of this regulation, a police officer to whom paragraph (1) applies may at any time, for the purpose of reckoning additional pensionable service (“added years”) in calculating the awards payable to, or in respect of, him under Part 4, elect to make payment to the Board in accordance with the following provisions of this Part.

(3) Such an election is to be made by giving written notice to the Board specifying—

(a) the number of added years to be purchased;

(b) the date, no earlier than that on which the officer will attain the age of 55 years nor later than that on which he could be required to retire under regulation 16(1) or (2) if he continued to serve without change of rank, when he wishes the added years purchased to become reckonable for the purpose of calculating awards; and

(c) whether payment is to be made by way of a lump-sum in accordance with regulation 55 or periodical contributions in accordance with regulation 56.

(4) The total number of added years that may be purchased in accordance with regulations 55 and 56 by virtue of such an election shall not exceed—

(a) Five; or

(b) such lesser number as would entitle the officer, if he were to serve continuously as a full-time member of the service from the date of his election under paragraph (2) until the date specified in accordance with paragraph (3)(b), to reckon a total of 35 years’ pensionable service as at the date so specified.

(5) A pension debit member may not replace any rights debited to him as a consequence of a pension sharing order with any rights which he would not have been able to acquire (in addition to the debited rights) had the order not been made.

54

(1) The Board may refuse to accept an election to make payment by periodical contributions unless—

(a) the police officer in question has undergone a medical examination; and

(b) satisfied the Board as to his good health.

(2) Any fee in respect of a medical examination pursuant to paragraph (1) shall be paid by the police officer.

(3) An election made under regulation 53(2) to purchase added years by way of periodical contributions shall take effect from the date on which the periodical contributions commence in accordance with regulation 56(1).

(4) Subject to regulation 56(5) an election made under regulation 53(2) shall be irrevocable, save that where the Board is satisfied that the payment of periodical contributions in accordance with such an election is causing, or is likely to cause, financial hardship they may consent to the discontinuance of such contributions for such period as they think fit.

(5) When a police officer who has made an election under regulation 53(2) has not retired by the date specified in the notice of election in accordance with regulation 53(3)(b), then, notwithstanding that he may derive no benefit from his election, his liability to make payment in accordance with the following provisions of this Part shall not be affected and he shall not be entitled to the repayment of any lump-sum or contribution so paid.

55

(1) A police officer to whom regulation 53(1) applies may, within twelve months of the date when he last began to serve as such, elect under that regulation to make payment by a lump-sum of such amount calculated by the Board, in accordance with tables prepared by the Scheme actuary, as is necessary to purchase the added years specified in the notice of election.

(2) A lump-sum payment under this regulation shall be made within three months of the date on which the notice of election is given and, if it is not so made, the election shall be deemed for the purposes of these Regulations never to have been made.

(3) A sum held in another pension scheme may not be used to purchase added years under this regulation.

56

(1) Subject to the following provisions of this regulation, where a police officer elects to make payment under this regulation the periodical contributions—

(a) shall be made as from the date of his birthday falling within the year beginning with the date of his election; and

(b) shall continue, subject to any discontinuance on the ground of financial hardship in accordance with regulation 54(4) until the date—

(i) specified in the notice of election in accordance with regulation 53(3)(b);

(ii) on which any election made by him under regulation 7 takes effect;

(iii) on which he retires under regulation 15, 16 or 17, as the case may be, or otherwise ceases to serve as a police officer; or

(iv) subject to paragraph (8), on which he retires under regulation 18,

whichever is the earliest.

(2) All contributions under this regulation shall be deducted by the Board from the pay of the officer concerned.

(3) Such contributions shall be of such amount, calculated by the Board in accordance with tables prepared by the Scheme actuary, as is necessary to purchase the added years specified in the notice of election.

(4) In a case where the police officer makes an election to pay by periodical contributions while he is in part-time service, either—

(a) payments payable by him shall be calculated as if he were in full-time service and his pensionable pay were the amount that would be his pensionable pay if he were in full-time service; or

(b) those payments are to be payable in accordance with paragraph (7).

(5) An officer who made an election under regulation 53(2) at a time when he was a full-time member of the police service and has subsequently begun to serve on a part-time basis may vary that election within the period of three months from the date on which he began to serve on a part-time basis.

(6) Variation of an election in accordance with paragraph (5) shall be made by giving written notice to the Board specifying that the police officer in part-time service concerned wishes the payments payable by him to be payable in accordance with paragraph (7) and takes effect on the date of that notice.

(7) Where a police officer who is in part-time service—

(a) makes an election under regulation 53(2); or

(b) varies such an election in accordance with paragraph (5) and (6),

specifying that the payments which are payable by him are to be payable in accordance with this paragraph, then the payments payable by him by periodical payments shall be payable at the same percentage of his pay as if he were in full-time service.

(8) In the case of a police officer who has retired with an entitlement to an ill-health pension but has subsequently rejoined the police service or joined a police force in Great Britain in accordance with regulation 48 his periodical contributions shall again become payable as provided by paragraph (1).

(9) A sum held in another pension scheme may not be used to purchase added years under this regulation.

57

(1) Subject to the following provisions of this regulation, for the purposes of calculating any award under Part 4 to or in respect of a police officer, added years purchased in pursuance of an election under regulation 53(2) shall be reckonable in the same way as other pensionable service reckonable by him.

(2) Subject to regulation 55(2), in a case where a police officer elects under regulation 53(3)(c) to make payments by way of a lump sum, he shall be entitled to reckon the number of added years specified in his notice of election under regulation 53(3)(a).

(3) In a case where a police officer elects under regulation 53(3)(c) to make payments by way of periodical contributions, he shall be entitled to reckon the number of added years determined in accordance with the following provisions of this regulation.

(4) Unless a police officer is in part-time service and has elected to pay contributions at the same percentage of his pensionable pay as if he were in full-time service as in regulation 56(7), in a case where the periodical contributions continue in payment until the date specified in the notice of election, the officer will be entitled to reckon the number of added years specified in his notice of election under regulation 53(3)(a).

(5) This paragraph applies where a police officer has commenced payment of periodical contributions in accordance with an election under regulation 53(2) and dies in service or retires with an entitlement to an ill-health pension under regulation 26.

(6) In a case in which paragraph (5) applies, the officer concerned shall, subject to paragraph (8), be entitled to reckon all the added years specified in his notice of election under regulation 53(3)(a), save that where—

(a) he had discontinued payment of periodical contributions on the grounds of financial hardship under regulation 54(4); or

(b) he was an officer with part-time service and had elected to pay contributions at the same percentage of his pensionable pay as if he were in full-time service as in regulation 56(7),

he shall be entitled to reckon a proportion of such benefits, determined in accordance with the formula set out in paragraph (7).

(7) The formula referred to in paragraph (6) is—

$$AYxPMPD$where—AY is the number of added years specified in the notice of election in accordance with regulation 53(3)(a);PM is the aggregate length of the periods during which periodical contributions were made calculated in accordance with paragraph (14), where applicable; andPD is the length of the period beginning with the date on which the election under regulation 53(2) took effect and ending on the date on which the officer concerned died or retired on the ground of disablement, as the case may be.$

(8) Subject to paragraph (9), in a case in which the officer concerned retired with—

(a) an entitlement to a standard ill-health pension and that entitlement ceases in accordance with regulation 48; or

(b) an entitlement to an enhanced top-up ill-health pension and that entitlement ceases in accordance with regulation 48 in circumstances where he does not then remain entitled to a standard ill-health pension under paragraph (11)(c) of that regulation,

then (whether or not he rejoins the police service), his entitlement under paragraph (6) to reckon all or a proportion of the number of added years specified in his notice of election under regulation 53(3)(a) shall cease, but for the purposes of this regulation he will be deemed to have made the periodical contributions which, but for his retirement, would have fallen due during the period of that retirement.

(9) Where at the time of the officer’s retirement on the ground of disablement he was entitled to reckon the proportion of the added years which he elected to purchase given in paragraph (7) he shall be deemed to have made a proportion of such periodical contributions, determined in accordance with the formula set out in paragraph (10).

(10) The formula referred to in paragraph (9) is—

$PNxPMPD$

where PN is the length of the period beginning with the date on which the officer retired on the ground of disablement and ending on the date on which entitlement to the ill-health pension in question ceased, and PM and PD have the same meaning as in paragraph (7).

(11) This paragraph applies to a police officer in respect of whom—

(a) periodical contributions continue to be payable until the date specified in the notice of election, but had been discontinued for a period on the grounds of financial hardship under regulation 54(4), whether or not they were so discontinued at the date specified in the notice of election;

(b) periodical payments continue to be payable until the date specified in the notice of election, but he is an officer in part-time service and has elected to pay contributions payable at the same percentage of his pensionable pay as if he were in full-time service as in regulation 56(7);

(c) periodical contributions ceased in accordance with regulation 56(1)(b)(ii) on the date on which any election made by him under regulation 7 takes effect; or

(d) periodical contributions ceased in accordance with regulation 56(1)(b)(iii) on the date on which he retired under regulations 15, 16, or 17, as the case may be, or otherwise ceased to serve as a police officer.

(12) In a case in which paragraph (11) applies, the officer shall be entitled to reckon a proportion of the number of added years specified in his notice of election under regulation 53(3)(a), determined in accordance with the formula set out in paragraph (13).

(13) The formula referred to in paragraph (12) is—

$AYxPMPE$

where—

58

(1) Subject to regulation 59, a pension credit member is entitled to a pension, of an amount calculated in accordance with paragraphs (3), (4), and (5) which becomes payable—

(a) when he attains normal benefit age; or

(b) if it is later, when the pension sharing order under which he is entitled to the pension credit takes effect.

(2) In this Part “normal benefit age” means the age of 65.

(3) A pension credit member’s pension shall be—

(a) an annual sum payable for life, and

(b) subject to paragraph (4), a lump-sum payment of an amount equal to that annual sum as at the time when the pension first becomes payable, multiplied by four.

(4) No lump sum shall be payable under paragraph (3)(b) if the pension credit is a disqualifying pension credit under paragraph 2(3) of Schedule 29 to the Finance Act 2004[^f00024].

(5) The total pension under paragraph (3) must be of such an amount that its actuarial value is equal to the member’s pension credit, as calculated from tables prepared by the Scheme actuary and in accordance with regulations made under paragraph 5(b) of Schedule 5 to the 1999 Order[^f00025].

59

(1) If a pension credit member is suffering from serious ill-health before he attains normal benefit age, the Board may commute the whole of the pension to which he is entitled under regulation 58 calculated in accordance with paragraph (2).

(2) The commutation shall be for a lump-sum of an amount equal to the annual rate of the pension to which the member would have been entitled under regulation 58 (3)(a) if he had attained normal benefit age on the date when the lump-sum is paid (as calculated in accordance with guidance prepared by the Scheme actuary), multiplied by five.

(3) Where a pension is commuted under paragraph (1), the payment of the lump-sum discharges the Board from all liability in respect of benefits payable to or in respect of the pension credit member.

(4) In this regulation, “serious ill-health” means ill-health giving rise to a life expectancy of less than one year from the date on which commutation is applied for.

60

(1) If a pension credit member dies before any pension credit benefits have become payable to him under these Regulations, a lump-sum death grant is to be paid calculated in accordance with paragraph (2).

(2) The grant shall be of an amount equal to the annual rate of the pension to which the member would have been entitled under regulation 58(3)(a) if he had attained normal benefit age on the date of his death (as calculated in accordance with guidance prepared by the Scheme actuary), multiplied by three.

(3) The lump-sum is payable—

(a) if the member is survived by a spouse or civil partner who is not ineligible under paragraph (4), to that spouse or civil partner; or

(b) if there is no person such as is mentioned in sub-paragraph (a), and if the Board in their discretion so decide, to the member’s personal representatives.

(4) A spouse or, as the case may be, civil partner is ineligible for the purposes of paragraph (3) if—

(a) the deceased and the spouse or civil partner in question were separated by an order or decree of a competent court at the time of the member’s death; 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 in question.

61

(1) The provisions specified in paragraph (2) apply to pension credit members and awards payable to or in respect of them, but apart from where provision is made by this Part or a contrary intention is otherwise indicated—

(a) these Regulations do not apply to pension credit members as such or to benefits payable to or in respect of them as such;

(b) the benefits payable to or in respect of pension credit members as such are not aggregated for any purpose with benefits payable to or in respect of those persons in any other capacity; and

(c) the benefits payable to or in respect of pension credit members deriving their pension credit benefits from one pension debit member are not aggregated for any purpose with benefits payable to or in respect of those persons as pension credit members deriving their pension credit benefits from any other pension debit member.

(2) Those provisions are regulation 63 and 64.

(3) In the application of regulation 63 by virtue of this regulation, the reference in regulation 63 to a person claiming an award in respect of a member of a particular description to whom that regulation applies includes a reference to a pension credit member whose pension credit is derived from the rights of a pension debit member of that description.

62

Subject to the following provisions of this Part, the question whether a person is entitled to any, and if so what, awards under these Regulations shall be determined in the first instance by the Board.

63

(1) Where a member of the police service, or a person claiming an award in respect of such a member, is aggrieved by—

(a) the refusal of the Board to admit a claim to receive as of right an award or a larger award than that granted;

(b) a decision of the Board as to whether a refusal to accept medical treatment is reasonable for the purposes of regulation 3;

(d) the forfeiture under regulation 52 by the Board of any award granted to or in respect of such a member,

he may, subject to regulation 64, give notice of appeal to the Board and the Secretary of State; and any such notice shall be in writing and shall specify the grounds of the appeal.

(2) The Secretary of State, on receiving such notice of appeal, shall appoint an appeal tribunal (“the tribunal”), which shall consist of three persons, including a barrister or solicitor of not less than seven years’ standing who shall be appointed chairman and a former member of the police service or of a police force in Great Britain who, before he ceased to serve as such or retired, held a rank not lower than that of superintendent.

(3) The time and place for the hearing, or any postponed or adjourned hearing, of the appeal shall be determined by the tribunal, which shall give reasonable notice of it to the Secretary of State who shall notify the appellant and the Board.

(4) The Board and the appellant (“the parties”) may be represented before the tribunal by counsel, by a solicitor or by other appropriate person, adduce evidence and cross-examine witnesses.

(5) The tribunal shall apply the rules of evidence applicable in a hearing of an appeal to a county court under article 28 of the County Courts (Northern Ireland) Order 1980[^f00026].

(6) Subject to the preceding provisions of this regulation, the tribunal shall determine its own procedure.

(7) The tribunal, after enquiring into the case and arriving at a decision thereon, may make such order in the matter as appears to it just, and—

(a) the order shall state the reasons for the decision; and

(b) each of the parties shall be entitled to a copy of any such order.

(8) An appeal shall lie on a point of law from any decision of a tribunal under this regulation to the High Court in accordance with rules of court.

64

(1) An appeal shall not lie under regulation 63 against anything done by the Board in the exercise of a power conferred by these Regulations which is expressly declared by these Regulations to be a power which they are to exercise in their discretion.

(2) Subject to regulation 69(2), in any proceedings under regulation 63 the court or tribunal shall be bound by any final decision of a medical authority within the meaning of regulation 69.

65

(1) For the purposes of a determination by the Board of a person’s eligibility to receive pension awards payable on the ground of permanent disablement in pursuance of regulation 6, the selected medical practitioner shall report to the Board his opinion on the likelihood and likely timing of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police service, and such a report shall, subject to an appeal under regulation 66, be final.

(2) A copy of any such report shall be supplied to the person who is the subject of that report (“the claimant”).

66

(1) A person in respect of whom it has been determined under regulation 6(3) that the risk presented by him 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 and who is dissatisfied with the opinion of the selected medical practitioner may appeal against the practitioner’s report if—

(a) within 28 days of receiving notice of the Board’s decision under regulation 6(3) he gives notice that he intends to make such an appeal; and

(b) within two months (or such longer period as may be agreed by the Board) of receiving notice of the Board’s decision he supplies evidence that a registered medical practitioner (“the appellant’s practitioner”) has examined him and disagrees with the selected medical practitioner’s opinion on the likelihood or likely timing (or both) of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police service.

(2) The Board shall ask the selected medical practitioner to reconsider his report in the light of that evidence and, if necessary, to produce a revised report on the likelihood and likely timing of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police service, and that revised report shall be final.

67

(1) Where the Board is considering for the purposes of these Regulations whether a person is permanently disabled, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions—

(a) whether the person concerned is disabled for the performance of the ordinary duties of a member of the police service;

(b) whether any such disablement as is mentioned in sub-paragraph (a) is likely to be permanent;

(c) whether the person concerned is also disabled for engaging in any regular employment otherwise than as a police officer; and

(d) whether any such disablement as is mentioned in sub-paragraph (c) is likely to be permanent.

(2) Where the Board is considering whether the disablement of a person such as is mentioned in regulation 18(3) or 48(1)(a)(i) has ceased, significantly worsened or significantly improved, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions—

(a) whether the person concerned continues to be disabled for the performance of the ordinary duties of a member of the police service; and, if so

(b) whether the person concerned is also disabled for engaging in any regular, employment; and

(3) Where the Board is considering whether the disablement of a person such as is mentioned in regulation 48(1)(a)(ii) has ceased, or significantly improved, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions—

(a) whether the person concerned continues to be disabled for engaging in any regular employment; and, if not;

(b) whether the person concerned continues to be disabled for the performance of the ordinary duties of a member of the police service.

(4) Where, in pursuance of a reference under paragraph (2) or (3), the selected medical practitioner decides that the question mentioned in paragraph (2)(a) or either of the questions referred to in paragraph (3)(a) and (b), as the case may be, is to be answered in the affirmative, no question as to the likelihood of such disablement continuing permanently is to be considered by him.

(5) Where the Board is considering the exercise of their powers under regulation 50, they shall refer for decision to a duly qualified medical practitioner selected by them the question whether the person concerned has brought about or substantially contributed to the disablement by his own default.

(6) The Board may decide to refer a question in paragraph (1), (2), (3) or (5), as the case may be, to more than one duly qualified medical practitioner instead of to a single duly qualified medical practitioner, and in such a case references in this regulation and regulations 68, 69(4) and 70(8) to a selected medical practitioner shall be construed as if they were references to more than one selected medical practitioner.

(7) The decision of the selected medical practitioner on the question or questions referred to him under this regulation shall be expressed in the form of a report and certificate and shall, subject to regulations 68 and 69, be final.

(8) A copy of any such report and certificate shall be supplied to the person who is the subject of that report.

68

(1) Where a person is dissatisfied with the decision of the selected medical practitioner (“SMP”), on the question or questions referred to him as set out in a report and certificate under regulation 67(7) he may, within 28 days after he has received a copy of the report and certificate, or such longer period as the Board may allow, and subject to and in accordance with the provisions of regulation 70, give notice to the Board that he appeals against that decision.

(2) In any case where within a further 28 days of that notice being received (or such longer period as the Board may allow) that person has supplied to the Board a statement of the grounds of his appeal, the Board shall, except in a case where the person concerned and the Board agree to a further reference to the SMP in accordance with regulation 69(1), notify the Secretary of State accordingly.

(3) The Board shall send to the Secretary of State two copies of the notice of appeal, and the report and certificate appealed against, with the name and address of the appellant and any other information required by the Secretary of State.

(4) The Secretary of State shall appoint the independent medical referee (“IMR”), which shall consist of one or more independent medical practitioners, and where more than one medical practitioner is appointed, the Secretary of State shall designate one of them as the principal independent medical referee (“PIMR”).

(5) The IMR shall report on the question or questions which is or are subject to appeal, except that where there is a PIMR designated only he shall so report, after taking into account the assessment of all other IMR’s appointed by the Secretary of State.

(6) The decision of the IMR shall, if he disagrees with any part of the report of the SMP, be expressed in the form of a report and certificate of his decision on any of the questions referred to the SMP on which he disagrees with the latter’s decision.

(7) The report of the IMR in pursuance of paragraph (4) shall, subject to the provisions of regulation 69, be provided to the Board and the appellant (“the parties to the appeal”).

(8) The Board shall determine the appeal after considering the report of the IMR, and that report shall supersede any other medical report.

69

(1) The Board and the person in respect of whom a medical authority has given a final decision (“the claimant”) may, by agreement, refer such decision to the said medical authority, for reconsideration of the decision and the medical authority shall accordingly reconsider the said decision and, if necessary, issue a fresh report and certificate, which, subject to—

(a) any further reconsideration under this paragraph or paragraph (2); or

(b) an appeal, where the claimant requests that the appeal of which he has given notice (before referral of the decision under this paragraph) be notified to the Secretary of State and referred to an IMR,

shall be final.

(2) A tribunal hearing an appeal under regulation 63 may, if they consider that the evidence before the medical authority who has given the final decision was inaccurate or inadequate, refer the said decision to the medical authority for reconsideration in the light of such facts as the tribunal may direct, and the medical authority shall accordingly reconsider the said decision and, if necessary, issue a fresh report which, subject to any further reconsideration under this paragraph, shall be final.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.