Chwilio Deddfwriaeth

Chwiliad Uwch

THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

Help about what version

Pa Fersiwn

Help about advanced features

Nodweddion Uwch

Changes over time for: SCHEDULE 5

Help about opening options

Alternative versions:

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 5:

Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:

Whole provisions yet to be inserted into this Rule (including any effects on those provisions):

Prospective

Regulation 92

SCHEDULE 5N.I.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.N.I.

Commencement Information

I1Sch. 5 para. 1 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

2.  For regulation 3 substitute the following—N.I.

“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.”

Commencement Information

I2Sch. 5 para. 2 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

3.  For regulation 11(3) substitute the following—N.I.

“(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.”

Commencement Information

I3Sch. 5 para. 3 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

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

Commencement Information

I4Sch. 5 para. 4 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

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”.N.I.

Commencement Information

I5Sch. 5 para. 5 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

6.  In regulation 21—N.I.

(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”.

Commencement Information

I6Sch. 5 para. 6 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

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

Commencement Information

I7Sch. 5 para. 7 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

8.  In regulation 25—N.I.

(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)”.

Commencement Information

I8Sch. 5 para. 8 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

9.  In regulation 26—N.I.

(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”.

Commencement Information

I9Sch. 5 para. 9 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

10.  In regulation 27—N.I.

(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”.

Commencement Information

I10Sch. 5 para. 10 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

11.  In regulation 29(2)—N.I.

(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”.

Commencement Information

I11Sch. 5 para. 11 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

12.  In regulation 35—N.I.

(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”;

(c)in paragraph (4) after “the 1988 Regulations ” insert “or regulation 48(11)(d) of the 2009 Regulations”.

Commencement Information

I12Sch. 5 para. 12 in operation at 6.4.2009 with effect in accordance with reg. 1 (2)

13.  In regulation 38 after paragraph (4) insert the following paragraph—N.I.

“(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.”

Commencement Information

I13Sch. 5 para. 13 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

14.  In Schedule 1, at the appropriate place insert—N.I.

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

Commencement Information

I14Sch. 5 para. 14 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

15.  In Schedule 3—N.I.

(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”.

Commencement Information

I15Sch. 5 para. 15 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill