THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

Regulation 92

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

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

2.  For regulation 3 substitute the following—

“3.— (1) For the purposes of calculating an award to or in respect of a member of the police service his pensionable pay shall be calculated—

(a) in a case where his pension contributions were payable under regulation G2 of the 1988 Regulations, in the same way as if the award were one payable under the 1988 Regulations, in accordance with regulation G1(1) and (1A) of those Regulations;

(b) in a case where his pension contributions were payable under regulation 5 of the 2009 Regulations, in the same way as if the award were one payable under the 2009 Regulations, in accordance with regulation 20 of those Regulations.

(2) For the purposes of calculating an award to or in respect of a member of a police force his average pensionable pay shall be calculated—

(a) in a case such as is mentioned in paragraph (1)(a), in the same way as if it were an award payable under the 1988 Regulations, in accordance with regulation G1(2) to (7) of those Regulations, and as if—

(i) the relevant date for the purposes of that regulation were the date of his last day of service as a police officer, and

(ii) the provisions specified in paragraph 4(4) of Part VI of Schedule J (part-time service) to the 1988 Regulations included the following provisions of these Regulations, that is to say regulations 12(2) and (3) (amount of adult survivor’s special award), 13(2)(a) (amount of adult survivor’s augmented award) and 16(3), (4), (5) and (6) (amount of child’s special allowance), and paragraphs 1, 2 and 4 of Schedule 5 (adult dependent relative’s special pension);

(b) in a case such as is mentioned in paragraph (1)(b), in the same way as if it were an award payable under the 2009 Regulations, in accordance with regulation 22 of those Regulations, and as if—

(i) the period of twelve months mentioned in regulation 22(1) of those Regulations were the period of twelve months ending with the date of his last day of service as a police officer and

(ii) the provisions specified in regulation 22(4) of the 2009 Regulations (average pensionable pay) included the provisions of these Regulations mentioned in sub-paragraph (a)(ii).

(3) For the purposes of an award calculated in accordance with paragraphs (1) and (2) references in such provisions of the 1988 Regulations or, as the case may be, of the 2009 Regulations as are mentioned in those paragraphs to a person’s pensionable service shall in the case of a police officer who has made an election under regulation G4(1) of the 1988 Regulations or, as the case may be, regulation 7(1) of the 2009 Regulations include references to the pensionable service which would have been reckonable by him if he had not made such an election.

(4) For the purposes of calculating an award to or in respect of a police officer his aggregate pension contributions shall be calculated—

(a) in a case where his pension contributions were payable under regulation G2 of the 1988 Regulations, in the same way as if it were an award payable under the 1988 Regulations, in accordance with regulation A9 of those Regulations;

(b) in a case where his pension contributions were payable under regulation 5 of the 2009 Regulations, in the same way as if it were an award payable under the 2009 Regulations, in accordance with regulation 23 of those Regulations.”

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

“(3) For the purposes of paragraph (2)(b) the amount of aggregate pension contributions in respect of the relevant period of service shall be calculated—

(a) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation G2(1) of the 1988 Regulations or would have been so payable but for an election under regulation G4(1) of the 1988 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation A9 of those Regulations;

(b) in the case of a person by whom, immediately before his last day of service as a member of a police force, pension contributions were payable under regulation 5 of the 2009 Regulations or would have been so payable but for an election under regulation 7 of the 2009 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation 23 of those Regulations.”

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

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

6.  In regulation 21—

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

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

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

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

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

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

8.  In regulation 25—

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

(b) in paragraph (2)—

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

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

9.  In regulation 26—

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

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

10.  In regulation 27—

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

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

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

11.  In regulation 29(2)—

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

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

12.  In regulation 35—

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

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

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

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

“(4A) The Board may, to such extent as they at any time in their discretion think fit—

(a) apply for the benefit of any adult or child survivor of the grantee of the pension; or

(b) restore to the grantee of the pension,

any amount or amounts of any pension that has or have been forfeited under this regulation.”

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

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

15.  In Schedule 3—

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

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

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

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