21. For the purpose of this Part in relation to the existing police pension scheme, means—
(a)an ill-health award under regulation B3 of the 1988 Regulations M1 (member's ill-health award); or
(b)a standard ill-health pension under regulation 27 of the 2009 Regulations M2 (calculation of standard ill-health pension).
22.—(1) This paragraph applies for the purpose for this Part.
(2) For a 2006 transition member, “the normal pension age under the existing police pension scheme” means the normal pension age under the 2006 scheme.
(3) for a 1988 transition member, “the normal pension age under the existing police pension scheme” means for a member of the police service ,the voluntary retirement age determined under Regulation A4(2) of the 1988 Regulations.
23.—(1) This paragraph applies in relation to a transition member with continuity of service who—
(a)becomes entitled under Chapter 3 of Part 7 to a payment for life of an ill-health pension under this scheme; and
(b)has not reached normal pension age under the existing police pension scheme.
(2) If this paragraph applies—
(a)an ill-health pension is not payable under the existing police pension scheme.
(b)if the member is a 2006 transition member, a lump sum is not payable under regulation 25(1) (b) of [F1the 2009 Regulations] ; and
(c)a pension is payable in accordance with this paragraph (“transition members ill-health pension”).
(3) If the member meets the lower tier threshold only—
(a)the annual rate of transition member's ill-health pension is the sum of—
(i)the annual rate of a lower tier ill-health pension payable under Chapter 3 of Part 7; and
(ii)the amount of pension mentioned in sub-paragraph (5);and
(b)if the member is a 2006 transition member, the member is entitled to payment of a lump sum equivalent to the amount of lump sum that would have been payable to the member under regulation 25(1)(b) of the 2009 Regulations if the member had been entitled to the payment of an ill-health pension under the 2006 scheme.
(4) If the member meets the upper tier threshold—
(a)the annual rate of transition member's ill-health pension is the sum of—
(i)the annual rate of a lower tier ill-health pension payable under Chapter 3 of Part 7;
(ii)the annual rate of an enhanced upper tier ill-health pension payable under this scheme; and
(iii)the amount of pension mentioned in sub-paragraph (5);and
(b)if the member is a 2006 transition member, the member is entitled to payment of a lump sum equivalent to the amount of lump sum that would have been payable to the member under regulation 25(1)(b) of the 2009 Regulations if the member had been entitled to the payment of an ill-health pension under the 2006 scheme.
(5) The amount is—
(a)for a 2006 transition member, the annual rate of ill-health pension that would have been payable under the 2006 scheme, if the member was entitled to payment of an ill-health pension under that scheme; or
(b)for a 1988 transition member, the better of the following—
(i)the annual rate of ill-health pension that would have been payable under the 1988 scheme on the member's closing date has P retired on that date;
(ii)a pension that would have been payable on retirement under regulation B1, B2 or B5 of the 1988 scheme, calculated in accordance with paragraph 45 of this Schedule (weighted accrual).
(6) If, after a transition member's ill-health pension becomes payable, a transfer payment is made from the existing police pension scheme in respect of the member's rights under that scheme, the scheme manager must deduct from the amount of pension mentioned in sub-paragraph (5) an amount equal to the value of the pension represented by that transfer payment.
(7) A retirement added pension of any description is payable with the lower tier ill-health pension if the retirement account specifies an amount of retirement added pension of that description.
(8) The proportion of a transition members ill-health pension payable that represents the amount of pension mentioned in sub-paragraph (5) is subject to the same conditions, and ceases to be payable in the same circumstances, as if it were an ill-health pension payable under the existing police pension scheme..
(9) For the purpose of sub-paragraph (8)—
(a)the member's pensionable service since the closing date is taken to be pensionable service under the existing police pension scheme; and
(b)any member contributions paid under this scheme are taken to be paid under the existing police pension scheme.
Textual Amendments
F1Words in Sch. 4 para. 23(2)(b) substituted (30.3.2022) by The Police Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/148), regs. 1(2), 6(5)
24.—(1) This paragraph applies in relation to a transition member with continuity of service who is receiving payment of a transition member's ill-health pension under paragraph 22 (transition member who has not reached normal pension age under the existing pension scheme).
(2) When the member reaches normal pension age under the existing police pension scheme—
(a)the proportion of the transition member's ill-health pension that represents the amount of pension mentioned in paragraph 22(5)ceases to be payable under this scheme; and
(b)a pension becomes payable under the existing police pension scheme in accordance with sub-paragraph (3);and
(c)if the member is a 2006 transition member, a lump sum is not payable under regulation 25(1)(b) of the 2009 Regulations.
(3) A pension is payable under the existing police pension scheme as follows—
(a)for a 2006 transition member, a pension is payable under regulation 25(1)(a) of the 2009 Regulations; and
(b)for a 1988 transition member, an ill-health pension is payable under the 1988 scheme.
(4) For the purpose of sub-paragraph (3), in calculating the annual rate of pension payable under the existing police pension scheme the following are subtracted from the amount of pension calculated under that scheme —
(a)the proportion of the commutation amount (if any) that related to the amount of pension mentioned in paragraph 22(5);and
(b)an amount equal to any transfer payment made to another scheme before the member reached normal pension age under the existing police pension scheme.
(5) Before the amount in sub-paragraph (4)(a) is subtracted, it must be increased by the amount by which the annual rate of a pension of that amount would have been increased under the 1971 Act M3 if—
(a)that pension was eligible to be so increased; and
(b)the beginning date for that pension was the date the transitional member's ill-health pension became payable.
Marginal Citations
M3S.I.1971/1073 (N.I.10.)