Draft Order laid before Assembly under section 24 of the Public Service Pensions Act (Northern Ireland) 2014, for approval by resolution of the Assembly.
2016 No. 0000
The Police Pensions (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016
Made
Coming into operation
The Department of Justice makes the following Regulations in exercise of the powers conferred by sections 1(1) and (2)(g), 2(1) and 3(1), (2), (3)(a) and (4) of the Public Service Pensions Act (Northern Ireland) 20141.
In accordance with section 21 of that Act, the Department has consulted the representatives of such persons as appear to it likely to be affected by these Regulations.
In accordance with section 3(5) of that Act, the Department of Finance and Personnel has consented to the making of these Regulations.
Pursuant to section 24(1) and (3) of that Act, a draft of this instrument has been laid before and approved by a resolution of the Assembly.
Citation, commencement and expiry1
1
These Regulations may be cited as the Police Pensions (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016.
Interpretation2
In these Regulations—
“the 2014 Act” means the Public Service Pensions Act (Northern Ireland) 2014;
“the new scheme” means the pension scheme established by regulations made under section 1(1) and (2)(g) of the 2014 Act; and
“the old scheme” means the pension schemes established by—
regulations made under sections 25(2)(k) and 26(2)(g) of the Police (Northern Ireland) Act 19986.
Modification of contracting-out provisions3
After regulation 9 of the Police Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 insert—
Protection of increases in guaranteed minimum pensions after abolition of contracting-out9A
1
Chapter 3 of Part 4 of the 1993 Act (protection for early leavers: protection of increases in guaranteed minimum pensions (“anti-franking”)) is modified as follows.
2
In the application of that Chapter to P as a member of the old scheme—
a
in section 83(1)(a)(i) (general protection principle), the reference to the time when P ceases to be in pensionable service under a scheme that was, before the second abolition date, a salary-related contracted-out scheme is to be taken as a reference to the time when P ceases to be in pensionable service in relation to the new scheme; and
b
subsequent references to “the cessation date” are to be construed accordingly.
Sealed with the Official Seal of the Department of Justice on xx xxxx 2016.
The Department of Finance and Personnel has consented to these Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on xx xxxx 2016.
(This note is not part of the Regulations)