1. These regulations may be cited as the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve (Full-Time) (Severance) Regulations 2003 and shall come into operation on 10th March 2003 but shall have effect from 1st January 2001.
2. In these regulations the following expressions have the meanings hereby assigned to them: –
“annual pensionable pay” means the pensionable pay of the member at the annual rate to which he is entitled on his date of leaving the Force;
“appropriate factor” has the meaning assigned to it in Schedule 1 paragraph 1 of the Royal Ulster Constabulary Regulations 1996(1);
“Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;
“Compulsory retirement age” means the age at which the member would be required to leave the Force by reason of age as defined by Regulation A16 of the Royal Ulster Constabulary Pensions Regulations 1988 or expiry of a Fixed Term Agreement.
“date of leaving” means the actual date the member leaves the Force under the terms of the scheme;
“Fixed Term Agreement” means the appointment of members for a fixed period that is determined at the commencement of the appointment;
“immediate pension” means entitlement to pension on the member’s date of leaving the Force;
“the Force” means the Police Service of Northern Ireland (including Auxiliary Constables) or the Police Service of Northern Ireland Reserve (Full-Time), or both, as the case may be;
“member” means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve (Full-Time);
“the Pensions Regulations” means the Royal Ulster Constabulary Pensions Regulations 1988(2) and the Royal Ulster Constabulary Reserve (Full-Time) Pensions Regulations 1994(3);
“part-time member” means a member who is serving under the terms and conditions set out in Schedule 1 of the Royal Ulster Constabulary Regulations 1996(4) or Schedule 12 of the Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) Regulations 1996(5);
“payment in lieu of pension” means a discretionary award to an eligible member (as defined under Regulation 5) until the member is entitled to a pension under the Pensions Regulations.
“pension age” means the age at which a member would be entitled to receive immediate payment of pension entitlements under the Pension Regulations;
“pensionable service enhancement” means the period of time by which the actual pensionable service at any time is increased under these regulations;
“period of extension” means the time remaining until the expiry of a member’s approved period of extended service;
“Police Association” has the meaning assigned thereto by Regulation 3(1) of the Police Association for Northern Ireland Regulations 1991(6);
“standing allowances” means compensatory grants and replacement allowances as defined in Regulation 60A of and Schedule 13 to the Royal Ulster Constabulary Regulations 1996(7), and the Police Service of Northern Ireland Allowance and the Inspector’s Allowance;
“the scheme” means the voluntary early retirement/severance scheme for members to which these regulations give effect;
“time period” means the lump sum factor specified in the tables in Part II of the Schedule expressed in years and fractions of years measured from the date of payment of benefits under Regulation 7(a);
“unexpired amount of the lump sum” means the time period covered by the benefits paid under Regulation 7(a) that has not elapsed at the time the calculation under Regulation 11(2) is made.
3. The provisions of the scheme will operate until the year 2010 or for a period as determined by the Secretary of State. The Secretary of State shall not make such a determination without:
(a)the consent of the Treasury; and
(b)consultation with the Chief Constable and the Northern Ireland Policing Board; and
(c)consultation with the Police Association.
4. The Pensions Regulations shall apply subject to the modifications in regulations 7 to 13.