The Police Service of Northern Ireland Pensions (Amendment) Regulations 2006

Ill-health pensions

10.—(1) Part III of Schedule B (member’s ill-health pension) is amended as follows.

(2) In paragraph 1 for the words “shall be determined” onwards there are substituted the words—

“shall be determined—

(a) in the case of a member all of whose service by virtue of which his pensionable service is reckonable was full-time, in accordance with paragraph 2, 3, or 4, as the case may require, and

(b) in the case of a member some or all of whose service by virtue of which his pensionable service is reckonable was part-time—

(i) in a case where, if the part-time service had been full-time service, his pensionable service would not exceed 30 years, in accordance with the formula given in paragraph 4A, and

(ii) in a case where, if the part-time service had been full-time service, his pensionable service would exceed 30 years, in accordance with the formula given in paragraph 4B,

but in either case subject to paragraphs 6 and 7.”.

(3) After paragraph 4 there is inserted—

“4A.   The formula referred to in paragraph 1(b)(i) is—

where—

N is the amount that the annual pension would be in accordance with this Part if all the member’s service by virtue of which his pensionable service is reckonable were full-time service,

R is the period in years of his pensionable service, and

Q is the period that would be the period in years of his pensionable service if periods of part-time service were reckonable as if they were periods of full-time service.

4B.   The formula referred to in paragraph 1(b)(ii) is—

where—

N is two thirds of the member’s average pensionable pay, and

R is the period in years of his pensionable service.”.

(4) The provisions of paragraph 5 are to become sub-paragraph (1) of that paragraph and after the words “paragraph 3 or 4” there are inserted the words “or the formula in paragraph 4A or 4B”.

(5) After that sub-paragraph there is inserted—

“(2) For the purposes of sub-paragraph (1) the amount of the pension to which the member would have become entitled is given by the formula—

where—

RP is the amount of the pension to which the member would have become entitled if he had continued to serve until he could be required to retire on account of age and all his service were full-time service, and R and Q are the same as in paragraph 4A.”.

(6) After paragraph 5 there is inserted—

“6.   If in a case where any of the member’s service by virtue of which his pensionable service is reckonable was part-time service, the amount of the pension calculated in accordance with paragraphs 1 to 5 would be less than it would have been if the person had become entitled to receive the pension at an earlier date, then, subject to Parts VII and VIII, the pension shall be of that amount instead.

7.   In a case where—

(a) any of a member or former member’s service by virtue of which his pensionable service is reckonable was part-time service before the date on which the Police Service of Northern Ireland Pensions (Amendment) Regulations 2006 come into operation, and

(b) the amount of his pension calculated in accordance with this Part would be less than it would have been if those Regulations had not been made.

then the pension shall be of that amount instead.”.