Regulation 3
SCHEDULE 2AMENDMENTS OF THE ROYAL ULSTER CONSTABULARY (PURCHASE OF INCREASED BENEFITS) REGULATIONS 1988
15. In regulation 7—
(a)for the words “regulations 4(3) and 5(3),” there are substituted the words “regulations 4(3), 5(3) and 7A”,
(b)after the words “in accordance with such an election” there are inserted the words “or the payment of a lump sum under regulation 5(5)”, and
(c)at the end there are inserted the words “or, as the case may be, the making of a reduced lump sum payment or no such payment”.
16. After regulation 7 there is inserted—
“Variation of elections
7A.—(1) Where a person has made an election under regulation 3 to pay additional contributions by periodical payments before the date on which the Police Service of Northern Ireland Pensions (Amendment) Regulations 2006 come into operation and is in part-time service on that date, the payments payable by him shall, subject to paragraph (2), increase from that date to such amount as is appropriate as a result of paragraph 2(3) of the Schedule.
(2) Such a person may vary the election by notice in writing to the Board given within the period of 3 months beginning with that date, and that variation shall take effect as from that date.
(3) Where—
(a)a person has made an election under regulation 3 to make payment by periodical contributions whilst in full-time service, and
(b)his service becomes part-time after the date on which the Police Service of Northern Ireland Pensions (Amendment) Regulations 2006 come into operation,
the contributions payable for the number of additional sixtieths to which the election relates shall, subject to paragraph (4), be such amount as is appropriate as a result of paragraph 2(3) of the Schedule.
(4) Such a person may vary the election by notice in writing to the Board given within the period of 3 months beginning with the date on which the service becomes part-time, and that variation shall take effect as from that date.
(5) Where a person makes such an election on or after the date on which the Police Service of Northern Ireland Pensions (Amendment) Regulations 2006 come into operation and he is in part-time service on that date, he shall notify the Board in writing that either—
(a)the payments payable by him are to be payable at the same percentage of his pay as if he were in full-time service; or
(b)those payments are to be payable in accordance with paragraph (7).
(6) Where a person varies his election under this regulation, the contributions payable by him by periodical payments shall, from the date that the Police Service of Northern Ireland Pensions (Amendment) Regulations 2006 come into operation, continue to be payable as they were before the variation, but the benefits which he is entitled to reckon shall be given by the formula—
where—
P is the benefits he would be entitled to reckon if periods of part-time service were reckonable as if they were periods of full-time service,
V is the amount of contributions paid by periodical payments, and
F is the amount of contributions that would have been paid by periodical payment had there been no election.
(7) Where a person makes a notification under paragraph (5)(b), the payments payable by him as a lump sum or by periodical payments shall be payable at the same percentage of his pay as if he were in full-time service, but the benefits which he is entitled to reckon shall be given by the formula set out in paragraph (6), save that references to contributions paid by periodical payments shall include references to contributions paid as a lump sum.”.
17. In regulation 8(1)(a) after the word “or” there are inserted the words “failed to pay the whole or part of a lump sum payment on those grounds under that regulation, or”.
18. In paragraph 1(2) of the Schedule (lump sum payments) after the definition of “his age” there is inserted—
““pensionable pay” in relation to any person who is not in full-time service throughout the appropriate period, means the amount that would be his pensionable pay if he were a full-time member, and.”
19. In paragraph 2 of the Schedule (payment of periodical contributions), after sub-paragraph (2) there is inserted—
“(3) In this paragraph “pensionable pay” in relation to a person’s period of service which is not wholly full-time service, means the amount that would be the person’s pensionable pay if he were a full-time member.”.
20. After paragraph 3 of the Schedule there is inserted—
“Inland Revenue limits on contributions
4.—(1) The amounts of the payments to be made in accordance with paragraphs 2 and 3(1)(b) of this Schedule in any tax year must not, when aggregated with any other contributions payable by the member under the principal regulations or the Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993(1), exceed the amount in respect of which the member is allowed a deduction for that year under section 594(1) of the Income and Corporation Taxes Act 1988(2) (tax relief for contributions to exempt statutory schemes).
(2) The amounts of the payments to be made in accordance with paragraphs 1, 2 and 3 in any calendar month must not, when so aggregated, exceed one twelfth of the amount in respect of which the member is allowed a deduction for the tax year in which the month falls under section 594(1) of the Income and Corporation Taxes Act 1988 (by virtue of which contributions payable by a Class A member in a tax year must not exceed the permitted maximum for the year).
(3) Where a lump sum payment is reduced by virtue of this paragraph the member’s number of additional sixtieths is reduced in accordance with the following formula—
where—
A is the member’s number of additional sixtieths,
B is the amount of the reduced payment, and
C is the amount that the payment would be if the reduction under this paragraph were not made.
(4) For each periodical contribution payment that is reduced by virtue of this paragraph the member’s number of additional sixtieths is reduced in accordance with the following formula—
where—
A is the member’s number of additional sixtieths,
B is the period to which the periodical contribution relates (expressed as a fraction of a year),
C is the amount of the reduced periodical contribution,
D is the period over which the periodical contributions are payable (expressed as a fraction of a year), and
E is the amount that the periodical contribution would be if the reduction under this paragraph were not made.
(5) In this paragraph “tax year” means a year of assessment.”.