The Police Service of Northern Ireland Reserve (Full-time) Severance Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations create a Severance Scheme for the Police Service of Northern Ireland Reserve (Full-time) (“the reserve service”). The Scheme is open to all members of the reserve service who were employed on 31st March 2005. The Scheme has been operated on an administrative basis pending the making of these Regulations. These regulations provide that the Scheme shall be treated as having been had effect from 1st April 2005. This is possible because Articles 14 and 15 of the Superannuation (Northern Ireland) Order 1972(1) provide for regulations to have effect before they are made.

All members of the reserve service are eligible to join the Scheme unless they are dismissed for disciplinary reasons or required to resign. The Chief Constable determines who may enter the Scheme and at what date; regulation 4 gives him discretion to exclude members who are suspended or under investigation for a serious criminal or disciplinary matter.

The Scheme offers enhanced terms to those in the Royal Ulster Constabulary Reserve (Full-time) Pensions Regulations 1994(2). Those Regulations apply, with modifications, the Royal Ulster Constabulary Pensions Regulations 1988(3)(“the 1988 Regulations”) to members of the reserve service.

Regulation 3 provides that the Scheme will operate until the Secretary of State determines it should be terminated. A determination can only be made after consultation, and with the consent of the Treasury.

Regulation 5 provides that the normal pension regulations for the reserve service apply, subject to the modifications in these Regulations.

Regulation 6 sets out the discretionary benefits under the Scheme. Members of the Scheme can receive a severance lump sum, pensionable service enhancement, payments in lieu of pensions, and actuarially reduced pensions. Those benefits are subject to the provisions in Parts 3, 4 and 5 of the Regulations. The Schedule will be used to calculate members' benefits under the Scheme. Regulation 6(3) also provides for an additional severance lump sum worth 2 months' of pay.

Regulation 7 provides that where a member of the Scheme joins the Police Service of Northern Ireland as a police officer within 3 years, they will be required to repay the severance lump sum payment received under regulation 6(1), minus the proportion attributable to the period from the date of leaving to the date of rejoining. A similar repayment is required where a member has received a conversion lump sum and joins the Police Service of Northern Ireland during the period that they would have been receiving retraining had they completed the full 9 months offered.

The repayment of the severance lump sum is subject to a limit so as to leave the member with no less than he or she would have received under statutory redundancy pay.

Regulation 8 provides a cap to ensure that a member shall not gain more in financial terms by accepting the benefits under the Scheme than he or she would have earned in basic pay and allowances up to compulsory retirement age or the expiry of the period of extension after that age.

Regulation 11 provides for payment in lieu of pension to members who would have been eligible for short service awards under the Pensions Regulations had they not left under the severance Scheme. The payment will be equivalent to that which members would have received as a short service award.

Regulations 12 and 13 set out the circumstances in which injury on duty benefits or ill-health pension benefits may be reduced to take account of the severance lump sum awarded under these Regulations.

Regulation 14 provides for members to elect to receive actuarially reduced pensions. Such pensions can be paid either from the age of 50 or 55; when it will be paid depends on the age of the member at 6th April 2010.

Regulation 15 provides for a period of 9 months' re-training to be offered to all members of the Scheme before they leave the reserve service. They will be entitled to their usual pay and allowances during this period. A member who chooses to leave before the 9 months is complete will receive a conversion lump sum equivalent to the basic pay the member would have received during retraining to maximum of 6 months' worth of pay. Any member who undertakes less than 3 months' training will need to obtain the approval of a review panel to obtain the conversion lump sum. This will be granted if the member provides good reason for early termination, such as an offer of alternative employment.

(1)

S.I. 1972 No. 1073 (N.I. 10)

(2)

S.R. 1994 No. 197

(3)

S.R. 1988 No. 374