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The Police Pension (Northern Ireland) Regulations 2007

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Reckoning of pensionable service

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8.—(1) The pensionable service reckonable by a police officer at any date (in these Regulations referred to as the “relevant date”) shall be determined in accordance with the succeeding provisions of these Regulations, subject to paragraphs (2) to (7).

(2) Unpaid maternity leave or unpaid parental leave is not reckonable except in the circumstances described in paragraph (3), or if the conditions specified in paragraph (4) are satisfied.

(3) A period of unpaid maternity leave is reckonable—

(a)in respect of such leave taken within the first 39 weeks of any period of maternity leave, unless;

(b)the officer had an election under regulation 7 that was effective immediately before the commencement of that period of unpaid maternity leave.

(4) The conditions are that the person concerned—

(a)was serving as a police officer during the period immediately preceding a period of maternity leave or parental leave, which includes the period of unpaid maternity leave, or unpaid parental leave in question;

(b)had not made an election under regulation 7 that was effective immediately before the commencement of that period of unpaid leave; and

(c)in accordance with the provisions of paragraph (8) pays to the Board a sum equal to the sum of the pension contributions which would have been payable for the period of unpaid maternity leave, or unpaid parental leave in question if his notional pensionable pay during that period had been at the same rate as his pensionable pay (including any statutory maternity pay payable to a woman under the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) immediately before the commencement of the period of unpaid maternity leave or unpaid parental leave which constituted or included the period in question.

(5) Unpaid sick leave is not reckonable unless the conditions specified in paragraph (6) are satisfied.

(6) The conditions are that—

(a)the person concerned—

(i)was serving as a police officer during the period immediately preceding the period of sick leave which includes the period of sick leave in question;

(ii)had not made an election under regulation 7 that was effective immediately before the commencement of that period of unpaid leave; and

(iii)in accordance with the provisions of paragraph (8) pays to the Board a sum equal to the sum of the pension contributions which would have been payable for the period of sick leave in question if his notional pensionable pay during that period had been at the same rate as his pensionable pay immediately before the commencement of the period of sick leave which constituted or included the period in question; and

(b)the period of unpaid sick leave in question—

(i)does not exceed six months (whether or not as part of a longer period of sick leave); and

(ii)when aggregated with any other period or periods of unpaid sick leave which fulfils, or all of which fulfil, the conditions specified in sub-paragraph (a), that aggregated period does not exceed twelve months, when calculated over the person’s total service as a police officer.

(7) No period of unpaid leave is reckonable other than as provided in this regulation.

(8) A person who wishes to make the payment referred to in paragraphs (4)(c) and 6(a)(iii) shall—

(a)within a period ending—

(i)three months after the day on which the period of leave which constitutes or includes the period of unpaid leave in question ended, or

(ii)on the day, if earlier, on which he last serves as a police officer inform the Board of that fact in writing; and

(b)specify which period of leave, and which method of payment under paragraph (12) he elects to use.

(9) Where a person who wishes to make the payment referred to in paragraphs (4)(c) and 6(a)(iii) dies before the end of the period specified in sub-paragraph (8)(a) without having given such notice—

(a)the condition shall be deemed to have been satisfied in respect of any period of leave which would otherwise be reckonable by him under this regulation; and

(b)he shall be deemed to have elected to make payment by way of instalments under paragraph (12).

(10) On receipt of the notice referred to in paragraph (8) the Board shall calculate the amount due under paragraph (4)(c) or 6(a)(iii) (as the case may be) and give written notice of that amount to the person concerned.

(a)Payment of the amount notified by the Board under paragraph (10) may be made by the person concerned either—

(i)by way of a lump-sum or;

(ii)by instalments on the same dates as pension contributions are payable by him under regulation 5.

(b)Where the person concerned has elected to make payment by way of instalments, the balance due after the payment of any of those instalments may be paid by way of a lump-sum equal to that balance at any time before the due date (as defined in regulation 12(a)(iii)).

(a)The total amount due under paragraph (4)(c) or (6)(a)(iii) shall be paid—

(i)no later than six months after the person concerned is notified by the Board as to the amount payable, or

(ii)if he retires or otherwise ceases to serve as a police officer before the expiry of that period, before the date on which he retires or so ceases to serve, (“the due date”).

(b)In a case where the person concerned retires or otherwise ceases to serve as a police officer before the total amount due has been paid under this paragraph, any lump-sum payment made within two months—

(iii)of retiring or so ceasing to serve, or

(iv)of receiving notification from the Board as to the amount payable,

whichever is the later, shall be deemed to have been made by the due date.

(13) (a) Where the person concerned has not paid the full amount due in accordance with the provisions of paragraphs (11) and (12), the proportion of the unpaid leave in question which shall be reckonable as pensionable service shall be the same proportion as the amount which has been so paid bears to the total amount due.

(b)Where the person concerned dies before the due date there shall be reckonable the full period of unpaid leave in question notwithstanding that the amount due has, in full or in part, not been paid in accordance with the provisions of paragraphs (11) and (12).

(14) A police officer shall be treated, for the purposes of calculating any award under these Regulations, as having made pension contributions throughout any period or periods of unpaid leave reckonable as pensionable service by virtue of payments made in accordance with this paragraph; and any such period or periods shall be treated for those purposes as part of a continuous period ending with the last day of unpaid leave during the period of service as a police officer of the person concerned.

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