THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

Pensionable service

Reckoning of pensionable service

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 referred to in paragraph (5) 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,

(iii) 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.

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

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

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

and 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 paragraph (12)(a) and (b)).

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

(a) no later than six months after the person concerned is notified by the Board as to the amount payable;

(b) 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”); or

(c) 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—

(i) of retiring or so ceasing to serve; or

(ii) 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) Where the person concerned—

(a) 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; or

(b) 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.

Previous service reckonable without payment

9.—(1) Subject to paragraph (2), there shall be reckonable by a police officer as pensionable service—

(a) where he previously retired from the police service upon becoming entitled to a pension on the ground of disablement under regulation 18 and, following termination of that pension under regulation 48(5), (6), or (7), has rejoined the service, any period of pensionable service which was reckonable by him immediately before he so retired;

(b) where he previously ceased to serve as a police officer with an entitlement to a deferred pension which has not come into payment and has subsequently rejoined the service, any period of pensionable service reckonable by him immediately before he so ceased to serve;

(c) where he previously ceased to serve as a police officer with an entitlement to a deferred pension which, in accordance with regulation 29, came into payment early on the ground of permanent disablement for engaging in any regular employment and his pension has been terminated upon his rejoining the service under regulation 48(5), any period of pensionable service reckonable by him immediately before he so ceased to serve.

(2) Where a police officer to whom paragraph (1) applies was, during the period of pensionable service in question, purchasing added years by periodical contributions, those added years shall be taken into account only to the extent that—

(i) in a case falling within paragraph 1(a), they are reckonable by virtue of regulation 57(5), and

(ii) in a case falling within paragraph 1(b) they were taken into account for the purposes of entitlement to the deferred pension mentioned in sub-paragraph (b).

(3) In a case falling within paragraph (1)(b), the entitlement of the officer concerned to the said deferred pension shall accordingly be relinquished.

(4) This regulation has effect subject to regulation 11.

Previous service reckonable on payment

10.—(1) There shall be reckonable by a police officer as pensionable service, in the circumstances specified in this regulation, any period so specified before he last joined or rejoined the police service before the relevant date, subject to his having made to the Board the appropriate payment in accordance with the provisions of paragraph (3).

(2) In calculating the payment due under paragraph (1) where the police officer has previously ceased to serve as such without the payment of a pension or a transfer value (and without entitlement to a deferred pension) and has rejoined the police service on the relevant date—

(a) the period mentioned in paragraph (1) shall be any period of pensionable service reckonable by him at the time he so ceased to serve;

(b) the appropriate payment mentioned in paragraph (1) shall be a sum equal to any award by way of repayment of aggregate pension contributions which he may have received on so ceasing to serve; and

(c) where the appropriate payment is made more than a year after receipt of any such award, interest from the date of receipt of the award shall be calculated at the rate of 5 per cent per year, compounded with yearly rests.

(3) The person concerned shall, by notice in writing given to the Board within a period ending—

(a) six months (or such longer period as the Board in their discretion may allow) after the date on which he joined or rejoined the police service; or

(b) on the day, if earlier, on which he last serves as a police officer,

inform the Board that he wishes to make the payment referred to in paragraph (1); but where the person concerned dies before the end of the period specified without having given such notice, he shall be deemed to have given such notice.

(4) On receipt of a notice under paragraph (3) the Board shall determine the amount due under paragraph (2) and give written notice of that amount to the person concerned.

(5) Where a police officer undertakes to make an appropriate payment in accordance with paragraph (1), payment shall be made by regular instalments of such amount that the payment of the sum will be completed within a period of two years beginning with the date on which he receives the written notice referred to in paragraph (4), save that—

(a) where the Board is satisfied that completion of the payment within that period is causing, or is likely to cause, financial hardship they may allow such longer period as they may determine; and

(b) the police officer may at any time discharge his liability under the undertaking, in whole or in part, by paying the whole or part of the balance of the sum then outstanding.

(6) Subject to paragraphs (7) and (8), any payment under this regulation shall be made by the police officer to the Board and, without prejudice to any other method of payment, the liability to make any such payment may be discharged by way of a deduction by the Board from his pay.

(7) If, before he has discharged his liability under the undertaking, a police officer retires under regulation 18 or dies, all further liability under that undertaking shall cease and his liability shall be deemed to have been fully discharged.

(8) If, before he has discharged his liability under the undertaking, a police officer retires otherwise than under regulation 18 with an award other than one of the amount of his aggregate pension contributions in respect of the relevant period of service, the Board shall be empowered to deduct the balance of the sum then outstanding from payments on account of the award.

(9) This regulation has effect subject to regulation 11.

Reckoning of part-time service

11.—(1) In the case of a police officer who has spent one or more periods in part-time service, the number of days of pensionable service in any such period shall be calculated by the application of the following fraction—

Where—

• A is the total number of determined hours of part-time service specified under the part-time appointment of the officer in the period in question; and

• B is the number of hours per week if the service during that period were on a full-time basis.

(2) For the purposes of paragraph (1) a period of part-time service is to be taken to have ended and another such period to have begun on the occurrence of any change in that fraction.

Service reckonable by reason of transfer value

12.—(1) This regulation applies to a police officer—

(a) who before he last became a police officer before the relevant date was subject to pension arrangements in pursuance of which a transfer value may be paid to the Board (“former pension arrangements”), and

(b) in respect of whom a transfer value has, in pursuance of his former pension arrangements, been paid to the Board.

(2) Subject to paragraph (3), there shall be reckonable by a police officer in respect of his former service a period of pensionable service calculated in accordance with tables and guidance issued by the Scheme actuary.

(3) If the transfer value referred to in paragraph (1) is paid and accepted under the public sector transfer arrangements, the period of pensionable service the officer concerned is entitled to reckon in respect of his former pension arrangements shall be calculated in accordance with the rules applicable to those public sector transfer arrangements.

(4) The provisions of this regulation shall not apply where the police officer concerned had a guaranteed minimum in relation to the pension provided by the former pension arrangements unless—

(a) the transfer value mentioned in paragraph (1)(b) is paid under the public sector transfer arrangements, or

(b) were the transfer value mentioned in paragraph (1)(b) to be paid, such part of it as relates to pension benefit accrual before 6th April 1997 is at least as great as the product of —

(A) the annual amount of the pension to which he would, if that transfer value were paid, be entitled under regulation 40, and

(B) the factor specified in column 2 of the following table opposite his age, as set out in column 1 of that table, as at the date when the Board is requested to accept that transfer value.

Age	Appropriate factor
29 or under	8
30 to 39	9
40 to 49	10
50 or over	12

(5) In this regulation, “the public sector transfer arrangements” means arrangements approved for the time being by the Minister for the Civil Service as providing reciprocal arrangements for the payment and receipt of transfer values for the purposes of these Regulations to or from other occupational pension schemes.

Reckoning of service for purposes of awards

13.—(1) Notwithstanding any other provision of these Regulations, for the purposes of calculating all awards payable to or in respect of a police officer under these Regulations, the total service which may be reckoned as pensionable service by such an officer shall not exceed 35 years.

(2) For the purpose of calculating an award payable to or in respect of a police officer by reference to any period in years (including a period of pensionable service) —

(a) that period shall be reckoned in completed years and a fraction of a year;

(b) a part of a year shall be taken to be that fraction of a year whereof the denominator is 365 and the numerator is the number of completed days in that part and, accordingly, a part of a year which includes 29th February in a leap year and comprises 365 days shall be treated as a whole year.

(1)

1992 c.7