THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

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.