THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

Prospective

Regulation 2(1)(a)

SCHEDULE 1 N.I. GLOSSARY OF EXPRESSIONS

Commencement Information

I1 Sch. 1 in operation at 6.4.2009 with effect in accordance with reg. 1(2)

In these Regulations, unless the context otherwise requires—

“the 1988 Regulations” means the Royal Ulster Constabulary Pensions Regulations 1988(1);

“the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993(2);

“the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland ) Order 1999(3);

“the 2005 Regulations” means the Police Service of Northern Ireland Regulations 2005(4);

“the 2006 Injury Regulations” has the meaning assigned in paragraph 1 of Schedule 5.

“added years” has the meaning assigned to it by regulation 53(2);

“adult partner” is a person not being the spouse or civil partner of a police officer who cohabits with that officer as a partner in an exclusive, committed and long-term relationship; and either—

(a)

is financially dependent on that officer; or

(b)

they are both financially interdependent.

“adult survivor” has the meaning assigned to it by regulation 37(1)(a);

“aggregate pension contributions”, for the purpose of calculating an award, has the meaning assigned to it by regulation 23;

“appellant’s practitioner” shall be construed in accordance with regulation 66(1)(b);

“average pensionable pay” has the meaning assigned to it by regulation 22;

“the Board” means the Northern Ireland Policing Board as established by section 2 of the Police (Northern Ireland) Act 2000(5);

“ceasing to serve” includes—

(a)

voluntarily ceasing to serve as a police officer;

(b)

resignation from the police service; and

(c)

dismissal,

in each case with effect from a date before that on which the person concerned attains the age of 55 years;

“child survivor” (without regard to age) has the meaning assigned to it by regulation 37(1)(b);

“civil partner” has the same meaning as in the Civil Partnership Act 2004(6);

“Conduct Regulations” means the Royal Ulster Constabulary (Conduct) Regulations 2000(7) and the Royal Ulster Constabulary (Conduct) (Senior Officer) Regulations 2000(8);

“contracting-out rights” shall be construed in accordance with regulation 40(5)(a);

“dependant”, in relation to a pension credit member, shall be construed in accordance with regulation 79(5);

“disablement” and cognate expressions have the meanings assigned to them by regulation 3;

“enhanced top-up ill-health pension” has the meaning assigned to it by regulation 26(4)(b);

“enhanced top-up totals” has the meaning assigned to it by regulation 28(2);

“final pensionable pay” has the meaning assigned to it by regulation 21;

“former pension arrangements” shall be construed in accordance with regulation 12(1)(a);

“guaranteed minimum” and “guaranteed minimum pension” have the meanings which they have for the purposes of the 1993 Act; and “guaranteed minimum”, in relation to a pension under a pension scheme at a particular time, means the amount certified by the Department for Work and Pensions as that minimum at that time;

“independent medical referee” and “IMR” have the meaning assigned to them by regulation 68(4);

“infirmity” has the meaning assigned to it by regulation 3(5);

“injury” includes any injury or disease, whether of body or of mind;

“injury received in the execution of duty” and “result of an injury” have the same meanings as they have in the 1988 Regulations;

“maternity leave” shall be construed in accordance with regulation 32 of the 2005 Regulations, except that in relation to a specified employee of SOCA it means any period of maternity leave taken by that employee whilst employed by SOCA;

“member of the police service” means a police officer employed by the police service;

“normal benefit age” has the meaning assigned to it by regulation 58(2);

“parental leave” shall be construed in accordance with regulation 32 of the 2005 Regulations, except that in relation to a specified employee of SOCA it means any period of parental leave taken by that employee whilst employed by SOCA;

“parties to the appeal” shall be construed in accordance with regulation 68(7);

“part-time service” means service as a police officer performed pursuant to a part-time appointment under regulation 5 of the 2005 Regulations(9), or any other part-time service as a regular police officer or part-time employment as a specified employee of SOCA;

“pension credit” means a credit under the 1999 Order including a credit under corresponding legislation in Great Britain;

“pension credit benefit” has the meaning given by section 97B(10) of the 1993 Act;

“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995(11);

“pension credit rights” means rights to future benefits under these Regulations which are attributable to a pension credit;

“pension debit” means a debit under article 26(1)(b) of the 1999 Order;

“pension debit member” means a person whose benefits or future benefits under these Regulations have been reduced under article 28 of the 1999 Order;

“pension sharing order” means any order or provision which is mentioned in Article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(12), section 28(1) of the Welfare Reform and Pensions Act 1999(13) or Part 3 of Schedule 15 to the Civil Partnership Act 2004(14);

“pensionable pay” has the meaning assigned to it by regulation 20;

“pensionable service” shall be construed in accordance with regulation 8;

“the Pensions (Increase) Acts” means the Pensions (Increase) Act (Northern Ireland) 1971(15) and the Pensions (Increase) Act (Northern Ireland) 1974(16);

“police authority” has the meaning given to it by section 11(2) of the Police Pensions Act 1976(17);

“police force in Great Britain” means a police force as defined in section 101 of the Police Act 1996(18) or section 50 of the Police (Scotland) Act 1967(19), as the case may be.

“police officer” means a person who is:

(a)

a constable of the Police Service of Northern Ireland as defined in section 1(2) of the Police (Northern Ireland) Act 2000(20); or

(b)

a Police Service of Northern Ireland trainee as defined in section 36(3) of the Police (Northern Ireland) Act 2000.

“police service” mean the Police Service of Northern Ireland as defined in section 1(2) of the Police (Northern Ireland) Act 2000;

“Great Britain police pensions legislation” means the legislation for the time being in force relating to the pensions of members of a police force in Great Britain;

“prospective service” shall be construed in accordance with regulation 28(4);

“public holiday” means Christmas Day, the 26th December (if it falls on a Saturday or Sunday), the 1st January (if it so falls), Good Friday or a bank holiday;

“public sector transfer arrangements” has the meaning assigned to it by regulation 12(5);

“public service pension scheme” has the meaning given by section 1(1) of the 1993 Act;

“qualifying service criterion” shall be construed in accordance with regulation 14(3) and (4);

“regular employment” means employment for an annual average of at least 30 hours per week;

“regular police officer” means a constable of a police force in Great Britain, and includes—

(a)

the commissioner, deputy commissioner, assistant commissioners and deputy assistant commissioners of police of the metropolis;

(b)

the commissioner and assistant commissioners of police for the City of London;

(c)

an inspector or assistant inspector of constabulary;

(d)

a police officer engaged on relevant service under section 97(1) of the Police Act 1996(21); and

(e)

a specified employee of SOCA;

“relevant award” shall be construed in accordance with regulation 47(1) and (2);

“relevant date” shall be construed in accordance with regulation 8(1);

“relevant service” (except in the expression “relevant service in the reserve forces”) has the meaning assigned to it by section 27(1) of the Police (Northern Ireland) Act 1998(22).

“relevant service in the reserve forces” has the meaning assigned to it by regulation 82;

“reserve forces” has the meaning assigned to it by regulation 82;

“reserve officer” means a member of the Police Service of Northern Ireland Reserve (Full-time) and references to the Police Service of Northern Ireland Reserve (Full-time) shall be read in accordance with section 1(3) of the Police (Northern Ireland) Act 2000.

“retirement” and cognate expressions shall be construed in accordance with regulation 14;

“the Scheme actuary” means the actuary for the time being appointed by the Secretary of State to provide a consulting service on actuarial matters relevant to these Regulations;

“selected medical practitioner” shall be construed in accordance with regulation 6(2);

“serious ill-health”, in relation to commutation under Part 6, has the meaning assigned to it by regulation 59(4);

“serviceman” has the meaning assigned to it by regulation 82;

“sick leave” shall be construed in accordance with regulation 32 of the 2005 Regulations, except that in relation to a specified employee of SOCA it means any period of sick leave taken by that employee whilst employed by SOCA;

“SMP” has the meaning assigned to it in regulation 68(1);

“SOCA” means the Serious Organised Crime Agency;

“specified employee of SOCA” means—

(a)

an employee of SOCA who immediately before he last became an employee of SOCA was serving as the Director General of the National Crime Squad;

(b)

an employee of SOCA who immediately before he last became an employee of SOCA was serving as a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997(23) by virtue of subsection (2)(a) of that section; or

(c)

an employee of SOCA who immediately before he last became an employee of SOCA was serving as a police member of the National Crime Squad appointed under section 55(1)(b) of the Police Act 1997 by virtue of subsection (2)(a) of that section;

“standard ill-health pension” has the meaning assigned to it by regulation 26(3);

“state pensionable age” has the meaning assigned to it by regulation 40(9);

“tax year” means the 12 months beginning with 6th April in any year;

“unpaid maternity leave” does not include any maternity leave in respect of which statutory maternity pay is payable under the Social Security Contributions and Benefits (Northern Ireland) Act 1992(24).

(1)

S.R. (N.I) 1988 No.374

(2)

1993 c.49

(3)

1999 c.30

(4)

S.R. (N.I.) 2005 No.547

(5)

2000 c.32

(6)

2004 c.33

(7)

S.R.(N.I) 2000 No.315 which were subsequently amended by S.R. (N.I) 2001 No.184, S.R.(N.I) 2003 No.68 then by S.R.(N.I) 2004 No.315 then by S.R.(N.I) 2005 No.341

(8)

S.R.(N.I) 2000 No.320 which were subsequently amended by S.R.(N.I) 2001 No.184 then by S.R.(N.I) 2003 No.68 then by S.R.(N.I) 2004 No.315

(9)

Regulation 5 has been amended by S.R.(N.I) 2004 No.37

(10)

Section 97B was inserted by article 34 of the Welfare, Reform and Pensions (Northern Ireland) Order (S.I. 1999/3147 (N.I.11))

(11)

1995 c.26.

(12)

S.I. 1999/3147 (N.I.11)

(13)

1999 c.30

(14)

2004 c.33

(15)

1971 c.35 (N.I.)

(16)

1974 c.9

(17)

1976 c.35; section 11(2) was amended by the Police and Magistrates’ Courts Act 1994 (c.29), Schedule 5, Part 2, paragraph 20(3), the 1996 Act, Schedule 7, paragraph 33, the Police Act 1997 (c.50), Schedule 9, paragraph 33(2)(b) and 33(2)(c), the Criminal Justice and Police Act 2001 (c.16), section 126(3) and Schedule 4, paragraph 6 and the Police Reform Act 2002, Schedule 7, paragraph 7(1) and (2)

(18)

1996 c.16

(19)

1967 c.77

(20)

2000 c.32

(21)

Section 97(1) was amended by the Police Act 1997 (c.50), Schedule 9, paragraph 86(2), the Criminal Justice and Police Act 2001 (c.16), Schedule 4, paragraph 7(3)(a), the International Development Act 2002 (c.1), Sch3edule 3, paragraph 11 and Schedule 4, the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraphs 1 and 30(1) and (2) and the Police Reform Act 2002 (c.30), Schedule 7, paragraph 19(1)

(22)

1998 c.32

(23)

1997 c.50

(24)

1992 c.7