Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Full-Time) (Severance) Regulations 2003

PART III ENTITLEMENTS

Benefits payable

7.  Subject to the provisions of these regulations, the Schedule shall have effect for determining the following discretionary benefits for members who leave under the terms of the scheme:

(a) severance lump sums;

(b) pensionable service enhancements;

(c) payment in lieu of pension.

Re-employment in the Police Service of Northern Ireland

8.—(1) A member who leaves the Force under these regulations and within 5 years of the date of leaving rejoins the Police Service of Northern Ireland as a police officer shall be required to repay any severance lump sum payments received under these regulations.

(2) This regulation will not apply to a member who –

(a) rejoins the Police Service of Northern Ireland as a civilian;

(b) joins a police force in Great Britain.

(3) In the case of a member who rejoins the Police Service of Northern Ireland, the Pension Regulations shall apply, including any rules on abatement of pensions for re-employed officers.

Capping Mechanism

9.—(1) This regulation shall apply to any member who receives benefits under these regulations.

(2) The formula in the Schedule Part III shall be applied to the calculation of a member’s lump sum under the Schedule Part II paragraphs 1-4, to ensure that he shall not gain more in financial terms by acceptance of benefits under these regulations than he would have earned in basic pay and allowances up to compulsory retirement age or the expiry of a period of extension after that age.

Part-time members

10.  A part-time member will be entitled to the benefits payable in the Schedule subject to the adjustment of his annual pensionable pay by the appropriate factor.

Injury on duty

11.—(1) Any payment of an injury pension to a member under regulation B4 of the Pensions Regulations shall be determined as follows:

(a) the minimum income guarantee shall be calculated in accordance with Schedule B, Part V, paragraph 2, without taking into account any enhancement of pensionable service under Regulation 7(b) of these regulations; and

(b) the amount of an injury pension under Schedule B, Part V, paragraph 3, shall take account of any enhanced pension awarded under Regulation 7(b) and the Schedule to these Regulations.

(2) If a member receives a severance payment under regulation 7 and later applies for and injury on duty payment gratuity under regulation B4 of the Pensions Regulations, then any sum payable under B4, subject to (a) above, shall be reduced. The amount of the reduction from the award made under regulation B4 of the Pensions Regulations will be calculated by deducting a sum equivalent to six months of the individual’s severance payment from the amount represented by the unexpired amount of the lump sum.

(3) Without prejudice to (1) and (2) if the unexpired amount of his lump sum is 1 year or less then the member may elect to: –

(a) repay the “unexpired amount”; or

(b) have it converted into an annuity and deducted from the member’s minimum income guarantee as defined in the Pensions Regulations.

(4) In the event of a member electing under 11(3) the annuity conversion shall be calculated as advised from time to time by the Government Actuary.

Ill Health

12.—(1) This regulation applies when a member is eligible to immediate benefits or to whom Regulation 7 of these regulations applies, and is a member who is eligible to apply for ill health benefits under B3 or B5(4) of the Pension Regulations.

(2) In the event of (1) applying to a member, that member shall not receive any further benefits above that awarded under Regulation 7(b) of these regulations to the extent that the sum of the benefits awarded under B3 or B5(4) of the Pension Regulations and Regulation 7(b) of these regulations exceeds the maximum applicable under B3 or B5(4) of the Pension Regulations.