The Police Service of Northern Ireland Reserve (Full-time) Severance Regulations 2006

Type Ni-Statutory-Rule
Publication 2006-07-18
Last updated 2011-12-31
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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articles Not indexed
Reform history JSON API

Made: 18th July 2006

Coming into operation: 17th August 2006

To be laid before Parliament: 24th July 2006

The Secretary of State has consulted with the Police Negotiating Board in accordance with section 62(3) of the Police Act 1996[^f00004] and with the Northern Ireland Policing Board and the Police Association in accordance with section 26(6)[^f00005] of the 1998 Act.

PART 1 — GENERAL

Citation and commencement

1

These Regulations may be cited as the Police Service of Northern Ireland Reserve (Full-time) Severance Regulations 2006 and shall come into operation on 17th August 2006.

Interpretation

2

In these Regulations—

Length and termination of the Scheme

3

PART 2 — ELIGIBILITY

Eligibility for and entry to Scheme

4

PART 3 — ENTITLEMENTS

Application

5

Benefits payable

6

Employment in the Police Service of Northern Ireland

7

shall be required to repay a proportion of any severance lump sum received under regulation 6(1).

shall be required to make a repayment.

Capping mechanism

8

The capping mechanism in Part 3 of the Schedule shall be applied to the calculation of a member’s lump sum under Part 2 of the Schedule so as to limit the lump sum payable.

Part-time service

9

A member who has been in part-time service shall be entitled to the benefits payable in the Scheme subject to the adjustment of his annual pensionable pay by the appropriate factor.

PART 4 — PENSIONS

Eligibility for pensionable service enhancements

10

Payment in lieu

11

Ill-health

12

Injury on duty

13

Actuarially reduced pensions

14

PART 5 — RE-TRAINING

Conversion lump sum

15

SCHEDULE — BENEFITS PAYABLE

PART 1 — PENSIONABLE SERVICE ENHANCEMENTS AND PAYMENT IN LIEU

1

whichever is less.

PART 2 — SEVERANCE LUMP SUMS

2

Age 50 50 50 50 51 51 51 51 52 52 52 52 53 53 53 53 54 54 54 54 55 or over 55 or over 55 or over 55 or over
Months 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11
Lump Sum Factor 2 1/2 2 3/8 2 1/4 2 1/8 2 1 7/8 1 3/4 1 5/8 1 1/2 1 3/8 1 1/4 1 1/8 1 7/8 3/4 5/8 1/2 3/8 1/4 1/8 0 0 0 0
Age (“X”) 50 50 50 50 51 51 51 51 52 52 52 52 53 53 53 53 54 54 54 54 55 55 55 55
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
Months 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11
Lump Sum Factor 2 3/4 2 11/16 2 10/16 2 9/16 2 1/2 2 7/16 2 6/16 2 5/16 2 1/4 2 3/16 2 2/16 2 1/16 2 1 7/8 1 3/4 1 5/8 1 1/2 1 3/8 1 1/4 1 1/8 1 7/8 3/4 5/8

3

Compulsory Retirement Age 55 57
Lump Sum Factor 2 1/2 2 3/4

4

Years of RUC/ PSNI Service (“X”) 5 5 5 5 6 6 6 6 7 7 7 7 8 8 8 8 9 9 9 9 10 10 10 10 11 11 11 11 12+
Months 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11 0-2 3-5 6-8 9-11
1 1/4 1 5/16 1 6/16 1 7/16 1 1/2 1 9/16 1 10/16 1 11/16 1 3/4 1 13/16 1 14/16 1 15/16 2 2 1/16 2 2/16 2 3/16 2 1/4 2 5/16 2 6/16 2 7/16 2 1/2 2 9/16 2 10/16 2 11/16 2 3/4 2 13/16 2 14/16 2 15/16 3

PART 3 — CAPPING MECHANISM

5

The benefits of severance shall not exceed the amount calculated as potential earnings, and where this occurs the difference between the two shall be deducted from the severance lump sum.

6

In paragraph 5—

Signed

Peter Hain — One of Her Majesty’s Principal Secretaries of State — 18th July 2006

We consent to the making of these Regulations

Alan Campbell — Frank Roy — Two of the Lords Commissioner of Her Majesty’s Treasury — 18th July 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations create a Severance Scheme for the Police Service of Northern Ireland Reserve (Full-time) (“the reserve service”). The Scheme is open to all members of the reserve service who were employed on 31st March 2005. The Scheme has been operated on an administrative basis pending the making of these Regulations. These regulations provide that the Scheme shall be treated as having been had effect from 1st April 2005. This is possible because Articles 14 and 15 of the Superannuation (Northern Ireland) Order 1972[^f00011] provide for regulations to have effect before they are made.

All members of the reserve service are eligible to join the Scheme unless they are dismissed for disciplinary reasons or required to resign. The Chief Constable determines who may enter the Scheme and at what date; regulation 4 gives him discretion to exclude members who are suspended or under investigation for a serious criminal or disciplinary matter.

The Scheme offers enhanced terms to those in the Royal Ulster Constabulary Reserve (Full-time) Pensions Regulations 1994[^f00012]. Those Regulations apply, with modifications, the Royal Ulster Constabulary Pensions Regulations 1988^f00013 to members of the reserve service.

Regulation 3 provides that the Scheme will operate until the Secretary of State determines it should be terminated. A determination can only be made after consultation, and with the consent of the Treasury.

Regulation 5 provides that the normal pension regulations for the reserve service apply, subject to the modifications in these Regulations.

Regulation 6 sets out the discretionary benefits under the Scheme. Members of the Scheme can receive a severance lump sum, pensionable service enhancement, payments in lieu of pensions, and actuarially reduced pensions. Those benefits are subject to the provisions in Parts 3, 4 and 5 of the Regulations. The Schedule will be used to calculate members' benefits under the Scheme. Regulation 6(3) also provides for an additional severance lump sum worth 2 months' of pay.

Regulation 7 provides that where a member of the Scheme joins the Police Service of Northern Ireland as a police officer within 3 years, they will be required to repay the severance lump sum payment received under regulation 6(1), minus the proportion attributable to the period from the date of leaving to the date of rejoining. A similar repayment is required where a member has received a conversion lump sum and joins the Police Service of Northern Ireland during the period that they would have been receiving retraining had they completed the full 9 months offered.

The repayment of the severance lump sum is subject to a limit so as to leave the member with no less than he or she would have received under statutory redundancy pay.

Regulation 8 provides a cap to ensure that a member shall not gain more in financial terms by accepting the benefits under the Scheme than he or she would have earned in basic pay and allowances up to compulsory retirement age or the expiry of the period of extension after that age.

Regulation 11 provides for payment in lieu of pension to members who would have been eligible for short service awards under the Pensions Regulations had they not left under the severance Scheme. The payment will be equivalent to that which members would have received as a short service award.

Regulations 12 and 13 set out the circumstances in which injury on duty benefits or ill-health pension benefits may be reduced to take account of the severance lump sum awarded under these Regulations.

Regulation 14 provides for members to elect to receive actuarially reduced pensions. Such pensions can be paid either from the age of 50 or 55; when it will be paid depends on the age of the member at 6th April 2010.

Regulation 15 provides for a period of 9 months' re-training to be offered to all members of the Scheme before they leave the reserve service. They will be entitled to their usual pay and allowances during this period. A member who chooses to leave before the 9 months is complete will receive a conversion lump sum equivalent to the basic pay the member would have received during retraining to maximum of 6 months' worth of pay. Any member who undertakes less than 3 months' training will need to obtain the approval of a review panel to obtain the conversion lump sum. This will be granted if the member provides good reason for early termination, such as an offer of alternative employment.

Footnotes

[^f00001]: 1998 c. 32; section 26 is modified by section 49 of and Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32) (“the 2000 Act”)

[^f00002]: This subsection was inserted by paragraph 23(6) of Schedule 6 to the 2000 Act

[^f00003]: Article 15 of the Superannuation (Northern Ireland) Order 1972 (1972/1073 (N.I.10)) allows regulations relating to pensions under sections 25 or 26 of the 1998 Act to have retrospective effect. Article 15 was inserted by paragraph 6 of Schedule 4 to the Police (Northern Ireland) Act 1998 (“the 1998 Act”)

[^f00005]: Section 26(6) originally required consultation with the Police Authority and the Police Association; paragraph 23 of Schedule 6 to the 2000 Act amends the 1998 Act to replace “Police Authority” with “Board” which is defined as the Northern Ireland Policing Board

[^f00006]: S.R. 1996 No. 473; regulation 2(4) is inserted by paragraph 1 of Schedule 1 to those Regulations

[^f00007]: S.R. 2000 No. 315; amended by the Police Service of Northern Ireland (Conduct) Regulations 2003 (S.R. 2003 No. 68)

[^f00008]: S.R. 1996 No. 564

[^f00009]: S.R. 1988 No. 374; those Regulations apply to members of the reserve service with modifications, by virtue of Article 3 of the Royal Ulster Constabulary Reserve (Full-time) Pensions Regulations 1994 (S.R. 1994 No. 197)

[^f00010]: Regulation 47A and Schedule 11 were inserted by regulation 2 of the Royal Ulster Constabulary Reserve (Full-time) (Appointment and Conditions of Service) (Amendment) Regulations 1997 (S.R. 1997 No. 363)

[^f00011]: S.I. 1972 No. 1073 (N.I. 10)

[^f00012]: S.R. 1994 No. 197

[^f00013]: S.R. 1988 No. 374

Editorial notes

[^key-759f7248629a44b3079b605b2d2523e8]: Reg. 1 in operation at 17.8.2006, see reg. 1

[^key-ccf392def932a3c1a515d73ddaff7b47]: Reg. 2 in operation at 17.8.2006, see reg. 1

[^key-9b30247a809ae924f6e62f742b392e3d]: Reg. 3 in operation at 17.8.2006, see reg. 1

[^key-e3a385c412f6f08900b6b4fd55b430ef]: Reg. 4 in operation at 17.8.2006, see reg. 1

[^key-305a673ae18dba3354d24711e704cdab]: Reg. 5 in operation at 17.8.2006, see reg. 1

[^key-cebc98f02e0d671a6a31d26e66cc9613]: Reg. 6 in operation at 17.8.2006, see reg. 1

[^key-ddec5f08bea15de2acfc98fe9eaf08a3]: Reg. 7 in operation at 17.8.2006, see reg. 1

[^key-fcc8d0c6a5ec3ab52efc2f88911da556]: Reg. 8 in operation at 17.8.2006, see reg. 1

[^key-9f5811cc30b7006717cebdb32165ce5d]: Reg. 9 in operation at 17.8.2006, see reg. 1

[^key-cb6e647d74a35a1fddcdc488a810c35e]: Reg. 10 in operation at 17.8.2006, see reg. 1

[^key-d127746e179ac3ba693366721ae6b376]: Reg. 11 in operation at 17.8.2006, see reg. 1

[^key-5c6a6771bad08e331a5d65dc603a2beb]: Reg. 12 in operation at 17.8.2006, see reg. 1

[^key-2dfd21df91299403fb5cb8f97fa8a049]: Reg. 13 in operation at 17.8.2006, see reg. 1

[^key-4a3055f84b7ab898d172d7de6a3c1dbd]: Reg. 14 in operation at 17.8.2006, see reg. 1

[^key-93d3f3bfb3ed33115b5ee574ae3cc008]: Reg. 15 in operation at 17.8.2006, see reg. 1

[^key-b309d2eb86178a335baf9b91a56931ec]: Sch. para. 1 in operation at 17.8.2006, see reg. 1

[^key-671495dea7c4a9ab3ce7a308832ed888]: Sch. para. 2 in operation at 17.8.2006, see reg. 1

[^key-1f207400d555ca3032cc0c72fd7f6143]: Sch. para. 3 in operation at 17.8.2006, see reg. 1

[^key-30e8cb3867042869c350184f24e143f6]: Sch. para. 4 in operation at 17.8.2006, see reg. 1

[^key-0f00224ed85dca021cb182ad9d3671dc]: Sch. para. 5 in operation at 17.8.2006, see reg. 1

[^key-7a1dbd8b2b6665e60fcb4ca99f42edc6]: Sch. para. 6 in operation at 17.8.2006, see reg. 1

[^key-198fbd0467b8447c28ea83ace2528730]: Words in reg. 2 substituted (with effect in accordance with reg. 1 of the amending Rule) by Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Full-Time) (Severance) (Amendment) Regulations 2008 (S.R. 2008/439), regs. 1, 3

[^key-50d62ba405b83e3b17b030ad8d357487]: Words in reg. 2 inserted (with effect in accordance with reg. 1(1) of the amending Rule) by Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Full-Time) (Severance) (Amendment) Regulations 2010 (S.R. 2010/377), regs. 1(1), 3

[^key-fb101a2c504e1087405b5b8c17d034ba]: Words in reg. 3(3)(b) substituted (31.12.2011) by Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Full-Time) (Severance) (Amendment) Regulations 2011 (S.R. 2011/408), regs. 1, 3

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