Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

Type Ni-Statutory-Rule

Publication 2009-03-02

Last updated 2024-04-01

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(3) Nothing in paragraph (1) shall prevent a person from being entitled to receive more than one such pension if the awards in question are calculated, directly or indirectly, by reference to different periods of pensionable service.

Increase of awards by reference to the Pensions (Increase) Acts

47

(1) Where it is provided that, for the purpose of calculating an award by way of periodical payments or a gratuity (“the relevant award”), an amount shall be increased in accordance with this regulation, the increase shall be calculated in accordance with paragraph (2).

(2) The amount to be increased shall be increased by the amount, if any, by which a corresponding pension (within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971) of the amount first mentioned would from time to time be increased under the Pensions (Increase) Acts if—

(a) it were payable to the person entitled to the relevant award and, in relation thereto, he had the like guaranteed minimum pension (if any) as he has in relation to the relevant award;

(b) it were one of the pensions specified in paragraph 43 of Part II of Schedule 2 to the said Act of 1971[^f00021];

(d) it began, within the meaning of the said Act of 1971, and became payable when the relevant award so began and became payable.

(3) The Pensions (Increase) Acts as applied by paragraph (2) shall have effect as if section 3 were omitted from the Pensions (Increase) Act 1971 and, accordingly, the amount first mentioned in paragraph (1) shall be increased so long as the pension is payable.

Revision and withdrawal or forfeiture of awards

Review and cancellation of pensions payable on the ground of permanent disablement

48

(1) As long as a person—

(a) is in receipt of—

(i) a standard ill-health pension and has not attained the age of 55 years; or

(ii) an enhanced top-up ill-health pension or 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

(b) in either case has not attained the age of 65 years,

the Board may consider, at such times as are specified in paragraph (2), whether his disablement has ceased, significantly worsened (in the case of a person such as is mentioned in paragraph (1)(a)(i)) or significantly improved (in the case of a person such as is mentioned in paragraph (1)(a)(ii)).

(2) The times mentioned in paragraph (1) are such times as the Board may in their discretion determine—

(a) in the case of a person such as is mentioned in paragraph (1)(a)(i), until the person concerned attains the age of 55 years; and

(b) in the case of a person such as is mentioned in paragraph (1)(a)(ii), at intervals of no less than five years until the person concerned attains the age of 65 years.

(3) If, on any consideration under paragraph (1), it is found, in respect of a person who—

(a) is in receipt of a standard ill-health pension or an enhanced top-up ill-health pension, and

(b) has not attained the age of 55 years,

that his disablement for the performance of the ordinary duties of a member of the police service has ceased, the Board may give the person concerned notice that if he wishes to rejoin the service as a police officer within a period of not less than three months from the date on which he has been given such notice he will be permitted to do so.

(4) If the person concerned, within the period referred to in paragraph (3), offers to rejoin the police service as a police officer, he shall be permitted to do so in a rank not lower than that he held immediately before he retired with the ill-health pension.

(5) On the person concerned rejoining the service as mentioned in paragraph (4) or, where in any other circumstances a person who is in receipt of either—

(a) an ill-health; or

(b) a deferred pension which came into payment early on the grounds of permanent disablement for engaging in any regular employment,

rejoins the service, then payment of his ill-health pension shall be terminated by the Board upon rejoining.

(6) Where the person concerned does not offer to rejoin the service under paragraph (4) within the period referred to in paragraph (3), at the end of that period payment of his ill-health pension shall be terminated by the Board.

(7) If on any consideration under paragraph (1), it is found in respect of a person who—

(a) is in receipt of an ill-health pension; and

(b) has not attained the age of 55 years,

that his disablement for the performance of the ordinary duties of a member of the service would have been expected to have ceased by reason of his having received normal appropriate medical treatment, payment of his ill-heath pension may be terminated by the Board, if the conditions in paragraph (9) are met.

(8) In paragraph (7) “appropriate medical treatment” shall not include medical treatment that it is reasonable in the opinion of the Board for that person to refuse.

(9) The conditions referred to in paragraph (7) are that—

(a) the officer concerned is not receiving or has not received medical treatment, as the case may be;

(b) his failure to receive such treatment is attributable to his wilfulness or negligence; and

(i) a written notice from the selected medical practitioner that, in his opinion, the conditions set out in paragraph (10) apply in that person’s case; and

(ii) a written notice from the Board of their opinion that paragraph (b) applies in his case and of their powers to terminate payment of his ill-health pension under paragraph (7).

(10) The conditions referred to in paragraph (9)(c)(i) are that—

(a) the officer’s disablement for the performance of the ordinary duties of a member of the service would have been expected to have ceased by reason of his having received appropriate medical treatment; and

(b) the officer is not receiving or has not received such medical treatment.

(11) If, on any consideration under paragraph (1), it is found in respect of a person who—

(a) has not attained 65 years of age, and

(b) is in receipt of either—

(i) an enhanced top-up ill-health pension; or

(ii) a deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment,

that his disablement for engaging in any regular employment has ceased, then

(c) in such a case as is mentioned in sub-paragraph (b)(i), except where the Board have given notice to the person concerned under paragraph (3), his entitlement to his enhanced top-up ill-health pension shall cease and he shall remain entitled to payment of his standard ill-health pension; and,

(d) in such a case as is mentioned in sub-paragraph (b)(ii), the Board shall cease to make early payments of his deferred pension.

(12) Subject to paragraph (14), if on any consideration under paragraph (1), it is found, in respect of a person in receipt of a standard ill-health pension, that his disablement has worsened to the extent that he has become disabled for engaging in any regular employment, he shall become entitled to an enhanced top-up ill-health pension, calculated in accordance with regulation 28 and payable in accordance with paragraph (13):

Withdrawal of pension during service as a police officer

49

(1) Subject to paragraph (3), the Board may, in their discretion, withdraw the whole or any part of the pension for any period during which the pensioner is serving as a police officer in the police service or any police force in Great Britain.

(2) Where the Board withdraw a pension in accordance with paragraph (1) they shall be discharged from all actual or contingent liability in respect of the pension, or the part of it, withdrawn for the period in question.

(3) This regulation does not apply to a pension under regulation 36 or a pension credit under regulation 58.

Reduction of pension in case of default

50

(1) Where a police officer or a former police officer becomes permanently disabled and has brought about or substantially contributed to the disablement by his own default, the Board may reduce the amount of any—

(a) ill-health pension; or

(b) deferred pension which comes into payment early on the ground of permanent disablement for engaging in any regular employment,

payable to him by them by an amount not exceeding a half of that to which he would otherwise be entitled.

(2) This regulation shall not apply where the person concerned—

(a) is in receipt of a standard ill-health pension and has attained the age of 55 years; or

(b) is in receipt of a deferred pension and has attained the age of 65 years.

(3) Where the pension of a police officer has been reduced under this regulation, then, if when he attains the age of 65 years the reduced pension is less than the amount of the deferred pension which would have been payable on his attaining that age had he been granted such a pension on the date of his ceasing to serve, it shall be increased to that amount.

Withdrawal of early payment of deferred pension

51

In a case where a person to whom regulation 29 applies ceased to serve by reason of dismissal under the Conduct Regulations and—

(a) was permanently disabled for engaging in any regular employment at the time when he so ceased to serve; or

(b) becomes so disabled before he attains the age of 65 years,

no payment shall be made on account of the pension in respect of the period before he attains the age of 65 years unless the Board in the exercise of their discretion determine to make such payment.

Forfeiture of pension

52

(1) This regulation applies to a pension payable—

(a) under this Part, to a police officer or former police officer;

(b) under regulation 36, to a survivor of such a police officer; and

(2) The Board may determine that the pension be forfeited, in whole or in part and permanently or temporarily as it may specify, if—

(a) the pensioner has been convicted of an offence mentioned in paragraph (3); and

(b) in the case of an adult survivor’s pension, that offence was committed after the death of the police officer in respect of whom the pension is payable.

(3) The offences referred to in paragraph (2) are—

(a) an offence of treason;

(b) one or more offences under the Official Secrets Acts 1911 to 1989[^f00023] for which the grantee has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least ten years.

(4) The Board may determine that the pension be forfeited, in whole or in part and permanently or temporarily as it may specify, if—

(a) the grantee has been convicted of an offence committed in connection with his service as a member of the police service; and

(b) that offence is certified by the Secretary of State either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(5) The Board may, to such extent as it at any time in its discretion thinks fit—

(a) apply for the benefit of any adult or child survivor of the grantee of the pension; or

(b) restore to the grantee of the pension,

any amount or amounts of any pension that has or have been forfeited under this regulation.

(6) To the extent to which a pension is forfeited under this regulation, the Board shall be discharged from all actual or contingent liability in respect of it.

(7) This regulation has effect subject to regulation 40(10).

PART 5 — PURCHASE OF INCREASED BENEFITS

Election to purchase increased benefits

53

(1) This paragraph applies to a police officer by whom contributions are for the time being payable under regulation 5.

(2) Subject to the following provisions of this regulation, a police officer to whom paragraph (1) applies may at any time, for the purpose of reckoning additional pensionable service (“added years”) in calculating the awards payable to, or in respect of, him under Part 4, elect to make payment to the Board in accordance with the following provisions of this Part.

(3) Such an election is to be made by giving written notice to the Board specifying—

(a) the number of added years to be purchased;

(b) the date, no earlier than that on which the officer will attain the age of 55 years nor later than that on which he could be required to retire under regulation 16(1) or (2) if he continued to serve without change of rank, when he wishes the added years purchased to become reckonable for the purpose of calculating awards; and

(c) whether payment is to be made by way of a lump-sum in accordance with regulation 55 or periodical contributions in accordance with regulation 56.

(4) The total number of added years that may be purchased in accordance with regulations 55 and 56 by virtue of such an election shall not exceed—

(a) Five; or

(b) such lesser number as would entitle the officer, if he were to serve continuously as a full-time member of the service from the date of his election under paragraph (2) until the date specified in accordance with paragraph (3)(b), to reckon a total of 35 years’ pensionable service as at the date so specified.

(5) A pension debit member may not replace any rights debited to him as a consequence of a pension sharing order with any rights which he would not have been able to acquire (in addition to the debited rights) had the order not been made.

Acceptance and effect of elections

54

(1) The Board may refuse to accept an election to make payment by periodical contributions unless—

(a) the police officer in question has undergone a medical examination; and

(b) satisfied the Board as to his good health.

(2) Any fee in respect of a medical examination pursuant to paragraph (1) shall be paid by the police officer.

(3) An election made under regulation 53(2) to purchase added years by way of periodical contributions shall take effect from the date on which the periodical contributions commence in accordance with regulation 56(1).

(4) Subject to regulation 56(5) an election made under regulation 53(2) shall be irrevocable, save that where the Board is satisfied that the payment of periodical contributions in accordance with such an election is causing, or is likely to cause, financial hardship they may consent to the discontinuance of such contributions for such period as they think fit.

(5) When a police officer who has made an election under regulation 53(2) has not retired by the date specified in the notice of election in accordance with regulation 53(3)(b), then, notwithstanding that he may derive no benefit from his election, his liability to make payment in accordance with the following provisions of this Part shall not be affected and he shall not be entitled to the repayment of any lump-sum or contribution so paid.

Lump-sum payments

55

(1) A police officer to whom regulation 53(1) applies may, within twelve months of the date when he last began to serve as such, elect under that regulation to make payment by a lump-sum of such amount calculated by the Board, in accordance with tables prepared by the Scheme actuary, as is necessary to purchase the added years specified in the notice of election.

(2) A lump-sum payment under this regulation shall be made within three months of the date on which the notice of election is given and, if it is not so made, the election shall be deemed for the purposes of these Regulations never to have been made.

(3) A sum held in another pension scheme may not be used to purchase added years under this regulation.

Payment by periodical contributions

56

(1) Subject to the following provisions of this regulation, where a police officer elects to make payment under this regulation the periodical contributions—

(a) shall be made as from the date of his birthday falling within the year beginning with the date of his election; and

(b) shall continue, subject to any discontinuance on the ground of financial hardship in accordance with regulation 54(4) until the date—

(i) specified in the notice of election in accordance with regulation 53(3)(b);

(ii) on which any election made by him under regulation 7 takes effect;

(iii) on which he retires under regulation 15, 16 or 17, as the case may be, or otherwise ceases to serve as a police officer; or

(iv) subject to paragraph (8), on which he retires under regulation 18,

whichever is the earliest.

(2) All contributions under this regulation shall be deducted by the Board from the pay of the officer concerned.

(3) Such contributions shall be of such amount, calculated by the Board in accordance with tables prepared by the Scheme actuary, as is necessary to purchase the added years specified in the notice of election.

(4) In a case where the police officer makes an election to pay by periodical contributions while he is in part-time service, either—

(a) payments payable by him shall be calculated as if he were in full-time service and his pensionable pay were the amount that would be his pensionable pay if he were in full-time service; or

(b) those payments are to be payable in accordance with paragraph (7).

(5) An officer who made an election under regulation 53(2) at a time when he was a full-time member of the police service and has subsequently begun to serve on a part-time basis may vary that election within the period of three months from the date on which he began to serve on a part-time basis.

(6) Variation of an election in accordance with paragraph (5) shall be made by giving written notice to the Board specifying that the police officer in part-time service concerned wishes the payments payable by him to be payable in accordance with paragraph (7) and takes effect on the date of that notice.

(7) Where a police officer who is in part-time service—

(a) makes an election under regulation 53(2); or

(b) varies such an election in accordance with paragraph (5) and (6),

specifying that the payments which are payable by him are to be payable in accordance with this paragraph, then the payments payable by him by periodical payments shall be payable at the same percentage of his pay as if he were in full-time service.

(8) In the case of a police officer who has retired with an entitlement to an ill-health pension but has subsequently rejoined the police service or joined a police force in Great Britain in accordance with regulation 48 his periodical contributions shall again become payable as provided by paragraph (1).

(9) A sum held in another pension scheme may not be used to purchase added years under this regulation.

Reckoning of increased benefits

57

(1) Subject to the following provisions of this regulation, for the purposes of calculating any award under Part 4 to or in respect of a police officer, added years purchased in pursuance of an election under regulation 53(2) shall be reckonable in the same way as other pensionable service reckonable by him.

(2) Subject to regulation 55(2), in a case where a police officer elects under regulation 53(3)(c) to make payments by way of a lump sum, he shall be entitled to reckon the number of added years specified in his notice of election under regulation 53(3)(a).

(3) In a case where a police officer elects under regulation 53(3)(c) to make payments by way of periodical contributions, he shall be entitled to reckon the number of added years determined in accordance with the following provisions of this regulation.

(4) Unless a police officer is in part-time service and has elected to pay contributions at the same percentage of his pensionable pay as if he were in full-time service as in regulation 56(7), in a case where the periodical contributions continue in payment until the date specified in the notice of election, the officer will be entitled to reckon the number of added years specified in his notice of election under regulation 53(3)(a).

(5) This paragraph applies where a police officer has commenced payment of periodical contributions in accordance with an election under regulation 53(2) and dies in service or retires with an entitlement to an ill-health pension under regulation 26.

(6) In a case in which paragraph (5) applies, the officer concerned shall, subject to paragraph (8), be entitled to reckon all the added years specified in his notice of election under regulation 53(3)(a), save that where—

(a) he had discontinued payment of periodical contributions on the grounds of financial hardship under regulation 54(4); or

(b) he was an officer with part-time service and had elected to pay contributions at the same percentage of his pensionable pay as if he were in full-time service as in regulation 56(7),

he shall be entitled to reckon a proportion of such benefits, determined in accordance with the formula set out in paragraph (7).

(7) The formula referred to in paragraph (6) is—

$$AYxPM PD$ where— AY is the number of added years specified in the notice of election in accordance with regulation 53(3)(a); PM is the aggregate length of the periods during which periodical contributions were made calculated in accordance with paragraph (14), where applicable; and PD is the length of the period beginning with the date on which the election under regulation 53(2) took effect and ending on the date on which the officer concerned died or retired on the ground of disablement, as the case may be.$

(8) Subject to paragraph (9), in a case in which the officer concerned retired with—

(a) an entitlement to a standard ill-health pension and that entitlement ceases in accordance with regulation 48; or

(b) an entitlement to an enhanced top-up ill-health pension and that entitlement ceases in accordance with regulation 48 in circumstances where he does not then remain entitled to a standard ill-health pension under paragraph (11)(c) of that regulation,

then (whether or not he rejoins the police service), his entitlement under paragraph (6) to reckon all or a proportion of the number of added years specified in his notice of election under regulation 53(3)(a) shall cease, but for the purposes of this regulation he will be deemed to have made the periodical contributions which, but for his retirement, would have fallen due during the period of that retirement.

(9) Where at the time of the officer’s retirement on the ground of disablement he was entitled to reckon the proportion of the added years which he elected to purchase given in paragraph (7) he shall be deemed to have made a proportion of such periodical contributions, determined in accordance with the formula set out in paragraph (10).

(10) The formula referred to in paragraph (9) is—

$PNxPM PD$

where PN is the length of the period beginning with the date on which the officer retired on the ground of disablement and ending on the date on which entitlement to the ill-health pension in question ceased, and PM and PD have the same meaning as in paragraph (7).

(11) This paragraph applies to a police officer in respect of whom—

(a) periodical contributions continue to be payable until the date specified in the notice of election, but had been discontinued for a period on the grounds of financial hardship under regulation 54(4), whether or not they were so discontinued at the date specified in the notice of election;

(b) periodical payments continue to be payable until the date specified in the notice of election, but he is an officer in part-time service and has elected to pay contributions payable at the same percentage of his pensionable pay as if he were in full-time service as in regulation 56(7);

(c) periodical contributions ceased in accordance with regulation 56(1)(b)(ii) on the date on which any election made by him under regulation 7 takes effect; or

(d) periodical contributions ceased in accordance with regulation 56(1)(b)(iii) on the date on which he retired under regulations 15, 16, or 17, as the case may be, or otherwise ceased to serve as a police officer.

(12) In a case in which paragraph (11) applies, the officer shall be entitled to reckon a proportion of the number of added years specified in his notice of election under regulation 53(3)(a), determined in accordance with the formula set out in paragraph (13).

(13) The formula referred to in paragraph (12) is—

$AYxPM PE$

where—

Pension credit member’s entitlement to pension

58

(1) Subject to regulation 59, a pension credit member is entitled to a pension, of an amount calculated in accordance with paragraphs (3), (4), and (5) which becomes payable—

(a) when he attains normal benefit age; or

(b) if it is later, when the pension sharing order under which he is entitled to the pension credit takes effect.

(2) In this Part “normal benefit age” means the age of 65.

(3) A pension credit member’s pension shall be—

(a) an annual sum payable for life, and

(b) subject to paragraph (4), a lump-sum payment of an amount equal to that annual sum as at the time when the pension first becomes payable, multiplied by four.

(4) No lump sum shall be payable under paragraph (3)(b) if the pension credit is a disqualifying pension credit under paragraph 2(3) of Schedule 29 to the Finance Act 2004[^f00024].

(5) The total pension under paragraph (3) must be of such an amount that its actuarial value is equal to the member’s pension credit, as calculated from tables prepared by the Scheme actuary and in accordance with regulations made under paragraph 5(b) of Schedule 5 to the 1999 Order[^f00025].

Commutation of the pension credit benefit on the ground of serious ill-health

59

(1) If a pension credit member is suffering from serious ill-health before he attains normal benefit age, the Board may commute the whole of the pension to which he is entitled under regulation 58 calculated in accordance with paragraph (2).

(2) The commutation shall be for a lump-sum of an amount equal to the annual rate of the pension to which the member would have been entitled under regulation 58 (3)(a) if he had attained normal benefit age on the date when the lump-sum is paid (as calculated in accordance with guidance prepared by the Scheme actuary), multiplied by five.

(3) Where a pension is commuted under paragraph (1), the payment of the lump-sum discharges the Board from all liability in respect of benefits payable to or in respect of the pension credit member.

(4) In this regulation, “serious ill-health” means ill-health giving rise to a life expectancy of less than one year from the date on which commutation is applied for.

Death grants where pension credit member dies before pension credit benefits payable

60

(1) If a pension credit member dies before any pension credit benefits have become payable to him under these Regulations, a lump-sum death grant is to be paid calculated in accordance with paragraph (2).

(2) The grant shall be of an amount equal to the annual rate of the pension to which the member would have been entitled under regulation 58(3)(a) if he had attained normal benefit age on the date of his death (as calculated in accordance with guidance prepared by the Scheme actuary), multiplied by three.

(3) The lump-sum is payable—

(a) if the member is survived by a spouse or civil partner who is not ineligible under paragraph (4), to that spouse or civil partner; or

(b) if there is no person such as is mentioned in sub-paragraph (a), and if the Board in their discretion so decide, to the member’s personal representatives.

(4) A spouse or, as the case may be, civil partner is ineligible for the purposes of paragraph (3) if—

(a) the deceased and the spouse or civil partner in question were separated by an order or decree of a competent court at the time of the member’s death; and

(b) the deceased was not required by such an order to contribute, and was not in fact regularly contributing, to the support of the spouse or civil partner or to the spouse or civil partner for the support of a child of the spouse or civil partner in question.

Application of general regulations

61

(1) The provisions specified in paragraph (2) apply to pension credit members and awards payable to or in respect of them, but apart from where provision is made by this Part or a contrary intention is otherwise indicated—

(a) these Regulations do not apply to pension credit members as such or to benefits payable to or in respect of them as such;

(b) the benefits payable to or in respect of pension credit members as such are not aggregated for any purpose with benefits payable to or in respect of those persons in any other capacity; and

(c) the benefits payable to or in respect of pension credit members deriving their pension credit benefits from one pension debit member are not aggregated for any purpose with benefits payable to or in respect of those persons as pension credit members deriving their pension credit benefits from any other pension debit member.

(2) Those provisions are regulation 63 and 64.

(3) In the application of regulation 63 by virtue of this regulation, the reference in regulation 63 to a person claiming an award in respect of a member of a particular description to whom that regulation applies includes a reference to a pension credit member whose pension credit is derived from the rights of a pension debit member of that description.

PART 7 — MEDICAL QUESTIONS AND APPEALS

Eligibility for awards – general

Eligibility for awards - general

62

Subject to the following provisions of this Part, the question whether a person is entitled to any, and if so what, awards under these Regulations shall be determined in the first instance by the Board.

Appeals

63

(1) Where a member of the police service, or a person claiming an award in respect of such a member, is aggrieved by—

(a) the refusal of the Board to admit a claim to receive as of right an award or a larger award than that granted;

(b) a decision of the Board as to whether a refusal to accept medical treatment is reasonable for the purposes of regulation 3;

(d) the forfeiture under regulation 52 by the Board of any award granted to or in respect of such a member,

he may, subject to regulation 64, give notice of appeal to the Board and the Secretary of State; and any such notice shall be in writing and shall specify the grounds of the appeal.

(2) The Secretary of State, on receiving such notice of appeal, shall appoint an appeal tribunal (“the tribunal”), which shall consist of three persons, including a barrister or solicitor of not less than seven years’ standing who shall be appointed chairman and a former member of the police service or of a police force in Great Britain who, before he ceased to serve as such or retired, held a rank not lower than that of superintendent.

(3) The time and place for the hearing, or any postponed or adjourned hearing, of the appeal shall be determined by the tribunal, which shall give reasonable notice of it to the Secretary of State who shall notify the appellant and the Board.

(4) The Board and the appellant (“the parties”) may be represented before the tribunal by counsel, by a solicitor or by other appropriate person, adduce evidence and cross-examine witnesses.

(5) The tribunal shall apply the rules of evidence applicable in a hearing of an appeal to a county court under article 28 of the County Courts (Northern Ireland) Order 1980[^f00026].

(6) Subject to the preceding provisions of this regulation, the tribunal shall determine its own procedure.

(7) The tribunal, after enquiring into the case and arriving at a decision thereon, may make such order in the matter as appears to it just, and—

(a) the order shall state the reasons for the decision; and

(b) each of the parties shall be entitled to a copy of any such order.

(8) An appeal shall lie on a point of law from any decision of a tribunal under this regulation to the High Court in accordance with rules of court.

Limitations on appeals

64

(1) An appeal shall not lie under regulation 63 against anything done by the Board in the exercise of a power conferred by these Regulations which is expressly declared by these Regulations to be a power which they are to exercise in their discretion.

(2) Subject to regulation 69(2), in any proceedings under regulation 63 the court or tribunal shall be bound by any final decision of a medical authority within the meaning of regulation 69.

Decisions on eligibility for pension awards payable on the ground of permanent disablement

Reference to selected medical practitioner - eligibility for pension awards payable on the ground of permanent disablement

65

(1) For the purposes of a determination by the Board of a person’s eligibility to receive pension awards payable on the ground of permanent disablement in pursuance of regulation 6, the selected medical practitioner shall report to the Board his opinion on the likelihood and likely timing of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police service, and such a report shall, subject to an appeal under regulation 66, be final.

(2) A copy of any such report shall be supplied to the person who is the subject of that report (“the claimant”).

Appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement

66

(1) A person in respect of whom it has been determined under regulation 6(3) that the risk presented by him that he will retire on the ground that he is permanently disabled is such that the likely cost of providing him with benefits under these Regulations is disproportionately high and who is dissatisfied with the opinion of the selected medical practitioner may appeal against the practitioner’s report if—

(a) within 28 days of receiving notice of the Board’s decision under regulation 6(3) he gives notice that he intends to make such an appeal; and

(b) within two months (or such longer period as may be agreed by the Board) of receiving notice of the Board’s decision he supplies evidence that a registered medical practitioner (“the appellant’s practitioner”) has examined him and disagrees with the selected medical practitioner’s opinion on the likelihood or likely timing (or both) of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police service.

(2) The Board shall ask the selected medical practitioner to reconsider his report in the light of that evidence and, if necessary, to produce a revised report on the likelihood and likely timing of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police service, and that revised report shall be final.

Medical questions - permanent disablement

Reference of medical questions - permanent disablement

67

(1) Where the Board is considering for the purposes of these Regulations whether a person is permanently disabled, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions—

(a) whether the person concerned is disabled for the performance of the ordinary duties of a member of the police service;

(b) whether any such disablement as is mentioned in sub-paragraph (a) is likely to be permanent;

(c) whether the person concerned is also disabled for engaging in any regular employment otherwise than as a police officer; and

(d) whether any such disablement as is mentioned in sub-paragraph (c) is likely to be permanent.

(2) Where the Board is considering whether the disablement of a person such as is mentioned in regulation 18(3) or 48(1)(a)(i) has ceased, significantly worsened or significantly improved, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions—

(a) whether the person concerned continues to be disabled for the performance of the ordinary duties of a member of the police service; and, if so

(b) whether the person concerned is also disabled for engaging in any regular, employment; and

(3) Where the Board is considering whether the disablement of a person such as is mentioned in regulation 48(1)(a)(ii) has ceased, or significantly improved, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions—

(a) whether the person concerned continues to be disabled for engaging in any regular employment; and, if not;

(b) whether the person concerned continues to be disabled for the performance of the ordinary duties of a member of the police service.

(4) Where, in pursuance of a reference under paragraph (2) or (3), the selected medical practitioner decides that the question mentioned in paragraph (2)(a) or either of the questions referred to in paragraph (3)(a) and (b), as the case may be, is to be answered in the affirmative, no question as to the likelihood of such disablement continuing permanently is to be considered by him.

(5) Where the Board is considering the exercise of their powers under regulation 50, they shall refer for decision to a duly qualified medical practitioner selected by them the question whether the person concerned has brought about or substantially contributed to the disablement by his own default.

(6) The Board may decide to refer a question in paragraph (1), (2), (3) or (5), as the case may be, to more than one duly qualified medical practitioner instead of to a single duly qualified medical practitioner, and in such a case references in this regulation and regulations 68, 69(4) and 70(8) to a selected medical practitioner shall be construed as if they were references to more than one selected medical practitioner.

(7) The decision of the selected medical practitioner on the question or questions referred to him under this regulation shall be expressed in the form of a report and certificate and shall, subject to regulations 68 and 69, be final.

(8) A copy of any such report and certificate shall be supplied to the person who is the subject of that report.

Appeal to independent medical referee

68

(1) Where a person is dissatisfied with the decision of the selected medical practitioner (“SMP”), on the question or questions referred to him as set out in a report and certificate under regulation 67(7) he may, within 28 days after he has received a copy of the report and certificate, or such longer period as the Board may allow, and subject to and in accordance with the provisions of regulation 70, give notice to the Board that he appeals against that decision.

(2) In any case where within a further 28 days of that notice being received (or such longer period as the Board may allow) that person has supplied to the Board a statement of the grounds of his appeal, the Board shall, except in a case where the person concerned and the Board agree to a further reference to the SMP in accordance with regulation 69(1), notify the Secretary of State accordingly.

(3) The Board shall send to the Secretary of State two copies of the notice of appeal, and the report and certificate appealed against, with the name and address of the appellant and any other information required by the Secretary of State.

(4) The Secretary of State shall appoint the independent medical referee (“IMR”), which shall consist of one or more independent medical practitioners, and where more than one medical practitioner is appointed, the Secretary of State shall designate one of them as the principal independent medical referee (“PIMR”).

(5) The IMR shall report on the question or questions which is or are subject to appeal, except that where there is a PIMR designated only he shall so report, after taking into account the assessment of all other IMR’s appointed by the Secretary of State.

(6) The decision of the IMR shall, if he disagrees with any part of the report of the SMP, be expressed in the form of a report and certificate of his decision on any of the questions referred to the SMP on which he disagrees with the latter’s decision.

(7) The report of the IMR in pursuance of paragraph (4) shall, subject to the provisions of regulation 69, be provided to the Board and the appellant (“the parties to the appeal”).

(8) The Board shall determine the appeal after considering the report of the IMR, and that report shall supersede any other medical report.

Further reference to medical authority

69

(1) The Board and the person in respect of whom a medical authority has given a final decision (“the claimant”) may, by agreement, refer such decision to the said medical authority, for reconsideration of the decision and the medical authority shall accordingly reconsider the said decision and, if necessary, issue a fresh report and certificate, which, subject to—

(a) any further reconsideration under this paragraph or paragraph (2); or

(b) an appeal, where the claimant requests that the appeal of which he has given notice (before referral of the decision under this paragraph) be notified to the Secretary of State and referred to an IMR,

shall be final.

(2) A tribunal hearing an appeal under regulation 63 may, if they consider that the evidence before the medical authority who has given the final decision was inaccurate or inadequate, refer the said decision to the medical authority for reconsideration in the light of such facts as the tribunal may direct, and the medical authority shall accordingly reconsider the said decision and, if necessary, issue a fresh report which, subject to any further reconsideration under this paragraph, shall be final.

(3) If a claimant and the Board agree, or the tribunal decide, to refer a decision to the medical authority for reconsideration under this regulation and that medical authority is unable or unwilling to act, the decision may be referred to a duly qualified medical practitioner or practitioners agreed upon by the claimant and the Board or, as the case may be, selected by the tribunal, and his or, as the case may be, their decision shall have effect as if it were that of the medical authority who gave the decision which is to be reconsidered.

(4) In this regulation a medical authority (and cognate expressions) who has given a final decision, means—

(a) the SMP, if the time for appeal from his decision has expired without an appeal to an appeal board being made or if, following a notice of appeal to the Board, the Board have not yet notified the Secretary of State of the appeal; and

(b) the IMR, if there has been such an appeal.

Procedure and costs on appeals under regulation 68

70

(1) Every notice of appeal under regulation 68(1) and statement of grounds under regulation 68(2) shall be in writing.

(2) On receiving a notice of appeal against a decision made under regulation 67(7) and the appellant’s statement of grounds for appeal, the Board, unless regulation 69(1) applies, shall forward to the Secretary of State copies of those documents and all other documents determined as necessary by the Secretary of State.

(3) The IMR shall—

(a) appoint a time and place at which he, or they, as the case may be, shall examine the appellant (“medical assessment”);

(b) appoint any such further dates as he, or they, as the case may be, may consider necessary; and

(c) shall give not less than two months’ notice, or such shorter period as the parties to the appeal may agree, of that appointment to the Secretary of State.

(4) The Secretary of State shall inform the parties to the appeal of the date appointed for the medical assessment.

(5) The appellant shall ensure all papers to be considered by the IMR are sent to the Secretary of State not less than 14 days before the date of the medical assessment.

(6) The Secretary of State shall ensure all relevant documents are sent to the IMR and the parties to the appeal before the date of the medical assessment.

(7) Where a party to the appeal intends to submit written evidence or a written statement—

(a) that party shall submit it to the Secretary of State not less than 14 days before the date appointed for the medical assessment;

(b) where any written evidence or statement has been submitted under sub-paragraph (a), the other party may provide written evidence or statement in response, which shall be submitted to the Secretary of State not less than seven days before the date appointed for the medical assessment;

(c) the IMR may postpone or adjourn the date appointed for the medical assessment where any written evidence or statement is submitted in contravention of sub-paragraphs (a) and (b), or it appears necessary to do so for the proper determination of the appeal.

(8) Any medical assessment may be attended by—

(a) the SMP or, in his absence, a duly qualified medical practitioner appointed for the purpose by the Board;

(b) any duly qualified medical practitioner appointed for the purpose by the appellant; and

although they may only observe any examination.

(9) If any medical assessment includes a medical examination then only medical practitioners may be present for that part of the assessment.

(10) Each party shall, not less than 14 days before the date appointed for the medical assessment, inform the Secretary of State whether they intend that a person described in paragraph (8) will attend the medical assessment.

(11) The IMR shall supply the Secretary of State with a written report of his decision in accordance with regulation 68(5) and (6).

(12) The Secretary of State shall provide the parties to the appeal with a copy of the IMR’s report and certificate, if any.

(13) There shall be paid to the IMR—

(a) such fees as are determined in accordance with arrangements made by the Secretary of State; or

(b) where no such arrangements have been made, such fees and allowances as the Secretary of State may from time to time determine,

and any fees or allowances so payable shall, subject to paragraph (15)(b) and (d), be paid by the Board and shall be treated as part of the expenses of the Board for the purposes of this regulation.

(14) Subject to the qualifications set out in paragraph (15), the expenses of each party to the appeal shall be borne by that party.

(15) The qualifications referred to in paragraph (14) are as follows—

(a) where a medical assessment has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the Board less than 11 days (excluding weekends and public holidays) before the date appointed for the medical assessment, the IMR shall require the Board to pay to the appellant any expenses actually and reasonably incurred by him in respect of attending or arranging to attend the cancelled, adjourned or postponed medical assessment, as the case may be;

(b) if the IMR determines that a medical assessment has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the appellant less than 11 days (excluding weekends and public holidays) before the date appointed for the medical assessment the Board may, subject to sub-paragraph (c), require the appellant to pay towards the cost of the cancellation, adjournment or postponement, as the case may be, such sum not exceeding the total costs of the cancellation, adjournment or postponement, as the case may be, as the Board thinks fit;

(c) if the IMR, after taking account of any representations from either party, decides that the cancellation, adjournment or postponement, as the case may be, was not due to any fault on the part of the appellant and the appellant should not pay towards the cost of the said cancellation, adjournment or postponement, he or they shall state that this is the case and the Board shall not require the payment of any such costs;

(d) where the IMR decides in favour of the Board and reports that in his, or, as the case may be, their opinion the appeal was frivolous or vexatious, the Board may, subject to sub-paragraph (e), require the appellant to pay towards the cost of the appeal such sum not exceeding the total fees and allowances of the IMR as the Board thinks fit;

(e) if the IMR, after taking account of any representations from either party, decides there are exceptional reasons why the appellant should not pay towards the cost of the appeal, he, or as the case may be, they, shall state that this is the case and the Board shall not require the payment of any such costs;

(f) where the IMR decides in favour of the appellant, the Board shall refund to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending any medical assessment.

(16) For the purposes of this regulation a medical assessment shall include questioning, and may include either physical or other examination of the appellant.

(17) References in this regulation to periods of days shall include weekends and public holidays, unless expressed otherwise.

Refusal to be medically examined

71

If a question is referred to a medical authority under regulation 67, 68 or 69 and the person concerned wilfully or negligently fails to submit himself to such medical examination or to attend such assessments as the medical authority may consider necessary in order to enable him to make his decision, then—

(a) if the question arises otherwise than on an appeal under regulation 68, the Board may make their determination on such evidence and medical advice as they in their discretion think necessary;

(b) if the question arises on an appeal under regulation 68, the appeal shall be deemed to be withdrawn.

PART 8 — TRANSFER VALUES, PAYMENT, ETC

Interpretation

Interpretation - transfers

72

In these Regulations—

(a) a reference to a police officer transferring to a police force in Great Britain shall be construed as a reference to his leaving the police service and joining a police force in Great Britain as a regular police officer with—

(i) in the case of the Chief Constable, Deputy Chief Constable or an Assistant Chief Constable, the consent of the Board and the approval of the Secretary of State; and

(ii) in any other case, the consent of the Chief Constable and after having given a month’s notice in writing to the Board, or such shorter period of notice as may have been accepted by the Board.

(b) a reference to a regular police officer having transferred from a police force in Great Britain to the police service shall be construed as a reference to his leaving a police force in Great Britain and joining the police service as a police trainee or police officer, subject to—

(i) in the case of a Chief Officer of police, Deputy Chief Constable, or an Assistant Chief Constable, obtaining the consent of the police authority concerned; and

(ii) in any other case, obtaining the consent of the Chief Officer of police acting with the consent of the police authority concerned.

Certificates of pensionable service on transfer between forces or rejoining the police service

Certificates of pensionable service

73

(1) This paragraph applies where a regular police officer transfers from a police force in Great Britain to the police service.

(2) In a case where paragraph (1) applies, the police authority of that force shall furnish the Board with a certificate stating—

(a) the amount of the pensionable service which the regular police officer to whom this paragraph applies is entitled to reckon by reason of previous service in a police force in Great Britain in accordance with regulations 8 to 13;

(b) whether or not that regular police officer has, at the time of leaving service in the force maintained by the police authority, made an election under regulation 7; and

(c) where that police officer is a pension debit member under Part 6, the appropriate percentage by which his future benefits are to be reduced under regulation 33.

(3) On the acceptance of a certificate under paragraph (2) by the Board, any entitlement of a regular police officer to whom this regulation applies to an award from the police authority shall cease to have effect.

(4) In a case where paragraph (1) applies, the police authority shall furnish the regular police officer with a copy of the certificate furnished under paragraph (2) together with a description of the effect of paragraph (2).

(5) This paragraph applies where a police officer transfers from the police service to a police force in Great Britain.

(6) In a case where paragraph (5) applies, the Board shall furnish the police authority of that force with a certificate stating—

(a) the amount of the pensionable service which the police officer to whom this paragraph applies is entitled to reckon by reason of previous service in the police service in accordance with regulations 8 to 13;

(b) whether or not that police officer has, at the time of leaving service in the police service, made an election under regulation 7, and

(c) where that police officer is a pension debit member under Part 6, the appropriate percentage by which his future benefits are to be reduced under regulation 33.

(7) On the acceptance of a certificate under paragraph (6) by the police authority, any entitlement of a police officer to whom this regulation applies to an award from the Board shall cease to have effect.

(8) In a case where paragraph (5) applies, the Board shall furnish the police officer with a copy of the certificate furnished under paragraph (6), together with a description of the effect of paragraph (6).

Transfer values payable on leaving the police service or ceasing to make pension contributions

74

(1) Subject to paragraph (10), this regulation applies to a police officer who, before he attains the age of 64 years—

(a) ceases to serve as a police officer; or

(b) makes or has made an election under regulation 7,

and who, in either case, satisfies the conditions specified in paragraph (2).

(2) The conditions mentioned in paragraph (1) are—

(a) that he subsequently becomes subject to new pension arrangements which are contained within—

(i) a public service pension scheme within the meaning of section 1 of the 1993 Act[^f00027];

(ii) any other pension scheme which is registered under section 153 of the Finance Act 2004[^f00028]; or

(iii) a qualifying recognised overseas pension scheme within the meaning of section 169 of the Finance Act 2004;

(b) that his pensionable service satisfies the three month condition within the meaning of section 97AA(1) (b) (i) of the 1993 Act[^f00029];

(d) that he has not received any award by way of repayment of his aggregate pension contributions; and

(e) that he has, on or before the date on which he attains the age of 64 years, or within such longer period as the Board may allow in the circumstances of the particular case, given written notice to the Board of his desire that this regulation should apply in his case.

(3) A police officer who has given notice in accordance with paragraph (2)(e) may, without prejudice to the giving of another such notice, withdraw that notice by giving written notice to that effect to the Board under this paragraph; but withdrawal of notice under this paragraph shall be of no effect if it is given at a time when the Board have already entered into an agreement with a third party to pay a transfer value under paragraph (4) in respect of him.

(4) Subject to paragraphs (5) and (10), where this regulation applies the Board shall—

(a) within 12 months of receipt of notice given in accordance with paragraph (2)(e); or

(b) if earlier, by the date on which the police officer concerned attains the age of 65 years,

pay a transfer value calculated, (subject to paragraph (6)), in accordance with tables and guidance issued for the purpose by the Scheme actuary to the Board or person empowered to receive such payments for the purposes of the new pension arrangements to which the police officer becomes subject.

(5) If proceedings before a court have been commenced against the police officer concerned within 12 months of the date on which contributions under regulation 6 ceased to be payable in respect of him, and it appears to the Board that the proceedings may lead to the forfeiture of any pension, entitlement to which arises as a result of the payment of such contributions, the period within which payment under this paragraph is to be made shall be—

(a) that specified in paragraph (4); or

(b) three months from the conclusion of those proceedings (including any proceedings on appeal),

whichever ends later.

(6) In the case of a transfer value paid under the public sector transfer arrangements, paragraph (4) shall have effect as if, for the words from “subject to paragraph (6)” to “actuary” there were substituted the words “in accordance with the rules of the public sector transfer arrangements”; and for these purposes, “the public sector transfer arrangements” has the same meaning as that given in regulation 12(5).

(7) In the case of a police officer who has received such an award as is mentioned in paragraph (2)(d) but has, within six months of becoming subject to new pension arrangements, or within such longer period as the Board may allow in the circumstances of his case, paid to the Board an amount equal to that of the award, (plus interest, where payable in accordance with paragraph (9)) paragraph (2) shall have effect as if sub-paragraph (d) were omitted.

(8) In the case of a police officer who is becoming subject to new pension arrangements such as are specified in paragraph (2)(a)(i), paragraph (7) shall have effect as if for “six months” there were substituted “12 months”.

(9) For the purposes of paragraph (7) and (8)—

(a) interest shall be payable where payment is made under that paragraph more than a year after receipt of the award as mentioned in paragraph (2)(d); and

(b) any such interest shall be calculated at the rate of 5 per cent per year, compounded with yearly rests.

(10) Where a pension debit exists under Part 6, the amount of any transfer value payable under this regulation shall be decreased by the actuarial value of that debit.

Prohibition on accepting or paying transfer values for pension credit rights

75

A transfer value may not be accepted or paid in respect of any pension credit rights under Part 6.

Mis-sold pensions

76

(1) This regulation applies to a police officer who—

(a) opted or transferred out; and

(b) has suffered loss as a result of a contravention which is actionable under section 150 of the Financial Services and Markets Act 2000[^f00030].

(2) A police officer to whom this regulation applies may give notice in writing to the Board that he wishes the Board to accept payment of a transfer value in order to create or restore pensionable service, and such notice shall be treated as cancelling, with effect from the date on which an instalment of pay next falls due to him, any election that is in force under regulation 7 in respect of that police officer.

(3) Where a police officer has given notice under paragraph (2), but before the payment has been accepted and pensionable service created or restored he either—

(a) dies while serving as a member of the police service; or

(b) becomes entitled to an award under these Regulations,

paragraph (4) shall continue to apply in his case.

(4) Where a transfer value in relation to a police officer who has given notice under paragraph (2) is paid to the Board before the expiry of the period of 12 months beginning with the date on which the police officer gives such notice, or such longer period as the Board may allow, the Board—

(a) shall, if satisfied that the transfer value has been calculated in a manner consistent with the methods adopted and assumptions made by them in determining the restitution payment, accept the payment and treat the relevant period as pensionable service reckonable by the officer concerned; and

(b) may, if not so satisfied, but if satisfied that the transfer value represents, by reference to those methods and assumptions, a length of service not exceeding the relevant period, accept the payment and treat that length of service as pensionable service reckonable by the officer concerned,

and the police officer shall be treated for the purpose of calculating any award under these Regulations as having made pension contributions throughout the period of pensionable service credited under this paragraph.

(5) Where a police officer is credited under paragraph (4) with a period of pensionable service that is shorter than the relevant period, the period of service credited shall be treated for the purpose of any award under these Regulations as being a continuous period with the same concluding date as the relevant period.

(6) Where a police officer who is being credited under paragraph (4) with a period of pensionable service has previously been credited with an additional period of pensionable service calculated in accordance with regulation 12(2) and (3) or regulation 74(4) and (5) in respect of the relevant period, the Board may adjust the transfer value which they accept under this regulation to ensure that no part of the additional period of pensionable service which was previously credited is included in the period of pensionable service credited under paragraph (4).

(7) In this regulation—

“the assumed calculation date” means the date on which it is assumed, for the purpose of calculating a restitution payment, that a transfer value will be paid to the Board;

“the material date” means the date on which the Board is asked to provide the calculation of the restitution payment;

“personal pension scheme” and “public service pension scheme” have the meanings given by section 1(1) of the 1993 Act;

“the relevant period”, in relation to a police officer, means the total of any periods of opted out and transferred out service;

“restitution payment”, in relation to a police officer, means an amount equal to the sum of— the capitalised value at the material date, determined by the Board in accordance with methods and assumptions notified to them by the Scheme actuary for cash equivalent transfer values from occupational pension schemes (other than public service pension schemes), which would produce a service credit equal to his total period of opted out service, including the capitalised value of any rights under the Pensions (Increase) Acts[^f00031]; and the greater of— any transfer value paid to a personal pension scheme in respect of that police officer’s transferred out service by the Board under regulation 74(4) and (5), increased by interest calculated at a rate approved by the Scheme actuary over the period from the date of payment of that transfer value to the assumed calculation date; and the cash equivalent transfer value which would be payable by the Board in respect of that transferred out service if the Board were to pay a cash equivalent transfer value in respect of that service determined in accordance with methods and assumptions, notified to them by the Scheme actuary, applicable immediately after the assumed calculation date.

(8) For the purposes of this regulation, a police officer shall be taken—

(a) to have opted out if, for any period during which he is a member of the police service, he does not make contributions (including any additional or further contributions which he had previously elected to make) in respect of police pension rights but instead makes contributions to a personal pension scheme; and

(b) to have transferred out if a transfer value is paid in respect of him by the Board to a personal pension scheme,

and “opted out service” and “transferred out service” are to be construed accordingly.

Payment of awards

Board responsibility for payment of awards

77

(1) An award which is payable to or in respect of a person by reason of his having served as a police officer shall be payable by the Board.

(2) An award which is payable to or in respect of a pension credit member under Part 6, and any sum paid in commutation of such an award, is payable by the Board.

Payment and duration of awards

78

(1) Subject to the provisions of these Regulations, in particular of—

(a) regulation 29(4) and (5);

(b) regulation 30;

(d) regulations 48 to 52,

the pension of a police officer shall be payable in respect of each month as from the date of his retirement.

(2) Subject to the provisions of these Regulations, a survivor’s pension shall be payable in respect of each month as from the death of the police officer in respect of whom the award is payable or, in the case of a posthumous child such as is mentioned in regulation 37(1)(b)(ii), as from the birth of the child, except where the police officer in respect of whom the award is payable was in receipt of a pension and dies during a period in respect of which he has already received his pension, in which case the survivor’s pension shall not be payable before the end of that period.

(3) Subject to the provisions of these Regulations, in particular of—

(a) regulation 39(7)(b) and (c);

(b) regulation 40; and

a pension shall be payable for life and shall be discharged by payments in advance at such reasonable intervals as the Board may, in their discretion, determine, except that payment on account of a pension may be delayed, in whole or in part, pending the determination of any question as to the liability of the Board in respect of the pension, including any question as to the continuance of that liability.

(4) Where a person dies after receiving a sum paid in advance on account of a pension, neither that sum nor any part of it shall be recoverable although referable to a period after his death.

(5) Subject to the provisions of these Regulations, a gratuity or award by way of repayment of aggregate pension contributions shall become payable as soon as the entitlement to it arises and shall be paid forthwith in one sum and a lump sum payable upon the retirement of a police officer shall be paid within three months from the date of retirement, except that—

(a) any such payment on account may be delayed, in whole or in part, pending the determination of any question as to the liability of the Board to pay it; and

(b) where the Board is satisfied that it would be for the advantage of the beneficiary to pay a gratuity in instalments, they may pay it in instalments of such reasonable amounts and over such reasonable period as they think fit.

Payment of awards otherwise than to beneficiary and application of payments

79

(1) This regulation applies to the payment of any award to or in respect of a police officer or a pension credit member (whether a pension, gratuity or other award) and any reference in this regulation to the beneficiary is a reference to the person to whom, this regulation apart, the award is payable.

(2) Subject to the provisions of these Regulations, and in particular the following provisions of this regulation, an award shall be payable only to the beneficiary.

(3) Where the beneficiary is a minor the Board may if they think fit, in lieu of paying any sum on account of an award to the minor, pay it to such other person as they may determine; and a person who receives any sum in pursuance of this paragraph shall, subject to and in accordance with any directions of the Board, apply that sum for the benefit of the minor.

(4) On the death of the beneficiary to whom a sum is due on account of an award which does not exceed £5,000 or such higher amount as may from time to time be prescribed for the purposes of section 6 of the Administration of Estates (Small Payments) Act 1965[^f00032], the Board may, without probate, confirmation or any other formality or proof of title, pay the sum to the persons appearing to the Board to be beneficially entitled to the personal estate of the deceased or, as the Board think fit, pay the said sum to one or more of those persons or distribute it among all or any of those persons in such proportions as the Board may determine.

(5) Where it appears to the Board that a beneficiary is by reason of mental disorder or otherwise incapable of managing his affairs, in lieu of paying any sum on account of an award to that beneficiary—

(a) they may, in their discretion, pay it in whole or in part to a person having the care of the beneficiary or such other person as they may determine; and

(b) in so far as they do not so discharge their liability in respect of that sum, the Board shall apply it in such manner as they think fit for the benefit of the beneficiary or his dependants,

and a person who receives any sum in pursuance of sub-paragraph (a) shall, subject to and in accordance with any directions of the Board, apply it for the benefit of the beneficiary or his dependants.

(6) Where, as a result of any fraud, theft or negligence on the part of a police officer in connection with his service as such, a loss has occurred to the fund out of which an award is payable to him, in lieu of paying the whole or any part of any sum on account of the award to that beneficiary, the Board may, if they think fit but subject to paragraph (7), apply it in making good the loss by retaining it in that fund:

Payment on behalf of officers of lifetime allowance charge

80

(1) A police officer may request the Board to pay on his behalf any amount that is payable by way of the lifetime allowance charge under section 214 of the Finance Act 2004[^f00033] when—

(a) an event that is a benefit crystallisation event listed in the table in section 216(1) of that Act[^f00034] occurs in relation to him, and

(b) the officer and the authority are jointly and severally liable in relation to that event.

(2) Such a request may only be made by notice in writing given before the event occurs.

(3) The authority may comply with such a request only if the officer pays the authority the amount in question on or before the date on which the event occurs.

Reduction of benefits where lifetime allowance charge payable

81

(1) This regulation applies if—

(a) an event that is a benefit crystallisation event listed in the table in section 216(1) of the Finance Act 2004 occurs in relation to a police officer;

(b) the officer and Board are jointly and severally liable in relation to that event; and

(c) no request has been duly made under regulation 80 in relation to the event or, if such a request has been made, the authority is prevented from complying with it by paragraph (3) of that regulation.

(2) Where this regulation applies—

(a) the Board shall pay any of the tax payable on the event;

(b) the benefits payable to or in respect of the officer, or the transfer payment in the case of event 8 in the table in section 216(1) of the Finance Act 2004, shall be reduced to reflect fully the amount of tax payable; and

(c) the amount of the reduction shall be determined in accordance with guidance provided by the Secretary of State and, in the case of any reduction to pension benefits, consistent with normal actuarial practice.

PART 9 — SPECIAL CASES

Servicemen

Interpretation

82

(1) In regulations 82 to 88—

“relevant service in the reserve forces” means service in pursuance of a training obligation under sections 38, 40 and 41 of the Reserve Forces Act 1980 or Part III of the Reserve Forces Act 1996[^f00035]or by virtue of a call out for permanent service or a recall under Part VII of the said Act or the Reserve Forces Act 1980[^f00036];

“the reserve forces” means those forces specified in section 1(2) of the Reserve Forces Act 1996;

“serviceman” means a person who immediately before undertaking a period of relevant service in the reserve forces was a police officer.

Awards to servicemen

83

(1) Subject to regulation 88, this regulation applies to a serviceman who at the end of his period of relevant service in the reserve forces is or was permanently disabled for the performance of the ordinary duties of a member of the police service.

(2) A serviceman to whom this regulation applies shall be entitled—

(a) to an ill-health pension under regulation 26 on the same conditions in all respects as if he were such a police officer as is mentioned in paragraph (1) of that regulation; or

(b) where he does not meet the condition specified in regulation 26(3)(a)(i), to an award by way of repayment of his aggregate pension contributions under regulation 31.

Survivors’ awards on death of servicemen

84

(1) Subject to regulations 85 and 89, paragraph (2) applies in a case in which a serviceman who fulfils the qualifying service criterion—

(a) dies or has died during his period of relevant service in the reserve forces; or

(b) having been permanently disabled for the performance of the ordinary duties of a member of the police service at the end of that period (without any intervening period of service as such) dies or has died while in receipt of a pension granted in pursuance of regulation 83(2)(a).

(2) In a case in which this paragraph applies—

(a) an adult survivor of that serviceman (had he been a police officer) such as is mentioned in regulation 37(1)(a) shall be entitled to an adult survivor’s pension, and

(b) a child survivor of that serviceman (had he been a police officer) such as is mentioned in regulation 37(1) (b), shall be entitled to a child survivor’s pension under regulation 36, on the same conditions in all respects as if he had been a police officer who had died in the circumstances mentioned in that regulation.

Prevention of duplication

85

Regulation 46 shall apply in relation to a pension in pursuance of regulation 84 as if , after the words “under regulation 36” in regulation 46 there were inserted the words “ or regulation 84”.

Application of regulations 41, 42 and 43

86

(1) In the case of a serviceman who dies while in receipt of a pension or while entitled to a deferred pension, whether or not that pension has come into payment, and whose death results from an injury received during his period of relevant service in the reserve forces, regulation 41 shall apply as it applies in the case of a police officer who so dies and whose death results from an injury received in the execution of his duty.

(2) In the case of a serviceman who dies during his period of relevant service in the reserve forces, regulations 42 and 43 shall apply as they apply in the case of a police officer who dies while serving as such.

Servicemen who do not resume service in the police service

87

Where a serviceman who ceased to serve as a police officer in order to undertake a period of relevant service in the reserve forces does not or did not resume service in the police service within a month of the end of that period, he shall be treated for the purposes of these Regulations as having ceased to serve as a police officer as from the end of his period of relevant service in the reserve forces.

Pensionable service and pension contributions

88

(1) A serviceman who ceased to serve as a police officer in order to undertake a period of relevant service in the reserve forces shall be entitled to reckon that period as pensionable service in the police service, subject to paragraph (2).

(2) Regulations 83, 84 and 86 shall have effect in the case of a serviceman who ceased to serve as a police officer in order to undertake a period of relevant service in the reserve forces only if he pays or has paid pension contributions (other than additional or further pension contributions) to the Board, as though he had remained a police officer in respect of his period of relevant service in the reserve forces (and those regulations shall have effect notwithstanding that pension contributions are not or have not been paid as aforesaid by a serviceman in respect of any period during which his service pay is less than his pensionable pay).

(3) In the case of a serviceman who ceased to serve as a police officer in order to undertake a period of relevant service in the reserve forces and who immediately before he so ceased to serve was making periodical contributions in accordance with an election under regulation 53 (election to purchase increased benefits)—

(a) his liability to make those contributions to the Board shall continue during such period of relevant service in the reserve forces; and

(b) regulation 57 shall apply as if, after the words “Part 4” in paragraph (1) of that regulation, there were inserted the words “or Part 9”,

as though he had remained a police officer.

Former members of police force in Great Britain

Former members of a police force in Great Britain

89

(1) This regulation shall apply in the case of a police officer who has been a member of a police force in Great Britain and—

(a) has transferred to the police service in accordance with regulation 72(b); or

(b) has retired from or otherwise ceased to serve in his former force, and subsequently joins the police service at a time when no pension by reason of his service in that force is in payment to him.

(2) Where such a police officer is entitled to reckon pensionable service in a police force in Great Britain then, except where the context otherwise requires, these Regulations including in particular regulations 8, 9, 10, and 88 shall have effect as if anything done by him or in his case, under or for the purposes of a provision of Great Britain police pensions legislation which corresponds to a provision of these Regulations had been done under or for the purposes of that corresponding provision, and accordingly his pensionable service in a police force in Great Britain shall be reckonable as if the officer had been a member of the police service.

(3) Paragraph (2) is subject to the police officer concerned making any appropriate payment to the Board in accordance with regulation 10.

Members of the Police Service of Northern Ireland transferring to a police force in Great Britain

90

(1) Where a police officer has left the police service and joined a police force in Great Britain and the police authority of the police force in question is contingently liable to make payments to him under the pensions legislation of Great Britain, regulation 73 shall have effect.

(2) In relation to a person to whom an ill-health pension is payable under Part 4, regulation 73(5) shall have effect as if the expression “the police service” included a police force in Great Britain.

(3) In relation to a person to whom a pension is payable under Part 4, regulation 74 shall have effect as if the expression “the police service” included a police force in Great Britain.

Members of the Police Service of Northern Ireland Reserve (Full-time)

91

(1) These Regulations shall apply to members of the Police Service of Northern Ireland Reserve (Full-time) subject to the modifications in paragraphs (2) and (3).

(2) Unless the context otherwise requires, in these Regulations reference to—

“police officer” shall be read as a reference to a reserve officer;

“police service” shall be read as a reference to the Police Service of Northern Ireland Reserve (Full-time);

“1988 Regulations” shall be read as a reference to those Regulations as applied to the Police Service of Northern Ireland Reserve (Full-time) by the Royal Ulster Constabulary Reserve (Full-time) Pensions Regulations 1994[^f00037].

(3) Regulations 82 to 90 shall not apply.

Amendment of the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006

92

Schedule 5 which amends the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006[^f00038], has effect.

SCHEDULE 1 — GLOSSARY OF EXPRESSIONS

In these Regulations, unless the context otherwise requires—

“the 1988 Regulations” means the Royal Ulster Constabulary Pensions Regulations 1988[^f00039];

“the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993[^f00040];

“the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland ) Order 1999[^f00041];

“the 2005 Regulations” means the Police Service of Northern Ireland Regulations 2005[^f00042];

“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—is financially dependent on that officer; orthey 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);

“automatic enrolment date” has the meaning given by section 3(7) (automatic enrolment) of the Pensions (No.2) Act (Northern Ireland) 2008.

“automatic re-enrolment date” means a date determined in accordance with regulation 12 of the Occupational and Personal Pensions schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010.

“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[^f00043];

“ceasing to serve” includes—voluntarily ceasing to serve as a police officer;resignation from the police service; anddismissal,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[^f00044];

“Conduct Regulations” means the Royal Ulster Constabulary (Conduct) Regulations 2000[^f00045] and the Royal Ulster Constabulary (Conduct) (Senior Officer) Regulations 2000[^f00046];

“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 NCA officer it means any period of maternity leave taken by that employee whilst employed by the NCA ...;

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

“NCA” means the National Crime Agency;

“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 NCA officer it means any period of parental leave taken by that employee whilst employed by the NCA ...;

“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[^f00047], or any other part-time service as a regular police officer or part-time employment as a specified NCA officer ...;

“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[^f00048] of the 1993 Act;

“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995[^f00049];

“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;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

Increase of awards by reference to the Pensions (Increase) Acts

47

Revision and withdrawal or forfeiture of awards

Review and cancellation of pensions payable on the ground of permanent disablement

48

Withdrawal of pension during service as a police officer

49

Reduction of pension in case of default

50

Withdrawal of early payment of deferred pension

51

Forfeiture of pension

52

PART 5 — PURCHASE OF INCREASED BENEFITS

Election to purchase increased benefits

53

Acceptance and effect of elections

54

Lump-sum payments

55

Payment by periodical contributions

56

Reckoning of increased benefits

57

PART 6 — PENSION SHARING: PENSION CREDIT MEMBERS

Pension credit member’s entitlement to pension

58

Commutation of the pension credit benefit on the ground of serious ill-health

59

Death grants where pension credit member dies before pension credit benefits payable

60

Application of general regulations

61

PART 7 — MEDICAL QUESTIONS AND APPEALS

Eligibility for awards – general

Eligibility for awards - general

62

Appeals

Appeals

63

Limitations on appeals

64

Decisions on eligibility for pension awards payable on the ground of permanent disablement

Reference to selected medical practitioner - eligibility for pension awards payable on the ground of permanent disablement

65

Appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement

66

Medical questions - permanent disablement

Reference of medical questions - permanent disablement

67

Appeal to independent medical referee

68

Further reference to medical authority

69

Procedure and costs on appeals under regulation 68

70

Refusal to be medically examined

71

PART 8 — TRANSFER VALUES, PAYMENT, ETC

Interpretation

Interpretation - transfers

72

Certificates of pensionable service on transfer between forces or rejoining the police service

Certificates of pensionable service

73

Transfer values payable on leaving the police service or ceasing to make pension contributions

Transfer values payable on leaving the police service or ceasing to make pension contributions

74

Prohibition on accepting or paying transfer values for pension credit rights

75

Mis-sold pensions

Mis-sold pensions

76

Payment of awards

Board responsibility for payment of awards

77

Payment and duration of awards

78

Payment of awards otherwise than to beneficiary and application of payments