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The Police Pensions (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780337999192

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Assembly under section 24 of the Public Service Pensions Act (Northern Ireland) 2014, for approval by resolution of the Assembly.

Public Service Pensions

Made xx xxxx 2016

Coming into operation 6th April 2016

The Department of Justice makes the following Regulations in exercise of the powers conferred by sections 1(1) and (2)(g), 2(1) and 3(1), (2), (3)(a) and (4) of the Public Service Pensions Act (Northern Ireland) 2014f1.

In accordance with section 21 of that Act, the Department has consulted the representatives of such persons as appear to it likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, the Department of Finance and Personnel has consented to the making of these Regulations.

Pursuant to section 24(1) and (3) of that Act, a draft of this instrument has been laid before and approved by a resolution of the Assembly.

Annotations to the whole text

Footnotes

f1

2014 c.2 (N.I.).

Contents

  1. 1Citation, commencement and expiry
  2. 2Interpretation
  3. 3Modification of contracting-out provisions
  4. Signature
  5. Explanatory note

1Citation, commencement and expiry

(1)

These Regulations may be cited as the Police Pensions (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016.

(2)

Regulation 3 comes into operation on the same day as paragraph 38 of Schedule 13 to the Pensions Act (Northern Ireland) 2015f1 comes into operation. On that day regulation 9 of the Police Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015f2 ceases to have effect.

2Interpretation

In these Regulations—

  • “the 2014 Act” means the Public Service Pensions Act (Northern Ireland) 2014;

  • “the new scheme” means the pension scheme established by regulations made under section 1(1) and (2)(g) of the 2014 Act; and

  • “the old scheme” means the pension schemes established by—

    1. (a)

      the Royal Ulster Constabulary Pensions Regulations 1988f1; or

    2. (b)

      the Police Pension (Northern Ireland) Regulations 2009f2;

regulations made under sections 25(2)(k) and 26(2)(g) of the Police (Northern Ireland) Act 1998f3.

3Modification of contracting-out provisions

After regulation 9 of the Police Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 insert—

“Protection of increases in guaranteed minimum pensions after abolition of contracting-out

9A.
(1)

Chapter 3 of Part 4 of the 1993 Act (protection for early leavers: protection of increases in guaranteed minimum pensions (“anti-franking”)) is modified as follows.

(2)

In the application of that Chapter to P as a member of the old scheme—

(a)

in section 83(1)(a)(i) (general protection principle), the reference to the time when P ceases to be in pensionable service under a scheme that was, before the second abolition date, a salary-related contracted-out scheme is to be taken as a reference to the time when P ceases to be in pensionable service in relation to the new scheme; and

(b)

subsequent references to “the cessation date” are to be construed accordingly.”.

Signature

Sealed with the Official Seal of the Department of Justice on xx xxxx 2016.

L.S.

David Ford

Minister of Justice

The Department of Finance and Personnel has consented to these Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on xx xxxx 2016.

L.S.

Name

A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

Chapter 3 of Part 4 of the Pension Schemes (Northern Ireland) Act 1993 (“the 1993 Act”) concerns “anti-franking”, or the protection of increases in guaranteed minimum pensions (“GMPs”) which contracted-out schemes had to provide until 1997. For this purpose, the Regulations provide that the “cessation date”, when a person ceases to be in contracted-out employment under the old scheme (and from which point GMPs may need to be increased) is treated as the date when the person leaves the new scheme, and not the date when they transfer from their old scheme to their new scheme. Regulation 9A includes a subsequent modification of the definition of “cessation date” in section 83 of the 1993 Act; that definition was amended by the Pensions Act (Northern Ireland) 2015 as part of the abolition of contracting-out.