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THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

S.R. 2009/79 · Made 2 March 2009 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2024.

These Regulations supersede SR 2007/476 and are being issued free of charge to all known recipients of that Statutory Rule.

Police

Made 2nd March 2009

Laid before Parliament 12th March 2009

Coming into operation 6th April 2009

C1The Secretary of State makes these Regulations, in exercise of the powers conferred on him by sections 25(2)(k) and 26(2)(g) of the Police (Northern Ireland) Act 1998f1 (“the 1998 Act”), with the consent of the Treasury in accordance with section 72(2A)f2 of that Act.

The Secretary of State has consulted with the Police Negotiating Board in accordance with section 62(3) of the Police Act 1996f3, and the Northern Ireland Policing Board and the Police Association in accordance with section 26(6) of the 1998 Act.

Annotations to the whole text

Modifications

C1

Regulations applied (with modifications) by S.R. 2009/79, reg. 91A, Sch. 4A (as inserted (1.4.2013) by The Police Pension (Northern Ireland) (Amendment) Regulations 2013 (S.R. 2013/36), reg. 1(2), Sch. paras. 7, 9)

Footnotes

f1

1998 c.32. The powers conferred by sections 25 and 26 are extended by Articles 14 and 15 of the Superannuation (Northern Ireland) Order 1972 (S.I.1972/1073 (N.I.10)) which enable regulations to have retrospective effect. Both sections have been modified by section 49 of the Police (Northern Ireland) Act 2000 (“2000 Act”) (c.32)

f2

This subsection was inserted by paragraph 23(6) of Schedule 6 to the 2000 Act

f3

1996 c.16. Modified by Section 49 of the 2000 Act

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and revocation
  3. 2Meaning of certain expressions and references – general provision
  4. 3Disablement
  5. Part 2: ELIGIBILITY FOR PENSION AWARDS, PENSIONABLE SERVICE AND RETIREMENT
  6. Eligibility for pension awards
  7. 4Application of Regulations
  8. 5Pension contributions payable by police officers
  9. 6Eligibility for pension awards payable on the ground of permanent disablement
  10. 7Election not to pay pension contributions
  11. Pensionable service
  12. 8Reckoning of pensionable service
  13. 9Previous service reckonable without payment
  14. 10Previous service reckonable on payment
  15. 11Reckoning of part-time service
  16. 12Service reckonable by reason of transfer value
  17. 13Reckoning of service for purposes of awards
  18. Retirement
  19. 14Retirement
  20. 15Voluntary retirement
  21. 16Compulsory retirement on account of age
  22. 17Compulsory retirement on the ground of efficiency of the police service
  23. 18Compulsory retirement on the ground of disablement
  24. 19Effective date of retirement
  25. Part 3: PENSIONABLE PAY AND CONTRIBUTIONS
  26. 20Pensionable pay
  27. 21Final pensionable pay
  28. 22Average pensionable pay
  29. 23Aggregate pension contributions for purposes of repayment
  30. Part 4: PENSION AWARDS
  31. Personal pensions
  32. 24Police officer’s ordinary pension
  33. 25Calculation of ordinary pension
  34. 26Police officer’s ill-health pension
  35. 27Calculation of standard ill-health pension
  36. 28Calculation of enhanced top-up ill-health pension
  37. 29Police officer’s deferred pension
  38. 30Early payment of deferred pension subject to actuarial reduction
  39. 31Repayment of aggregate pension contributions
  40. 32Deduction of tax from awards under regulation 7(4) or 31
  41. 33Pension debit members - personal awards
  42. 34Exchange of lump-sum for additional periodical payments
  43. 35Commutation of small pension for lump-sum
  44. Survivors’ pensions
  45. 36Survivors’ pensions - general provision
  46. 37Survivors
  47. 38Calculation of adult survivors’ pensions
  48. 39Calculation of child survivors’ pensions
  49. Guaranteed minimum pension
  50. 40Guaranteed minimum pension for the purposes of the Pension Schemes (Northern Ireland) Act 1993
  51. Awards on death - additional provisions
  52. 41Death gratuities - dependants
  53. 42Death gratuity - estate
  54. 43Lump-sum death grant
  55. 44Nomination for lump-sum death grant
  56. 45Pension debit members – awards on death
  57. 46Prevention of duplication
  58. 47Increase of awards by reference to the Pensions (Increase) Acts
  59. Revision and withdrawal or forfeiture of awards
  60. 48Review and cancellation of pensions payable on the ground of permanent disablement
  61. 49Withdrawal of pension during service as a police officer
  62. 50Reduction of pension in case of default
  63. 51Withdrawal of early payment of deferred pension
  64. 52Forfeiture of pension
  65. Part 5: PURCHASE OF INCREASED BENEFITS
  66. 53Election to purchase increased benefits
  67. 54Acceptance and effect of elections
  68. 55Lump-sum payments
  69. 56Payment by periodical contributions
  70. 57Reckoning of increased benefits
  71. Part 6: PENSION SHARING: PENSION CREDIT MEMBERS
  72. 58Pension credit member’s entitlement to pension
  73. 59Commutation of the pension credit benefit on the ground of serious ill-health
  74. 60Death grants where pension credit member dies before pension credit benefits payable
  75. 61Application of general regulations
  76. Part 7: MEDICAL QUESTIONS AND APPEALS
  77. Eligibility for awards – general
  78. 62Eligibility for awards - general
  79. Appeals
  80. 63Appeals
  81. 64Limitations on appeals
  82. Decisions on eligibility for pension awards payable on the ground of permanent disablement
  83. 65Reference to selected medical practitioner - eligibility for pension awards payable on the ground of permanent disablement
  84. 66Appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement
  85. Medical questions - permanent disablement
  86. 67Reference of medical questions - permanent disablement
  87. 68Appeal to independent medical referee
  88. 69Further reference to medical authority
  89. 70Procedure and costs on appeals under regulation 68
  90. 71Refusal to be medically examined
  91. Part 8: TRANSFER VALUES, PAYMENT, ETC
  92. Interpretation
  93. 72Interpretation - transfers
  94. Certificates of pensionable service on transfer between forces or rejoining the police service
  95. 73Certificates of pensionable service
  96. Transfer values payable on leaving the police service or ceasing to make pension contributions
  97. 74Transfer values payable on leaving the police service or ceasing to make pension contributions
  98. 75Prohibition on accepting or paying transfer values for pension credit rights
  99. Mis-sold pensions
  100. 76Mis-sold pensions
  101. Payment of awards
  102. 77Board responsibility for payment of awards
  103. 78Payment and duration of awards
  104. 79Payment of awards otherwise than to beneficiary and application of payments
  105. 80Payment on behalf of officers of lifetime allowance charge
  106. 81Reduction of benefits where lifetime allowance charge payable
  107. Part 9: SPECIAL CASES
  108. Servicemen
  109. 82Interpretation
  110. 83Awards to servicemen
  111. 84Survivors’ awards on death of servicemen
  112. 85Prevention of duplication
  113. 86Application of regulations 41, 42 and 43
  114. 87Servicemen who do not resume service in the police service
  115. 88Pensionable service and pension contributions
  116. Former members of police force in Great Britain
  117. 89Former members of a police force in Great Britain
  118. Members of the Police Service of Northern Ireland transferring to a police force in Great Britain
  119. 90Members of the Police Service of Northern Ireland transferring to a police force in Great Britain
  120. Members of the Police Service of Northern Ireland Reserve (Full-time)
  121. 91Members of the Police Service of Northern Ireland Reserve (Full-time)
  122. 91AMembers of the Police Service of Northern Ireland Reserve.
  123. 92Amendment of the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006
  124. Signature
  125. Schedule 1GLOSSARY OF EXPRESSIONS
  126. Schedule 2: APPLICATION OF REGULATIONS TO OFFICERS TO WHOM REGULATION 4(2) AND (3) APPLIES
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. 3Paragraph 3
  130. 4Paragraph 4
  131. 5Paragraph 5
  132. 6Paragraph 6
  133. 7Paragraph 7
  134. 8Paragraph 8
  135. 9Paragraph 9
  136. 10Paragraph 10
  137. 11Paragraph 11
  138. 12Paragraph 12
  139. 13Paragraph 13
  140. 14Paragraph 14
  141. Schedule 3: TRANSFER ELECTIONS UNDER REGULATION 4(8)
  142. 1Paragraph 1
  143. 2Paragraph 2
  144. 3Paragraph 3
  145. 4Paragraph 4
  146. 5Paragraph 5
  147. 6Paragraph 6
  148. 7Paragraph 7
  149. 8Paragraph 8
  150. 9Paragraph 9
  151. 10Paragraph 10
  152. 11Paragraph 11
  153. 12Paragraph 12
  154. 13Paragraph 13
  155. 14Paragraph 14
  156. 15Paragraph 15
  157. 16Paragraph 16
  158. 17Paragraph 17
  159. 18Paragraph 18
  160. 19Paragraph 19
  161. Schedule 4PROGRESSIVE MEDICAL CONDITIONS
  162. Schedule 4A
  163. 1Paragraph 1
  164. 2Paragraph 2
  165. 3Paragraph 3
  166. 4Paragraph 4
  167. 5Paragraph 5
  168. 6Paragraph 6
  169. 7Paragraph 7
  170. 8Paragraph 8
  171. 9Paragraph 9
  172. 10Paragraph 10
  173. 11Paragraph 11
  174. 12Paragraph 12
  175. 13Paragraph 13
  176. 14Paragraph 14
  177. 15Paragraph 15
  178. 16Paragraph 16
  179. 17Paragraph 17
  180. 18Paragraph 18
  181. 19Paragraph 19
  182. Schedule 5: AMENDMENT OF THE POLICE SERVICE OF NORTHERN IRELAND AND POLICE SERVICE OF NORTHERN IRELAND RESERVE (INJURY BENEFIT) REGULATIONS 2006
  183. 1Paragraph 1
  184. 2Paragraph 2
  185. 3Paragraph 3
  186. 4Paragraph 4
  187. 5Paragraph 5
  188. 6Paragraph 6
  189. 7Paragraph 7
  190. 8Paragraph 8
  191. 9Paragraph 9
  192. 10Paragraph 10
  193. 11Paragraph 11
  194. 12Paragraph 12
  195. 13Paragraph 13
  196. 14Paragraph 14
  197. 15Paragraph 15
  198. Explanatory note