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The Police Pensions (Amendment) Regulations (Northern Ireland) 2017

S.R. 2017/26 · Made 23 January 2017

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.

Public Service Pensions

Made 23rd January 2017

Coming into operation 31st March 2017

The Department of Justice makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(g)f1, 2(1) and 3(1),(2),(3)(a) and (b) and (4) of the Public Service Pensions Act (Northern Ireland) 2014f2.

In accordance with section 21 of that Act, the Department of Justice 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 has consented to the making of these Regulations.

Annotations to the whole text

Footnotes

f1

See also section 1(3) of, and Schedule 1 to, the Act.

f2

2014 c.2 (N.I).

Contents

  1. 1Citation, commencement and effect
  2. 2Amendment of the Police Pensions Regulations (Northern Ireland) 2015
  3. 3Amendment of the Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993
  4. Signature
  5. Schedule 1: Amendment of the Police Pensions Regulations (Northern Ireland) 2015
  6. 1The Police Pensions Regulations (Northern Ireland) 2015
  7. 2The Police Pensions Regulations (Northern Ireland) 2015
  8. Schedule 2: Amendment of the Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993
  9. 1The Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993
  10. 2The Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993
  11. Explanatory note

1Citation, commencement and effect

(1)

These Regulations may be cited as the Police Pensions (Amendment) Regulations (Northern Ireland) 2017.

(2)

These Regulations come into operation on 31st March 2017 and have effect from 1st April 2015.

2Amendment of the Police Pensions Regulations (Northern Ireland) 2015

The Police Pensions Regulations (Northern Ireland) 2015f1 shall be amended in accordance with Schedule 1.

3Amendment of the Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993

The Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993f1 shall be amended in accordance with Schedule 2.

Signature

Sealed with the Official Seal of the Department of Justice on 23rd January 2017.

L.S.

Claire Sugden

Minister of Justice

The Department of Finance has consented to the making of these Regulations.

Sealed with the Official Seal of the Department of Finance on 23rd January 2017.

L.S.

Emer Morelli

A senior officer of the Department of Finance

1The Police Pensions Regulations (Northern Ireland) 2015

The Police Pensions Regulations (Northern Ireland) 2015 are amended in accordance with paragraph 2.

2The Police Pensions Regulations (Northern Ireland) 2015

In regulation 2 (interpretation)—

(a)

in the definition of “final pay” for “Chapter 5” substitute “Chapter 7”;

(b)

for the definition of “index adjustment” substitute—

““index adjustment” means—

(a)

in relation to the opening balance of earned pension for any scheme year (other than the opening balance of club transfer earned pension) means the change in prices for the previous scheme yearf1 plus 1.25%; and

(b)

in relation to the opening balance of club transfer earned pension for any scheme year means the in-service revaluation index that the sending scheme would have applied to that amount of earned pension for that scheme year, had the earned pension not been transferred;”;

(c)

in the definition of “pension supervising authority for “Part 2.” substitute “regulation 208;”

1The Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993

The Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993 are amended in accordance with paragraph 2.

2The Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993

Regulation 3(4) (making and acceptance of elections) is revoked.

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Police Pensions Regulations (Northern Ireland) 2015 (“the 2015 Regulations”) and the Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993 (“the 1993 Regulations”).

Regulation 2 and Schedule 1 make technical amendments to the Police Pensions Regulations (Northern Ireland) 2015. In Schedule 1 paragraph 2(a) (definition of “final pay”) is amended to correct a typographical error; paragraph 2(b) (index adjustment) corrects an ambiguity in the definition of “index adjustment” in the 2015 Regulations, to reflect the policy intent across all public sector schemes and paragraph 2(c) clarifies the legislative reference to a “pension supervising authority”.

Paragraph 2 of Schedule 2 amends a minor omission by the Police Pensions (Additional Voluntary Contributions) (Amendment) Regulations (Northern Ireland) 2016 (“the 2016 Regulations”) as identified by the Examiner of Statutory Rules. Regulation 3 of the 2016 Regulations substituted a new regulation 11 (retirement pensions) for existing regulation 11 of the 1993 Regulations. Regulation 3(4) of the 1993 Regulations provides that a pension election under regulation 11(2) made after retirement may be accepted only if the Policing Board is satisfied as mentioned in regulation 11(2). As regulation 11(2) no longer makes provision for pension elections regulation 3(4) of the 1993 Regulations is revoked.