The Police Pensions Regulations (Northern Ireland) 2015
S.R. 2015/113 · Made 2 March 2015 · Extends to Northern Ireland
Public Service Pensions
Made 2nd March 2015
Coming into operation 1st April 2015
The Department of Justice makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(g) M1, 2(1), 3(1), (2) and (3)(a) and (c) and (4) , 4(3) and (5) as read with 4(1), 5(3)(c) as read with 5(1), 7(1), 8(1)(a) M2, 12(6) and (7) M3 and 18(5) to (8) of, and paragraph 7 of Schedule 2, Schedule 3, and paragraphs 1(2)(ii) and 2(2)(ii) and 5(1) of Schedule 7 to, the Public Service Pensions Act (Northern Ireland) 2014 M4.
In accordance with section 21 of the Act, the Department of Justice has consulted the representatives of such persons as appear to the Department 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.
Annotations to the whole text
Marginal citations
- M1
See also section 1(3) of and Schedule 1 to, the Act;
- M2
See also section 8(2)(a) and (4) of the Act;
- M3
See also section 12(1) to (3) and (5). Section 12 of the Act comes into operation on 1st April 2015.
- M4
2014. c35.
Contents
- Part 1: Preliminary
- 1Citation, commencement and effect
- 2Interpretation
- Part 2: Establishment of scheme for members of the police service
- 3Establishment of scheme
- 4Members of the police service
- Part 3: Governance
- 5Police pension authority
- 6Scheme manager
- 7Scheme manager approval
- 8Delegation
- 9Scheme manager's obligation to pass on member's records
- 10Police Pension Board: establishment
- 11Police Pension Board: membership
- 12Police Pension Board: procedure
- 13Police Pension Board: conflicts of interest
- 14Payment of fees and expenses
- 15Scheme advisory board: establishment
- 16Scheme advisory board: membership
- 17Scheme advisory board: conflicts of interest
- Part 4: Scheme membership
- Chapter 1: Active membership
- 18Eligible Service
- 19Periods of unpaid leave
- 20Period of permanent service
- Chapter 2: Automatic Enrolment
- 21Application of Chapter
- 22Interpretation of Chapter
- 23Automatic enrolment
- 24Opting into this scheme
- 25When an opt-in takes effect
- 26Automatic re-enrolment
- 27Opting out of this scheme
- 28Opting out before the end of the initial period of eligible service
- 29Opting out after the initial period of eligible service
- Chapter 3: Pensionable earnings and assumed pay
- 30Pensionable earnings
- 31Pensionable earnings during a period of assumed pay
- Chapter 4: Eligibility for payment of ill-health benefits.
- 32Interpretation
- 33Determination of eligibility for payment of ill-health benefits
- 34Re-determination of eligibility for payment of ill-health benefits
- 35Reduced rate of member contributions
- 36Selected medical practitioner's report
- 37Appeal against selected medical practitioner's report
- 38Revised report by third registered medical practitioner
- 39Refusal to be medically examined
- 39AElections and Chapter 4A
- Chapter 4A: Ill-health benefits 2015 – 2024
- 39BApplication of this Chapter
- 39CProvision of information
- 39DTime period for election application
- 39EScheme manager notifications
- 39FRevised contributions
- 39GEffect of failing to make an election application
- 39HNumber of elections
- 39IEffect of compliance with this Chapter
- Chapter 5: Deferred membership
- 40Meaning of “deferred member”
- Part 5: Pension accounts
- Chapter 1: Accrued pension
- 41Descriptions of accrued pension
- 42Calculation of amount of accrued pension for purpose of deferment or retirement
- Chapter 2: Calculation of adjustments
- 43Calculation of “retirement index adjustment”
- 44Calculation of “retirement PIA index adjustment”
- 45Determination of “the age addition”
- 46Determination of “the assumed age addition”
- 47Actuarial reduction on early payment of pension (early payment reduction)
- 48Late payment supplement
- Chapter 3: Pension accounts: general
- 49Establishment of pension accounts: general
- 50Closure and adjustment of pension accounts on transfer out
- Chapter 4: Active member's account
- 51Application of Chapter
- 52Establishment of active member's account
- 53Receipt of a transfer value payment
- 54Receipt of a club transfer value payment
- 55Amount of pension for a scheme year
- 56Opening balance, index adjustment, PIA Index adjustment and age addition
- 57Closure and re-establishment of active member's account
- 58Active member's account to remain open during periods of unpaid leave
- 59Adjustment of active member's account after period of unpaid family leave or unpaid sick leave
- Chapter 5: Deferred member's account
- 60Application of Chapter
- 61Establishment of deferred member's account
- 62Provisional amount of deferred pension
- 63Adjustment of provisional amount
- 64Closure of deferred member's account after gap in service not exceeding 5 years
- Chapter 6: Retirement account
- 65Establishment of retirement account
- 66Amount of retirement earned pension and retirement added pension
- 67Closure of retirement account
- Chapter 7: Pension accounts for pension credit members
- 68Establishment of pension credit member's account
- 69Other pension accounts
- Part 6: Retirement on grounds of permanent medical unfitness
- Chapter 1: General
- 70Application of Part
- 71Police pension authority
- 72Medical unfitness
- 73Permanent medical unfitness
- 74Decision of selected medical practitioner
- 75Refusal to be medically examined or attend interviews
- 76A report under this Part
- Chapter 2: Compulsory ill-health retirement
- 77Application of Chapter
- 78Member of the police service engaged on relevant service
- 79Referral of medical questions for purpose of regulation 80
- 80Compulsory retirement on grounds of permanent medical unfitness
- 81Compulsory retirement of member who was required to continue to serve
- 82Compulsory retirement void if appeal is successful
- Chapter 3: Early payment of full retirement pension on grounds of permanent medical unfitness
- 83Application of Chapter
- 84Referral of medical questions for purpose of early payment of full retirement pension on grounds of permanent medical unfitness
- Part 7: Retirement benefits
- Chapter 1: General
- 85Application of Part
- 86Qualifying service
- 87Descriptions of full retirement pension
- Chapter 2: Full retirement benefits
- 88Entitlement to full retirement pension (active members)
- 89Entitlement to full retirement pension (deferred members)
- 90Claim for payment of full retirement pension (active members)
- 91Notice period for active members
- 92Full retirement pension payable at member's state pension age (deferred members)
- 93Full retirement pension payable early on grounds of permanent medical unfitness (deferred members)
- 94Claim for early payment of full retirement pension otherwise than on grounds of permanent medical unfitness (deferred members)
- 95Members who have been dismissed or required to resign
- 96Annual rate of full retirement pension (active members)
- 97Annual rate of full retirement pension (deferred members)
- 98Full retirement pension ceasing to be payable
- Chapter 3: Ill-health pension
- 99Payment thresholds
- 100Entitlement to payment of ill-health pension
- 101Payment of ill-health pension
- 102Annual rate of ill-health pension under this scheme
- 103Deferment of added pension attributable to recent payments
- Chapter 4: Reduction of ill-health benefits
- 104Referral of medical question for purpose of reduction of benefits
- 105Reduction of pension in case of default
- 106Refusal to be medically examined
- 107Decision of scheme manager void if appeal against decision of selected medical practitioner is successful
- Chapter 5: Review of Ill-health benefits
- 108Review of lower tier ill-health pension
- 109Cancellation of lower tier ill-health pension if medical unfitness ceases
- 110Entitlement to enhanced upper tier ill-health pension following claim for payment
- 111Entitlement to enhanced upper tier ill-health pension following periodic review
- 112Review and cancellation of enhanced upper tier ill-health pension
- 113Cancellation of ill-health pension: failure to receive appropriate medical treatment
- 114Review and cancellation of full retirement pension which came into payment early on the grounds of permanent medical unfitness
- 115Referral of medical questions for purpose of a review
- 116Refusal to be medically examined
- 117Decision of scheme manager void if appeal against decision of selected medical practitioner is successful
- Chapter 6: Payment options
- 118Options under this Chapter
- 119Exercising an option under this Chapter
- 120Option to buy out early payment reduction
- 121Option to defer payment of retirement added pension
- 122Option to commute part of pension
- Part 8: Benefits for pension credit members
- 123Interpretation
- 124Entitlement to pension credit member's pension
- 125Claim for payment of pension credit member's pension
- 126Payment of pension credit member's pension
- 127Annual rate of pension credit member's pension
- 128Pension credit member's rights
- 129Option for pension credit member to commute part of pension
- 130Option for pension credit member to commute whole pension (serious ill-health)
- 131Application of Part to pension adjustment orders
- Part 9: Death benefits
- Chapter 1: Application of Part
- 132Application of Part
- Chapter 2: Pensions for surviving adults
- 133Surviving adults
- 134Meaning of “surviving adult partner”
- 135Meaning of “surviving adult's pension”
- 136Entitlement to surviving adult's pension
- 137Surviving adult's pension payable in respect of pension debit member
- 138Annual rate of surviving adult's pensions payable on death of pensioner member
- 139Annual rate of surviving adult's pensions payable on death of deferred member
- 140Annual rate of surviving adult's pensions payable on death of active member
- 141Reduction in pensions in cases of wide age disparity
- Chapter 3: Pensions for eligible children
- 142Meaning of “eligible child's pension”
- 143Meaning of “eligible child”
- 144Eligible child's pension
- 145Annual rate of eligible child's pension
- Chapter 4: Payment of pensions for surviving adults and eligible children
- 146Payment of pensions under this Part
- 147Suspension and recovery of pensions paid under this Part
- 148Provisional payment of eligible child's pensions: later adjustments
- 149Adjustment of benefits to comply with the 2004 Act where members die over 75
- 150Guaranteed minimum pensions for surviving spouses and civil partners
- Chapter 5: Nominations for lump sum death grants
- 151Nominations for lump sum death grants
- 152Invalid nominations of individuals
- 153Recovery of payment if nomination found to be invalid
- Chapter 6: Payment of lump sum death grants
- 154Payment of lump sum death grants: general
- 155Persons who may be paid lump sum death grant
- 156Pension protection lump sum death benefit
- 157Payment of pension instead of lump sum death grant for members who have reached 75
- Chapter 7: Amount of lump sum death grant
- 158Meaning of “final pay”
- 159Meaning of “annualised final pay”
- 160Amount of lump sum death grant payable on death of active member
- 161Amount of lump sum death grant payable on death of pension credit member
- 162Amount payable under court order to former spouse or civil partner
- Chapter 8: Death gratuities
- 163Application of Chapter
- 164Death gratuities - dependants
- 165Death gratuity – estate
- Chapter 9: Prevention of duplication of benefits
- 166Payment of one benefit only in respect of deceased member
- Part 10: Contributions
- 167Amount of pensionable earnings
- 168Annualised rate of pensionable earnings
- 169Rate of member's contributions
- 170Payment of member contributions
- 171Option to pay member contributions for period of unpaid leave
- 172Payment of member contributions for unpaid leave
- 173Employer contributions
- 174Deduction of payments for added pension under Schedule 3
- 175Refund of all member contributions and payments for added pension made by the member
- 176Member repays refund of contributions on rejoining this scheme
- Part 11: Transfers
- Chapter 1: Preliminary
- 177Application of Part
- 178Interpretation of Part
- Chapter 2: Transfers out
- 179Transfer payments made to other schemes or pension arrangements
- 180Application for a statement of entitlement
- 181Statement of entitlement
- 182Request for transfer payment to be made
- 183Calculating the amount of a transfer value or club transfer value
- 184Request for transfer out after member repays to scheme manager a refund received under regulation 183
- 185Effect of transfers-out
- Chapter 3: Transfers in
- 186Application of Chapter
- 187Interpretation of Chapter
- 188Request for acceptance of a transfer payment
- 189Transfer statement
- 190Amount of transferred pension
- 191Club transfer statement
- 192Amount of club transfer earned pension
- Chapter 4: England and Wales and Scotland transfers
- 193Interpretation
- 194Transfers out
- 195Transfers in
- Part 12: Actuarial valuations and employer cost cap
- 196Appointment of scheme actuary and actuarial valuations
- 197Employer cost cap
- Part 13: Supplementary
- Chapter 1: Dual capacity members
- 198Meaning of “dual capacity member”
- 199Payment of benefits to or in respect of a dual capacity member
- Chapter 2: Payment of benefits: general
- 200Reduction in pension debit member's benefits
- 201Late payment of retirement index adjustment or retirement PIA index adjustment
- 202Commutation of small pensions
- Chapter 3: Guaranteed minimum pensions
- 203Interpretation and application
- 204Guaranteed minimum under section 10 of the 1993 Act
- 205Contracting-out rights
- Chapter 4: Appeals in relation to the payment of benefits
- 206Appeals to the Department
- 207Limitation on appeals against decision of scheme manager
- Chapter 5: Forfeiture and set-off
- 208Pension supervising authority
- 209Forfeiture: offences committed by members
- 210Forfeiture: offences committed by a member's beneficiary
- 211Forfeiture: relevant monetary obligations and relevant monetary losses
- 212Set-off
- 213Forfeiture and set-off: procedure
- 214Forfeiture: appeals to the Department
- Chapter 6: Payment and deduction of tax
- 215Scheme manager to be scheme administrator for purposes of Part 4 of Finance Act 2004
- 216Payment on behalf of members of lifetime allowance charge
- 217Reduction of benefits where lifetime allowance charge payable
- 218Information about payment of annual allowance charge
- 219Reduction of benefits where annual allowance charge paid by scheme manager
- 219AVoluntary scheme pays arrangement
- Chapter 7: General
- 220General prohibition on unauthorised payments
- 221Calculation of periods of membership and service
- 222Procedure on appeals to the Department
- 223Evidence of entitlement
- 224Provision of benefit information statements to members
- 225Transitional provisions
- 226Consequential Amendment
- Signature
- Schedule 1: Medical decisions: appeals and reconsideration
- 1Interpretation
- 2Appeal against a decision of a selected medical practitioner
- 3Referral to the Independent Medical Referee
- 4Referral of final decision for reconsideration
- 5Referral to an appointed medical practitioner
- 6Appointment of appeal tribunal
- 7Procedure and costs on appeals to an appeal tribunal
- 8Hearing the appeal
- 9Written evidence or a written statement
- 10Costs payable if hearing is cancelled, adjourned or postponed
- 11Costs payable on decision
- Schedule 2: Progressive medical conditions
- The progressive medical conditions mentioned in regulation 110 are—
- Schedule 3: Payments for added pension
- Part 1: General
- 1Interpretation
- 2Meaning of “overall limit of added pension”
- 3Amount of accrued added pension may not exceed overall limit of added pension
- 4Refund of overpayments
- Part 2: Exercising the added pension option
- 5Added pension option exercisable by member
- Part 3: Periodical payments for added pension
- 6Application of Part
- 7Member's option to make periodical payments for added pension
- 8Cancellation of option by member
- 9Periodical payments
- 10Amount of added (self only) pension for a scheme year(periodical payments)
- 11Amount of added (all beneficiaries) pension for a scheme year (periodical payments)
- Part 4: Lump sum payments for added pension made by member
- 12Application of Part
- 13Member's option to make a lump sum payment for added pension
- 14Statement of amount of added pension
- 15Amount of added (self only) pension (lump sum payment)
- 16Amount of added (all beneficiaries) pension (lump sum payment)
- Schedule 4: Transitional provisions
- Part 1: General
- 1Interpretation
- 2Meaning of “tapered protection closing date”
- 3Pensionable service under a police scheme
- 4Continuity of service (1988 transition members)
- 5Continuity of service (2006 transition members)
- 6Meaning of “active member” of the 1988 scheme or the equivalent 1987 Great Britainpolice pension scheme
- 7Meaning of “active member” of the 2006 scheme or the equivalent 2006 England and Wales police pension scheme or 2006 Scotland police pension scheme.
- 8Meaning of “active member” of an existing scheme
- Part 2: Exceptions for full protection members of the 1988 scheme
- 9Meaning of “full protection member” (the 1988 scheme)
- 10Exception for full protection member during protection period
- 11Active member of the 1988 scheme on scheme closing date
- Part 3: Exceptions for full protection members of the 2006 scheme
- 12Meaning of “full protection member” (the 2006 scheme)
- 13Exception for full protection member during protection period
- 14Active member of the 2006 scheme on scheme closing date
- Part 4: Exceptions for tapered protection members of the 1988 scheme
- 15Meaning of “tapered protection member” (the 1988 scheme)
- 16Exception for tapered protection members during protection period
- 17Active member of the 1988 scheme on scheme closing date
- Part 5: Exceptions for tapered protection members of the 2006 scheme
- 18Meaning of “tapered protection member” (the 2006 scheme)
- 19Exception for tapered protection members during protection period
- 20Active member of the 2006 scheme on scheme closing date
- Part 6: Payment of ill-health pension to transition members with continuity of service
- 21Meaning of “ill-health pension” in relation to the existing police pension scheme
- 22Meaning of “normal pension age under the existing police pension scheme”
- 23Transition member who has not reached normal pension age under the existing police pension scheme
- 24When transition member reaches normal pension age under the existing police pension scheme
- Part 7: Payment of death benefits in respect of transition members with continuity of service
- 25Annual rate of surviving adult's pension payable under this scheme when a 1988 transition member dies as a pensioner member
- 26Annual rate of surviving adult's pension payable under this scheme when a 2006 transition member dies as a pensioner member
- 27Annual rate of surviving adult's pension payable under this scheme when a 1988 transition member dies as a deferred member
- 28Annual rate of surviving adult's pensions payable under this scheme when a 2006 transition member dies as a deferred member
- 29Annual rate of surviving adult's pension payable under this scheme when a 1988 transition member dies as an active member
- 30Annual rate of surviving adult's pension payable under this scheme when a 2006 transition member dies as an active member
- 31Payment of eligible child's pension in respect of any transition member
- 32Lump sum death grant payable on death of active member
- 33Death gratuities – dependents
- 34Death gratuity– estate
- Part 8: Transitional provisions relating to the existing police pension scheme
- 35Pensionable service under the existing police pension scheme
- 36Becoming a deferred member of the existing police pension scheme
- 37Qualifying for benefits on retirement under the existing police pension scheme
- 38Refund of contributions under the existing police pension scheme
- 39Calculation of weighted accrual for ... service in the 1988 scheme
- 40Calculation of lump sum under the 1988 scheme
- 41Declaration under existing police pension scheme continues to have effect
- 42Nomination under the existing police pension scheme continues to have effect
- Part 9: Transfer of final salary benefits
- 43Meaning of “final salary benefit”
- 44Acceptance of club transfer value payments
- 45Joining this scheme or the 2006 scheme
- Part 10: Pensionable service after scheme closing date
- 46Transition member with continuity of service
- 47Active member of the 1987 Great Britain police pension scheme on scheme closing date who joins 1988 scheme
- 48Active member of the 1987 Great Britain police pension scheme on scheme closing date who joins 2006 scheme
- 49Active member of the 1988 scheme on scheme closing date
- 50Deferred member of 1988 scheme on scheme closing date
- 51Active member of the 2006 England and Wales police pension scheme on scheme closing date
- 52Active member of the 2006 Scotland police pension scheme on scheme closing date
- 53Active member of an existing scheme on the scheme closing date
- Schedule 5: Amendment of the Royal Ulster Constabulary Pensions Regulations 1988
- 1Paragraph 1
- 2Paragraph 2
- Explanatory note