The Police Service of Northern Ireland (Pensions) (Amendment) Regulations 2009

These regulations may be cited as the Police Service of Northern Ireland (Pensions) (Amendment) Regulations 2009.

These regulations come into operation on 27th April 2009, and have effect from 1st April 2006, except that—

In these regulations “the principal regulations” means the Royal Ulster Constabulary Pensions Regulations 1988^f2.

Regulation A14 of the principal regulations (transfers) is amended as follows.

In paragraph (1) after “construed” insert “in the case of a specified employee of SOCA, in accordance with paragraph (1A) and, in any other case,”.

After paragraph (1) insert—

“(1A)

A reference in these regulations to a member transferring to a police force in Great Britain shall, in the case of a specified employee of SOCA, be construed as his leaving SOCA for the purpose of becoming a regular policeman in Great Britain and becoming such a regular policeman, where he leaves SOCA—

(a)

after giving notice of such period as required by his contract of employment of his intention to do so to SOCA, or

(b)

after giving such shorter period of notice as may be agreed between the specified employee of SOCA and SOCA.”

In paragraph (2) at the beginning insert “Subject to paragraph (4)”.

After paragraph (3) insert—

“(4)

A reference in these regulations to a member having transferred from a police force in Great Britain shall, in the case of a specified employee of SOCA who, immediately before joining the National Criminal Intelligence Service or the National Crime Squad, was a regular policeman in Great Britain, be construed as his leaving SOCA for the purpose of becoming a member and his becoming a member, where he leaves SOCA—

(a)

after giving notice of such period as required by his contract of employment of his intention to do so to SOCA, or

(b)

after giving such shorter period of notice as may be agreed between the specified employee of SOCA and SOCA.”

Regulation A15 of the principal regulations (retirement) is amended as follows.

In paragraph (1) after “the NCIS or the NCS” insert “and subsequently becoming a specified employee of SOCA”.

After paragraph (1) insert—

“(1A)

A reference in these regulations to retirement includes, in the case of a specified employee of SOCA, the contract under which he is employed by SOCA being terminated.”

Omit paragraph (3).

Regulation A16 of the principal regulations (compulsory retirement on account of age) is amended as follows.

In paragraph (1) for “paragraph (2)” substitute “the following provisions of this regulation”.

After paragraph (2) insert—

“(3)

This regulation shall not apply to a specified employee of SOCA.”

Regulation A17 of the principal regulations (compulsory retirement on grounds of efficiency of the force) is amended as follows.

In paragraph (1) for “or assistant chief constable” substitute “, assistant chief constable or specified employee of SOCA.”

Regulation B1 of the principal regulations (member’s ordinary pension) is amended as follows.

For paragraph (2) substitute—

“(2)

Except in the circumstances mentioned in paragraph (3), this regulation shall not apply to a member where—

(a)

he is of the rank of superintendent or below, and he retires or retired without having given to the Board a month’s written notice of his intention to retire or such shorter notice as may have been accepted by the Board; or

(b)

he is of a rank above superintendent, and he retires or retired without having given to the Board three months' written notice of his intention to retire or such shorter notice as may have been accepted by the Board.”

In paragraph (3) for sub-paragraph (b) substitute—

“(b)

being a member who has been appointed for a fixed term under regulation 11 of the Police Service of Northern Ireland Regulations 2005, he retires or retired at the end of that appointment, or if such a term has been extended, at the expiry of the extension, or.”

Omit paragraph (3)(ba).

In paragraph (3), at the end of sub-paragraph (c) insert “or”, and after that sub-paragraph insert—

“(ca)

being a specified employee of SOCA, he retires or retired having given to SOCA notice of such period as required by his contract of employment of his intention to retire or after giving such shorter period of notice as may be agreed between the specified employee of SOCA and SOCA, or

(cb)

being a specified employee of SOCA, his contract of employment is or was terminated, or”.

In paragraph (5)(b), for “paragraph (2)(a) or (3)(b)” substitute “paragraph (2) or (3)(ca)”.

Regulation B7 of the principal regulations (commutation — general provisions) is amended as follows.

For “regulation B2(1)” substitute “regulation B2(1)(a) or having attained his relevant voluntary retirement age or, where he does not have a relevant voluntary retirement age, having attained the age of 65”.

Regulation E8 of the principal regulations (increase of widow’s pension or child’s allowance during first 13 weeks) is amended as follows.

In paragraph (2A)(b) at the end insert “or, in the case of a specified employee of SOCA, the equivalent allowances to which he was entitled under his contract of employment”.

Regulation E10 of the principal regulations (determination of amount of widow’s or child’s flat rate award) is amended as follows.

In paragraph (3)(b) for “he could have been required to retire on account of age” substitute “he attained his relevant voluntary retirement age, or where he would not have a relevant voluntary retirement age, until the age of 65”.

Regulation G1 of the principal regulations (pensionable pay and average pensionable pay) is amended as follows.

In paragraph (1) at the end insert “and during any period in which a member is a specified employee of SOCA, it means the pay at the rate to which he is or was then entitled under his contract of employment, account being taken of any retrospective increase in that rate”.

Regulation K1 of the principal regulations (cancellation of ill-health pensions) is amended as follows.

In paragraph (1)(b) omit “and”.

For paragraph (1)(c) substitute—

“(c)

would not have attained his relevant voluntary retirement age if he had continued so to serve or, where he would not have a relevant voluntary retirement age, has not attained the age of 65,”.

In paragraph (1) after sub-paragraph (c) insert—

“, and

(d)

he was not, immediately before he retired with the ill-health pension, a specified employee of SOCA,”.

Regulation K3 of the principal regulations (reduction of pension in case of default) is amended as follows.

For paragraph (a) substitute—

“(a)

this regulation shall not apply where the person concerned—

(i)

has been a member;

(ii)

is in receipt of an ill-health pension; and

(iii)

either—

(aa)

if he had continued to serve instead of retiring with that pension would have been entitled to reckon 25 years' pensionable service; or

(bb)

would have reached his relevant voluntary retirement age if he had continued so to serve or, where he would not have a relevant voluntary retirement age, has attained the age of 65; and”.

Schedule A to the principal regulations (Glossary of Expressions) is amended as follows.

After the definition of “average pensionable pay” insert—

• ““the Board” means the Northern Ireland Policing Board;”.

In the definition of “maternity leave” at the end insert “except that in relation to a specified employee of SOCA it means any period of maternity leave taken by that employee whilst employed by SOCA;”.

In the definition of “member” after “deputy chief constable” insert “and a specified employee of SOCA”.

In the definition of “parental leave” at the end insert “except that in relation to a specified employee of SOCA it means any period of parental leave taken by that employee whilst employed by SOCA;”.

In the definition of “part-time service” at the end insert “or any other part-time service as a member or part-time employment as a specified employee of SOCA”.

In the definition of “sick leave” at the end insert “except that in relation to a specified employee of SOCA it means any period of sick leave taken by that employee whilst employed by SOCA;”.

After the definition of “sick leave” insert—

• “SOCA” means the Serious Organised Crime Agency;

• “specified employee of SOCA” means—

  1. (a)

     an employee of SOCA who immediately before he last became an employee of SOCA was serving as the Director General of the National Crime Squad;

  2. (b)

     an employee of SOCA who immediately before he last became an employee of SOCA was serving as a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 by virtue of subsection (2)(a) of that section;

  3. (c)

     an employee of SOCA who immediately before he last became an employee of SOCA was serving as a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section;”.

Part III of Schedule B to the principal regulations (personal awards: member’s ill-health pension) is amended as follows.

In paragraph 5(1) for “he could be required to retire on account of age” substitute “he attained his relevant voluntary retirement age, or where he would not have a relevant voluntary retirement age, until the age of 65”.

In paragraph 5(2) for “he could be required to retired on account of age” substitute “he attained his relevant voluntary retirement age, or where he would not have a relevant voluntary retirement age, until the age of 65”.

Part VI of Schedule B to the principal regulations (personal awards: member’s deferred pension) is amended as follows.

In paragraph 1(b), for the words from “or until he could be required” to the end, substitute “, until he attained his relevant voluntary retirement age (if he would have one) or the age of 65, whichever is the earliest (here referred to as “hypothetical service”), and”.

Part I of Schedule F to the principal regulations (pensionable service and transfer values) is amended as follows.

In paragraph 1(1), for “becomes liable to be required to retire on account of age” substitute “attains his relevant voluntary retirement age, or where he does not have a relevant voluntary retirement age, the age of 65”.

Regulation 2 (interpretation) is amended as follows.

In paragraph (1)(b), for the definition of “retirement date” substitute—

• ““retirement date”—

  1. (a)

     in relation to the period from 1st February 1988 to 30th September 2006 and at any particular time during that period, means, in relation to a member, the date on which he could be required to retire on account of age if he continued to serve as such without change of rank, disregarding any postponement of that date under regulation A16(2) of the principal regulations effected after that time; and

  2. (b)

     from 1st October 2006, and at any particular time on or after 1st October 2006, means, in relation to a member—

     1. (i)

        the date on which he would attain his relevant voluntary retirement age under the principal regulations (if he has one) if he continued to serve as such without change of rank; or

     2. (ii)

        where he does not have a relevant voluntary retirement age, the date on which he attains the age of 65 years;”.

Part I of the Schedule (payments) is amended as follows.

Omit paragraph 3(2)(a).

In paragraph 3(2)(b), omit the words “(not being a person specified in paragraph (a))”.

In paragraph 4(2), omit the words “Class A”.

Regulation 2 (meaning of certain expressions and references — general provisions) is amended as follows.

The existing words become paragraph (1).

After that paragraph insert—

“(2)

For the purposes of these Regulations a specified employee of SOCA shall be deemed to be a member, except where the context otherwise requires.

(3)

In relation to a specified employee of SOCA—

(a)

a reference in these regulations to the force shall be construed as a reference to SOCA;

(b)

a reference in these regulations to the Board shall be construed as a reference to SOCA.”

Regulation 5 (injury received in the execution of duty) is amended as follows.

In paragraph (2), at the end of sub-paragraph (c) insert—

“or

(d)

being a specified employee of SOCA, he received the injury while exercising any of his powers outside the scope of his employment.”

After paragraph (3) insert—

“(3A)

In the case of a person who is a specified employee of SOCA, paragraphs (1) and (2) shall have effect as if references to duty, being on duty and the execution of duty were references to acting within the scope of his employment.

(3B)

In paragraph (2)(d), “powers” means any of the powers or privileges that the specified employee of SOCA has, having been designated under section 43 of the Serious Organised Crime and Police Act 2005 as a person having the powers of a constable.”

Schedule 1 (glossary of expressions) is amended as follows.

In the definition of “police officer”, at the end of paragraph (b) insert—

“or

1. (c)

   a specified employee of SOCA;”.

After the definition of “the Scheme actuary” insert—

• ““specified employee of SOCA” means—

  1. (a)

     an employee of SOCA who immediately before he last became an employee of SOCA was serving as the Director General of the National Crime Squad;

  2. (b)

     an employee of SOCA who immediately before he last became an employee of SOCA was serving as a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 by virtue of subsection (2)(a) of that section;

  3. (c)

     an employee of SOCA who immediately before he last became an employee of SOCA was serving as a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section;”.