Statutory Rule 1997 No. 260

Royal Ulster Constabulary Reserve (Full-time) Pensions (Amendment) Regulations 1997

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© Crown Copyright 1997

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1997 No. 260

POLICE

Royal Ulster Constabulary Reserve (Full-time) Pensions (Amendment) Regulations 1997

The Secretary of State, in pursuance of section 26 of the Police Act (Northern Ireland) 1970^[1], read with Articles 14 and 15 of the Superannuation (Northern Ireland) Order 1972^[2], and after consulting, in accordance with section 34(2) of the said Act of 1970, the Police Authority and the Police Association, hereby with the concurrence of the Treasury makes the following regulations:—

Citation, commencement and effect
    1.    These regulations may be cited as the Royal Ulster Constabulary Reserve (Full-time) Pensions (Amendment) Regulations 1997 and shall come into operation on 1st July 1997, but shall have effect for the purposes of regulation 5 as from 30th March 1996.

Interpretation
    2.    In these regulations any reference to the principal regulations is a reference to the Royal Ulster Constabulary Reserve (Full-time) Pensions Regulations 1994^[3].

Revocation, saving and amendment
    3.    There shall be inserted after regulation 1 of the principal regulations the following regulations—

"Revocation and saving
    1A.—(1)  Subject to paragraph (2), the Royal Ulster Constabulary Reserve (Pensions) Regulations 1973^[4] (the 1973 regulations) shall cease to have effect in so far as they apply to reserve members except in the case of an award or payment to or in respect of a person who retired or otherwise ceased to be a reserve member before 1st July 1997, including an award on the death of such a person on or after the said date.

    (2)  In the case of a person who became a reserve member before 1st July 1997 to whom any award becomes payable under these regulations and to whom, if these regulations had not been made, an award would have been payable under the 1973 regulations, the award so payable shall be of the amount calculated in accordance with the 1973 regulations or of the amount calculated in accordance with the corresponding provisions of these regulations, whichever amount is the greater.



Amendment of the Royal Ulster Constabulary Reserve (Injury Benefit) Regulations 1988
    1B.    Regulation 3 of the Royal Ulster Constabulary Reserve (Injury Benefit) Regulations 1988^[5] shall have effect in so far as it applies to reserve members as if—
(a) in paragraph (1) there were substituted for the words "Royal Ulster Constabulary Reserve (Pensions) Regulations 1973" the words "Royal Ulster Constabulary Reserve (Full-time) Pensions Regulations 1994";

(b) in paragraph (2) there were substituted for the words "regulation 3(3)" the words "regulation A11(3) of the Royal Ulster Constabulary Pensions Regulations 1988 as applied to members of the Royal Ulster Constabulary Reserve appointed on a full-time basis by regulation 3"; and

(c) in paragraph (3) there were substituted for the words "by regulation 3(2)" the words "to members of the Royal Ulster Constabulary Reserve appointed on a full-time basis by regulation 3"." .

Application of the Pensions Regulations to reserve members
    4.    In regulation 3 of the principal regulations there shall be substituted for the words "regulations F4 and F7" the words "regulation F4".

Modification of provisions applied to reserve members
    5.—(1)  There shall be substituted for regulation 4 of the principal regulations the following regulation—

"Modification of provisions applied to reserve members
    4.    In their application by virtue of regulation 3, the provisions specified in that regulation shall have effect subject to the modifications specified in the Schedule." .



    (2)  There shall be substituted for the Schedule to the principal regulations the Schedule contained in the Schedule to these regulations.

Service before 1st July 1994
    6.    There shall be substituted for regulation 5 of the principal regulations the following regulation—

"Service before 1st July 1994
    5.—(1)  Subject to paragraph (2), nothing in these regulations shall operate so as to confer on any person any entitlement to an award or payment under the Pensions Regulations as applied to reserve members by these regulations in respect of or relating to a reserve member's service as such at any time before 1st July 1994.

    (2)  For the purpose of calculating an award to a reserve member under regulation B4 of the Pensions Regulations as applied to reserve members by these regulations his pensionable service shall be deemed to be his period, or the aggregate of his periods, of service as a reserve member:
Provided that if a reserve member is entitled to a pension under the Pensions Regulations, the 1973 Regulations, the Royal Ulster Constabulary Pensions Order 1949^[6] or the Ulster Special Constabulary Pensions Regulations 1950^[7] or becomes entitled to claim long-term or retirement compensation under the said Regulations of 1950—
(a) his pensionable service shall be deemed to be the sum of his pensionable service in the Royal Ulster Constabulary or the Ulster Special Constabulary or in both those constabularies, as the case may be, and his period, or the aggregate of his periods, of service as a reserve member;

(b) his pension under the said Order of 1949 or the 1973 Regulations or his pension or any periodic compensation payable to him under the said Regulations of 1950 shall be deemed to be such a pension as is mentioned in paragraph 3 of Part V of Schedule B to the Pensions Regulations; and

(c) any lump sum retirement compensation payable to him under the said Regulations of 1950 shall be treated as if it were such a gratuity as is mentioned in paragraph 4(4) of the said Part V." .

Marjorie Mowlam

One of Her Majesty's Principal Secretaries of State
Northern Ireland Office

19th May 1997
We concur

Graham Allen

John McFall

Two of the Lords Commissioners of Her Majesty's Treasury

2nd June 1997

[1] 1970 c. 9 (N.I.) as amended by 1994 c. 29 and modified by S.I. 1973/2163 back

[2] S.I. 1972/1073 (N.I. 10) back

[3] S.R. 1994 No. 197 as amended by S.R. 1996 No. 5 back

[4] S.R. & O. (N.I.) 1973 No. 314 back

[5] S.R. 1988 No. 377 as amended by S.R. 1988 No. 441 back

[6] S.R. & O. (N.I.) 1949 No. 211 (p. 379) back

[7] S.R. & O. (N.I.) 1950 No. 97 (p. 617) back

Explanatory Note