The Police Service of Northern Ireland Reserve (Full-time) Severance Regulations 2006

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"appropriate factor" has the meaning assigned to it in regulation 2(4)(c) of the Royal Ulster Constabulary Regulations 1996[6];

"compulsory retirement age" means the age at which the member would be required to leave the reserve service by reason of age, as defined by regulation A16 of the Pensions Regulations;

"date of leaving" means the date the member leaves the reserve service under the terms of the Scheme after completing the period of required re-training undertaken;

"disciplinary reasons" are any reasons connected to the Discipline Regulations;

"Discipline Regulations" means the Royal Ulster Constabulary (Conduct) Regulations 2000[7];

"immediate pension" means entitlement to pension on the member's date of leaving the reserve service;

"member" means a member of the reserve service who has entered the Scheme in accordance with a determination of the Chief Constable under regulation 4;

"part-time service" in relation to a member means a person who, immediately before he enters the Scheme, is serving under the terms and conditions set out in Schedule 12 of the Royal Ulster Constabulary Reserve (Full-time)(Appointment and Conditions of Service) Regulations 1996[8];

"payment in lieu of pension" means a discretionary award to an eligible member (as defined in regulation 4 of these Regulations) until the member is entitled to a pension under the Pensions Regulations;

"pension age" means the age at which a member would be entitled to receive immediate payment of pension entitlements under the Pensions Regulations;

"Pensions Regulations" means the Royal Ulster Constabulary Pensions Regulations 1988[9];

"pensionable service enhancement" means the period by which a member's pensionable service is increased in accordance with the calculation in Part 1 of the Schedule;

"period of extension" means any additional period of employment in the reserve service beyond the member's compulsory retirement age as agreed by the Chief Constable;

"required re-training" means the period of re-training offered to members under regulation 15;

"reserve service" means the Police Service of Northern Ireland Reserve (Full-time);

"standing allowances" means replacement allowances as defined in regulation 47A of and Schedule 11 to the Royal Ulster Constabulary Reserve (Full-time)(Appointment and Conditions of Service) Regulations 1996[10], and the Police Service of Northern Ireland Allowance;

"Scheme" means the severance scheme provided for in these Regulations;

"time period" means the lump sum factor specified in the tables in Part 2 of the Schedule expressed in years and fractions of years measured from the date of payment of the additional severance lump sum;

"unexpired period of the lump sum" means the time period less the number of days elapsed since the date of payment of the severance lump sums.

Length and termination of the Scheme
     3. —(1) There shall be a severance scheme for members of the reserve service which shall be treated as having had effect from 1st April 2005.

    (2) The Secretary of State shall determine the date that the Scheme shall cease.

    (3) The Secretary of State must not make such a determination without—

(a) consulting with the Chief Constable, the Northern Ireland Policing Board and the Police Association; and

(b) the consent of the Treasury.

    (2) Parts 1 and 2 of the Schedule shall have effect for calculating the benefits referred to in paragraph (1).

    (3) A member of the Scheme shall receive a severance lump sum on the date of leaving in addition to any benefits received under paragraph (1).

    (4) The additional severance lump sum referred to in paragraph (3) shall be equivalent to one sixth of the member's annual pensionable pay at the date of leaving.

Employment in the Police Service of Northern Ireland
     7. —(1) A member of the Scheme who—

(a) receives a severance lump sum under regulation 6(1); and

(b) is employed (whether on a full or part-time basis) by the Police Service of Northern Ireland as a police officer within 3 years of the date of leaving,

shall be required to repay a proportion of any severance lump sum received under regulation 6(1).

    (2) The amount to be repaid shall be A x (B – C) where—

A = the police officer's daily rate of pay on employment by the Police Service of Northern Ireland,

B = the lump sum factor x 365,

and

C = the number of days from the police officer's date of leaving.

    (3) The lump sum factor in paragraph (2) is the lump sum factor used to calculate the severance lump sum payment under Part 2 of the Schedule.

    (4) The application of paragraph (2) shall not have the effect of leaving a member of the Scheme with a lump sum payment less than the payment the member would have received under statutory redundancy pay at the date of leaving, and where this occurs the amount to be repaid shall be reduced accordingly.

    (5) A member of the Scheme who—

(a) receives a conversion lump sum under regulation 15, and

(b) is employed by the Police Service of Northern Ireland as a police officer during the period he would have been receiving required re-training had he completed his required re-training,

shall be required to make a repayment.

    (6) Where a repayment is required to be made in accordance with paragraph (5) the amount to be repaid shall be the conversion lump sum minus the proportion of it attributable to the period between the date of leaving and the date that employment with the Police Service of Northern Ireland commenced.

    (7) A member of the Scheme who is employed by the Police Service of Northern Ireland as a police officer after the date of leaving shall be subject to the Pensions Regulations, including any rules on abatement of pensions for re-employed officers.

    (8) This regulation does not apply to a member who—

(a) joins the Police Service of Northern Ireland as a member of the police support staff; or

(b) joins a police force in Great Britain.

Capping mechanism
     8. The capping mechanism in Part 3 of the Schedule shall be applied to the calculation of a member's lump sum under Part 2 of the Schedule so as to limit the lump sum payable.

Part-time service
     9. A member who has been in part-time service shall be entitled to the benefits payable in the Scheme subject to the adjustment of his annual pensionable pay by the appropriate factor.

    (2) Paragraph (1) applies to those members of the reserve service who are on authorised unpaid leave.

Payment in lieu
     11. —(1) A member who would have been entitled to a short service award as defined in regulation B2 (member's short service award) of the Pensions Regulations shall receive a payment in lieu in accordance with this regulation.

    (2) The payment in lieu will be equivalent to the short service award in regulation B2 to which the member would have been entitled had he qualified for a pension from the date of leaving, subject to the modification in paragraph (3).

    (3) Regulation B2(1) of the Pension Regulations shall have effect as if, for the words "is or was required to retire on account of age", there were substituted "retired under the terms of the Police Service of Northern Ireland Reserve (Full-time) Severance Regulations 2006".

    (4) An applicant who is entitled to a payment in lieu will be entitled to commute a proportion of his payment in lieu under regulation B7(4)(b) (commutation – general provision) of the Pensions Regulations, in place of the commutation lump sum payable at 60 years.

Ill-health
     12. —(1) This regulation applies when a member is eligible to—

(a) receive immediate benefits, or receives benefits, under the Scheme; and

(b) apply for ill-health benefits under regulation B3 (member's ill-health award) or B5(4) (member's deferred pension) of the Pensions Regulations.

    (2) The benefits awarded under the Scheme shall be limited so that the sum of those benefits and benefits awarded under either regulation B3 or B5(4) of the Pensions Regulations shall not exceed the maximum applicable under regulation B3 or B5(4) of those Regulations respectively.

Injury on duty
     13. —(1) This regulation applies to the payment of an injury pension to a member under regulation B4 (member's injury award) of the Pensions Regulations.

    (2) Where a member receives a severance lump sum payment under the Scheme and later receives an injury on duty gratuity under regulation B4, that gratuity under Regulation B4 shall be reduced in accordance with paragraphs (3) to (5).

    (3) The sum by which the injury on duty payment shall be reduced is A – B, where—

A = the sum equivalent to six months of the member's severance lump sum payment, and

B = the amount attributable to the unexpired period of the lump sum.

    (4) If the unexpired period of the lump sum is 1 year or less, the member may elect to—

(a) repay the amount attributable to the unexpired period of the lump sum; or

(b) convert the amount attributable to the unexpired period of the lump sum into an annuity and deduct it from his minimum income guarantee as defined in the Pensions Regulations.

    (5) Where paragraph (4)(b) applies, the annuity conversion shall be calculated as advised from time to time by the Government Actuary.

    (6) In relation to Part 5 of Schedule B to the Pensions Regulations—

(a) the minimum income guarantee calculation under paragraph 2 of that Part shall take no account of any pensionable service enhancements under these Regulations; and

(b) the amount of an injury pension under paragraph 3 of that Part shall take account of pensionable service enhancements paid to the member under these Regulations.

Actuarially reduced pensions
     14. —(1) A member who leaves the reserve service under the Scheme and is not immediately eligible to receive a pension, or payment in lieu of pension, may elect to receive an actuarially reduced pension.

    (2) An actuarially reduced pension will be payable from the age of 50 to any member of the Scheme who so elects and who would be aged 50 or above on 6th April 2010.

    (3) An actuarially reduced pension will be payable from the age of 55 to any member of the Scheme who so elects and to whom paragraph (2) does not apply.

    (4) The amount to be paid will be calculated in accordance with a formula as advised by the Government Actuary from time to time.

[2] This subsection was inserted by paragraph 23(6) of Schedule 6 to the 2000 Actback

[3] Article 15 of the Superannuation (Northern Ireland) Order 1972 (1972/1073 (N.I.10)) allows regulations relating to pensions under sections 25 or 26 of the 1998 Act to have retrospective effect. Article 15 was inserted by paragraph 6 of Schedule 4 to the Police (Northern Ireland) Act 1998 ("the 1998 Act")back

[4] 1996 (c. 16)back

[5] Section 26(6) originally required consultation with the Police Authority and the Police Association; paragraph 23 of Schedule 6 to the 2000 Act amends the 1998 Act to replace "Police Authority" with "Board" which is defined as the Northern Ireland Policing Boardback

[6] S.R. 1996 No. 473; regulation 2(4) is inserted by paragraph 1 of Schedule 1 to those Regulationsback

[7] S.R. 2000 No. 315; amended by the Police Service of Northern Ireland (Conduct) Regulations 2003 (S.R. 2003 No. 68)back

[8] S.R. 1996 No. 564back

[9] S.R. 1988 No. 374; those Regulations apply to members of the reserve service with modifications, by virtue of Article 3 of the Royal Ulster Constabulary Reserve (Full-time) Pensions Regulations 1994 (S.R. 1994 No. 197)back

[10] Regulation 47A and Schedule 11 were inserted by regulation 2 of the Royal Ulster Constabulary Reserve (Full-time) (Appointment and Conditions of Service) (Amendment) Regulations 1997 (S.R. 1997 No. 363)back

[11] S.I. 1972 No. 1073 (N.I. 10)back

[12] S.R. 1994 No. 197back

[13] S.R. 1988 No. 374back