Legislation – The Police Pensions (Remediable Service) (Amendment) Regulations (Northern Ireland) 2024

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EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Police Pensions (Remediable Service) Regulations (Northern Ireland) 2023 (S.R. 2023 No. 122) (“the 2023 Regulations”).

The 2023 Regulations make provision, further to that in the Public Service Pensions and Judicial Offices Act 2022 (c. 7) (“PSPJOA 2022”), to remedy the unlawful discrimination on the basis of age that was found to result from the transitional protections afforded to certain cohorts of members of legacy pension schemes established by the Royal Ulster Constabulary Pensions Regulations 1988 (S.R. 1988 No. 374) (“the 1988 Regulations”) and the Police Pension (Northern Ireland) Regulations 2009 (S.R. 2009 No. 79) (“the 2009 Regulations”).

These Regulations correct minor errors in the 2023 Regulations and make additional provision that was omitted from those Regulations.

Regulation 2 amends the 2023 Regulations. Regulation 2(5) makes new provision for a member who would have been able to transfer in service to the scheme established by the 1988 Regulations or the 2009 Regulations during the relevant period. Such service may now be transferred in, provided certain conditions are met. Regulation 2(6) inserts a provision omitted from the 2023 Regulations which instructs the scheme manager to determine the value of a member’s remediable ill-health benefits as if they had been secured in the alternative scheme.

These Regulations are scheme regulations under the Public Service Pensions Act (Northern Ireland) 2014 (c. 2) (“the 2014 Act”) and in accordance with PSPJOA 2022 in relation to a member’s remediable service in a police pension scheme. They are, to the extent required by section 27 of PSPJOA 2022, made in accordance with Department of Finance directions under that section (in the form of the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions (Northern Ireland) 2023). These Regulations have retrospective effect, which is authorised by section 3(3)(b) of the 2014 Act.