Police officers in Northern Ireland who were previously ruled out of ill‑health retirement in the 2015 career‑average scheme will get a one‑off option to apply. The Department of Justice has made the Police Pensions (Amendment) Regulations (Northern Ireland) 2025 (SR 2025 No. 190), which come into operation on 1 February 2026, with certain provisions taking effect from 1 April 2015. The instrument establishes a three‑month election window and sets conditions for payment of revised member contributions.
The option is targeted at members who, at any time between 1 April 2015 and 31 March 2024, were active in the 2015 scheme and were deemed ineligible for ill‑health benefits following a determination under regulation 33(5) that the likely cost of providing such benefits was “disproportionately high”. Members in legacy police pension schemes are out of scope, as are individuals who were deemed ineligible and have since retired under the 2015 scheme.
Administratively, the scheme manager must provide affected members with information within two weeks of the start of the election period and invite them to elect. The election period runs for three months from the commencement date. Applications must be in writing, set out all relevant information, include an agreement to pay revised contributions, and be received before the deadline; late or repeat applications must be rejected.
Revised contributions are defined as the difference between amounts previously paid at the reduced member contribution rate and the full member contribution rate for each scheme year in scope. The full rates are set at 12.44% for pensionable earnings up to £27,000; 13.44% for more than £27,000 but less than £60,000; and 13.78% for more than £60,000. Payment must be made in full, though instalments are permitted, and the balance must be cleared within five years of the scheme manager’s notice; if payment is not completed, the election lapses and any sums paid are refunded.
The Regulations make clear that a previous ineligibility decision under regulation 33(5) does not prevent an election. Where a member satisfies the new requirements, they become eligible for ill‑health benefits on the same terms as a person covered by regulation 33(6). On election, the new Chapter 4A applies and the previous route ceases to apply for the relevant period.
This retrospective remedy follows prospective changes made in 2024. The Police Pensions (Amendment) Regulations (Northern Ireland) 2024 removed the ill‑health eligibility exclusion from 1 April 2024 and aligned contribution structures, addressing discrimination risk identified in related litigation in Great Britain. The Assembly’s Justice Committee recorded that SR 2024/38 removed the risk of disability‑discrimination challenge.
For administrators, the immediate timetable is tight. By 15 February 2026, scheme managers should have issued the required information. The election window then runs to 30 April 2026. Given the five‑year repayment limit that starts on the date of the scheme manager’s notice, payroll and finance teams will need processes to support instalment plans and track compliance with the deadline.
HR and pensions teams should identify the affected cohort using historical regulation 33(5) determinations, confirm employment status during the relevant period, and assemble contribution histories to calculate the difference between reduced and full rates. Communications should explain that only one election may be made, non‑responses are treated as a decision not to elect, and failure to complete repayment voids the election.
The Department cites sections 1 and 3 of the Public Service Pensions Act (Northern Ireland) 2014 as the enabling powers and confirms consultation with representative bodies alongside Department of Finance consent. The retrospective effect back to 1 April 2015 is permitted by section 23 of the 2014 Act, which sets the procedure for retrospective scheme provisions.
Note that while the Explanatory Note references the period from 1 April 2014, the operative provisions define the “relevant period” as 1 April 2015 to 31 March 2024, which aligns with the commencement of the 2015 scheme. Scheme managers should align administration and member communications to the operative definition.