LegalizeThe Firemen’s Pension Scheme Order (Northern Ireland) 2006
Some of the amendments take effect from a date before the making of the Order by virtue of Article 10(4) of the Fire Services (Northern Ireland) Order 1984. Amendments in relation to the following articles, and any matter incidental to them, in the principal Order shall, therefore, have effect as follows:
- article 28 (spouse’s or civil partner’s ordinary pension) shall have effect from 6th April 1997;
- articles 32 and 33 shall have effect from 1st March 1992;
- articles 55 and 67, in so far as they relate to maternity leave, shall have effect from 23rd June 1994;
- articles 55 and 67, in so far as they relate to adoption and paternity leave, shall have effect from 8th December 2002; and
- article 80 (awards on death of servicemen) shall have effect from 1st March 1992.
A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.
Also provided are provisions as set out in the table below:
| 2005 provisions | Corresponding 1973 provisions | Subject | Variations |
|---|---|---|---|
| r. article 7(2) | — | Apportionment of service credit by reference to date. | New provision. |
| r. article 11(2) | Art. 3(2) | Injury occasioning infirmity. | Includes injury substantially contributing to infirmity. |
| r. article 17(l) | Art. 10(l) | Ill-health award. | Payable only where retirement compulsory. |
| r. article 21(7) | Art. 17(4) | Notice to commute pension. | May be given 4 (instead of 2) months before retirement. |
| r. article 22 | Art. 17A | Commutation of small pensions | Maximum commutable pension increased. |
| r. article 28(l) | Art. 18 | Spouse’s or civil partner’s ordinary pension. | Payable in additional case (death while in receipt of injury pension after ill-health pension discontinued). |
| r. article 31 | Art. 21 | Spouse’s or civil partner’s accrued pension. | Payable even if deceased’s deferred pension commuted. |
| r. article 33(3) | Art. 23A(2) | Surviving spouse’s or civil partner’s temporary pension. | In calculating pension, deceased’s pensions, if more than one, to be aggregated and account to be taken of any statutory increases. |
| r article 38(l) | Art. 29(l) | Child’s ordinary allowance. | Payable in same additional case as spouse’s or civil partner’s ordinary pension. |
| r. article 48(l) | Art. 22(l) | Commutation of spouse’s or civil partner’s pension for gratuity. | Maximum commutable pension increased. |
| r. article 48(2) | Art. 22(2) | Same. | Excess over guaranteed minimum commutable only in case of ordinary or special pension. |
| r. article 49(l) | Art. 33(l) | Commutation of child’s allowance for gratuity. | Child may consent where there is no parent or guardian. |
| r. article 50 | Sch. 2, Part V Sch. 3, Part IV | Increases for spouses or civil partners and children during first 13 weeks. | Deceased’s pensions, if more than one, to be aggregated and account to be taken of any statutory increases. |
| r. article 100(8) | Art. 63(8) | Payment of gratuities. | Payment may be deferred pending determination of Authority’s liability. |
| r. article 102(2) | Art. 64(2) | Awards: payment where person entitled is incapable. | Authority’s choice of payee widened. |
| r. article 102(3) | Art. 64(3) | Payment without proof of title. | Not to exceed amount specified under 1967 C 5 (N.I) currently £5000. |
| Sch. 3, Part IV | Sch. 2, Part IX | Pension for widow of post-retirement marriage. | Rate linked to that of special award where one would otherwise have been payable. |
| Sch. 5, Part III | Sch. 3, Part V | Commutation of child’s allowance for gratuity. | Child may agree amount where there is no parent or guardian. |
| Art. 12D | Transitional award. | Not reproduced: award not in conformity with current requirements of the Pension Schemes (Northern Ireland) Act 1993. |
This Order finally revokes the Orders specified in Part II of Schedule 13 to the Order. These had brought into operation, or varied, the Firemen’s Pension Scheme Order (Northern Ireland) 1971, and had previously been revoked subject to savings preserving their effect for old cases. Schedule 12 to the 2006 Scheme contains provision for continuing any remaining effect of the savings.
Footnotes
S.I. 1984/1821 (N.I. 11); see Article 2(2) for the definition of “the Department”; Article 10(5) was amended by S.I. 1998/1549 (N.I. 11), Article 4
See S.R. 1999 No. 481 Schedule 4, Part III
Formerly the Department of Finance. See S.I. 1982/338 (N.I. 6) Article 3
1993 c. 49. Section 8C was inserted by the Pensions (Northern Ireland) Order 1995 S.I. 1995/3213 (NI 22), Article 133(5).
Article 65A was inserted by paragraph 7 of Part II of Schedule 1 to S.R. 1979 No. 88 and amended by S.R. 1991 No. 312
1988 c. 1:section 590C was inserted, and section 594 amended, by the Finance Act 1989 (c. 26), section 75 and Schedule 6 paragraphs 4 and 6.
Section 12(3) was amended by the Pensions (Northern Ireland) Order 1995, Schedule 3, paragraph 21
Section 10(8) was amended by the Pensions (Northern Ireland) Order 1995, Schedule 3, paragraph 20
2004 c. 12 See section 270 for the meaning of “scheme administrator”
S.I. 1996/1919 (N.I. 16) Article 107B was inserted by S.I. 2002/2386 (N.I. 2) Article 3
See S.I. 1999/2790 (N.I. 9), Part 1, Schedule 4
S.I. 2003/1250, amended by S.I. 2004/1997.
The Faculty of Occupational Medicine is a registered charity, no. 1035415.
S.I. 1996/1919 (N.I.) 16) Article 107A was inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I.2))
Brought into operation by S.R. & O. 1973 No. 393; amended by the other instruments listed in Schedule 2 to the Firemen Pension Scheme Order (Northern Ireland) 2006.
S.I. 1995/3213 (N.I. 22) as amended by S.I. 1999/3147 (N.I. 11) Schedule 9 paragraph 50(3)
S.R. & O (N.I.) 1995 No 181 (p.198)
S.R. & O. (N.I.) 1995 No 182 (p. 233)
S.R. & O. (N.I.) 1955 No 181 (p. 198)
1946 c. 60, Schedule 1 was repealed by the Superannuation Act 1965 (c. 74), section 104 and Schedule 11.
1945 c. 13; section 23 was replaced by the Income Tax Act 1952 (c. 10)
1950 c. 33 (N.I.); 1951 c. 28 (N.I.) (in part); 1956 c. 22 (N.I.); 1963 c. 7 (N.I.); 1967 c. 3 (N.I.) partially repealed with savings by Art. 23 of the Superannuation (Northern Ireland) Order 19721950 c. 10 (N.I.). section 2 was repealed with savings by S.I. 1972/1073 (N.I. 10), Article 23 Schedule 7, 8
1950 c. 10 (N.I.). section 2 was repealed with savings by S.I. 1972/1073 (N.I. 10), Article 23 Schedule 7, 8
Brought into operation by S.R. & O. (N.I.) 1971 No 33
Editorial notes
Order revoked (1.4.2006) by The Firefighters’ Pension Scheme Order (Northern Ireland) 2007 (S.R. 2007/144), art. 1(2), Sch. 11 Pt. I (with Sch. 10)
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