The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

Made: 5th March 2007

Coming into operation: 2nd April 2007

The Department of Health, Social Services and Public Safety, in exercise of the powers conferred by Article 10(1), (3), (4) and (5) of the Fire Services (Northern Ireland) Order 1984[^f00001] and now vested in it[^f00002] and with the approval of the Department of Finance and Personnel[^f00003], in accordance with Article 10(1) of that Order, makes the following Order:

Citation, commencement, effect and interpretation

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• (1) This Order may be cited as the Firefighters’ Compensation Scheme Order (Northern Ireland) 2007 and shall come into operation on 2nd April 2007; but—

• (a) rule 3 of Part 2 of the Compensation Scheme (compensation for death or permanent incapacity while on duty), and so much of that Scheme as relates to that rule, shall have effect from 1st April 2000; and

• (b) the remainder of the Compensation Scheme shall have effect from 1st April 2006.

• (2) In this Order—

• “the Compensation Scheme” means the Firefighters’ Compensation Scheme (Northern Ireland) 2007, set out in the Annex; and

• “the Pension Scheme” means the Scheme set out in the Annex to the Firefighters’ Pension Scheme Order (Northern Ireland) 2007[^f00004].

New compensation scheme for firefighters

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• (1) Subject to articles 3 and 4, the Compensation Scheme (which makes provision for the payment of pensions, allowances and gratuities to and in respect of persons who die or are permanently disabled as the result of an injury sustained or disease contracted while employed by the Northern Ireland Fire and Rescue Service) shall have effect.

• (2) The corresponding provisions of the Firemen’s Pension Scheme and the provisions of the Compensation Scheme to which they correspond are set out in Schedule 7.

General transitional provisions

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• (1) Where—

• (a) a provision of the Compensation Scheme (“the new provision”) re-enacts a provision of the Firemen’s Pension Scheme Order (Northern Ireland)[^f00005] (“the old provision”) with any modification; and

• (b) a person to whom a protected benefit was being paid or might become payable is placed in a worse position than he would have been in if the old provision had continued to have effect,

he may, by giving written notice to the Board, elect that the new provision is to apply in relation to the benefit as if it had re-enacted the old provision without modification.

• (2) Notice under paragraph (1) must be given not later than 16th April 2007.

• (3) For the purposes of paragraph (1), a protected benefit is one paid, or capable of becoming payable, to or in respect of a person who, before 1st April 2006, ceased to be a member of the fire brigade or died.

Transitional provision: decisions and determinations made before 1st April 2006

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• (1) With the exception of rule 3 of Part 2, the Compensation Scheme shall not have effect in relation to a person in respect of whom a determination or decision under the Pension Scheme relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of article 7 of the Pension Scheme) has been made before 1st April 2006.

• (2) In a case to which paragraph (1) applies, the provisions of the Pension Scheme, in the form in which they exist immediately before 1st April 2006, shall continue to have effect in relation to such a person.

ANNEX — The Firefighters’ Compensation Scheme (Northern Ireland) 2007

PART 1 — GENERAL PROVISIONS

Citation, commencement and effect

1

• (1) This Scheme may be cited as the Firefighters’ Compensation Scheme (Northern Ireland) 2007.

• (2) With the exception of rule 3 of Part 2 (compensation for death or permanent incapacity while on duty), the provisions of this Scheme have effect from 1st April 2006.

• (3) Rule 3 of Part 2 has effect from 1st April 2000.

Interpretation

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• (1) In this Scheme—

• “the 1984 Order” means the Fire Services (Northern Ireland) Order 1984[^f00006];

• “the 2006 Order” means the Fire and Rescue Services (Northern Ireland) Order 2006[^f00007];

• “the 2015 Regulations” means the Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015;

• “the 2015 Scheme” means the Firefighters’ Pension Scheme 2015 set out in the 2015 Regulations;

• “the Firefighters’ Pension Scheme” means the Firefighters’ Pension Scheme (Northern Ireland) as set out in the Firefighters’ Pension Scheme Order (Northern Ireland) 2007;

• “the New Firefighters Pension Scheme” means the New Firefighters’ Pension Scheme (Northern Ireland) as set out in the New Firefighters Pension Scheme Order (Northern Ireland) 2007;

• “active member of the 2015 Scheme” has the meaning given in regulation 28 (active membership) of the 2015 Regulations;

• “active member’s account” means the account established under regulation 40 (establishment of active member’s account) of the 2015 Regulations;

• “amount”, in relation to a pension or allowance, means its annual amount;

• “average pensionable pay” has the same meaning as in the Firefighters’ Pension Scheme;

• “award” means a pension, allowance or gratuity under this Scheme;

• “child”, in relation to a person who has died, means—a legitimate or illegitimate child, step-child or adopted child of his, andany other child who was substantially dependent on him and either is related to him or is the child of his spouse or civil partner;and “parent” shall be construed accordingly;

• “disabled”, “disablement” and “permanent disablement” shall be construed in accordance with rule 8 of this Part ;

• “eligible child’s pension” has the meaning given in regulation 92 (eligible child’s pension) of the 2015 Regulations;

• “final pay” has the meaning given in regulation 101 (meaning of “final pay”) of the 2015 Regulations;

• “the Board” means the Northern Ireland Fire and Rescue Service Board;

• “independent qualified medical practitioner” means a medical practitioner holding a diploma in occupational medicine or an equivalent or higher qualification issued by a competent authority in an EEA State, or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine[^f00009] or an equivalent institution of an EEA State; and for the purposes of this definition “a competent authority” has the meaning given by section 55(1) of the Medical Act 1983;

• “final pensionable pay” shall be construed in accordance with article 62 of the New Firefighters’ Pension Scheme;

• “injury” includes disease;

• “member of the 2015 Scheme” has the same meaning as “member” in regulation 3 (interpretation) of the 2015 Regulations;

• “normal benefit age” has the meaning given by article 6(2) of the New Firefighters’ Pension Scheme;

• “normal pension age” in relation to employees of the Board appointed on terms under which they are or may be required to engage in firefighting— in relation to the Firefighters’ Pension Scheme means 55;in relation to the New Firefighters’ Pension Scheme means 60;in relation to the 2015 Scheme means 55;

• “pension” means a pension under this Scheme;

• ...

• “pensionable pay”— in relation to a person who is a member of the Firefighters’ Pension Scheme shall be construed in accordance with article 56 of that Scheme;in relation to a person who is a member of the New Firefighters’ Pension Scheme shall be construed in accordance with article 61 of that Scheme; in relation to a person who is a member of the 2015 Scheme, shall be construed in accordance with regulation 26 (pensionable pay) of the 2015 Regulations; in the case of a person who is not a member of any of these schemes, shall be construed in accordance with rule 11 of this Part;

• ...

• “pensionable retained service”, in relation to a retained or volunteer firefighter, means the same proportion of whole-time service as that which his actual annual pensionable pay bears to his reference pay;

• “pensionable service”—in relation to the Firefighters’ Pension Scheme, shall be construed in accordance with article 45 of that Scheme;in relation to the New Firefighters’ Pension Scheme, shall be construed in accordance with articles 56 to 60 of that Scheme; in relation to the 2015 Scheme, means the continuous period of pensionable service, in relation to an active member’s account for the scheme employment in respect of which the award under this scheme is payable and any of the following types of service that have been added to, or transferred to, that account— if applicable, any periods of pensionable service in relation to the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme that relates to the person’s employment which is the same as, or most similar to, the employment in respect of which the award is payable;if applicable, any periods of pensionable service relating to any transfer value payments accepted under Part 10 (transfers) of the 2015 Regulations in respect of the person’s accrued rights under another occupational pension scheme;if applicable, any periods of service relating to any pension account entries transferred in accordance with regulation 157 (transfer of pension account entries) of the 2015 Regulations; andif applicable, any periods of service relating to an added pension account established under regulation 47 (establishment of added pension account) of the 2015 Regulations relating to the member’s scheme employment in respect of which the award is payable, such periods of service are to be calculated in accordance with such guidance as is provided for the purpose by the Government Actuary.

• “qualifying injury” shall be construed in accordance with rule 7 of this Part ;

• “reference pay”, in relation to the pensionable pay of a retained or volunteer firefighter for any period, means the whole-time equivalent pensionable pay for that period of a regular firefighter employed in a similar role and with equivalent qualifying service;

• “regular firefighter” means a person who is employed—by the Board as a firefighter (whether whole-time or part-time), other than as a retained or volunteer firefighter, andon terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting) and whose employment is not temporary;

• “relevant service”, except in rule 1 of Part 7 (servicemen) and rule 1 of Part 7A (reservists), means service which either was, or would have been, reckonable as pensionable service but for— an election under article 59 of the Firefighters’ Pension Scheme;an election under article 8 of Part 2 of the New Firefighters’ Pension Scheme;the exercise of an option not to become an active member of the 2015 Scheme in accordance with Chapter 2 (pensionable service) of Part 3 of the 2015 Regulations;a failure to elect under—article 58 of the Firefighters’ Pension Scheme;article 64 of Part 11 of the New Firefighters Pension Scheme;regulation 121(3) (contributions during child-related leave) of the 2015 Regulations; ora failure to exercise an option to become an active member of the 2015 Scheme in accordance with regulation 21 (opting into this scheme) of the 2015 Regulations;

• “retained firefighter” means a person who is employed by the Board— as a retained firefighter, but not as a regular firefighter or a volunteer firefighter,on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting),otherwise than in a temporary capacity, andwho is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives;

• ...

• “retire” shall be construed in accordance with rule 11 of this Part;

• “scheme employment” has the meaning given in regulation 15 (scheme employment) of the 2015 Regulations;

• “state pensionable age” means pensionable age as determined in accordance with the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995[^f00013];

• “surviving spouse” means a widow or widower; and

• “volunteer firefighter” means a person who is employed by the Board—as a volunteer firefighter but not as a regular firefighter or a retained firefighter,on terms under which he is, or may be, required to engage in fire-fighting or may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting),otherwise than in a temporary capacity, andwho is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives;

• ...

• (2) Where this Scheme requires anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

Exclusive application to regular firefighters

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• (1) Subject to paragraph (3) and Part 8 (special cases), this Scheme applies in relation to regular and retained firefighters and their spouses or civil partners and dependants to the exclusion of pension provision under any enactment other than Article 10 of the 1984 Order and the Pension Schemes (Northern Ireland) Act 1993 [^f00014].

• (2) In paragraph (1) “pension provision” means any provision for the payment of an award, on death or permanent disablement, in respect of employment as a regular or retained firefighter.

• (3) A person who is not an employee of the Board but whose employment is, under rule 4 or 5 of this Part, treated for the purposes of this Scheme as employment as a regular firefighter, is not a regular firefighter for the purposes of this rule.

Application to temporary employment connected with fire services

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• (1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered temporary employment.

• (2) For the purposes of this rule temporary employment is employment, on duties connected with the provision of fire and rescue services—

• (a) as an instructor at the central training institution or any training centre maintained by the Secretary of State, or

• (b) as an inspector appointed under Article 55 of the 2006 Order or under section 24 of the Fire Services Act 1947; or

• (c) in pursuance of arrangements made by the Secretary of State in connection with the training in fire-fighting of members of the armed forces of the Crown, or

• (d) in pursuance of arrangements made by the Secretary of State, in connection with the training and organisation of fire-fighting forces in any country or territory outside the United Kingdom.

• (3) Where this rule applies the person’s temporary employment shall be treated for the purposes of this Scheme as employment by the Board; and this Scheme applies in relation to the temporary employment as if—

• (a) he were, and his duties were duties as, a regular firefighter;

• (b) his pay and role were the same as they would have been had he not ceased to perform duties as a regular firefighter;

• (c) any reference to employment with the Board were a reference to the temporary employment, and

• (d) any reference to the Board were a reference to the Secretary of State.

Application to permanent employment as instructor

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• (1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered permanent employment.

• (2) For the purposes of this rule permanent employment is employment, on duties connected with the provision of fire and rescue services, as an instructor at the central training institution or any training centre maintained by the Secretary of State.

• (3) Where this paragraph applies the person’s permanent employment shall be treated for the purposes of this Scheme as employment by the Board and this Scheme applies in relation to the permanent employment as if—

• (a) he were, and his duties were duties as, a regular firefighter, and

• (b) any reference to the Board were a reference to the Secretary of State.

Reckoning of service for purposes of awards

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• (1) This rule applies in relation to a person—

• (a) who is a member of the New Firefighters’ Pension Scheme on the day on which he dies;

• (b) in respect of whom an election under article 8(1) of Part 2 of the New Firefighters’ Pension Scheme not to make pension contributions has effect on the day on which he dies;

• (c) who is a member of the 2015 Scheme on the day on which he dies; or

• (d) who is eligible to be an active member of the 2015 Scheme and—

• (i) has exercised an option not to become an active member of that scheme in accordance with Chapter 2 of Part 3 of the 2015 Regulations which has effect of the day on which he dies; or

• (ii) has not exercised an option to become an active member of that scheme in accordance with regulation 21 of the 2015 Regulations of the day on which he dies.

• (2) Subject to paragraph (3), where the person entitled to a special pension under rule 1 is more than twelve years younger than the deceased on the day on which he dies, a reduction of 2.5 per cent. for each year by which the age of the surviving spouse or surviving civil partner exceeds, by more than twelve years, that of the deceased, shall be applied to the Schedule 2 amount.

• (3) Where the application of paragraph (2) would result in the payment of a special pension of less than 50 per cent. of the Schedule 2 amount, the special pension shall be 50 per cent. of the Schedule 2 amount.

• (4) In paragraphs (2) and (3), “the Schedule 2 amount” means the amount that would have been ascertained in accordance with Part 1 of Schedule 2 if rule 1 were not subject to this rule.

• (5) For the purposes of paragraph (2), a part of a year shall be treated as a whole year.

• (6) References in this rule to rule 1 include references to that rule as applied by rule 2(3).

Qualifying injury

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• (1) Except in—

• (a) rule 3 of Part 2 (compensation for death or permanent incapacity while on duty),