Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

Type Ni-Statutory-Rule

Publication 2007-03-05

Last updated 2008-10-16

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(10) If the deceased was a pension debit member, this article has effect as if the sums referred to in paragraph (2)(a), (b) and (c) or (3)(a), (3)(b)or (c) were reduced in the same proportion as the member’s rights are reduced by virtue of Article 28 of the 1999 Order.

PART F — PENSIONABLE SERVICE AND TRANSFER VALUES

Reckoning of and certificates as to pensionable service

45

(1) Subject to paragraph (2), a person is entitled to reckon as pensionable service the total of the periods he is entitled to reckon under articles 46 to 53 and, in the case of a serviceman, any period reckonable under article 72 (pensionable service).

(2) No period is reckonable as pensionable service under more than one provision of articles 46 to 53.

(3) Within 6 months of the date on which a person becomes entitled to reckon a period as pensionable service under article 47, 48, 49, 50, 51, 53 or 72 the Board shall supply him with a certificate showing the pensionable service he was entitled to reckon on that date (“the material date”).

(4) A person who is dissatisfied with a certificate supplied to him under paragraph (3) may, within 3 months after being supplied with it, appeal to the Department, which shall either confirm or vary the certificate.

(5) If he does not appeal, the certificate as supplied, and if he does appeal, the certificate as confirmed or varied, is conclusive as to the pensionable service he was entitled to reckon on the material date.

(6) If he claims a pension or gratuity under this Scheme, or a pension or gratuity under the Compensation Scheme, or dies, after the material date but before a certificate has been supplied, paragraph (3) ceases to apply; if he does so before a certificate has become conclusive, the certificate ceases to have effect and paragraph (4) ceases to apply.

(7) For the purposes of paragraphs (3) to (6) a serviceman shall be treated as only becoming entitled to reckon service under article 72 if and when he resumes service as a member of the fire and rescue service.

Current service

46

(1) Subject to paragraphs (2) and (3), a person serving as a regular firefighter is entitled to reckon as pensionable service—

(a) any period of service as a regular firefighter after 31st March 1972, except a period during which pension contributions were not payable under article 57, as a member of the fire and rescue service; and

(b) if he was a member of the fire brigade both on and immediately before lst April 1972, any period he was entitled to reckon immediately before that date, under a previous scheme.

(2) A person is not entitled to reckon as pensionable service by virtue of paragraph (1)—

(a) if he has ceased to be a member of the fire brigade and rejoined the brigade after 31st March 1972, any period of service before he last so rejoined ; or

(b) any period of absence from duty as a regular firefighter as a result of sickness or injury certified by a qualified medical practitioner to be due to his own misconduct; or

(d) any period of maternity or adoption leave in respect of which the person has the right to, but does not, pay contributions under article 58.

(3) A regular firefighter may, by written notice given to the Board within 6 months of returning to duty after a period of absence without pay (excluding absence for maternity, paternity or adoption leave), require it to reckon as pensionable service all or part of that period (the “reckonable period”).

(4) Where notice is given under paragraph (3), the firefighter shall, within 6 months of giving that notice, pay to the Board—

(a) the contributions (including any such additional or further contributions as are mentioned in article 60) that he would have been liable to pay in respect of the reckonable period (in accordance with article 57(1) if he had been paid at his normal rate; and

(b) subject to paragraph (5), such amount as shall be notified to him by the Board as the amount that would have been payable by it, in accordance with article 57(4), in respect of his service for that period and if he had been paid at his normal rate.

(5) The Board may pay the amount notified under sub-paragraph (b) of paragraph (4); and where it does so, the requirements of that sub-paragraph shall cease to apply.

(6) Nothing in paragraph (3) requires the Board to reckon as pensionable service any reckonable period where—

(a) a case to which paragraph (5) applies, the requirements of paragraph (4)(a) have not been met; or

(b) in any other case, the requirements of paragraph (4)(a) and (b) have not been met.

(7) Any periods of pensionable service before and after any period of maternity or adoption leave in respect of which the person has the right to, but does not, pay continuous contributions under article 58 shall be treated as continuous.

Maternity, paternity and adoption leave

47

(1) A woman serving as a regular firefighter is entitled to reckon as pensionable service any period of —

(a) paid maternity leave;

(b) unpaid ordinary maternity leave; and

(c) unpaid maternity leave in respect of which she has paid pension contributions to the Board in accordance with article 58,

taken on or after 23rd June 1994.

(2) A person serving as a regular firefighter is entitled to reckon as pensionable service any period of—

(a) paternity leave;

(b) ordinary adoption leave;

(d) unpaid additional adoption leave in respect of which he has paid contributions to the Board in accordance with article 58.

Previous service reckonable without payment

48

A person who—

(a) has retired with an ill-health pension; and

(b) has resumed service as a regular following an offer of employment under article 81(2)(b),

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

Previous service reckonable on payment

49

(1) A person who—

(a) has retired without a pension and without any transfer value or cash equivalent becoming payable by the Board; and

(b) has within 12 months, with the written consent, applied for before retiring, of the Board, rejoined the fire and rescue service as a regular firefighter; and

(c) within 6 months of so rejoining, or such longer period as the Board may allow, has undertaken to pay the required amount in accordance with paragraph 1 of Part I of Schedule 6,

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

(2) The required amount is A - B + C, where—

A is any sum paid to him on the retirement by way of gratuity or return of his aggregate pension contributions,

B is so much of A as represents a return of such additional and further payments as were mentioned in Articles 51 to 53 of the 1973 Scheme, and

C is the balance outstanding immediately before the retirement of any sum he had undertaken to pay in accordance with paragraph 1 of Part I of Schedule 6.

(3) A person who—

(a) has retired with no pension other than an ill-health pension the unsecured portion of which has been terminated as mentioned in article 81; and

(b) has again become a regular firefighter; and

(c) within 6 months of his again becoming a regular firefighter, or such longer period as the Board, may allow, has undertaken to pay in accordance with paragraph 1 of Part I of Schedule 6 a sum calculated in accordance with paragraph 2 of that Part,

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

(4) This article shall apply in the case of a regular firefighter—

(a) who was serving as a regular firefighter in a fire brigade maintained under the Fire Services Act 1947¹⁵;

(b) who last became a regular firefighter within 12 months of the termination of his former service or within such longer period as may be agreed, in the circumstances of his case, between the Board and the fire authority for the fire and rescue service mentioned in sub-paragraph (a);

(d) who, within 3 months of his becoming a regular firefighter or within such longer period as the Board may allow in his case, undertakes to pay in accordance with paragraph 1 of Part 1 of Schedule 6—

(i) a sum equal to the balance of any liability outstanding immediately before the termination of his former service in respect of payments or contributions he was then making as a condition of reckoning past service as contributing service, being service of which account has been taken in the calculation of the said transfer value, together with

(ii) a sum equal to the amount, if any, by which the said transfer value falls to be reduced on account of any gratuity or award by way of return of contributions made under the said arrangements on the termination of his former service.

(5) Such a person as is mentioned in paragraph (4) shall be entitled to reckon as pensionable service the period of service which is or was reckonable for the purpose of calculating the transfer value.

(6) In this article, the expression “award by way of return of contributions” means the amount of any award by way of return of contributions which would have been made to him at the end of any period of service, being a period which he is entitled to reckon as pensionable service for the purposes of this Scheme, had he then voluntarily retired in circumstances entitling him to such an award.

(7) A person who—

(a) has retired with a deferred pension; and

(b) has by written notice to the Board relinquished the pension; and

(d) within 6 months of his again becoming a regular firefighter, or such longer period as the Board may allow, has undertaken to pay in accordance with paragraph 1 of Part I of Schedule 6 the required amount described in paragraph (2),

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

(8) If immediately before the retirement a person entitled to reckon service under paragraph (7) was making by way of contributions any such additional or further payments as are mentioned in Articles 51 and 52 of the 1973 Scheme—

(a) the Board shall repay him the amount he paid by way of such contributions; and

(b) he shall be treated as having neither paid nor elected to pay the contributions.

Period during which injury pension was payable

50

(1) A person who—

(i) on retiring from employment with the Board before 6th April 2006, became entitled to an injury pension under Article 11 of the 1973 Scheme; or

(ii) on retiring from employment with the Board on or after 6th April 2006, becomes entitled to an injury pension under the Compensation Scheme; and

(b) has resumed service as a regular firefighter following an offer of employment under article 81(2)(b); and

(c) within 6 months of his resuming service, or such longer period as the Board may allow, has undertaken to pay the required amount in accordance with paragraph 1 of Part I of Schedule 6,

is entitled to reckon as pensionable service the period during which he was entitled to the injury pension (“the pension period”).

(2) The required amount is the total of the pension contributions (excluding such additional and further contributions as were mentioned in Articles 51 and 52 of the 1973 Scheme) that would have been payable by him for the pension period if he had continued to serve as a regular firefighter in the rank he held immediately before the retirement.

Previous service reckonable following actionable loss

51

(1) This article applies to a regular firefighter who—

(a) has opted out or transferred out or both;

(b) has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986¹⁶ (actions for damages in respect of contraventions of rules etc. made under the Act), or section 150 of the Financial Services and Markets Act 2000¹⁷.

(2) A regular firefighter—

(a) to whom this article applies; and

(b) who has given notice under article 59(7) cancelling his election under article 59(1),

may give written notice to the Board that he wishes it to accept payment of a transfer value in order to create or restore his reckonable service.

(3) Paragraph (4) or (5) applies where the Board has accepted—

(a) within 12 months of the date of the notice given under paragraph (2); or

(b) such longer period as it may allow,

payment of a transfer value in relation to a regular firefighter by whom a notice has been given under paragraph (2) (whether or not he has ceased to be a regular firefighter after the date of the notice) not exceeding the amount which it calculates in accordance with article 52 would need to be made as a restitution payment in respect of him.

(4) Where the amount of the transfer value equals the amount which the Board calculates in accordance with article 52 would need to be made as a restitution payment in respect of that firefighter—

(a) the whole of the relevant period shall be treated as reckonable service; and

(b) he shall be treated for the purposes of calculating any award under this Scheme as having made pension contributions throughout the period of reckonable service credited under this paragraph.

(5) Where the amount of the transfer value is less than the amount which the Board calculates in accordance with article 52 would need to be made as a restitution payment in respect of that firefighter—

(a) the Board shall calculate in accordance with the methods and assumptions required by article 52 the period of reckonable service that the transfer value represents and treat as reckonable service such period;

(b) he shall be treated for the purpose of calculating any award under this Scheme as having made pension contributions throughout the period of reckonable service credited under this paragraph; and

(c) that period shall be treated as a continuous period with the same final date as the final date of the relevant period.

(6) Where a regular firefighter who is being credited under paragraph (4) or (5) with a period of reckonable service has previously been credited with an additional period of reckonable service calculated in accordance with Part IV of Schedule 6 (amount of transfer value) in respect of the relevant period, the Board may adjust the amount of the transfer value that it accepts under this article to ensure that no part of the additional period of reckonable service that was previously credited is included in the period of reckonable service credited under paragraph (4) or (5).

(7) In this article and article 52 —

(a) a person shall be taken to have opted out if he had elected under article 59(1) (election not to pay pension contributions) not to pay pension contributions and for any period during which he was a regular firefighter he instead made contributions to a personal pension scheme;

(b) a person shall be taken to have transferred out if a transfer value has been paid in respect of him under article 55 (payment of transfer values) by the Board to a personal pension scheme;and

(c) “relevant period”, in relation to a regular firefighter, means the total of any periods of opted out and, where appropriate, transferred out service.

Calculation of amount of restitution payment

52

(1) The Board shall calculate in accordance with this article the restitution payment that would need to be made to it in respect of a person to whom article 51 applies to create or restore his position to what it would have been if he had not opted out or, where relevant, also transferred out.

(2) The restitution payment for a regular firefighter is an amount equal to the sum of—

(a) the capitalised value at the material date, determined in accordance with the relevant methods and assumptions, which would produce a service credit equal to his total period of opted out service, including the capitalised value of any rights under the Pensions (Increase) Act (Northern Ireland) 1971¹⁸ and the Pensions (Increase) (Northern Ireland) Order 1974¹⁹; and

(b) in the case of a regular firefighter who also transferred out, the greater of—

(i) any transfer value paid to a personal pension scheme in respect of his transferred out service by the Board under article 55 (payment of transfer values), increased by interest calculated at a rate approved by the Government Actuary over the period from the date of payment of that transfer value to the assumed calculation date; and

(ii) the cash equivalent transfer value that would be payable by the Board in respect of that transferred out service if it were to pay a cash equivalent transfer value in respect of that service determined in accordance with the relevant methods and assumptions applicable immediately after the assumed calculation date.

(3) In this article—

“assumed calculation date” means the date on which it is assumed, for the purpose of calculating a restitution payment, that a transfer value will be paid to the Board;

“material date” means the date on which the Board receives a notice under article 51(2); and

“relevant methods and assumptions” means ones notified by the Government Actuary for the calculation of cash equivalent values from occupational pension schemes.

Receipt of transfer value

53

(1) Subject to paragraphs (2) to (4) and (6), the Board may accept a transfer value offered to it, in respect of a person who has become a regular firefighter, by the scheme managers of a superannuation scheme to which he was subject in previous service or employment (“the previous scheme”).

(2) The person must have made a written request to the Board, not later than 12 months after the date on which he takes up employment, for the transfer value to be accepted.

(3) A transfer value may not be accepted—

(a) if one was accepted before 1st April 2006 in relation to the same transfer; or

(b) where the person became a regular firefighter before 1st April 2006 if a transfer value could not have been accepted under Article 65A²⁰ of the 1973 Scheme; or

(i) the previous scheme is a club scheme, or

(ii) the transfer value offered is of at least the required amount.

(4) The required amount is A x B, where—

A is the annual amount of the guaranteed minimum pension to which he would be entitled under article 78 if the transfer value were accepted, and

B is the factor ascertained from the Table by reference to his age at the date on which he requested the Board to accept it.AgeFactor29 or under830 to 39940 to 491050 or over12

(5) A person in respect of whom a transfer value is accepted is entitled to reckon as pensionable service a period calculated in accordance with Part II of Schedule 6.

(6) A transfer value may not be accepted in respect of any pension credit rights.

Transfer payments between fire authorities

54

(1) Where a person—

(a) has retired from the fire and rescue service; and

(b) has after 1st April 2006 become a regular firefighter in a fire and rescue service maintained under the Fire and Rescue Services Act 2004 (“the second fire and rescue service”); and

(c) has become entitled under article 49 to reckon as pensionable service the period he was entitled to reckon when he retired,

the Board shall subject to paragraph (2) pay to the fire authority maintaining the second fire and rescue service a sum calculated in accordance with Part III of Schedule 6.

(2) No sum may be paid in respect of any pension credit rights.

Payment of transfer values

55

(1) Subject to paragraphs (2) to (9), the Board—

(a) may pay a transfer value in respect of a person who has, before attaining state pensionable age, either ceased to serve as a regular firefighter in the fire and rescue service or elected under article 59 not to pay pension contributions and has become subject to another superannuation scheme (“the receiving scheme”); and

(b) shall pay a transfer value in respect of such a person if the receiving scheme is an approved scheme.

(2) The person must within 6 months after becoming subject to the receiving scheme, or such longer period as the Board may in the circumstances allow, have made a written request to the Board for the transfer value to be paid.

(3) A transfer value may not be paid if one was paid before in relation to the same transfer.

(4) A transfer value may not be paid if the person has received any payment in respect of a pension to which he became entitled under Part B on ceasing to serve as a regular firefighter.

(5) A transfer value may not be paid if the person has received any gratuity or repayment of pension contributions to which he became entitled under Part B on ceasing to serve as a regular firefighter unless he—

(a) became subject to the receiving scheme within 12 months, or such longer period as the Board may in the circumstances allow, after ceasing to serve; and

(b) has, within the period allowed by paragraph (2) for requesting payment of the transfer value, repaid to the Board the amount paid to him.

(6) A transfer value may not be paid if the person has a guaranteed minimum in relation to a pension provided by this Scheme, unless—

(a) the receiving scheme is a contracted-out scheme; or

(b) a contributions equivalent premium has been paid in respect of him by the Board and has not been repaid.

(7) A transfer value may not be paid if the person has acquired a right to a cash equivalent, unless—

(a) the service to which the cash equivalent relates includes service before lst October 1990; and

(b) the right has been exercised by requiring the whole of the cash equivalent to be paid to the scheme managers of an approved scheme which is not a club scheme.

(8) A transfer value may not be paid if the person—

(a) has acquired a right to a part cash equivalent; and

(b) would on taking that right remain entitled to a deferred pension.

(9) A transfer value may not be paid in respect of any pension credit rights.

(10) If a transfer value or cash equivalent is paid any award to which the person became entitled under Part B on ceasing to serve as a regular firefighter ceases to be payable.

(11) Part IV of Schedule 6 has effect for determining the amounts of transfer values payable under this article.

PART G — PENSIONABLE PAY AND CONTRIBUTIONS

Pensionable pay and average pensionable pay

56

(1) Subject to paragraph (2), the pensionable pay of a regular firefighter is the pay he receives (whether as a whole-time or part-time member of the fire and rescue service) in the ordinary course of fulfilling his duties as determined—

(a) in relation to his role; or

(b) in the case of a chief fire officer, deputy chief fire officer or assistant chief fire officer, for the post

during the period used to calculate his average pensionable pay in paragraph (4).

(2) For the purposes of paragraph (1), in the case of a person by whom pension contributions became payable after 31st May 1989 either—

(a) for the first time; or

(b) following any period in respect of which they were not payable,

except where regulation 4 of the Retirement Benefit Schemes (Tax Reliefs on Contributions) (Disapplication of Earnings Cap) Regulations 1990²¹ applies his pay shall be taken not to include any excess, in any tax year, over the figure which is the permitted maximum for that year for the purposes of section 594(2) and (3) of the Income and Corporation Taxes Act 1988²² (that is to say, the figure specified for the year by an order made by the Treasury under section 590C(6) of that Act).

(3) For the purposes of article 58 the pensionable pay of a regular firefighter during a period of maternity, paternity or adoption leave shall be deemed to be the pay to which the person is entitled for that period including any statutory maternity, paternity or adoption pay under the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

(4) The average pensionable pay of a regular firefighter is, subject to paragraphs (6) to (8), the aggregate of his pensionable pay for the year ending with the relevant date.

(5) Pay is pensionable pay when it is paid to a regular firefighter at the rate applicable to his role and in the ordinary course of fulfilling his duties under this contract of employment during the relevant period used to determine average pensionable pay.

(6) Subject to paragraphs (7) and (8), if he was in receipt of pensionable pay for part only of the year ending with the relevant date, his average pensionable pay is the aggregate of his pensionable pay for that part multiplied by the reciprocal of the fraction of the year which that part represents.

(7) For the purposes of paragraphs (4) and (6) any reduction of pensionable pay as a result of any-

(a) sick leave;

(b) stoppage by way of punishment;

(d) paid additional maternity or additional adoption leave ; or

(e) unpaid additional maternity or additional adoption leave where contributions have been paid under article 58,

shall be disregarded.

(8) If the amount determined in accordance with paragraphs (3) to (6) is less than it would have been if the relevant date had been the corresponding date in whichever of the two preceding years yields the highest amount, that corresponding date shall be taken to be the relevant date.

(9) The relevant date is—

(a) for the purposes of article 29 (spouse’s or civil partner’s award where no other award payable) the date of the person’s last day of service as a regular firefighter; and

(b) for all other purposes of this Scheme, the date of his last day of service in a period during which pension contributions were payable under article 57(1).

(10) A regular firefighter’s average pensionable pay for a week is his average pensionable pay divided by 52 1/6th.

Pension contributions

57

(1) A regular firefighter shall, except where an election under article 59 has effect, pay pension contributions to the Board at the rate specified in paragraph (2).

(2) The rate is—

(a) for a person who takes up employment with the Board on or after 6th April 2006, unless article 2(6) applies, 8.5 per cent of his pensionable pay; or

(b) in any other case, 11 per cent of his pensionable pay.

(3) The contributions payable under paragraph (1) on each instalment of pay are due at the same time as that instalment and, without prejudice to any other method of payment, may be deducted by the Board from the instalment.

(4) For each financial year beginning with the financial year commencing on 1st April 2006, the Board shall, by transfer to its Firefighters’ Pension Fund from any other fund maintained by it, make an annual contribution towards the discharge of its future liability for the payment of pensions under this Scheme and the Compensation Scheme.

(5) The annual contribution shall be such percentage of the Board’s estimate of the aggregate of the pensionable pay, for the year in respect of which the contribution is made, of those firefighters employed by the Board who are required by paragraph (1) to make pension contributions in that year, as shall have been notified to it for that year by the Department.

(6) Where a firefighter elects under article 59(1) not to pay pension contributions, nothing in paragraphs (3) and (4) shall require the Board to make a contribution in respect of its future liability for the payment of his pension as regards—

(a) in the financial year in which notice of that election is given, the part of the year that falls after the first date after the notice is received on which an instalment of pay falls due; and

(b) any later period in which the election not to pay pension contributions has effect.

Optional pension contributions during maternity and adoption leave

58

(1) A regular firefighter who—

(a) is on maternity or adoption leave which would not otherwise count as pensionable service under article 47; and

(b) for the whole or part of the period of leave is not entitled to receive pay (including any statutory maternity pay or statutory adoption pay under the Social Security Contributions and Benefits (Northern Ireland) Act 1992)²³,

may elect to pay pension contributions in respect of such period.

(2) The contributions shall be calculated by applying article 57 to the pensionable pay (including any statutory maternity or adoption pay under the Social Security Contributions and Benefits (Northern Ireland) Act 1992) received by him immediately before the start of the unpaid period in question.

(3) An election to pay pension contributions under paragraph (1) must be made by the person in writing to the Board before the expiry of a period of 30 days (or such longer period as the Board may allow) beginning with—

(a) the day on which he returns to work; or

(b) if he does not return to work after the leave period, the day he ceases to be employed by the Board.

(4) Where the person dies before the end of the period in paragraph (3) without having given the required notice, he shall be deemed to have given the notice and to have paid the contributions.

(5) On receipt of the notice the Board shall calculate the amount of contribution due and shall give notice in writing of that amount to the person concerned.

(6) Where the full amount of contributions due has not been paid within 6 months of the date of notice in paragraph (5), the person concerned shall be entitled to reckon as pensionable service such proportion of the period in respect of which contributions were due, as the contributions paid relate to the total amount of contributions due.

(7) Where the period of additional maternity or additional adoption leave ended prior to 1st April 2006 the provisions of this article shall apply where the person gives written notice to the Board by 30th April 2007.

Election not to pay pension contributions

59

(1) Subject to paragraph (11), a regular firefighter may at any time, by giving written notice to the Board, elect that article 57 is not to apply in his case.

(2) Subject to paragraphs (3) and (4), an election under paragraph (1) takes effect on the first date after the notice is received on which an instalment of pay falls due.

(3) In the case of a person who has given notice under paragraph (1) within 3 months after the date on which he last became a regular firefighter (“the material date”), the election shall be treated as having taken effect on the material date.

(4) Where—

(a) a person gives notice under paragraph (1) within 3 months of taking up employment as a regular firefighter; and

(b) no transfer of pension rights from another pension scheme has been made in respect of him,

the election shall be treated as given on his first day of employment and the Board shall repay the pension contributions made by him.

(5) Where an election is to be treated as having taken effect on the material date—

(a) the Board shall repay the person the pension contributions paid by him since that date; and

(b) for the purposes of articles 28 and 29 pension contributions shall be taken not to have been payable by him at any time.

(6) Where aggregate pension contributions are repaid under paragraph (4), the Board shall transfer from its Firefighters’ Pension Fund to any other fund maintained by it an amount equal to the aggregate of the amounts that it has paid by way of employer’s contributions under article 57(4) in respect of the firefighter concerned.

(7) Subject to paragraphs (8) and (9), a person who has made an election under paragraph (1) may cancel it by giving written notice to the Board.

(8) Except in the case of a person to whom article 51 applies, a notice under paragraph (7) must be given no later than his 45th birthday.

(9) Except in the case of a person to whom article 51 applies, the Board may resolve that a person’s election may not be cancelled unless he has undergone a medical examination, at his own expense, and satisfied it as to his good health.

(10) Where an election is cancelled it ceases to have effect on the first date after the notice is received on which an instalment to pay falls due.

(11) A person who has cancelled an election made under paragraph (1) may not make a further election under that paragraph during the same period of service as a regular firefighter.

(12) References in this Scheme to any period during which an election under this article not to pay pension contributions had effect shall not include any period in respect of which a transfer value or lump sum has been paid under article 51.

Continued payment of additional and further contributions

60

A regular firefighter who immediately before 1st April 2006 was still liable to pay additional or further contributions pursuant to an election under Article 52(2) or (3) of the 1973 Scheme shall continue to pay them, except while an election under article 59 has effect, for so long as they would have remained payable if that Scheme had not been revoked.

Purchase of increased benefits

61

(1) For the purpose of securing increased benefits as provided in article 64, additional sixtieths of average pensionable pay may be purchased in accordance with articles 62 and 63 by eligible persons.

(2) An eligible person is a regular firefighter—

(a) who is paying pension contributions under article 57;

(b) whose normal pension age is at least 9 years after the date on which he last became a regular firefighter; and

Election to purchase increased benefits

62

(1) Subject to paragraphs (2) to (4), an eligible person may, by giving written notice to the Board, elect to purchase a specified number of sixtieths on his average pensionable pay by paying to the Board—

(a) a lump sum calculated in accordance with paragraph 1 or 2 of Part I of Schedule 7; or

(b) periodical contributions calculated in accordance with paragraph 3 or 4 of that Part.

(2) The number of sixtieths specified—

(a) must not be such that, if he continued to serve as a regular firefighter until his normal pension age, more than 40 sixtieths of his average pensionable pay would count in calculating his pension; and

(b) need not be a whole number.

(3) An election to pay a lump sum—

(a) must be made within 12 months after the date on which he last became a regular firefighter; and

(b) if the sum is not paid within 3 months of the date that payment of periodical contributions commenced, that portion of the election shall be treated as not having been made.

(4) An election to pay periodical contributions must be made at least 2 years before the person’s retirement date, but no such election may be made—

(a) if the Board has notified him that they require him to retire under article 10 (efficiency) or 11 (disablement), or

(b) if the Board so resolves, unless he has at his own expense undergone a medical examination and satisfied it as to his good health.

(5) An election under this article—

(a) takes effect, subject to paragraph (3)(b), on the day on which the written notice is received by the Board;

(b) continues to have effect notwithstanding any postponement by reason of promotion of the date on which the person could be required to retire on account of age; and

Payment of periodical contributions for increased benefits

63

(1) Subject to paragraphs (2) and (3), where a person has elected under article 62 to pay periodical contributions they are payable from his next birthday and continue to be payable until the earliest of—

(a) his normal pension age;

(b) the date on which he ceases to serve as a regular firefighter; and

(2) If before his normal pension age he—

(a) retires with an ill-health pension, and resumes service as a regular firefighter; or

(b) having made an election under article 59, cancels it,

the contributions again become payable, and continue to be payable as provided in paragraph (1).

(3) If the Board is satisfied that payment of the periodical contributions is causing, or is likely to cause, financial hardship it may consent to the discontinuance of payment for such period as it thinks fit.

Effect of payment for increased benefits

64

(1) Where a person has paid a lump sum, or begun paying periodical contributions, in accordance with an election under article 62—

(a) if he becomes entitled to a pension under article 13, 14, 15 or 16 (ordinary, short-service, ill-health and deferred pensions) the amount of the pension, before any commutation under article 18, shall be increased by the appropriate amount; and

(b) awards mentioned in paragraph 2(2), 3(2), 4 and 5 of Part III of Schedule 7 shall be increased in accordance with that Part.

(2) Subject to paragraph (3), where the person—

(a) dies while serving as a regular firefighter; or

(b) retires with an ill-health pension; or

the appropriate amount is the number of sixtieths of his average pensionable pay specified in the election.

(3) If the person had begun paying periodical contributions and—

(a) payment of those contributions had at any time been discontinued under article 63(3); or

(b) he had made and subsequently cancelled an election under article 59,

the appropriate amount is the amount described in paragraph 1 of Part II of Schedule 7.

(4) Where on—

(a) ceasing to be a member of the fire and rescue service in circumstances not falling within paragraph (2); or

(b) making an election under article 59 which is not subsequently cancelled,

the person does not become entitled to the repayment of his aggregate pension contributions, the appropriate amount is to be ascertained from paragraphs (5) and (6).

(5) Subject to paragraph (6)—

(a) if he had paid a lump sum, the appropriate amount is the number of sixtieths of his average pensionable pay specified in the election; and

(b) if he had begun paying periodical contributions, the appropriate amount is the amount described in paragraph 2 of Part II of Schedule 7.

(6) Where he retires with an ordinary pension before his normal pension age, the appropriate amount is the amount specified in paragraph (5)(a) or (b) reduced by the actuarial valuation described in paragraph 3 of Part II of Schedule 7.

PART H — DETERMINATION OF QUESTIONS AND APPEALS

Determination by the Board

65

(1) The question whether a person is entitled to any and, if so, what awards shall be determined in the first instance by the Board.

(2) Subject to paragraph (3), before deciding, for the purpose of determining that question or any other question arising under this Scheme—

(a) whether a person has been disabled;

(b) whether any disablement is likely to be permanent;

(d) whether a person has become incapable of performing the duties of a regular firefighter; or

(e) any other issue wholly or partly of a medical nature,

the Board shall obtain the written opinion of at least one qualified medical practitioner selected by it and the opinion of the qualified medical practitioner shall be binding on the Board.

(3) If by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the practitioner or practitioners selected by it the Board is unable to obtain the opinion mentioned in paragraph (2), it may—

(a) on such other medical evidence as it thinks fit; or

(b) without medical evidence,

give such decision on the issue as it may choose to give.

Appeal against opinion on a medical issue

66

(1) Where—

(a) an opinion of the kind mentioned in article 65(2) has been obtained; and

(b) within 14 days of his being notified of the Board’s decision on the issue the person concerned applies to it for a copy of the opinion,

the Board shall supply him with a copy, together with a statement informing the person concerned that, if he wishes to appeal against the opinion, he must give the Board written notice of his grounds of appeal, together with his name and address, within 14 days of the date on which he is so supplied.

(2) If the person concerned is dissatisfied with the opinion which has been supplied to him under paragraph (1), he may appeal against it by giving notice to the Board in accordance with paragraph 1 of Schedule 8.

(3) The Board shall be bound by any decision on a medical issue duly given on an appeal under this article. A decision given under this article overrules that of the medical practitioner selected by the Board under article 65.

(4) In this article, “medical issue” means any issue referred to in article 65(2).

(5) Further provisions as to appeals under this article are contained in Schedule 8.

Appeal against decision of the Board

67

(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the Board—

(a) does not admit the claim at all; or

(b) does not admit the claim to its full extent,

the Board shall reconsider the case if he applies to it to do so.

(2) If he is dissatisfied with any determination given by the Board on reconsidering the case he may, within 2 months of being informed by the Board of the decision, appeal to the Department against the decision of the Board.

(3) The Department shall, unless it appears to it that the case is of such a nature that it can properly be determined without taking oral evidence, arrange for the hearing of the appeal, and at any such hearing the appellant shall be entitled to have an opportunity of submitting statements relating to the subject matter of the appeal, calling witnesses, giving evidence and making such representations as he desires, and shall be entitled to have the assistance in presenting his case of a person selected by himself.

(4) After considering in accordance with the foregoing provisions of this article all the circumstances of the case the Department shall either allow the claim to such extent as it thinks fit or dismiss the appeal.

(5) Nothing in this paragraph shall authorise the Department to:-

(a) control or restrict the exercise of any discretion which is by this Scheme vested in the Board other than the discretion so vested by article 84;

(b) reopen any medical issue decided on appeal under article 66; or

(6) The decision of the Department on an appeal under paragraph (2) shall be final and binding on both parties.

PART I — SERVICEMEN

Preliminary

68

(1) A serviceman is a person who immediately before undertaking relevant service in the armed forces was a regular firefighter.

(2) For the purposes of this Scheme a serviceman is to be treated as having continued to be a regular firefighter during his period of relevant service in the armed forces (referred to in this Part as his “forces period”).

Award to servicemen

69

(1) This article applies to a serviceman who at the end of his forces period is permanently disabled.

(2) Subject to paragraphs (3) and (4), article 15 (ill-health award) has effect in relation to a serviceman to whom this article applies as if he had been required to retire under article 11 (compulsory retirement on grounds of disablement) at the end of his forces period.

(3) Where the infirmity that occasioned his incapacity for the performance of duty was occasioned by an injury received during his forces period the Board may, in its discretion—

(a) pay him, instead of an ill-health gratuity under article 15(2)(b), a pension at the rate of 1/12th of his average pensionable pay; and

(b) subject to paragraph (4), increase any such pension, or any ill-health pension payable to him under article 15(2)(a).

(4) Schedule 6 to the Compensation Scheme has effect for limiting increases under paragraph (3)(b).

Awards on death of servicemen

70

(1) This article applies in the case of a serviceman who—

(a) dies during his forces period; or

(b) was permanently disabled at the end of his forces period, has not since been a regular firefighter and dies either from the effects of an injury that occasioned his incapacity for the performance of duty or while in receipt of a pension.

(2) Subject to paragraphs (4) and (5), where this article applies—

(a) article 25 (spouse’s or civil partner’s ordinary pension) has effect as if the serviceman had died in the circumstances mentioned in article 25(1)(b) to (d); and

(b) if the serviceman died during his forces period and no pension is payable under article 25, article 29 (spouse’s or civil partner’s award where no other award payable) has effect as if he had died in the circumstances mentioned in article 29(1).

(3) Subject to paragraph (4) where this article applies article 33 (Child’s ordinary allowance) has effect as if the serviceman had died in the circumstances mentioned in article 33(1).

(4) If the serviceman dies from the effects of an injury received during his forces period the Board may—

(a) pay the surviving spouse or civil partner, instead of a gratuity under article 29(2)(b), a pension of the appropriate amount; and

(b) subject to paragraph (6), increase any such pension and any pension or child’s allowance payable under article 25 or 33.

(5) The appropriate amount mentioned in paragraph (4)(a) is £379.78 increased as described in article 44(8) (flat-rate awards).

(6) Schedule 6 to the Compensation Scheme has effect for limiting increases under paragraph (4)(b).

Servicemen who do not resume service in the fire and rescue service

71

(1) Subject to paragraph (3), a serviceman who does not resume service in the fire and rescue service within one month from the end of his forces period shall be treated for the purposes of the material provisions as having left the fire and rescue service at the end of that period.

(2) The material provisions are those of articles 16 (deferred pension), 27 (limitation award to surviving spouse or civil partner with reference to date of marriage or civil partnership), 48 (previous service reckonable without payment), 49 (previous service reckonable on payment), 55(9) (no award where transfer value paid) and 56 (pensionable pay and average pensionable pay).

(3) The serviceman may apply for the consent mentioned in article 49(1)(b) (Authority’s consent to rejoining fire and rescue service) within one month from the end of his forces period.

Pensionable service

72

For the purposes of article 46(1) a serviceman shall be treated as having continued during his forces period to serve in the fire and rescue service.

Pension contributions

73

(1) Subject to paragraph (2), for the purposes of article 57 a serviceman’s pensionable pay during his forces period is the pay he would have received if he had continued to serve in the fire and rescue service.

(2) A serviceman shall for those purposes be treated as having received no pensionable pay (and accordingly is not liable to pay contributions) in respect of any period during which the total of—

(a) his service pay; and

(b) any payments under Part V of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951²⁴,

is less than the pensionable pay described in paragraph (1).

PART J — PENSION CREDIT MEMBERS

Pension credit member’s entitlement to pension

74

(1) Subject to article 75, a pension credit member is entitled to a pension for life which becomes payable-

(a) when he attains normal benefit age, or

(b) if it is later, when the pension sharing order under which he is entitled to the pension credit takes effect.

(2) The pension must be of such an amount that its actuarial value is equal to the member’s pension credit, as calculated from tables prepared by the Government Actuary and in accordance with regulations made under paragraph 5(b) of Schedule 5 to the 1999 Order.

Commutation of the pension credit benefits

75

(1) In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000²⁵ (commutation of the whole of pension credit benefit), the Board may commute for a lump sum the whole of the pension to which a pension credit member is entitled under article 74.

(2) A person entitled or prospectively entitled to such a pension may commute for a lump sum a portion of the pension (“the commuted portion”).

(3) But paragraph (2) does not apply if the pension debit member from whose rights the pension credit member’s pension credit is derived has received a lump sum under article 18 before the date on which the pension sharing order takes effect.

(4) The lump sum under paragraph (2) is the actuarial equivalent of the commuted portion at the normal benefit age, calculated from tables prepared by the Government Actuary.

(5) But the lump sum under paragraph (2) may not exceed the annual rate of the pension for the first year it is payable (disregarding any reduction under this article or any other article of the Scheme), multiplied by 2.25.

(6) A person who wishes to commute a portion of a pension under paragraph (2) must not later than 6 months after—

(a) the date on which the person attains normal benefit age; or

(b) the date on which the pension sharing order takes effect,

whichever is the later, give the Board written notice of commutation, specifying the portion to be commuted.

(7) Notice of commutation takes effect on the later of—

(a) the date on which the pension under article 74 becomes payable; and

(b) the date on which it is received by the Board.

(8) When a person’s notice of commutation takes effect, the Board shall—

(a) reduce the pension, as from the effective date, by the commuted portion; and

(b) pay him the lump sum, reduced where the effective date is the date of receipt of the notice, by the difference between the aggregate payments made in respect of the pension and the aggregate payments that would have been made in respect of it if it had been reduced from—

(i) the date on which the person attains normal benefit age; or

(ii) the date on which the pension sharing order takes effect,

whichever is the later.

Death grants where pension credit member dies before pension credit benefits payable

76

If a pension credit member dies before any benefits deriving from the member’s pension credit have become payable to him under this Scheme, a lump sum death grant is to be paid to the personal representatives of an amount equal to the annual rate of the pension to which the member would have been entitled under article 74 if he had attained normal benefit age on the date of his death (as calculated from tables prepared by the Government Actuary) multiplied by 2.25.

Application of general rules

77

(1) The provisions of this Scheme specified in paragraph (2) apply to pension credit members and awards payable to or in respect of them, but apart from where provision is made by this Part or a contrary intention is otherwise indicated—

(a) this Scheme shall not apply to pension credit members and benefits payable to or in respect of them, except if and to the extent that they are also members of another description or dependants of a member; and

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.