The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

• (2) Where any written evidence or statement has been submitted under sub-paragraph (1) less than 7 days before the date appointed for the interview, any written evidence or statement in response may be submitted by the other party to the independent medical referee and the party submitting the first-mentioned evidence or statement at any time up to, and including, that date.

• (3) Where any written evidence or statement is submitted in contravention of sub-paragraph (1), the independent medical referee may postpone the date appointed for the interview and require the party who submitted the evidence or statement to pay such reasonable costs of the independent medical referee and of the other party as arise from the postponement.

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The independent medical referee shall supply the Board with a written report of his decision on the relevant medical issues and the Board shall supply a copy of the report to the appellant.

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• (1) There shall be paid to the independent medical referee—

• (a) such fees as are determined in accordance with arrangements made by the Department; or

• (b) where no such arrangements have been made, such fees and allowances as the Department may from time to time determine.

• (2) Any fees and allowances payable to the independent medical referee under sub-paragraph (1) shall—

• (a) be paid by the Board; and

• (b) be treated for the purposes of paragraph 8 as part of the Board’s expenses.

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• (1) Subject to paragraph 8(3) and sub-paragraphs (2) to (6), the expenses of each party to the appeal shall be borne by that party.

• (2) Where the independent medical referee—

• (a) decides in favour of the Board; and

• (b) reports that in his opinion the appeal was frivolous, vexatious or manifestly ill-founded,

the Board may require the appellant to pay it such sum, not exceeding the amount of the fees and allowances payable to the independent medical referee under paragraph 10(1), as it thinks fit.

• (3) Where the appellant gives notice to the independent medical referee of withdrawing the appeal within 21 working days of the date appointed for an interview by the independent medical referee under paragraph 7(2), the Board may require the appellant to pay it such sum, not exceeding the total amount of fees and allowances payable to the independent medical referee under paragraph 10(1) as it thinks fit.

• (4) Where the independent medical referee—

• (a) decides in favour of the appellant, and

• (b) does not otherwise direct,

the Board shall refund to the appellant the amount specified in sub-paragraph (5).

• (5) The amount is the total of—

• (a) any personal expenses actually and reasonably incurred by the appellant in respect of any interview under paragraph 7; and

• (b) if any such interview was attended by a qualified medical practitioner appointed by the appellant, any fees and expenses reasonably paid by the appellant in respect of such attendance.

• (6) For the purposes of sub-paragraphs (2) and (4) any question arising as to whether the independent medical referee’s decision is in favour of the Board or of the appellant shall be decided by the independent medical referee, or in default by the Department.

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Any notice, information or document which an appellant is entitled to receive for the purposes of this Part shall be deemed to have been received by him if it was duly posted in a letter addressed to him at or sent to him at an email address which he supplied.

SCHEDULE 3 — TRANSITIONAL ARRANGEMENTS

Regular firefighters who became members of the 2007 scheme on or after 6th April 2006

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• (1) The following provisions of this paragraph apply in relation to regular firefighters who became members of the 2007 Scheme on or after 6th April 2006 and before the coming into operation of this Order.

• (2) Where, before the coming into force of this Order, the firefighter made an election under article 59 of the 2007 Scheme (election not to pay pension contributions), that election shall be treated on and after the coming into operation of this Order as an election under article 8 of the New Firefighters’ Pension Scheme (Northern Ireland) (“the new scheme”).

• (3) The period of the firefighter’s service as a member of the 2007 Scheme shall be treated as a period of qualifying service under article 55(1)(a) of the new scheme.

• (4) The period of the firefighter’s pensionable service accrued under the 2007 Scheme shall be treated as pensionable service accrued under article 56(1)(a) of the new scheme.

• (5) Where, before 6th April 2006, the Board accepted a transfer value in respect of the firefighter under article 53 of the 2007 Scheme (receipt of transfer value)—

• (a) the amount accepted shall be treated as a transfer value payment accepted under article 80 of the new scheme, irrespective of paragraphs (2) and (3) of article 56, and

• (b) article 81 shall apply as if, for paragraph (2), there were substituted—

(2) For the purposes of that calculation, the member’s pensionable earnings are to be taken to be the amount of those earnings as at the date on which the transfer value payment is received.

Options for pre-6th April 2006 members of the 2007 Scheme

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• (1) Sub-paragraph (2) applies in relation to each person who—

• (a) was a member of the 2007 Scheme both before 6th April 2006 and immediately before the coming into operation of this Order; and

• (b) was not at any time before the coming into operation of this Order in receipt of a pension or entitled to a deferred pension under that Scheme.

• (2) The Board shall, not later than six months after this Order comes into operation give to each person to whom this sub-paragraph applies a written statement—

• (a) of the pensionable service that the Board would treat the person as having accrued in the new scheme (calculated in accordance with paragraph 3) if he were to elect to transfer his accrued rights under the 2007 Scheme to the new scheme;

• (b) that, if he wishes to make such an election, he must do so by notice in writing to the Board not later than three months after the date of receipt of the Board’s statement; and

• (c) that a transfer in accordance with such an election will have effect from 6th April 2006.

• (3) A person’s notice under sub-paragraph (1)(b) must state whether he wishes—

• (i) to retain his accrued rights in the 2007 Scheme; or

• (ii) to transfer those rights, calculated in accordance with paragraph 3, to the new scheme.

• (4) The Board must not accept a person’s election to transfer his accrued rights if the aggregate of—

• (a) his pensionable service treated as accrued as mentioned in sub-paragraph (2)(a); and

• (b) his prospective pensionable service, on the assumption that he continues to be a member of the new scheme until he reaches the age of 60,

would exceed 45 years by the time of his 60th birthday.

• (5) Where the Board accepts a person’s election to transfer his accrued rights, the transfer shall have effect from 6th April 2006; and the Board shall—

• (a) within 28 days after the date on which it receives his notice under sub-paragraph (2)(b), make all the arrangements necessary to give effect to that election; and

• (b) within 28 days of making those arrangements, supply him with a written statement of the pensionable service credited in the new scheme in consequence of the transfer of his accrued rights.

• (6) A person whose election to transfer his accrued rights has been accepted shall be treated as having ceased to be a member of the 2007 Scheme on 6th April 2006.

• (7) Where a person elects to transfer to the new scheme—

• (a) pensionable service that he accrued in the 2007 Scheme on and after that date shall be disregarded for the purposes of the 2007 Scheme;

• (b) his pensionable and qualifying service on and after that date shall, insofar as it does not accrue in the new scheme, be treated as having accrued in that scheme; and

• (c) the Board shall refund to him the amount of the difference between the pension contributions—

• (i) that he made, as a member of the 2007 Scheme, in respect of the period beginning on 6th April 2006 and ending on the date on which all necessary arrangements to give effect to his election have been made; and

• (ii) that he would have made, as a member of the new scheme, in respect of that period.

• (8) Where a person in relation to whom sub-paragraph (2) applies had elected under article 62 of the 2007 Scheme to purchase increased benefits—

• (a) his election under that article shall, notwithstanding paragraph (5)(c) of that article, be treated as revoked with effect from 6th April 2006;

• (b) nothing in paragraph (a) shall affect his entitlement to make an election under article 66 of the new Scheme (election to purchase additional service); and

• (c) for the purposes of article 65(4), the calculation under sub-paragraph (a) or, as the case may be, the determination under sub-paragraph (b), shall be made on the basis of his age at the time of his election under article 62 of the 2007 Scheme.

Calculation of transferred-in pensionable service

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For the purposes of calculating the pensionable service that a person is treated as having accrued in the new scheme on the transfer of his accrued rights under the 2007 Scheme, the Board shall—

• (a) have regard to guidance and tables provided by the Scheme Actuary for the purposes of this Schedule, and

• (b) disregard Chapter 3 of Part 12 of the new scheme (transfers into the Scheme).

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 22nd March 2007

Nigel Carson — A senior officer of the Department of — Health, Social Services and Public Safety

The Department of Finance and Personnel approves this Order.

Sealed with the Official Seal of the Department of Finance and Personnel on 22nd March 2007

Dr Mary McIvor — A senior officer of the Department — of Finance and Personnel

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision for a new pension scheme for and in respect of firefighters employed by the Northern Ireland Fire and Rescue Service (“the new Scheme”). The new Scheme has effect from 6th April 2006 and replaces the Firefighters’ Pension Scheme set out in the Annex to the Firefighters’ Pension Scheme Order 2007 (“the 2007 Scheme”). Power to give the Scheme retrospective effect is conferred by Article 10(4) of the Fire Services (Northern Ireland) Order 1984, as continued by the Fire and Rescue Services (Northern Ireland) Order 2006.

Part 1 of the new Scheme contains general introductory provisions.

The new Scheme is available to all firefighters employed by the Northern Ireland Fire and Rescue Service, whether whole-time or part-time and whether regular, retained or volunteer, who satisfy one of the eligibility conditions set out in Part 2 of the Scheme. Part 2 also deals with membership of the Scheme.

Part 3 makes provision for the payment of pensions to firefighter members. It introduces Schedule 1, which provides for the calculation of ill-health pensions.

Part 4 deals, in Chapter 1, with pensions for surviving spouses, civil partners and nominated partners and, in Chapter 2, with pensions for children.

Part 5 provides for the payment of death grants and post-retirement death grants.

Part 6 deals with pension-sharing on divorce.

Part 7 contains provisions relevant to firefighters who serve in the armed forces.

Part 8, to which Schedule 2 to the Scheme is relevant, provides for the determination of questions and appeals arising under the Scheme.

Part 9 deals with the review, withdrawal and forfeiture of awards.

Part 10 contains provisions about qualifying service and pensionable service.

Part 11 deals with pensionable pay, pension contributions and the purchase of additional service.

Part 12 provides for transfers into and out of the Scheme.

Part 13 deals with the accounting aspects of the Scheme, including the operation of the Firefighters’ Pension Fund for that purpose.

Part 14 provides for the payment of awards.

Part 15 contains miscellaneous provisions, including provisions about annual benefit statements.

The new Scheme differs from the 2007 Scheme in the following major respects:

• (c) it is open to retained and volunteer firefighters as well as regular firefighters;

• (d) pensions can be paid to a nominated partner as well as a spouse or civil partner;

• (e) the normal retirement age will be 60; under the 2007 Scheme it is 55 (with some exceptions);

• (f) the age at which deferred pensions will normally be paid will be 65; under the 2007 Scheme it is 60;

• (g) firefighter members may request early payment of pension from age 55, subject to actuarial reduction;

• (h) the Board may for economical, effective and efficient management reasons pay pensions from age 55 without actuarial reduction; under the 2007 Scheme, payment could be made in similar circumstances from age 50 provided that the firefighter had at least 25 years’ pensionable service;

• (i) pension will accrue at 1/60th per year. A firefighter member will be able to accrue more than 40 years’ pensionable service;

• (j) a firefighter member will be able to commute up to a quarter of his pension for a lump sum [and there will be a single commutation factor regardless of age or sex with each £1 of pension commuted providing a lump sum of £12];

• (k) enhancements for the higher tier ill-health retirement pension will be based on a formula where accrued pensionable service is increased by 2% and then multiplied by the amount of prospective service to the normal retirement age. This will ensure that enhancements are more evenly graduated than under the 2007 Scheme;

• (l) where a firefighter member is subject to a reduction in pay because of a change in role he will qualify for a split pension. At the point of reduction the first pension will be closed and therefore based on the higher pay rate and a new pension started. When the member retires both pensions will be payable;

• (m) the death grant when a firefighter member dies in service will be three times pensionable pay at the date of death; under the 2007 Scheme it is two times pensionable pay;

• (n) any pension paid to an adult survivor who is 12 or more years younger than the firefighter member will be reduced by 2.5% for every year or part year above the 12 years, up to maximum of 50%; there is no such restriction under the 2007 Scheme;

• (o) the member’s contribution rate will be 8.5%; under the 2007 Scheme, for members who joined before 6th April 2006, the rate was 11%.

Service transferred from the 2007 Schemewill be transferred at a special rate during the first three months after the new Scheme comes into force.

A full regulatory impact assessment has not been produced for this Order, as it has no impact on the costs of business, charities or voluntary bodies.

Footnotes

Editorial notes