(a) in respect of a period that includes 30th June 2007 is entitled to a long service increment or an interim or transitional payment connected with long service, and

(b) on or after 1st October 2007—

(i) retires from employment as a regular firefighter, or

(ii) becomes entitled to a deferred pension under article 13,

shall be credited with an amount of additional pension benefit.

(2) Subject to paragraph (3) and article 17C(5), the amount of additional pension benefit is that found by applying the formula—

$A+(B×2)60×£990$

Where—

A is the number in years (counting part of a year as the appropriate fraction) by which the member’s continuous pensionable service in the employment of the Board and subsequent continuous pensionable service up to and including 30th June 2007, exceeds 15 but does not exceed 20; and

B is the number in years (counting part of a year as the appropriate fraction) by which his continuous pensionable service in the employment of the Board and subsequent continuous pensionable service up to and including 30th June 2007, exceeds 20 but does not exceed 30.

(3) Until 11th April 2011, where the Retail Prices Index for the month of September preceding the relevant tax year is higher than it was for September 2007, the amount of additional pension benefit (as calculated in accordance with paragraph (2) and, if applicable, this paragraph) shall be increased by the same percentage as the percentage increase in the Retail Prices Index.

(3A) On and after 11th April 2011, the amount of additional pension benefit (as calculated in accordance with paragraph (2) and paragraph (3) and, if applicable, paragraph (3B) and this paragraph) shall be increased on the first Monday of the following relevant tax year by the same amount as any increase which would have applied if that additional pension to which the Pensions (Increase) Act (Northern Ireland) 1971 applied and the beginning date for that pension were the 1st July of the tax year immediately before the relevant tax year.

(3B) For the avoidance of doubt, the increase of additional pension benefit in the tax year 2010/2011 shall be increased by the same percentage as the percentage increase in the Consumer Prices Index in September 2010 with effect from Monday 11th April 2011.

(4) Any increase in accordance with paragraph (3) shall be applied with effect from the first Monday of the relevant tax year.

(5) In paragraphs (3) and (3A) —

“the beginning date” means the date on which the pension is treated as beginning for the purposes of section 8(2) of the Pensions (Increase) Act (Northern Ireland) 1971;

“following relevant tax year” means the tax year after the relevant tax year, in relation to which the member is not a pensioner member or a deferred member;

“relevant tax year” means a tax year in relation to which—the amount of a firefighter member’s pension benefits is calculated for the purposes of this Scheme; andhe is not a pensioner member or a deferred member; and “tax year” means the period of 12 months beginning with 6th April.

“tax year” means the period of 12 months beginning with 6th April.

Additional pension benefit: continual profession development

17B

(1) Where the Board determines that the benefits listed in paragraph (5) are pensionable, and in any additional pension benefit year pays any such pensionable benefits to a firefighter member, the Board shall credit the firefighter member with an amount of additional pension benefit in respect of that year.

(2) Subject to paragraphs (3) and (4), the amount of additional pension benefit in respect of that year shall be determined on 1st July immediately following the year in question in accordance with guidance and tables provided by the Scheme Actuary and separate guidance and tables shall be provided for special members.

(3) The amount of additional pension benefit determined in accordance with paragraph (2) shall be increased on the first Monday of the following relevant tax year by the same amount as any increase which would have applied if that additional pension benefit were a pension to which the Pensions (Increase) Act (Northern Ireland) 1971 applied and the beginning date for that pension were the 1st July of the tax year immediately before the relevant tax year.

(4) For the avoidance of doubt, the increase of additional pension benefit in the tax year 2010/2011 shall be increased by the same percentage as the percentage increase in the Consumer Prices Index in September 2010 with effect from Monday 11th April 2011.

(5) The benefits referred to in paragraph (1) are—

(a) any allowance or supplement to reward additional skills and responsibilities that are applied and maintained outside the requirements of the firefighter member’s duties under the contract of employment but are within the wider functions of the job;

(b) the amount (if any) paid in respect of a firefighter member’s continual professional development;

(c) the difference between the firefighter member’s basic pay in their day to day role and any pay received whilst on temporary promotion or where he is temporarily required to undertake the duties of a higher role;

(d) any performance related payment which is not consolidated into his standard pay.

(6) In this article—

“additional pension benefit year” means the period of 12 months beginning with 1st July in which a firefighter is in receipt of any of the benefits listed in paragraph (5);

“the beginning date” means the date on which the pension is treated as beginning for the purposes of section 8(2) of the Pensions (Increase) Act (Northern Ireland) 1971;

“following relevant tax year” means the tax year after the relevant tax year, in relation to which the member is not in receipt of a pension under this Scheme or entitled to a deferred pension under article 13;

“relevant tax year” means a tax year in relation to which—the amount of a firefighter member’s pension benefits determined under this article for the purposes of this Scheme is taken into account for tax purposes, andthe firefighter member is not in receipt of a pension under this Scheme or entitled to a deferred pension under article 13, and

“tax year” means the period of 12 months beginning with 6th April.

Additional pension benefit: supplementary provisions

17C

(1) Subject to paragraphs (2) to (4), additional pension benefit under article 17A or 17B is payable at normal retirement age.

(2) Where the firefighter member resigns or is dismissed or makes a contributions election, additional pension benefit is payable at normal benefit age; and paragraphs (4) to (6) of article 13 (deferred pension) shall apply in relation to that benefit as if it were a deferred pension to which he was entitled under that article.

(2A) Where article 4B of Part 2 applies to a person (P) who is not a connected member or entitled to the payment of an ill-health award under regulation 73 (entitlement to lower tier ill-health pension and higher tier ill-health pension) of the 2015 Regulations, additional pension benefit is payable at normal benefit age, paragraphs (4) to (6) of article 13 (deferred pension) shall apply in relation to that benefit as if it were a deferred pension to which P was entitled under that article.

(3) Where the firefighter member leaves his employment on ill-health retirement, his additional pension benefit is payable immediately.

(3A) Where the firefighter member is entitled to an ill-health award under regulation 73 of the 2015 Regulations, additional pension benefit is payable under this Scheme at the same time as the equivalent amount to the NFPS lower tier ill-health pension is payable under the 2015 Scheme.

(4) Where the firefighter member takes Board-initiated early retirement or member initiated early retirement, his additional pension benefit is payable at the same time as his pension under article 15 (pension on member-initiated early retirement), or, as the case may be, article 16 (pension on Board-initiated early retirement).

(5) Where paragraph (4) applies, the firefighter member’s additional pension benefit shall be actuarially reduced by applying to the amount ascertained in accordance with article 17A or 17B (as the case may be) the appropriate actuarial reduction factor notified by the Scheme Actuary.

(6) For the purposes of articles 19 and 20 (commutation), additional pension benefit shall be treated as if it were a pension payable under this Part.

(7) For the purposes of determining the amount of any survivor’s pension under Part 4 or pension credit under Part 6, additional pension benefit shall be treated as if it were a pension payable under this Part.

Refund of aggregate pension contributions

Commutation: general

Commutation: small pensions

Allocation of pension

Pension debit members

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

41A

(1) If a pension credit member dies before any benefit deriving from the member’s pension have become payable to him under this Scheme, a lump sum death grant is to be paid to his personal representatives.

(2) The amount of the grant shall be equal to the product of 2.25 and the annual rate of the pension to which the member would have been entitled under article 37(2).

New pension scheme for firefighters in Northern Ireland

2007 scheme ceasing to have effect, with savings

Continuation of schemes for retained firefighters

Additional pension benefit

Schedule A1

Pension Contributions

1

The rate of the pension contribution mentioned in article 63(1) of Part 11 is that specified in the Table below by reference to the amount of the pensionable pay of the firefighter member in the first column of the Table.

2

The amount of pensionable pay of a retained or volunteer firefighter for the purpose of the first column of the Table shall be that firefighter’s reference pay.

3

The amount of pensionable pay of a part-time regular firefighter for the purpose of the first column of the Table shall be the amount of pensionable pay of a whole-time regular firefighter of equivalent role and length of service.

4

Where there has been a permanent material change to the terms and conditions of a firefighter member’s employment which affects his pensionable pay, from the date of that change pensionable pay shall be calculated by reference to the revised amount.

5

Pensionable pay in the first column of the Table below does not include payments made to a firefighter member by the Board in respect of any benefits which are pensionable under article 17B(1) of Part 3, but those payments shall be included in his pensionable pay for the purposes of the application of the rate specified in the second column.

Pensionable Pay	Contribution rate from 1st April 2015 to 31st March 2016 (percentage of pensionable pay)
Up to and including £15,150	8.5%
More than £15,150 and up to and including £21,210	9.4%
More than £21,210 and up to and including £30,300	10.4%
More than £30,300 and up to and including £40,400	10.9%
More than £40,400 and up to and including £50,500	11.2%
More than £50,500 and up to and including £60,600	11.3%
More than £60,600 and up to and including £101,000	11.7%
More than £101,000 and up to and including £121,200	12.1%
More than £121,200	12.5%
Pensionable Pay	Contribution rate from 1st April 2016 to 31st March 2017 (percentage of pensionable pay)
---	---
Up to and including £15,301	8.5%
More than £15,301 and up to and including £21,422	9.4%
More than £21,422 and up to and including £30,603	10.4%
More than £30,603 and up to and including £40,804	10.9%
More than £40,804 and up to and including £51,005	11.2%
More than £51,005 and up to and including £61,206	11.3%
More than £61,206 and up to and including £102,010	11.7%
More than £102,010 and up to and including £122,412	12.1%
More than £122,412	12.5%
Pensionable Pay	Contribution rate from 1st April 2017 to 31st March 2018 (percentage of pensionable pay)
---	---
Up to and including £15,454	8.5%
More than £15,454 and up to and including £21,636	9.4%
More than £21,636 and up to and including £30,909	10.4%
More than £30,909 and up to and including £41,212	10.9%
More than £41,212 and up to and including £51,515	11.2%
More than £51,515 and up to and including £61,818	11.3%
More than £61,818 and up to and including £103,030	11.7%
More than £103,030 and up to and including £123,636	12.1%
More than £123,636	12.5%
Pensionable Pay	Contribution rate from 1st April 2018 (percentage of pensionable pay)
---	---
Up to and including £15,609	8.5%
More than £15,609 and up to and including £21,852	9.4%
More than £21,852 and up to and including £31,218	10.4%
More than £31,218 and up to and including £41,624	10.9%
More than £41,624 and up to and including £52,030	11.2%
More than £52,030 and up to and including £62,436	11.3%
More than £62,436 and up to and including £104,060	11.7%
More than £104,060 and up to and including £124,872	12.1%
More than £124,872	12.5%

Retrospective award on ill-health retirement

12A

(1) This article applies to a person who elects to join this Scheme as a special deferred member or a special pensioner member and who had been dismissed on the grounds of ill-health or had retired from employment as a retained firefighter before 6th April 2006.

(2) A person to whom this article applies may apply to the Board to be assessed by a qualified medical practitioner selected by it to determine whether he was permanently incapable of performing the duties of a firefighter on the date on which he was dismissed on the grounds of ill-health or retired and whether he has become capable of performing those duties since that date.

(3) An application under paragraph (2) must be made—

(a) where the person is purchasing service following an application under article 65A (purchase of service during the limited period) of Part 11, during the period of three months beginning with the day on which the notice was served by the Board under article 65A(13) of that Part;

(b) where the person is purchasing service following an application made under article 65B (purchase of service during the extended limited period) of Part 11, during the period of three months beginning with the day on which the notice was served by the Board under article 65B(13) of that Part.

(4) The Board shall obtain a written opinion from a qualified medical practitioner on whether the person was at the date of his dismissal or retirement permanently incapable of performing the duties of a firefighter and if so, whether he has become capable of performing those duties since that date.

(5) The Board shall determine whether the person is entitled to a retrospective award for ill-health retirement on the basis of the written opinion of the qualified medical practitioner and may only determine that a person is entitled to an award where the qualified medical practitioner gives an opinion that the person was permanently incapable of performing the duties of a firefighter on the date of his dismissal or retirement and has not become capable of performing those duties since that date.

(6) A qualified medical practitioner’s opinion under paragraph (4) shall be binding on the Board unless it is superseded by his response under article 46 (determinations and decisions of the Board) of Part 8 (determination of questions and appeals) or the outcome of an appeal under article 47 (appeal against opinion on a medical issue) of Part 8.

(7) If—

(a) the person concerned wilfully or negligently fails to submit himself to medical examination by the qualified medical practitioner selected by the Board, and

(b) the qualified medical practitioner is unable to give an opinion on the basis of the medical evidence available to him,

the Board may make a decision on the issue on such other medical evidence as it thinks fit, or without medical evidence.

(8) If the Board determines that the person is entitled to a retrospective award following ill-health retirement, it shall give written notice to him within 14 days beginning with the date of its determination together with a copy of the qualified medical practitioner’s opinion.

(9) Where the Board does not determine that the person is entitled as mentioned in paragraph (8) to a retrospective award following ill-health retirement, it shall—

(a) give written notice to him within 14 days beginning with the date of its determination;

(b) provide him with a copy of the qualified medical practitioner’s opinion; and inform him that he can apply for a review of that opinion under article 46 (determinations and decisions of the Board) or appeal against that decision under article 47 (appeals against opinion on a medical issue) of part 8 (determination of questions and appeals).

(10) Where a person has satisfied one of the special eligibility conditions and the Board has determined that he is entitled to a retrospective award following ill-health retirement, the Board shall pay to him a lump sum equal to the value, together with interest, of the payments of higher tier ill-health pension (“past pension payments”) he would have received up to the date of payment of the lump sum if at the date of his dismissal or retirement he had been a member of this Scheme who had made contributions equivalent to his contributions under article 66A Part 11 and shall thereafter pay him a higher tier ill-health pension.

(11) The interest payable in accordance with paragraph (10) is payable as follows—

(a) for the purposes of calculating interest under this paragraph it shall be assumed that the past pension payments were payable from the date that the member would have first received payment of higher tier ill-health pension if, at the date of his dismissal or retirement, he had been a member of this Scheme;

(b) interest starts to accrue from the date that the first past pension payment would have been made in accordance with sub-paragraph (a) and ceases to accrue on the date of payment of the lump sum in accordance with paragraph (10);

(c) interest shall be calculated by applying the past interest rate to the past pension payment compounded monthly between the month each past pension payment would have been made in accordance with sub-paragraph (a) until the date of payment of the lump sum,

and for the purposes of this article “past interest rate” is a rate equivalent to the interest available on the most recent issue of five-year fixed interest savings certificates from National Savings and Investments available on the 15th day of each month which would have been applicable to the period when the past pension payment in question would have been made in accordance with sub-paragraph (a).

(12) A member of this Scheme entitled to a retrospective award under this article is not entitled to an ordinary pension or a special member’s ordinary pension in respect of the same special pensionable service.

(13) A member who was, on or before the second initial date, in receipt of a retrospective award under this article may apply for a recalculated retrospective award, where the member has purchased additional service following an application made under article 65B (purchase of service during the extended limited period) of Part 11 (“the additional service”).

(14) An application under paragraph (13) must be made during the period of three months beginning with the day on which the notice was served by the Board under article 65B(13) of Part 11.

(15) Following an application under paragraph (13), the Board must pay a lump sum equal to the difference between—

(a) the amount of the lump sum and pension paid under paragraph (10) before the date of the application under paragraph (13); and

(b) the lump sum and pension amount that would have been paid under paragraph (10) before the date of the application, had those payments taken into account the additional service.

(16) From the date of the application under paragraph (13), the Board must pay an ill-health pension calculated in accordance with paragraph (10), which takes into account the additional service.

(17) An application under paragraph (13) must be referred to the Scheme Actuary, who must calculate the amounts payable under paragraphs (15) and (16).

Deferred pension

Cancellation of deferred pension

Pension on member-initiated early retirement

Pension on Board-initiated early retirement

Entitlement to two pensions

Additional pension benefit: long service

Additional pension benefit

Additional pension benefit: supplementary provisions

Refund of aggregate pension contributions

Commutation: general

Commutation: small pensions

Allocation of pension

Pension debit members

Death grant for limited period

35A

(1) This article applies where a person—

(a) was employed as a retained firefighter on or after 1st July 2000; and

(b) continued in such employment until he died before 6th April 2006.

(2) Where the deceased was married, or a member of a civil partnership, at the time of his death, his spouse or civil partner may apply in writing to the Board for a death grant and any such application shall be made during the period ending on 31st March 2015.

(3) Subject to paragraph (4), where the deceased was not married, or a member of a civil partnership, at the time of his death or where his spouse or civil partner has died since his death, a child of the deceased may apply in writing to the Board for a death grant and any such application shall be made during the period ending on 31st March 2015.

(4) A person shall not be eligible for a child’s death grant under this article if he would not have been eligible for a child’s pension by virtue of anything in article 29 of Part 4 at the time of the death of the deceased.

(5) The Board shall request from the person making the application under paragraph (2) or (3) such information required to enable the Board to determine the deceased’s pensionable pay, or, where no information is provided, the Board shall determine the amount of pensionable pay from its records.

(6) The amount of the death grant shall be equal to the product of 2.5 and the amount of pensionable pay which the Board determine the deceased received in his last year of service.

(7) Where the Board determines that a death grant is payable, the Board shall pay the death grant during the period of three months beginning with the date on which the application for a death grant was received.

(8) Subject to paragraph (9) the Board may pay the death grant, in whole or in part, to such person, or persons as it thinks fit.

(9) The Board must not pay any part of the death grant to a person who is convicted of the murder or manslaughter of the deceased, but this is subject to paragraph (10).

(10) Where a conviction of the description mentioned in paragraph (9) is quashed on appeal, the Board may, if it has not then paid the death grant in full, pay all or part of it to the person whose conviction is quashed.

(11) Where this article applies, there is no entitlement to a death grant under article 35 (death grant) or a post-retirement death grant under article 36 or to a survivor’s pension or a bereavement pension or a child’s pension under Part 4 (survivors’ pensions).

Post-retirement death grant

Purchase of service during the limited period

65A

(1) A person ... who satisfies the conditions specified in paragraph (2) may, in accordance with the following provisions of this Chapter, elect to pay pension contributions in respect of his service during the limited period.

(2) The conditions are that—

(a) the person is entitled to join this Scheme as a special member;

(b) the service is—

(i) as a retained firefighter; or

(ii) as a regular firefighter where he took up employment after 5th April 2006 as a regular firefighter immediately after the termination of his employment as a retained firefighter; or

(iii) with the agreement of the Board, as a regular firefighter, but not as a retained firefighter, where he had been employed by the Board as a retained firefighter and then required by the Board after 5th April 2006 to remain in employment as a retained firefighter whilst taking up employment as a regular firefighter.

(3) Where paragraph (1) applies—

(a) subject to article 66A(11) of this Part, mandatory special period pension contributions shall be paid in respect of the person’s service during the mandatory special period; and

(b) mandatory special period pension contributions shall be paid for the period required by article 66A(12) of this Part, where a person has elected to transfer his accrued rights in the Firefighters’ Pension Scheme to his special membership,

but the period of service referred to in sub-paragraph (a) or (b) does not, subject to articles 81A or 84C of Part 12, include any period of service in respect of which he paid pension contributions under the Firefighters’ Pension Scheme or under this Scheme as a standard member.

(4) Within two months of 20 June 2014, the Board shall use reasonable endeavours to notify all those existing employees and former employees who may be entitled to join this Scheme as a special member that they may be so entitled.

(5) Within two months of receiving the notification in paragraph (4), or if no notification has been received, within three months of 20 June 2014, a person may apply to the Board falling within paragraph (2) for a statement of the service in respect of which he may become entitled to pay contributions under this article and the mandatory special period pension contributions which he would be required to pay in respect of it.

(6) An application under paragraph (5) shall be in writing and shall state—

(a) the date on which the applicant took up employment as a retained firefighter;

(b) where he has left that employment, the date on which he left;

(d) if he joined this Scheme as a standard member or joined the Firefighters’ Pension Scheme, the date on which he joined the Scheme and, if it was the case, the date on which he made an election not to pay pension contributions under article 8 of this Scheme or under article 59 of the Firefighters’ Pension Scheme (as the case may be).

(7) The Board shall determine the period of the person’s service during the limited period from their records.

(8) Where the Board is not able to determine the period of the person’s service during the limited period from its records, the person may provide the Board with documents to assist it to determine the person’s period of service during the limited period and the Board shall determine the period of the person’s service from those documents.

(9) Where the Board is not able to determine the period of the person’s service during the limited period and the Board does not hold records of that person’s pay for that period, and the person cannot provide the Board with the necessary documents, the Board may estimate the person’s pensionable pay for that period from the records which it holds and may in particular estimate this on the basis of the average of recent pay data for retained firefighters at the same station or stations as that at which the person was based for the relevant period.

(10) Where the Board has estimated the pay of a person in accordance with paragraph (9), the Board shall determine that person’s period of pensionable service during the limited period.

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