The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024

Type Ni-Statutory-Rule
Publication 2024-06-12
Last updated 2024-07-05
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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Made: 12th June 2024

Coming into operation: 5th July 2024

In accordance with section 3(5) of that Act, the Department of Finance[^f00003] has consented to the making of these Regulations.

Citation, commencement and effect

1

Amendment to the Firefighters’ Pension Scheme

2

(b) paragraph (1) applies as if the age ascertained under sub-paragraph (a) were substituted for “normal pension age.

(3A) The amount of the first pension determined under paragraph (3) or (4B)(a), is increased for each year before the firefighter’s last day of service by an amount equivalent to that which would apply if the first pension were a pension in payment commencing from the day after the date of the firefighter’s last day of service at the higher rate of pay, to which the Pensions (Increase ) Act (Northern Ireland) 1971[^f00007] applied.

(4) The requisite benefit pension shall be calculated in accordance with Part IV of Schedule 3.

(3) Paragraphs (1) and (2) do not apply if the person (“P”), entitled to a pension or gratuity under this Part— (a) marries, remarries, forms a civil partnership or a subsequent civil partnership on or after 1st April 2015; and (b) immediately before the beginning of that marriage, remarriage or formation of a civil partnership or subsequent civil partnership the condition set out in paragraph (4) is satisfied. (4) The condition in this paragraph is that— (a) P is either— (i) entitled to a pension under article 25 (spouse’s or civil partner’s ordinary pension), article 26 (spouse’s or civil partner’s accrued pension), article 27 (limitation on award to surviving spouse or civil partner with reference to date of marriage or civil partnership), article 28 (surviving spouse’s or civil partner’s requisite benefit and temporary pension) or article 30 (limitation where spouses or civil partners living apart); or (ii) receiving a gratuity under article 30(7); and (b) the deceased spouse or civil partner of P (“D”) died as a result of an injury— (i) received in the exercise of D’s duties as a firefighter; or (ii) sustained while on a journey necessary to enable D to report for duty or return home after duty. (5) If on or after 1st April 2015 P is the subject of a decision by the Board to pay any sums in exercise of its discretion under paragraph (1) or (2), the payment of those sums is not affected by any future marriage, remarriage or formation of a civil partnership.

(b) in the case of a member who dies at any time and leaves a widow, widower, a surviving same-sex spouse or surviving civil partner, that person is entitled to a pension of a weekly rate equal to half the deceased member’s guaranteed minimum.

(1) The application of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019[^f00009] in relation to these Regulations is modified so that regulations 6(1) and (2) and 7(1) to (3) have effect.

Amendment to the New Firefighters Pension Scheme

3

  • cohabiting partner” has the meaning given by article 4(11) of Part 2;

(2A) The application of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019[^f00014] in relation to these Regulations is modified so that regulations 6(1) and (2) and 7(1) to (3) have effect.

(11) For the purposes of the article— - a “cohabiting partner” in relation to the scheme member is a person— who has been living with the scheme member, otherwise than as the scheme member’s spouse or civil partner, at the date on which the question of the cohabiting partner’s status in relation to the scheme member falls to be considered, is not the spouse or civil partner of any other person, is financially dependent on the scheme member, or is, with the scheme member, in a state of mutual financial dependency, and is in a long-term relationship with the scheme member and could enter into a marriage or civil partnership with the scheme member; - “long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for a period of at least two years ending with the date on which the question of the person’s status in relation to the scheme member falls to be considered, or such shorter period as the Board may in any particular case think fit; and - “scheme member” means a firefighter member, a deferred member or a pensioner member.

(3A) The amount of the first pension determined under paragraph (3), is increased for each year before the firefighter’s last day of service by an amount equivalent to that which would apply if the first pension were a pension in payment commencing from the date that paragraph (1) first applied to the member, to which the Pensions (Increase) Act (Northern Ireland) 1971 applied.

Amendment of the Firefighters’ Compensation Scheme

4

(2) Except where paragraph (3) applies, a surviving spouse or surviving civil partner who, but for paragraph (1), would be entitled to an award under rule 1 or 2, is entitled instead to a pension calculated in accordance with Part IV of Schedule 3 to the Firefighters’ Pension Scheme.

(4) Paragraphs (1) and (2) do not apply if the person (“P”), entitled to a pension or gratuity under this Part— (a) marries, remarries, forms a civil partnership or a subsequent civil partnership on or after 1st April 2015; and (b) immediately before the beginning of that marriage, remarriage, or formation of a civil partnership or subsequent civil partnership is entitled to a pension or gratuity under this Part. (5) If on or after 1st April 2015 P is the subject of a decision by the Board to pay any sums in exercise of its discretion under paragraph (1) or (2), the payment of those sums is not affected by any future marriage, remarriage or formation of a civil partnership.

Amendment to the Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015

5

  • index supplement” means an amount of earned pension equal to the value of the index adjustment where the change in earnings is increased— for 2021, by 0.2% above the amount specified in the Public Service Pensions Revaluation Order (Northern Ireland) 2021[^f00025]; for 2022, by 0.4% above the amount specified in the Public Service Pensions Revaluation Order (Northern Ireland) 2022[^f00026];

(3A) The application of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019[^f00027] in relation to these Regulations is modified so that regulations 6(1) and (2) and 7(1) to (3) have effect.

(4) Where the person is entitled to the immediate payment of an equivalent amount to the FPS lower tier ill-health pension and exercises the option to commute under this regulation, the lump sum is calculated in accordance with article 18 (commutation-general provision) of the FPS.

Signed

Sealed with the Official Seal of the Department of Health on 12th June 2024.

Philip Rodgers — A senior officer of the — Department of Health

The Department of Finance consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance on 12th June 2024.

Patrick Neeson — A senior officer of the — Department of Finance

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations makes amendments to—

Some provisions in these Regulations have retrospective effect – these are set out in regulation 1. The power to give the Regulations retrospective effect is conferred by section 3(3)(b) of the Public Service Pensions Act (Northern Ireland) 2014.

Regulation 2 amends the Firefighters’ Pension Scheme. Regulation 2(4)(g) in particular, set out the circumstances in which a surviving spouse or civil partner’s entitlement to a pension or gratuity under Part C article 31 continues following marriage, remarriage, formation of a civil partnership or subsequent civil partnership on or after 1st April 2015.

Regulation 2(4)(a) to (f), (7) and (10) brings the benefits payable to survivors of civil partnerships and same sex marriages into line with the benefits payable to widows of different sex marriages.

Regulation 2(3) clarifies that where a firefighter has an entitlement to two pensions under the Firefighters’ Pension Scheme, the amount of the first pension is uprated annually from the date that the firefighter ceased to earn the higher rate of pay. It also ensures that a firefighter is not disadvantaged by the provision which allows for two pensions to be awarded, calculated separately, after a significant reduction of pay and makes other minor updates. Regulation 2(6) updates an out of date statutory reference.

Regulation 3 amends the New Firefighters’ Pension Scheme and corrects errors in cross references. Regulations 3(2)(a), 3(3), 3(4)(b), 3(5) and 3(7) removes the requirement for a deceased member to have completed a nomination form before a survivor’s pension can be paid. Regulation 3(4)(a) clarifies that where a firefighter has an entitlement to two pensions under the New Firefighters’ Pension Scheme, the amount of the first pension is uprated annually from the date that the firefighter ceased to earn the higher rate of pay. Regulation 3(6) updates an out of date statutory reference.

Regulation 4 amends the Firefighters’ Compensation Scheme. Regulation 4(2)(a) to (d) and (f) brings the benefits payable to survivors of civil partnerships and same sex marriages into line with the benefits payable to widows of different sex marriages. Regulation 4(2)(e) provides that the limitations on payments or survivors’ benefits on marriage, remarriage or formation of a civil partnership or subsequent civil partnership do not apply where that marriage or civil partnership is entered into on or after 1st April 2015.

Regulation 5 amends the Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015 (‘the 2015 Regulations’) and makes minor amendments to correct provisions. Regulation 5(2) remedies an error in the Public Service Pensions Revaluation Order (Northern Ireland) 2021 and the Public Service Pensions Revaluation Order (Northern Ireland) 2022 (S.R. 2021 No. 56 and S.R. 2022 No. 82). Accrued pensions for active members of the firefighters’ pension scheme provided for in the 2015 Regulations are revalued annually, in accordance with the rate set out in an annual order made by the Department of Finance under section 9(2) of the Public Service Pensions Act (Northern Ireland) 2014 (c. 2). HM Treasury, in a written statement dated 6 July 2023, announced that the orders for 2021 and 2022 contained errors, in that they had been based on provisional rather than final figures. This regulation makes amendments to the 2015 Regulations so that the correct revaluation figure can be taken into account in calculating accrued pension rights. A corresponding change is also made to the valuation of the accrued pension where a member transfers to certain other public sector pension schemes.

Regulation 5(3)(b)(ii) amends regulations 79A of the 2015 Regulations to clarify how the lump sum should be calculated where a member is entitled to the immediate payment of an equivalent amount to the Firefighters Pension Scheme lower tier ill-health pension and exercises the option to commute part of the pension for a lump sum.

An impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: Formerly the Department of Health, Social Services and Public Safety, see 2016 c.5 (N.I.).

[^f00002]: 2014 c.2. (NI). Section 3 was amended by section 94(11) to (14) of the Public Service Pensions and Judicial Offices Act 2022 (c. 7).

[^f00003]: Formerly the Department of Finance and Personnel, see 2016 c.5 (N.I.)

[^f00004]: S.R. 2007 No.144 amended by S.R. 2008 No. 382, S.R. 2012 No. 161, S.R. 2013 No. 85, S.R. 2014 No. 56 & 169 and S.R. 2015 No. 8, No. 11, No 420 and No. 421, S.R. 2019 No. 109, S.R. 2022 No. 155 and S.R. 2023 No. 178.

[^f00005]: Article 13A was inserted by S.R. 2015 No. 420.

[^f00006]: Article 16A was inserted by S.R. 2008 No. 382 and was amended by S.R. 2014 No. 169 and S.R. 2015 No. 420.

[^f00007]: 1971 c.35.

[^f00008]: Article 56(13), (14) and (16) were inserted by S.R. 2015 No. 420.

[^f00009]: S.R. 2019 No 1514.

[^f00010]: Part IIA was inserted by S.R. 2015 No. 420.

[^f00011]: S.R. 2007 No. 215, amended by S.R. 2008 No. 381, S.R. 2012 No. 162, S.R. 2013 No. 84 and No. 172, S.R. 2014 No. 57 and No. 168, S.R. 2015 No. 9, No. 10, No. 355, No. 420 and No 422, S.R. 2022 No. 155 and S.R. 2023 No. 178.

[^f00012]: The definition of “child” was amended by S.R. 2008 No. 381 and S.R. 2015 No. 9.

[^f00013]: The definition of “childs’s pension” was inserted by S.R. 2015 No. 9.

[^f00014]: S.R. 2019 No 1514.

[^f00015]: Paragraph (10) was inserted by S.R. 2015 No. 422.

[^f00016]: Article 17 was amended by S.R. 2008 No 381, S.R. 2015 No. 9 and S.R. 2015 No.420.

[^f00017]: 2004 c.12.

[^f00018]: Paragraphs (5B), (5C) and (5D) were inserted by S.R. 2015 No. 420.

[^f00019]: Paragraph (2A) was inserted by S.R. 2015 No 420.

[^f00020]: S.R. 2007 No. 143, amended by S.R. 2008 No. 238, S.R. 2015 No. 7, S.R. 2015 No. 422 and S.R. 2022 No. 155.

[^f00021]: Paragraph (3) of rule 1 was amended by S.R. 2008 No 238. S.R. 2015 No. 7 and S.R. 2015 No 422.

[^f00022]: Paragraph (2) of rule 4 was amended by S.R. 2008 No. 238.

[^f00023]: Rule 5 was amended by S.R. 2008 No. 238 and S.R. 2015 No. 422.

[^f00024]: S.R. 2015 No. 78, amended by S.R. 2015 No. 420 and S.R. 2022 No. 155.

[^f00025]: S.R. 2021 No. 56.

[^f00026]: S.R. 2022 No. 82.

[^f00027]: S.R. 2019 No 1514.

[^f00028]: Regulation 79A was inserted by S.R. 2015 No. 420.

[^f00029]: Paragraph 3(2) was amended by S.R. 2015 No. 420.

Editorial notes

[^key-576e7ac28e9c0b2a48bb299061c85770]: Reg. 1 in operation at 5.7.2024, see reg. 1(1)

[^key-4faeb3d8cc4328be2d7aa3aa6dc3e464]: Reg. 2(1)(8) in operation at 5.7.2024 , see reg. 1(1)

[^key-7d1abd8c736a5f2f5b435645d42f5306]: Reg. 2(4)(a)-(f) (7) (10) in operation at 5.7.2024 with effect in accordance with reg. 1(2)

[^key-4cdd5828af3d4d99d423bfea5e673164]: Reg. 2(3)(a)(b) in operation at 5.7.2024 with effect in accordance with reg. 1(4)

[^key-907a590efda3a15a9f67083f8f8a617e]: Reg. 2(6) in operation at 5.7.2024 with effect in accordance with reg. 1(5)

[^key-60791334c73eb44ce77a3f93b0925235]: Reg. 2(2)(3)(c)(d)(4)(g)(5)(9) in operation at 5.7.2024 with effect in accordance with reg. 1(6)

[^key-189fe5756e9722bf04b4fd4e3e4686df]: Reg. 3(1) (2)(b) in operation at 5.7.2024 , see reg. 1(1)

[^key-28fc66b3750936c4612393ce1c49255e]: Reg. 3(2)(a)(3)(4)(a)(b)(5)(7) in operation at 5.7.2024 with effect in accordance with reg. 1(3)

[^key-fcc380384f102bb0161dfc46fef466ac]: Reg. 3(8)(9) in operation at 5.7.2024 with effect in accordance with reg. 1(6)

[^key-e525040ef1843326285df35b7d66ca19]: Reg. 3(6) in operation at 5.7.2024 with effect in accordance with reg. 1(5)

[^key-fa2f0766369e3ca51a23a4aac5a92119]: Reg. 4(1) in operation at 5.7.2024 , see reg. 1(1)

[^key-d4c25247289a36cdf25f37061d4f100a]: Reg. 4(2)(a)-(d)(f) in operation at 5.7.2024 with effect in accordance with reg. 1(2)

[^key-84564001552715c380a529b7588aa7d3]: Reg. 4(2)(e) in operation at 5.7.2024 with effect in accordance with reg. 1(6)

[^key-2ea23249ce70cc804a5d0c0344e13c52]: Reg. 5(1)(2) in operation at 5.7.2024 , see reg. 1(1)

[^key-eaf5c04871a0928f50a0afecf9edfc64]: Reg. 5(3)-(6) in operation at 5.7.2024 with effect in accordance with reg. 1(6)

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