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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

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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 1947[^f00015];

(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 1986[^f00016] (actions for damages in respect of contraventions of rules etc. made under the Act), or section 150 of the Financial Services and Markets Act 2000[^f00017].

(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) 1971[^f00018] and the Pensions (Increase) (Northern Ireland) Order 1974[^f00019]; 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 65A[^f00020] 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 1990[^f00021] 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 1988[^f00022] (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)[^f00023],

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 1951[^f00024],

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) 2000[^f00025] (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

(b) the benefits payable to or in respect of pension credit members are not aggregated for any purpose with benefits payable to or in respect of those persons in any other capacity or as pension credit members deriving their pension credit benefits from any other pension debit member.

(2) Those provisions are-

article 65 (determination by the Board);article 67 (appeal against decision of the Board);article 84 (withdrawal of pension on conviction of certain offences);article 85 (payment of awards);article 87(1) to (5) and (10) (payments of awards-supplementary); andarticle 90 (establishment, maintenance and operation of Firefighters’ Pension Fund).

PART K — SPECIAL CASES

Guaranteed minimum pensions

78

(1) This article applies where a person who is or has been a regular firefighter has a guaranteed minimum in relation to a pension provided by this Scheme by reason of service before 6th April 1997 which is contracted-out employment by reference to the Scheme.

(2) Subject to paragraphs (3) to (7)—

(a) the person is entitled from the date on which he attains state pensionable age to a pension at a weekly rate equal to his guaranteed minimum;

(b) in the case of a man who dies at any time and leaves a widow or civil partner, that widow or civil partner is entitled to a pension at a weekly rate equal to half his guaranteed minimum; and

(c) in the case of a woman who dies at any time and leaves a widower or civil partner, that widower or civil partner is entitled to a pension at a weekly rate equal to half of that part of the deceased’s guaranteed minimum which is attributable to earnings factors for the tax year 1988-89 and subsequent tax years up to and including the tax year 1996-1997.

(3) A pension to which a person is entitled under paragraph (2)(a) is not payable for any period within 5 years after his attaining state pensionable age during which—

(a) he is continuing to serve as a regular firefighter; or

(b) a decision under article 83 (withdrawal of pension during employment as regular firefighter) taken by the Board before he attained state pensionable age has effect.

(4) An entitlement to a pension under paragraph (2)(b) or (c) ceases if the person entitled remarries or forms a civil partnership before attaining state pensionable age.

(5) Where a person is entitled to a pension under any other provision of this Scheme—

(a) a pension under paragraph (2) is payable only if it is greater than the other pension, disregarding any secured portion; and

(b) if a pension under paragraph (2) is paid, only the secured portion, if any, of the other pension is payable.

(6) For the purposes of paragraph (5), a pension includes any increase in it under the Pensions (Increase) Act (Northern Ireland) 1971[^f00026].

(7) In relation to a pension under paragraph (2)—

(a) article 19 (commutation of small pensions) applies as it applies in relation to a pension under Part B; and

(b) article 84 (withdrawal of pension on conviction of certain offences) applies as it applies in relation to a pension under Part B or C but as if article 84(2)(b) were omitted.

(8) A pension under paragraph (2) shall not be reduced or extinguished except as provided in this article.

Revaluation of guaranteed minimum

79

(1) This article applies where a person—

(a) has ceased to serve as a regular firefighter; or

(b) has elected under article 59 not to pay pension contributions,

and has taken a right to a cash equivalent by exercising the option conferred by section 91(1) of the Pension Schemes (Northern Ireland) Act 1993[^f00027] (“the 1993 Act”) wholly or partly in the way specified in section 91(2)(c) of that Act (purchase of annuity).

(2) Where this article applies, to the extent that the person’s guaranteed minimum is otherwise appropriately secured within the meaning of section 15(3) of the 1993 Act—

(a) for the purposes of section 10(2) of that Act (amount of guaranteed minimum) his earnings factors shall be determined by reference to the last order under section 130 of the Social Security Administration (Northern Ireland) Act 1992[^f00028] to come into force before the end of the tax year in which he ceased to serve as a regular firefighter or, as the case may be, in which his election under article 59 took effect and without reference to any subsequent order; and

(b) the weekly equivalent mentioned in section 10(2) of the 1993 Act shall be increased—

(i) by at least the prescribed percentage for each relevant year after the end of the tax year in which he ceased to serve as a regular firefighter or, as the case may be, in which his election under article 59 took effect, and

(ii) in accordance with such additional requirements as may be prescribed for the purposes of section 12(3) of the 1993 Act[^f00029].

(3) In this article—

“relevant year” has the meaning given in section 10(8) of the 1993 Act[^f00030];

“prescribed percentage” has the meaning given in regulation 62 of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996[^f00031].

PART L — REVISION AND WITHDRAWAL OF AWARDS

Review of ill-health and certain deferred pensions

80

(1) So long as a person—

(a) has been in receipt of an ill-health pension for less than 10 years; and

(b) is under the age of 60,

the Board shall consider, at such intervals as it thinks proper, whether he has become capable of carrying out any duty appropriate to the role from which he retired on grounds of ill-health.

(2) So long as a person—

(a) has been in receipt of a higher tier ill-health pension for less than 10 years; and

(b) is under the age of 60,

the Board shall also consider, at such intervals as it thinks proper, whether he has become capable of undertaking regular employment.

(3) So long as a person—

(a) is in receipt of payments in respect of a deferred pension under article 16; and

(b) is under the age of 60,

the Board shall also consider, at such intervals as it thinks proper, whether he has become capable—

(i) of carrying out any duty appropriate to the role from which he retired on grounds of ill-health; or

(ii) of undertaking regular employment.

(c) In this Part, “regular employment” means employment for at least 30 hours a week on average over a period of 12 consecutive months beginning with the date on which the issue of his capacity for undertaking employment arises.

Consequences of review

81

(1) If, on such consideration as is mentioned in article 80(2), it is found that a person has become capable of undertaking regular employment, the Board shall immediately terminate his higher tier ill-health pension.

(2) A lower tier ill-health pension shall continue to be paid to a person whose higher tier ill-health pension is terminated as mentioned in paragraph (1) unless—

(a) on such consideration as is mentioned in article 80, it is found that he has become capable of performing the duties appropriate to the role from which he retired on the grounds of ill-health; and

(b) the Board make him an offer of employment in that role (“a paragraph (2)(b) offer”).

(3) Entitlement to a lower tier ill-health pension shall cease, with immediate effect, where a person accepts or declines a paragraph (2)(b) offer.

(4) A person who declines a paragraph (2)(b) offer shall then become entitled to a deferred pension under article 16.

Reduction of award in case of default

82

(1) Subject to paragraph (2), where a person—

(a) is permanently disabled; and

(b) has brought about or contributed to his infirmity by his own serious and culpable negligence or misconduct,

the Board may reduce any ill-health award payable to him by it to not less than half its full amount.

(2) Where—

(a) a pension has been reduced under paragraph (1); and

(b) then the person attains the age of 60 the amount of the reduced pension is less than that of the notional deferred pension,

the amount of the reduced pension shall be increased to that of the notional deferred pension.

(3) The notional deferred pension is the deferred pension that would have been payable if the person had become entitled to one on the date of his ceasing to serve.

Withdrawal of pension during service as regular firefighter

83

The Board may withdraw the whole or any part of the pension, except a pension under Part C (Awards on death – spouses and civil partners), for any period during which the person entitled to it is serving as a regular firefighter in a fire and rescue service maintained under the Fire and Rescue Services Act 2004.

Withdrawal of pension on conviction of certain offences

84

(1) Subject to paragraph (4), in the circumstances specified in paragraph (2), the Board may withdraw a pension in whole or in part, and permanently or temporarily as it may specify.

(2) The circumstances are—

(a) that the person entitled to the pension (“the pensioner”) has been convicted of an offence falling within paragraph (3), and in the case of a pension under Part C that the offence was committed after the death on which the pensioner became entitled to it; or

(b) that the pensioner has been convicted of an offence committed in connection with his service as a member of the fire and rescue service which is certified by a Minister of the Crown either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(3) The offences mentioned in paragraph (2)(a) are—

(a) an offence of treason; and

(b) one or more offences under the Official Secrets Acts 1911 to 1989[^f00032] for which the pensioner has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

(4) In determining whether the withdrawal of a pension should—

(a) be permanent or temporary; and

(b) affect the pension in whole or in part,

the Board may make different determinations in respect of the secured and unsecured portions of the pension; but the secured portion may not be withdrawn permanently and may only be withdrawn temporarily for a period ending before the pensioner attains state pensionable age or one during which he is imprisoned or otherwise detained in legal custody.

(5) The Board may, to such extent as it thinks fit—

(a) apply for the benefit of any dependant of the pensioner’s; or

(b) restore to the pensioner,

so much of any pension as has been withdrawn under this article.

PART M — PAYMENT OF AWARDS AND FINANCIAL PROVISIONS

Payment of awards

85

(1) While a pension or allowance is payable—

(a) it is payable in respect of each week; and

(b) the Board shall discharge its liability in respect of it by making payments in advance at such reasonable intervals as it may determine,

but payment may be delayed to the extent necessary for determining any question as to the liability of the Board.

(2) Where a person dies after receiving a payment in advance in respect of a pension or allowance, no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after his death.

(3) Where, after receiving a payment in advance in respect of a pension under Part C, a surviving spouse or civil partner marries or forms a subsequent civil partnership, no claim for repayment shall be made on the ground that the payment of any part of it is referable to a period after the remarriage or, as the case may be, the formation of the new civil partnership.

(4) Subject to paragraphs (5) to (7), pensions under Part C and allowances under Part D (“survivors’ benefits”) are payable from the date of the death.

(5) Subject to paragraphs (6) and (7), in the case of a posthumous child any allowance under Part D is payable from the date of his birth.

(6) Where the deceased—

(a) was in receipt of a pension; and

(b) died during a period in respect of which he had already received it,

no survivors’ benefits are payable before the end of that period.

(7) Where the deceased received a gratuity survivors’ benefits are payable from the first anniversary of his death or such earlier date as the Board, in the circumstances of the case, thinks fit.

(8) A gratuity shall be paid in one sum as soon as the entitlement to it arises, except that—

(a) payment may be delayed to the extent necessary for determining any question as to the liability of the Board; and

(b) if the Board is satisfied that it would be to the advantage of the person entitled, it may pay a gratuity in instalments of such reasonable amounts and over such reasonable period as it thinks fit.

(9) Where a person is entitled under article 17 to the repayment of his aggregate pension contributions, the Board is not obliged to make payment—

(a) until the expiration of a year from the date of his retirement; or

(b) until he requests payment,

whichever is the earlier.

Prevention of duplication

86

(1) This article applies where a person is entitled in respect of any particular period to two or more pensions or allowances under this Scheme or the Compensation Scheme.

(2) A pension payable—

(a) under article 20 to the beneficiary of an allocation;

(b) under article 78 (guaranteed minimum pensions);

is not a pension for the purposes of this article.

(3) Subject to paragraph (4), where this article applies only one of the pensions or allowances shall be paid in respect of the period in question; if they are for the time being unequal in amount, the one to be paid is the largest of them.

(4) For the purposes of this article, where a person is entitled—

(a) under the Compensation Scheme to an injury pension and also under article 13, 14, 15 or 16 to an ordinary, short service, ill-health or deferred pension; or

(b) to a pension in respect of service as a member of the fire and rescue service and also to a pension as the surviving spouse or civil partner of such a member; or

those pensions shall be treated as one.

Payment of awards - supplementary

87

(1) Any sum payable to a minor in respect of an award may, if the Board thinks fit, be paid by it to such other person as it may determine, who shall, in accordance with any directions given by the Board, apply it for the minor’s benefit.

(2) If it appears to the Board that a person entitled to payment of an award is, by reason of mental disorder or otherwise, incapable of managing his affairs—

(a) it may pay the award or any part of it to a person having the care of the person entitled, or such other person as it may determine; and

(b) insofar as it does not pay the award in that manner, it may apply it in such manner as it thinks fit for the benefit of the person entitled or his dependants.

(3) On the death of a person to whom there was due in respect of an award a sum not exceeding the amount specified in any order for the time being in force under section 6 of the Administration of Estates (Small Payments) Act (Northern Ireland) 1967[^f00033] and applying in relation to the death, the Board may, as it thinks fit, without requiring the production of probate or any other proof of title—

(a) where only one person appears to be beneficially entitled to the personal estate of the deceased, pay the sum to that person; or

(b) in any other case, either pay the sum to one of the persons appearing to be so entitled or distribute it among all or any of them in such proportions as the Board may determine.

(4) An assignment of or charge on an award is void to the extent that—

(a) it is in favour of a person other than a dependent of the person entitled to the award; or

(b) it relates to a sum due in respect of the secured portion of an ordinary, short service, ill-health or deferred pension for a period beyond state pensionable age; or

(5) On the bankruptcy of a person entitled to an award the award does not pass to any trustee or other person acting on behalf of the creditors.

(6) Subject to paragraphs (7) to (9), where as a result of fraud, theft or negligence on the part of a regular firefighter in connection with his employment there has been a loss to the funds the Board, the Board may withhold all or part of any sums becoming due to him from the Board in respect of a pension.

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