LegalizeThe New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2015
(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.
- (3) For the Table in paragraph 5 substitute the following Table—
| Pensionable pay | Contribution rate from 1st April 2014 (percentage of pensionable pay) |
|---|---|
| Up to and including £15,000 | 8.5% |
| More than £15,000 and up to and including £21,000 | 9.4% |
| More than £21,000 and up to and including £30,000 | 10.4% |
| More than £30,000 and up to and including £40,000 | 10.9% |
| More than £40,000 and up to and including £50,000 | 11.2% |
| More than £50,000 and up to and including £60,000 | 11.3% |
| More than £60,000 and up to and including £100,000 | 11.7% |
| More than £100,000 and up to and including £120,000 | 12.1% |
| More than £120,000 | 12.5% |
Schedule AB1 – pension contributions for special members
14
After Schedule A1, insert—
Schedule AB1 (1) The rate of the pension contribution mentioned in article 63(1A) of Part 11 is that specified in the Table below by reference to the amount of the pensionable pay of the special firefighter member in the first column of the Table and by reference to the appropriate period. (2) The amount of pensionable pay of a retained 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) In relation to any period before 1st July 2014, pensionable pay in the first column of the Table below does not include any payments made to a special firefighter member by the Board in respect of his continual professional development, but those payments shall be included in his pensionable pay for the purposes of the application of the rate specified in the second or third column, as the case may be. (6) In relation to any period which commences on or after 1st July 2014, pensionable pay in the first column of the Table below does not include any payments made to a special 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 or third column, as the case may be.
| Pensionable pay | Contribution rate from 1st April 2012 to 31st March 2013 (percentage of pensionable pay) | Contribution rate from 1st April 2013 to 31st March 2014 (percentage of pensionable pay) | Contribution rate from 1st April 2014 (percentage of pensionable pay) |
|---|---|---|---|
| Up to and including £15,000 | 11.0% | 11.0% | 11.0% |
| More than £15,000 and up to and including £21,000 | 11.6% | 11.9% | 12.2% |
| More than £21,000 and up to and including £30,000 | 11.6% | 12.9% | 14.2% |
| More than £30,000 and up to and including £40,000 | 11.7% | 13.2% | 14.7% |
| More than £40,000 and up to and including £50,000 | 11.8% | 13.5% | 15.2% |
| More than £50,000 and up to and including £60,000 | 11.9% | 13.7% | 15.5% |
| More than £60,000 and up to and including £100,000 | 12.2% | 14.1% | 16.0% |
| More than £100,000 and up to and including £120,000 | 12.5% | 14.5% | 16.5% |
| More than £120,000 | 13.0% | 15.0% | 17.0% |
Amendment of Schedule 1 (ill health pensions)
15
In Schedule 1 after paragraph 3 add—
(4) Where a special deferred member or a special pensioner member is entitled to a retrospective award on ill-health retirement, paragraph 2 shall apply with the substitution of “45” for “60”, “30” for “40” and “special pensionable service” for “pensionable service”. (5) (1) Where the person entitled to a lower tier ill-health pension or a higher tier ill-health pension is a special member, who is not also a standard member, paragraphs 1 and 2 shall apply with the substitution of “45” for “60”, “30” for “40” and “special pensionable service” for “pensionable service”. (2) Where a person to whom sub-paragraph (1) of this paragraph applies is a retained firefighter, sub-paragraph (3) of paragraph 1 shall apply with the insertion after “actual annual pensionable pay” of “during his special pensionable service”. (6) In the case of a person who joined this Scheme as a special pensioner member or a special deferred member his final pensionable pay is the amount determined by the Board and set out in the notice given under article 65A(13) of Part 11.
Schedule 2A – converting membership from special membership to standard membership
16
After Schedule 2 insert the following—
Schedule 2A
| Age at entry | Age 55 or under | Age 56 | Age 57 | Age 58 | Age 59 | Age 60 |
|---|---|---|---|---|---|---|
| 25 and below | 140% | 139% | 138% | 136% | 135% | 133% |
| 26 | 138% | 139% | 138% | 136% | 135% | 133% |
| 27 | 136% | 137% | 138% | 136% | 135% | 133% |
| 28 | 133% | 135% | 136% | 136% | 135% | 133% |
| 29 | 130% | 132% | 133% | 134% | 135% | 133% |
| 30 | 127% | 129% | 130% | 132% | 133% | 133% |
| 31 | 124% | 126% | 128% | 129% | 130% | 131% |
| 32 | 120% | 123% | 125% | 126% | 127% | 129% |
| 33 | 116% | 119% | 121% | 123% | 125% | 126% |
| 34 | 112% | 115% | 118% | 120% | 122% | 123% |
| 35 | 107% | 111% | 114% | 116% | 118% | 120% |
| 36 | 107% | 106% | 109% | 112% | 115% | 117% |
| 37 | 107% | 106% | 105% | 108% | 111% | 113% |
| 38 | 107% | 106% | 105% | 103% | 106% | 109% |
| 39 | 107% | 106% | 105% | 103% | 102% | 105% |
| 40 and above | 107% | 106% | 105% | 103% | 102% | 100% |
| Age 55 or under | Age 56 | Age 57 | Age 58 | Age 59 | Age 60 | |
| --- | --- | --- | --- | --- | --- | --- |
| 107% | 106% | 105% | 103% | 102% | 100% |
Signed
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 19th January 2015
Linda Devlin — A senior officer of the — Department of Health, Social Services and Public Safety
The Department of Finance and Personnel approves this Order
Sealed with the Official Seal of the Department of Finance and Personnel on 19th January 2015
Anthony Simpson — A senior officer of the — Department of Finance and Personnel
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order amends the Annex to the New Firefighters’ Pension Scheme Order (Northern Ireland) 2007. Some of the amendments make minor corrections to the New Firefighters’ Pension Scheme set out in that Annex. Most of the provisions amend the Scheme to provide those persons who were employed in Northern Ireland as retained firefighters during the period from 1st July 2000 to 5th April 2006 inclusive with access to a pension scheme for that period.
The Order has retrospective effect by virtue of article 10(4) of the Fire Services (Northern Ireland) Order 1984 as continued by article 60 of the Fire and Rescue Service (Northern Ireland) Order 2006.
Part 2 of the Scheme (membership, cessation and retirement) is amended to enable eligible retained firefighters to join the Scheme from the date their service began or from 1st July 2000 if later. The normal retirement age and normal benefit age of special members differ from those for ordinary members (paragraph 2).
A new article 11A is inserted into Part 3 of the Scheme (personal awards) setting out the conditions for a special member to receive a special member’s ordinary pension; new article 12A sets out the conditions for receipt of a retrospective award on ill-health retirement. Other articles in Part 3 are amended so as to apply to special members (paragraph 3).
Part 4 of the Scheme (survivors’ pensions) is amended so as to apply to special members (paragraph 4).
Part 5 of the Scheme (awards on death) is adapted for special members and a new article 35A is inserted providing for death grant for the limited period (paragraph 5).
Parts 6 of the Scheme (pension sharing on divorce), 9 (review, withdrawal and forfeiture of awards) and 10 (qualifying service and pensionable service) are amended in respect of special members. A new article 56A is inserted into Part 10 which sets out the periods of service which may be accrued as special pensionable service by special members on payment of the mandatory special period pension contributions or the special pension contributions; (paragraphs 6, 7 and 8).
Part 11 of the Scheme (pensionable pay, pension contributions and purchase of additional service) is amended in respect of special members. A new article 65A is inserted which provides for the purchase of service during the limited period and a new article 66A and article 66B are inserted which set out the periods of payment for different types of special member (paragraph 9).
Part 12 of the Scheme (transfers into and out of the Scheme) is amended in respect of special members. In particular a new chapter 3A and article 81A are inserted which permit a deferred member of the Firefighters’ Pension Scheme who joins this Scheme as a special firefighter member to request a transfer value payment to be made in certain circumstances to his special membership of this Scheme. A new chapter 5 and article 84A are inserted allowing conversion of membership from special membership to standard membership and from standard membership to special membership. A new article 84B is inserted which enables a standard member of this Scheme in respect of service which he would otherwise be able to reckon as special pensionable service, who joins this Scheme as a special firefighter member, to convert his standard membership of this Scheme to his special membership on payment of the additional pension contribution (paragraph 10).
A new Schedule ZA is inserted which provides for the calculation of the commuted portion of pensions by special members. A new Schedule AB1 is inserted which provides for the calculation of pension contributions for special members. Schedule 1 is also amended in relation to special members.
The Order also amends Schedule A1 of the Scheme to change the contribution rates payable by ordinary members from 1st April 2014.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen and the impact on the public sector is minimal.
Footnotes
[^f00001]: S.I. 1984/1821 (N.I. 11) article 10(5) was amended by S.I. 1998/1549 (N.I.11) article 4. Article 10 was continued by S.I. 2006/1254 (N.I.9) article 60(1) and (2).
[^f00002]: See S.R. 1999 No. 481 article 6(c) and Schedule 4, Part III.
[^f00003]: SR 2007 No 215, amended by SR 2008 No 381, SR 2012 No 162, SR 2013 Nos 84 and 172 and SR 2014 No 57.
[^f00004]: 2004 c. 12.
[^f00005]: SR 2007 No144
[^f00006]: See article 66B(10) of Part 11 for date when an election takes effect.
[^f00007]: See Annex to SR 2007 No 144.
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