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ANNEXN.I.THE NEW FIREFIGHTERS’ PENSION SCHEME (NORTHERN IRELAND)

PART 2N.I.SCHEME MEMBERSHIP, CESSATION AND RETIREMENT

Scheme membershipN.I.

4.—(1) Subject to paragraph (2), a person of any of the following descriptions is a firefighter member of this Scheme—

(a)a person who, on or after 6th April 2006, takes up employment with the Board as a firefighter, and whose role on taking up that employment includes—

(i)resolving operational incidents; or

(ii)leading and supporting others in the resolution of operational incidents; or

(b)a person who—

(i)having taken up employment as a firefighter before 6th April 2006 [F1and] ;

(ii)having continued in such employment until the date of his election; F2...

F3(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

elects to become a member of this Scheme; and

(c)a person to whom article 4(3) of the Firefighters’ Pension Scheme (Northern Ireland) Order 2007 refers (persons taking up employment on or after 6th April 2006 and before that Order comes into operation).

(2) A person may not be a firefighter member of this Scheme if he makes a contributions election (but he may again become a firefighter member by virtue of [F4article 9] .

[F5(2A) Where a person who—

(a)having taken up employment as a firefighter before 6th April 2006;

(b)having continued in such employment until his automatic enrolment date;

(c)having made an election not to pay pension contributions under the Firefighters’ Pension Scheme Order (Northern Ireland) 2007 or not being eligible to be a member of the Firefighters’s Pension Scheme Order (Northern Ireland) 2007; and

(d)having not otherwise elected to become a member of this Scheme,

is automatically enrolled in this Scheme, that enrolment shall constitute an election to become a firefighter member of this Scheme.]

(3) A person is a deferred member of this Scheme if he is entitled to a deferred pension under article 13.

(4) A person is a pensioner member of the Scheme if he is in receipt of a pension or any other benefits under the Scheme in respect of his pensionable service or by any reason of service credited to the Scheme under Part 12.

(5) A person is a dependant member of this Scheme if he is—

(a)the spouse or civil partner of a deceased firefighter member [F6, deferred member or pensioner member] ;

(b)the nominated partner of a deceased firefighter member[F6, deferred member or pensioner member];

(c)a pension credit member in relation to a firefighter member[F6, deferred member or pensioner member];

(d)the child of a person who is a member of the Scheme by virtue of sub-paragraph (a) or (b), whose dependency on that person satisfies the conditions specified in paragraph 15(2) and (3) of Schedule 28 to the Finance Act 2004; or

(e)is in receipt of a portion of the firefighter’s pension allocated under article 21.

[F7(6) For the purposes of paragraph (5), a firefighter member, deferred member or pensioner member (referred to in this paragraph as “the scheme member”) may nominate a person (a “nominated partner”) who—

(a)has been living with the scheme member, otherwise than as his spouse or civil partner; and

(b)at the date on which the question of the nominated partner’s status in relation to the scheme member falls to be considered—

(i)is not the spouse or civil partner of any other person,

(ii)is registered with the scheme administrator as the scheme member’s nominated partner,

(iii)is financially dependent on the scheme member, or is, with the scheme member, in a state of mutual financial dependency, and

(iv)is in a long-term relationship with the scheme member,

but this is subject to paragraph (8).]

(7) In paragraph (6)—

(a)“long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for [F8a period of at least two years] ending with the date on which the question of the person’s status in relation to the firefighter member [F9, deferred member or pensioner members] falls to be considered, or such shorter period as the Board may in any particular case think fit; and

(b)“scheme administrator” has the meaning given by section 270 of the Finance Act 2004(1).

(8) A firefighter member [F10, deferred member or pensioner member] may not make a nomination for the purposes of this Scheme if he is prohibited by law from marrying or, as the case may be, becoming the civil partner of the person he wishes to nominate.

(9) A nomination ceases to have effect if the firefighter member or the person nominated marries or enters into a civil partnership (whether with each other or with another person).

Textual Amendments

Commencement Information

I1 ANNEX Scheme art. 4 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Eligibility conditionsN.I.

5.—(1) A firefighter member is eligible for a pension under this Scheme if—

(a)he has at least three months’ qualifying service; or

[F11(b)such transfer payment has been made to the Scheme in respect of his personal pension rights under a personal pension scheme as qualifies him for benefits under the Scheme; or]

(c)he reaches normal retirement age.

Textual Amendments

Commencement Information

I2 ANNEX Scheme art. 5 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Normal retirement age and normal benefit ageN.I.

6.—(1) The normal retirement age of firefighter members is 60.

(2) The normal benefit age of firefighter members is 65.

Commencement Information

I3 ANNEX Scheme art. 6 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Last day of membershipN.I.

7.—(1) Subject to paragraph (2), where a firefighter member leaves the Scheme his last day of membership shall be taken to be—

(a)where he leaves on retirement at normal retirement age, his last day of service; and

(b)in any other case, the last day on which he pays contributions.

(2) Where a firefighter member is on unpaid absence or absent without permission on the day on which he leaves the Scheme, his last day of membership shall be taken to be such date as may be agreed with the Board.

Commencement Information

I4 ANNEX Scheme art. 7 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Election not to make pension contributionsN.I.

8.—(1) A firefighter member may at any time, by giving notice in writing to the Board, elect to make no further pension contributions (referred to in this Scheme as a “contributions election”).

[F12(1A) A written notice given under paragraph (1) should be signed by the firefighter member or, where the notice is in electronic format, it must include a statement confirming that that person personally submitted the notice.]

[F13[F14(1B)]  A contributions election may not be made solely in respect of contributions relevant to additional pension benefit under article 17B of Part 3 (additional pension benefit: continual professional development).]

(2) Subject to paragraph (3)—

(a)a contributions election takes effect on the day on which begins the first pay period falling after the date on which the notice is received; and

(b)the membership of the Scheme of a firefighter member making a contributions election ceases on the day on which the election takes effect.

(3) A person who makes a contributions election within three months of joining the Scheme shall be treated as if he had never been a member of it.

(4) A person whose membership of the Scheme ceases as mentioned in paragraph (2)(b) remains entitled to any deferred benefits accrued while he was a member.

Textual Amendments

F14Annex Scheme Pt. 2 art. 8(1A) renumbered as art. 8(1B) (retrospective to 1.10.2013) by The New Firefighters’ Pension Scheme (Amendment) (No. 2) Order (Northern Ireland) 2014 (S.R. 2014/168), art. 1(3), Sch. para. 1(b)

Commencement Information

I5 ANNEX Scheme art. 8 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Rejoining the SchemeN.I.

9.—[F15(1) A person who has made a contributions election may cancel it by giving a signed written notice to the Board or, where the notice is in electronic format, it must include a statement confirming that that person personally submitted the notice.]

[F16(1A) Where a person who has made a contributions election is subsequently automatically enrolled or re-enrolled in the Scheme, that enrolment or re-enrolment shall constitute a cancellation of their contributions election.]

F17(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a contributions election is cancelled—

(a)the person shall resume the making of pension contributions; and

(b)shall again be a firefighter member of the Scheme,

with effect from the first day on which begins the pay period falling after the date on which the notice under paragraph (1) is received [F18or in the case of a firefighter member who has been automatically enrolled or re-enrolled, with effect from the automatic enrolment or re-enrolment date (as the case may be)] .

Textual Amendments

Commencement Information

I6 ANNEX Scheme art. 9 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Scheme CessationN.I.

10.  This Scheme ceases to apply on the day on which a Scheme is brought into operation under paragraph 6(2)(b) of Schedule 1 to the Fire and Rescue Services (Northern Ireland) Order 2006.

Commencement Information

I7 ANNEX Scheme art. 10 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

(1)

2004 c.12. See also Schedule 36 to the Finance Act 2004, amended by the Finance Act 2005 (c.7). Schedule 10, paragraph 1.