The Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015

PART 2 Governance

Scheme manager

4.—(1) The Northern Ireland Fire and Rescue Service Board is the scheme manager for this scheme and any statutory pension scheme that is connected with it(1).

(2) The scheme manager is responsible for managing and administering this scheme and any statutory pension scheme that is connected with it.

(3) A statutory pension scheme that is a defined contributions scheme(2) is not connected with this scheme.

Northern Ireland Fire and Rescue Service Pension Board: establishment

5.—(1) A pension board (“the Pension Board”) is established(3).

(2) The Pension board is responsible for assisting the scheme manager—

(a) to secure compliance with—

(i) these Regulations;

(ii) any other legislation relating to the governance and administration of this scheme and any statutory pension scheme that is connected with it; and

(iii) requirements imposed by the Pensions Regulator in relation to this scheme or any statutory pension scheme that is connected with it; and

(b) to ensure the effective and efficient governance and administration of this scheme and any connected scheme.

(3) The Pension Board may determine its own procedures, subject to the approval of the scheme manager.

(4) Subject to paragraph (3) the Pension Board shall have power to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of its functions.

The Pension Board: membership

6.—(1) The Pension Board is to consist of the following members who are to be entitled to vote in its proceedings—

(a) a chair appointed by the scheme manager;

(b) board members, to be appointed by the scheme manager;

(2) The total number of board members shall be determined by the scheme manager.

(3) The Pension Board shall comprise of an equal number of employer representatives and member representatives and for these purposes the scheme manager must be satisfied that—

(a) a person appointed as an employer representative has the capacity and understanding to represent it as employer;

(b) a person appointed as a member representative has the capacity and understanding to represent members.

(4) A member of the Pension Board is to hold and vacate office in accordance with the terms of that member’s appointment.

The Pension Board: conflict of interests

7.—(1) Before appointing any person under regulation 6, the scheme manager must be satisfied that that person does not have a conflict of interest(4).

(2) The scheme manager must be satisfied from time to time that none of the members of the Pension Board has a conflict of interest.

(3) If the scheme manager determines that a member of the Pension Board has a conflict of interest, the scheme manager must terminate the appointment of the member.

(4) A member of the Pension Board, or a person proposed to be appointed as such a member, must provide the scheme manager with any information the scheme manager may reasonably require for the purpose of paragraph (1) or (2).

The Pension Board: Guidance

8.  The scheme manager must have regard to guidance issued by the Department in relation to Pension Board.

Payment of fees and expenses

9.  The Board may—

(a) pay fees to or in respect of members of the Pension Board of such amounts as the Department may determine; and

(b) reimburse members of the Pension Board in respect of any reasonable expenses incurred by them in the performance of their duties in relation to this scheme.

Scheme advisory board (SAB): establishment

10.—(1) A Firefighters’ Pension Scheme Advisory Board is established(5).

(2) The Firefighters’ Pension Scheme Advisory Board is responsible for providing advice to the Department, at the Department’s request, on the desirability of making changes to the scheme.

(3) The Firefighters’ Pension Scheme Advisory Board may determine its own procedures, subject to the approval of the Department.

(4) The Firefighters’ Pension Scheme Advisory Board is also responsible for providing advice to the scheme manager and the Pension Board in relation to the effective and efficient administration and management of this scheme and any connected scheme.

(5) Subject to these Regulations, the Firefighters’ Pension Scheme Advisory Board may determine its own procedures including as to voting rights, the establishment of sub-committees, and the formation of joint committees.

(6) The Department may pay to the members of the Firefighters’ Pension Scheme Advisory Board such reasonable remuneration and expenses as it may determine.

(7) The Firefighters’ Pension Scheme Advisory Board shall have the power to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

Scheme advisory board: membership

11.—(1) The Firefighters’ Pension Scheme Advisory Board is to consist of the following members—

(a) a chair appointed by the Department; and

(b) members appointed by the Department.

(2) The total number of members shall be determined by the Department.

(3) A member of the Firefighters’ Pension Scheme Advisory Board is to hold and vacate office in accordance with the terms of that member’s appointment.

(4) The chairman of the Firefighters’ Pension Scheme Advisory Board may, with the agreement of the Board, appoint persons who are not members of the Firefighters’ Pension Scheme Advisory Board to be members of sub-committees of that Board.

(5) A member of a sub-committee of the Firefighters’ Pension Scheme Advisory Board is to hold and vacate office in accordance with the terms of that member’s appointment.

Scheme advisory board: conflicts of interest

12.—(1) Before appointing any person to be a member of the Firefighters’ Pension Scheme Advisory Board, the Department must be satisfied that the person does not have a conflict of interest.

(2) The Department must be satisfied from time to time that none of the members of the Firefighters’ Pension Scheme Advisory Board has a conflict of interest.

(3) If the Department determines that a member of the Firefighters’ Pension Scheme Advisory Board has a conflict of interest, the Department must terminate the appointment of the member.

(4) A member of the Firefighters’ Pension Scheme Advisory Board, or a person proposed to be appointed as such a member, must provide the Department with any information the Department may reasonably require for the purpose of paragraph (1) or (2).

Scheme advisory board: funding

13.—(1) The Firefighters’ Pension Scheme Advisory Board must prepare an annual budget for approval by the Department.

(2) The expenses of the Firefighters’ Pension Scheme Advisory Board are to be defrayed by the Department in such proportions as are determined by the Department based on the approved budget and the number of members of this scheme and connected schemes for which the Northern Ireland Fire and Rescue Service is responsible.

(3) The Department must pay the amount it is required to pay under this regulation at such time or times as the Firefighters’ Pension Scheme Advisory Board may determine.

Delegation

14.—(1) The Department may delegate any functions under these Regulations, including this power to delegate.

(2) The scheme manager may delegate any functions under these Regulations, including this power to delegate.

(1)

See section 4(6) of the 2014 Act which sets out when statutory pension schemes are “connected”.

(2)

See section 34 of the 2014 Act for the meaning of “defined contributions scheme”.

(3)

See section 5(8) of the 2014 Act for the meaning of “pension board”.

(4)

See section 5(6) of the 2014 Act for the meaning of “conflict of interest”.

(5)

See section 7(6) of the 2014 Act for the meaning of “scheme advisory board”.