The Firefighters' Pension Scheme Regulations (Northern Ireland) 2015

Actual surpluses N.I.

137.—(1) Where, having taken into account the un-audited information, and any other relevant information available, it appears to the Department that the total amount paid into the FPF in the relevant financial year exceeds the total amount paid out of that FPF in that year—

(a) where the difference between those total amounts (“the un-audited surplus”) exceeds the total of any amounts paid or payable to the Department by the scheme manager in relation to that year under regulation 135(1) or (2) (“the regulation 135 total”), the Department must require the scheme manager to pay to the Department the amount of the un-audited surplus less the regulation 135 total.

(b) where the un-audited surplus is less than the regulation 135 total, the amount of the regulation 135 total less the un-audited surplus is not payable under regulation 135(1) or (2) and, if already paid, the Department must repay it to the scheme manager;

(c) where no amount was paid or payable to the Department by the scheme manager in relation to the relevant financial year under regulation 135(1) or (2), the Department must require the scheme manager to pay to the Department the amount of the un-audited surplus; and

(d) any amount paid or payable by the Department to the scheme manager in relation to that year under regulation 134(1) or (2), is not payable and, if already paid, the scheme manager must repay it to the Department.

(2) Where, having taken into account the audited information and any other relevant information available, it appears to the Department that the total amount paid into the FPF in the relevant financial year exceeds the total amount payable out of that FPF in that year—

(a) where the difference between those total amounts (“the audited surplus”) exceeds the total of any amounts paid (but not repaid or repayable) or payable to the Department by the scheme manager in relation to that year under paragraph (1)(a) or (c) or regulation 135(1) or (2) (estimated surpluses) (“the un-audited regulation 135 total”), the Department must require the scheme manager to pay to the Department out of the FPF the amount of the audited surplus less the un-audited regulation 135 total;

(b) where the audited surplus is less than the un-audited regulation 135 total, the amount of the un-audited regulation 135 total less the audited surplus is not payable under paragraphs (1)(a) or (c) or regulation 135(1) or (2) and, if already paid, the Department must repay it to the scheme manager;

(c) where no amount was paid or payable to the Department by the scheme manager in relation to the relevant financial year under paragraphs (1)(a) or (c) or regulation 135(1) or (2), the Department must require the scheme manager to pay to the Department the amount of the audited surplus; and

(d) any amount paid or payable by the Department to the scheme manager in relation to that year under regulation 134(1) or (2) (estimated deficits), or regulation 136(1)(a) or (c) (actual deficits) is not payable and, if already paid, the scheme manager must repay it to the Department.

(3) The Department must give to the scheme manager, on or before 3rd July in the financial year after the relevant financial year (“the second year”), written notice of the amount of the payment that the Department requires the scheme manager to make under paragraph (1)(a) or (c).

(4) Where the Department or the scheme manager, as the case may be, is required to make a payment or repayment under paragraph (1), it must be made before the end of July in the second year or as soon as reasonably practicable thereafter.

(5) The Department must give to the scheme manager, on or before 3rd July in the financial year that is the second financial year after the relevant financial year (“the third year”), written notice of the amount of any payment that the Department requires the scheme manager to make under paragraph (2)(a) or (c).

(6) Where the Department or the scheme manager, as the case may be, is required to make a payment or repayment under paragraph (2), it must be made before the end of July in the third year or as soon as reasonably practicable thereafter.