The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024

Amendment to the Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015

5.—(1) The Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015(1) which establish the Firefighters’ Pension Scheme 2015 shall be amended as follows.

(2) In Part 1 (Preliminary)—

(a) in regulation 3 (interpretation)—

(i) in the definition of “index adjustment”, in paragraph (a), after “earnings” insert “and the index supplement”;

(ii) at the appropriate place insert—

““index supplement” means an amount of earned pension equal to the value of the index adjustment where the change in earnings is increased—

(a)

for 2021, by 0.2% above the amount specified in the Public Service Pensions Revaluation Order (Northern Ireland) 2021(2);

(b)

for 2022, by 0.4% above the amount specified in the Public Service Pensions Revaluation Order (Northern Ireland) 2022(3);”;

(iii) in the definition of “in-service revaluation index”, at the end, insert “and, in this scheme, includes the index supplement”;

(b) after regulation 3 (interpretation), insert—

“Civil Partnership and Marriage of Same Sex Couples

3A.   The application of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019(4) in relation to these Regulations is modified so that regulations 6(1) and (2) and 7(1) to (3) have effect.”.

(3) In Part 5 (Retirement benefits)—

(a) in regulation 79 (Option to commute part of pension) in paragraph (4)—

(i) after “exchange” insert “for a lump sum”; and

(ii) in sub-paragraph (a) omit “for a lump sum”;

(b) in regulation 79A(5) (Option to commute part of an equivalent amount)—

(i) in the opening words of paragraph (3) for “article” substitute “regulation”; and

(ii) after paragraph (3) insert—

“(4) Where the person is entitled to the immediate payment of an equivalent amount to the FPS lower tier ill-health pension and exercises the option to commute under this regulation, the lump sum is calculated in accordance with article 18 (commutation-general provision) of the FPS.”.

(4) In Part 6 (Death benefits)—

(a) in regulation 86(1) (Surviving partner’s pension payable on death of active member) for “more than” substitute “at least”;

(b) in regulation 100 (Bereavement pension: eligible child) in paragraphs (3) and (4) for “surviving partner’s pension”, in each place where the words occur, substitute “eligible child’s pension”.

(5) In Part 8 (Contributions)—

(a) in regulation 119 (Contributions during absence from work due to illness, injury, trade dispute or authorised absence) in paragraph (2), after “may” insert “elect to”;

(b) in regulation 127(5) (Refund of employer additional contribution for ill health award following review)—

(i) for “instalments of higher tier ill-health pension or lower tier ill-health pension”, substitute “instalments of higher tier ill-health additional contribution or lower tier ill-health additional contribution”; and

(ii) after “in respect of P”, in the first place where those words occur, insert “from the date that the entitlement ceased”.

(6) In Schedule 2 (Transitional provisions)—

(a) in Part 1 (General) in paragraph 3(2)(6) for “paragraphs (3) and (4)”, substitute “sub-paragraphs (3) and (4)”;

(b) in Part 3 (Exceptions to section 18(1) of the 2014 Act: tapered protection members of the FPS or the NFPS) in paragraph 18(3)(c), omit “would” in the second place where it occurs.

(1)

S.R. 2015 No. 78, amended by S.R. 2015 No. 420 and S.R. 2022 No. 155.

(2)

S.R. 2021 No. 56.

(3)

S.R. 2022 No. 82.

(4)

S.R. 2019 No 1514.

(5)

Regulation 79A was inserted by S.R. 2015 No. 420.

(6)

Paragraph 3(2) was amended by S.R. 2015 No. 420.