The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

PART L N.I. REVISION AND WITHDRAWAL OF AWARDS

Review of ill-health and certain deferred pensions N.I.

80.—(1) So long as a person—

(a) has been in receipt of an ill-health pension for less than 10 years; and

(b) is under the age of 60,

the Board shall consider, at such intervals as it thinks proper, whether he has become capable of carrying out any duty appropriate to the role from which he retired on grounds of ill-health.

(2) So long as a person—

(a) has been in receipt of a higher tier ill-health pension for less than 10 years; and

(b) is under the age of 60,

the Board shall also consider, at such intervals as it thinks proper, whether he has become capable of undertaking regular employment.

(3) So long as a person—

(a) is in receipt of payments in respect of a deferred pension under article 16; and

(b) is under the age of 60,

the Board shall also consider, at such intervals as it thinks proper, whether he has become capable—

(i) of carrying out any duty appropriate to the role from which he retired on grounds of ill-health; or

(ii) of undertaking regular employment.

(c) In this Part, “regular employment” means employment for at least 30 hours a week on average over a period of 12 consecutive months beginning with the date on which the issue of his capacity for undertaking employment arises.

Commencement Information

I1 ANNEX Scheme Pt. L art. 80 in operation at 1.4.2006, see art. 1(2)

Consequences of review N.I.

81.—(1) If, on such consideration as is mentioned in article 80(2), it is found that a person has become capable of undertaking regular employment, the Board shall immediately terminate his higher tier ill-health pension.

(2) A lower tier ill-health pension shall continue to be paid to a person whose higher tier ill-health pension is terminated as mentioned in paragraph (1) unless—

(a) on such consideration as is mentioned in article 80, it is found that he has become capable of performing the duties appropriate to the role from which he retired on the grounds of ill-health; and

(b) the Board make him an offer of employment in that role (“a paragraph (2)(b) offer”).

(3) Entitlement to a lower tier ill-health pension shall cease, with immediate effect, where a person accepts or declines a paragraph (2)(b) offer.

(4) A person who declines a paragraph (2)(b) offer shall then become entitled to a deferred pension under article 16.

Commencement Information

I2 ANNEX Scheme Pt. L art. 81 in operation at 1.4.2006, see art. 1(2)

Reduction of award in case of default N.I.

82.—(1) Subject to paragraph (2), where a person—

(a) is permanently disabled; and

(b) has brought about or contributed to his infirmity by his own serious and culpable negligence or misconduct,

the Board may reduce any ill-health award payable to him by it to not less than half its full amount.

(2) Where—

(a) a pension has been reduced under paragraph (1); and

(b) then the person attains the age of 60 the amount of the reduced pension is less than that of the notional deferred pension,

the amount of the reduced pension shall be increased to that of the notional deferred pension.

(3) The notional deferred pension is the deferred pension that would have been payable if the person had become entitled to one on the date of his ceasing to serve.

Commencement Information

I3 ANNEX Scheme Pt. L art. 82 in operation at 1.4.2006, see art. 1(2)

Withdrawal of pension during service as regular firefighter N.I.

83.  The Board may withdraw the whole or any part of the pension, except a pension under Part C (Awards on death – spouses and civil partners), for any period during which the person entitled to it is serving as a regular firefighter in a fire and rescue service maintained under the Fire and Rescue Services Act 2004.

Commencement Information

I4 ANNEX Scheme Pt L art. 83 in operation at 1.4.2006, see art. 1(2)

Withdrawal of pension on conviction of certain offences N.I.

84.—(1) Subject to paragraph (4), in the circumstances specified in paragraph (2), the Board may withdraw a pension in whole or in part, and permanently or temporarily as it may specify.

(2) The circumstances are—

(a) that the person entitled to the pension (“the pensioner”) has been convicted of an offence falling within paragraph (3), and in the case of a pension under Part C that the offence was committed after the death on which the pensioner became entitled to it; or

(b) that the pensioner has been convicted of an offence committed in connection with his service as a member of the fire and rescue service which is certified by a Minister of the Crown either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(3) The offences mentioned in paragraph (2)(a) are—

(a) an offence of treason; and

(b) one or more offences under the Official Secrets Acts 1911 to 1989(1) for which the pensioner has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

(4) In determining whether the withdrawal of a pension should—

(a) be permanent or temporary; and

(b) affect the pension in whole or in part,

the Board may make different determinations in respect of the secured and unsecured portions of the pension; but the secured portion may not be withdrawn permanently and may only be withdrawn temporarily for a period ending before the pensioner attains state pensionable age or one during which he is imprisoned or otherwise detained in legal custody.

(5) The Board may, to such extent as it thinks fit—

(a) apply for the benefit of any dependant of the pensioner’s; or

(b) restore to the pensioner,

so much of any pension as has been withdrawn under this article.

Commencement Information

I5 ANNEX Scheme Pt. L art. 84 in operation at 1.4.2006, see art. 1(2)

(1)

1911 c. 28, 1920 c. 75, 1939 c. 121. 1989 c.6