The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

1. Introductory Text

2. 1. Citation, commencement and revocations

3. 2. The Scheme

4. Signature

5. 1. ANNEX

      The Firefighters’ Pension Scheme (Northern Ireland) 2007

      1. 1. The following Scheme shall have effect.

      2. PART A GENERAL PROVISIONS AND RETIREMENT

         1. 1. Interpretation

         2. 2. Exclusive application to regular firefighters

         3. 3. Application to temporary employment connected with fire and rescue services

         4. 4. Application to permanent employment as instructor

         5. 5. Reckoning of service for purposes of awards

         6. 6. Aggregate pension contributions for purposes of awards

         7. 7. Disablement

         8. 8. Relevant service in the armed forces

         9. 9. Normal pension age

         10. 10. Compulsory retirement on grounds of efficiency

         11. 11. Compulsory retirement on grounds of disablement

         12. 12. Effective date of retirement

      3. PART B PERSONAL AWARDS

         1. 13. Ordinary pension

         2. 14. Short service award

         3. 15. Ill-health award

         4. 16. Deferred pension

         5. 17. Repayment of aggregate pension contributions

         6. 18. Commutation — general provision

         7. 19. Commutation - small pensions

         8. 20. Allocation

         9. 21. Limitation of commuted or allocated portion of pension

         10. 22. Deduction of tax and lifetime allowance charge

         11. 23. Pension debit members

         12. 24. Part-time members

      4. PART C AWARDS ON DEATH — SPOUSES OR CIVIL PARTNERS

         1. 25. Spouse’s or civil partner’s ordinary pension

         2. 26. Spouse’s or civil partner’s accrued pension

         3. 27. Limitation award to surviving spouse or civil partner with reference to date of marriage or civil partnership

         4. 28. Surviving spouse’s or civil partner’s requisite benefit and temporary pension

         5. 29. Surviving spouse’s or civil partner’s award where no other award payable

         6. 30. Limitation where spouses or civil partners living apart

         7. 31. Effect of remarriage or subsequent civil partnership

         8. 32. Pension debit members

      5. PART D AWARDS ON DEATH — CHILDREN

         1. 33. Child’s ordinary allowance

         2. 34. Child’s accrued allowance

         3. 35. Child’s allowance or special gratuity — limitations

         4. 36. Pension debit members

      6. PART E AWARDS ON DEATH — ADDITIONAL PROVISIONS

         1. 37. Lump sum death grant

         2. 38. Dependent relative’s gratuity

         3. 39. Payment of balance of contributions to estate

         4. 40. Lump sum in lieu of surviving spouse’s or civil partner’s pension

         5. 41. Lump sum in lieu of child’s allowance

         6. 42. Limitation on discretion to commute pension or allowance for gratuity

         7. 43. Increase of pensions and allowances during first 13 weeks

         8. 44. Flat-rate awards

      7. PART F PENSIONABLE SERVICE AND TRANSFER VALUES

         1. 45. Reckoning of and certificates as to pensionable service

         2. 46. Current service

         3. 47. Maternity, paternity and adoption leave

         4. 48. Previous service reckonable without payment

         5. 49. Previous service reckonable on payment

         6. 50. Period during which injury pension was payable

         7. 51. Previous service reckonable following actionable loss

         8. 52. Calculation of amount of restitution payment

         9. 53. Receipt of transfer value

         10. 54. Transfer payments between fire authorities

         11. 55. Payment of transfer values

      8. PART G PENSIONABLE PAY AND CONTRIBUTIONS

         1. 56. Pensionable pay and average pensionable pay

         2. 57. Pension contributions

         3. 58. Optional pension contributions during maternity and adoption leave

         4. 59. Election not to pay pension contributions

         5. 60. Continued payment of additional and further contributions

         6. 61. Purchase of increased benefits

         7. 62. Election to purchase increased benefits

         8. 63. Payment of periodical contributions for increased benefits

         9. 64. Effect of payment for increased benefits

      9. PART H DETERMINATION OF QUESTIONS AND APPEALS

         1. 65. Determination by the Board

         2. 66. Appeal against opinion on a medical issue

         3. 67. Appeal against decision of the Board

      10. PART I SERVICEMEN

          1. 68. Preliminary

          2. 69. Award to servicemen

          3. 70. Awards on death of servicemen

          4. 71. Servicemen who do not resume service in the fire and rescue service

          5. 72. Pensionable service

          6. 73. Pension contributions

      11. PART J PENSION CREDIT MEMBERS

          1. 74. Pension credit member’s entitlement to pension

          2. 75. Commutation of the pension credit benefits

          3. 76. Death grants where pension credit member dies before pension credit benefits payable

          4. 77. Application of general rules

      12. PART K SPECIAL CASES

          1. 78. Guaranteed minimum pensions

          2. 79. Revaluation of guaranteed minimum

      13. PART L REVISION AND WITHDRAWAL OF AWARDS

          1. 80. Review of ill-health and certain deferred pensions

          2. 81. Consequences of review

          3. 82. Reduction of award in case of default

          4. 83. Withdrawal of pension during service as regular firefighter

          5. 84. Withdrawal of pension on conviction of certain offences

      14. PART M PAYMENT OF AWARDS AND FINANCIAL PROVISIONS

          1. 85. Payment of awards

          2. 86. Prevention of duplication

          3. 87. Payment of awards - supplementary

      15. PART N SCHEME ADMINISTRATION, RECEIPTS AND EXPENSES

          1. 88. Scheme administrator for purposes of Part 4 of Finance Act 2004

      16. PART O SUPPLEMENTAL PROVISION

          1. 89. Transitional and other matters

      17. PART P FIREFIGHTERS’ PENSION FUND

          1. 90. Establishment, maintenance and operation of Firefighters’ Pension Fund

          2. 91. Special payments and transfers into Firefighters’ Pension Fund

          3. 92. Transfer from Firefighters’ Pension Fund

          4. 93. Excess amounts – information

          5. 94. Excess amounts – estimated deficits

          6. 95. Excess amounts – estimated surpluses

          7. 96. Excess amounts – actual deficits

          8. 97. Excess amount – actual surpluses

          9. 98. Duty to provide information

          10. 99. Duty to have regard to guidance

   2. SCHEDULE 1

      INTERPRETATION

      1. PART I GLOSSARY OF EXPRESSIONS

      2. PART II EXPRESSIONS RELATED TO NATIONAL INSURANCE AND SOCIAL SECURITY ACTS AND ORDERS

         1. 1. In this Scheme “employed contributor’s employment”, “graduated contribution”, “graduated retirement...

         2. 2. In this Scheme “state pensionable age” means pensionable age as...

         3. 3. In this Scheme a reference to a participating period of...

         4. 4. (1) In this Scheme— (a) any reference to the secured...

         5. 5. For the purposes of this Scheme the annual rate of...

         6. 6. In this Scheme “contracted-out employment”, “contracted-out scheme”, “earnings factors”, “guaranteed...

         7. 7. In this Scheme any reference to a case in which...

         8. 8. In this Scheme any reference to the guaranteed minimum in...

         9. 9. In the case of a person entitled to reckon a...

   3. SCHEDULE 2

      PERSONAL AWARDS

      1. PART I ORDINARY PENSION

      2. PART II SHORT SERVICE PENSION

      3. PART III ILL-HEALTH PENSION

         1. 1. (1) Paragraphs 2 to 5 have effect subject to article...

         2. 2. Subject to paragraph 3, the amount of a lower tier...

         3. 3. Where the person concerned has less than 5 years’ pensionable...

         4. 4. (1) The amount of a person’s higher tier ill-health pension...

         5. 5. (1) Where— (a) if the person had continued to serve...

      4. PART IV CALCULATION OF AWARDS FOR PART-TIME SERVICE

         1. 1. Where some or all of the person’s service, by virtue...

         2. 2. (1) The amount of an award listed in paragraph 1...

      5. PART V DEFERRED PENSION

         1. 1. (1) Paragraph 2 has effect subject to Parts IV, VIII...

         2. 2. (1) The amount of a deferred pension is the lesser...

      6. PART VI REDUCTION OF PENSION AT STATE PENSIONABLE AGE

         1. 1. (1) Where, in respect of service as a regular firefighter...

         2. 2. (1) This paragraph applies in the case of a person...

         3. 3. (1) Where a person is in receipt of an ordinary,...

      7. PART VII REDUCTION OF PENSION RELATED TO UP-RATING OF WIDOW’S PENSION

         1. 1. In this Part “pension” means an ordinary, short service, ill-health...

         2. 2. (1) Subject to sub-paragraph (2), this paragraph applies in the...

         3. 3. (1) Subject to sub-paragraph (2), this paragraph applies in the...

         4. 4. In calculating the amount of a reduction in a pension...

         5. 5. The following Table is the Table referred to in paragraphs...

         6. 6. (1) Where a man entitled to an ordinary pension was,...

   4. SCHEDULE 3

      AWARDS ON DEATH – SPOUSES OR CIVIL PARTNERS

      1. PART I SPOUSE’S OR CIVIL PARTNER’S ORDINARY PENSION

         1. 1. (1) Subject to paragraph 2, the amount of an ordinary...

         2. 2. For any period in respect of which the surviving spouse...

      2. PART II SPOUSE’S OR CIVIL PARTNER’S ACCRUED PENSION

         1. 1. (1) For the purposes of this Part, half-rate service comprises—...

         2. 2. (1) Subject to sub-paragraph (3), the amount of the surviving...

         3. 3. (1) Subject to sub-paragraphs (2) and (3), for any period...

      3. PART III PENSION FOR SURVIVING SPOUSE OR CIVIL PARTNER OF POST-RETIREMENT MARRIAGE OR CIVIL PARTNERSHIP

         1. 1. (1) Where the surviving spouse or civil partner would otherwise...

         2. 2. (1) Where the surviving spouse or civil partner would otherwise...

         3. 3. The appropriate proportion mentioned in paragraphs 1 and 2 is...

      4. PART IV SPOUSE’S OR CIVIL PARTNER’S REQUISITE BENEFIT PENSION

         1. 1. Subject to paragraph 2, the amount of a requisite benefit...

         2. 2. Where some or all of the deceased’s service , which...

         3. 3. In making the calculation mentioned in paragraph 2, for the...

   5. SCHEDULE 4

      AWARDS ON DEATH – CHILDREN

      1. PART I CHILD’S ORDINARY ALLOWANCE

         1. 1. (1) Subject to paragraphs 2 and 3, the amount of...

         2. 2. (1) Where— (a) the deceased died while entitled to a...

         3. 3. For any period in respect of which a person to...

      2. PART II CHILD’S ACCRUED ALLOWANCE

         1. 1. (1) Subject to sub-paragraph (2) and to paragraphs 2 to...

         2. 2. Except where paragraph 3 applies, for the purposes of paragraph...

         3. 3. (1) This paragraph applies where the deceased was the child’s...

         4. 4. In calculating the deceased’s deferred pension for the purposes of...

         5. 5. Where one of the parents is alive and in respect...

      3. PART III REDUCTION IN CHILD’S ALLOWANCE DURING FULL-TIME REMUNERATED TRAINING

         1. 1. (1) Subject to sub-paragraph (2), this Part applies where a...

         2. 2. (1) Where this Part applies— (a) if the amount by...

         3. 3. (1) The specified rate is the annual rate (rounded up...

   6. SCHEDULE 5

      LUMP SUM IN LIEU OF CHILD’S ALLOWANCE

      1. 1. The amount of the lump sum is such amount, not...

      2. 2. The permitted amount is the capitalised value of the amount...

   7. SCHEDULE 6

      PENSIONABLE SERVICE AND TRANSFER VALUES

      1. PART I PAYMENTS IN RESPECT OF PREVIOUS SERVICE

         1. 1. (1) Subject to sub-paragraphs (2) to (4), an amount which...

         2. 2. (1) Subject to sub-paragraph (2), the sum referred to in...

      2. PART II SERVICE RECKONABLE ON RECEIPT OF TRANSFER VALUE

         1. 1. (1) If the previous scheme is a club scheme, the...

         2. 2. (1) Subject to paragraph 3, if the previous scheme is...

         3. 3. If— (a) the previous scheme is not a club scheme;...

         4. 4. In this Part— (a) annual pensionable pay, in the case...

      3. PART III TRANSFER PAYMENTS BETWEEN FIRE AUTHORITIES

         1. 1. Subject to paragraphs 4, 5, 7 and 8, the sum...

         2. 2. The basic element is (A x B) - (C x...

         3. 3. The spouse’s or civil partner’s element is E x F,...

         4. 4. (1) If when he retired from the first fire and...

         5. 5. If— (a) the person had undertaken to make payments in...

         6. 6. (1) The factors referred to in paragraphs 2 and 4...

         7. 7. If payment is not made within 6 months after the...

         8. 8. In making any calculation for the purpose of this part...

      4. PART IV AMOUNT OF TRANSFER VALUE

         1. 1. A transfer value is calculated on the cash equivalent basis...

         2. 2. Where— (a) a transfer value is payable to the scheme...

         3. 3. Where— (a) a transfer value is payable to the scheme...

         4. 4. Where— (a) a transfer value is payable to the scheme...

         5. 5. (1) Where— (a) a transfer value is payable to the...

         6. 6. In the case of a pension debit member, the sum...

   8. SCHEDULE 7

      PURCHASE OF INCREASED BENEFITS

      1. PART I PAYMENTS

         1. 1. (1) In the case of a man, the lump sum...

         2. 2. In the case of a woman, the lump sum mentioned...

         3. 3. (1) In the case of a man, the amount for...

         4. 4. In the case of a woman, the rate of the...

         5. 5. The following Table is that referred to in paragraphs 1...

      2. PART II CALCULATION OF APPROPRIATE AMOUNT

         1. 1. The amount mentioned in article 64(3) is— ( A x...

         2. 2. The amount mentioned in article 64(5)(b) is— ( A x...

         3. 3. The actuarial valuation mentioned in article 64(6) is the assessment...

      3. PART III INCREASES BY REFERENCE TO APPROPRIATE AMOUNT

         1. 1. In this Part references to the appropriate amounts are to...

         2. 2. (1) In the provisions mentioned in sub-paragraph (2) any reference...

         3. 3. (1) In the provisions mentioned in sub-paragraph (2) any reference...

         4. 4. A spouse’s or civil partner’s pension calculated under paragraphs 1...

         5. 5. (1) In calculating a child’s ordinary allowance under Part II...

   9. SCHEDULE 8

      APPEAL TO INDEPENDENT MEDICAL REFEREE

      1. 1. (1) Subject to sub-paragraph (2), written notice of appeal against...

      2. 2. (1) On receiving a notice of appeal the Board shall...

      3. 3. The independent medical referee shall secure that the appellant and...

      4. 4. (1) Subject to sub-paragraph (4), the independent medical referee—

      5. 5. (1) Where either party to the appeal intends to submit...

      6. 6. The independent medical referee shall supply the Department with a...

      7. 7. (1) There shall be paid to the independent medical referee—...

      8. 8. (1) Subject to paragraph 5(3) and sub-paragraphs (2) to (6),...

      9. 9. Any notice, information or document which an appellant is entitled...

   10. SCHEDULE 9

       SPECIAL CASES

       1. PART I SPOUSE’S OR CIVIL PARTNER’S AWARDS

          1. 1. (1) Paragraphs 2 to 6 have effect for the calculation...

          2. 2. (1) Subject to sub-paragraph (2), where before lst April 1972...

          3. 3. (1) Subject to sub-paragraph (2), where paragraph 2 does not...

          4. 4. (1) The amount mentioned in paragraphs 2(l) and 3(l) is...

          5. 5. (1) The amount mentioned in paragraph 3(2) is that of...

          6. 6. Where the deceased’s pensionable service exceeds 30 years, the excess...

       2. PART II CHILDREN’S AWARDS

          1. 1. This Part has effect for the calculation of a child’s...

          2. 2. The amount of an ordinary allowance is the appropriate percentage...

          3. 3. The amount mentioned in paragraph 2 is the difference between...

       3. PART III CALCULATION OF PENSIONABLE SERVICE WHERE PERSON CEASED TO SERVE BEFORE 1ST MAY 1975

          1. 1. For the purposes of Part I of Schedule 2 the...

          2. 2. (1) For the purposes— (a) of paragraphs 2 and 3...

          3. 3. Where a period is to be computed in completed years...

   11. SCHEDULE 10

       TRANSITIONAL AND OTHER MATTERS

       1. 1. (1) The revocation of the orders specified in Part I...

       2. 2. (1) Where— (a) a provision of this Scheme (“the new...

       3. 3. (1) The revocation of a transitional provision relating to the...

       4. 4. Any document made, served or issued after 31st March 2006...

       5. 5. (1) The changes made to the treatment of ill-health provisions...

   12. SCHEDULE 11

       REVOCATIONS

       1. PART I ORDERS NOT PREVIOUSLY REVOKED

       2. PART II ORDERS PREVIOUSLY REVOKED SUBJECT TO SAVINGS

6. Explanatory Note