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The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2008.

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9.  In Part 8 (special cases)—

(a)In rule 1 (award for or in relation to employee who is not a regular or retained firefighter)—

(i)in paragraph (1), omit “regular or retained”;

(ii)in paragraph (6), for “The”, substitute “Subject to paragraph (6A), the”; and

(iii)after paragraph (6) insert—

(6A) Where a person is or has been a part-time employee, the appropriate amount is that found by applying the formula—

where—

A is the amount that would have been calculated as mentioned in sub-paragraph (a), (b) or (c) of paragraph (6) (as the case may be) if the person had been a whole-time employee of the Board;

B is the period in years of his pensionable service as a whole-time employee of the Board;

C is the period of years of his pensionable service as a part-time employee of the Board, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time employment and the denominator is the number of contractual hours for one year of whole-time employment; and

D is the period in years of his pensionable service.;

(b)In rule 2 (award for or in relation to a volunteer firefighter)—

(i)in paragraph (1), after “Board”, insert “immediately before 6th April 2006”;

(ii)in paragraph (2), at the end add “; but an award under rule 1 or 3 shall be reduced by 75 per cent. of any other pension under the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme that is then in payment.”;

(iii)in paragraph (3), after “allocated portion” insert “of the Firefighters’ Pension Scheme or article 19 (commutation: general) or 21 (allocation of pension) of the New Firefighters’ Pension Scheme”;

(iv)in paragraph (4)—

(aa)for “A”, substitute “Subject to paragraph (4A), a”,

(bb)for “the Pension Scheme”, substitute “the Firefighters’ Pension Scheme”; and

(cc)after “case of default)”, insert “of the Firefighters’ Pension Scheme or, if he has become a member of the New Firefighters’ Pension Scheme, article 19 (commutation: general) or article 21 (Allocation of pension) of that Scheme, articles 49 (review of ill-health pension) and 50 (consequences of review)”;

(v)after paragraph (4), insert—

(4A) In the case of a person who has become a member of the New Firefighters’ Pension Scheme, the award under article 15 of the Firefighters’ Pension Scheme shall be reduced by the amount of any award to which the person is entitled under article 12 of the New Firefighters’ Pension Scheme (award on ill-health retirement).;

(vi)for paragraph (5) substitute—

(5) This paragraph applies where—

(a)a person dies from the effects of a qualifying injury or infirmity of mind or body occasioned by a qualifying injury; and

(b)he has at any time before 6th April 2006 been employed by the Board as a retained or volunteer firefighter..

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