The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008

4.  In Part 3 (personal awards)—

(a) In article 12 (award on ill-health retirement)—

(i) in paragraph (3), after “calculated”, “insert subject to paragraph (4),”; and

(ii) after paragraph (3), add—

“(4) The amount of the higher tier ill-health pension of a firefighter member who, by virtue of article 17, is entitled to two pensions, is whichever is the greater of—

(a) the sum of his lower tier ill–health pension (calculated in accordance with paragraph 1 of Schedule 1) and the higher tier ill-health pension to which he would be entitled if paragraph (3) were not subject to this paragraph (calculated in accordance with paragraph 2 or 3 of Schedule 1); and

(b) the amount of the single pension to which he would be entitled under paragraph (7) of article 17.

and for the purposes of this paragraph it shall be assumed that the person had given the written notice referred to in paragraph (6) of article 17.”.

(b) in article 14 (cancellation of deferred pension), in paragraph (2), for “the service” substitute “the Board’s employment”;

(c) in article 15 (pension on member-initiated early retirement), in paragraph (5)(a), for “pensionable”, in the second place in which that word appears, substitute “reference”;

(d) in article 16 (pension on Board-initiated early retirement), in paragraph (1), for “the service” substitute “the Board’s employment”;

(e) in article 17 (entitlement to two pensions)—

(i) in paragraph (1), for “paragraph (7)” substitute “paragraph (6)”; and

(ii) in paragraph (4), for “that day”, substitute “the last day of his membership of the Scheme”;

(f) after article 17 insert—

“Additional pension benefit: long service

17A.— (1) A firefighter member who—

(a) in respect of a period that includes 30^th June 2007 is entitled to a long service increment or an interim or transitional payment connected with long service, and

(b) on or after 1^st October 2007—

(i) retires from employment as a regular firefighter, or

(ii) becomes entitled to a deferred pension under article 13,

shall be credited with an amount of additional pension benefit.

(2) Subject to paragraph (3) and article 17C(5), the amount of additional pension benefit is that found by applying the formula—

where—

A is the number in years (counting part of a year as the appropriate fraction) by which the member’s pensionable service up to and including 30^th June 2007 exceeds 15 but does not exceed 20; and

B is the number in years (counting part of a year as the appropriate fraction) by which his pensionable service exceeds 20 but does not exceed 30.

(3) Where the Retail Prices Index for the month of September preceding the relevant tax year is higher than it was for September 2007, the amount of additional pension benefit (as calculated in accordance with paragraph (2) and, if applicable, this paragraph) shall be increased by the same percentage as the percentage increase in the Retail Prices Index.

(4) Any increase in accordance with paragraph (3) shall be applied with effect from the first Monday of the relevant tax year.

(5) In paragraph (3)—

“relevant tax year” means a tax year in relation to which—

(a)

the amount of a firefighter member’s pension benefits is calculated for the purposes of this Scheme; and

(b)

he is not a pensioner member or a deferred member; and “tax year” means the period of 12 months beginning with 6^th April.

“tax year” means the period of 12 months beginning with 6^th April.

Additional pension benefit: continual profession development

17B.— (1) A firefighter member who, in any CPD year beginning with the year commencing on 1^st July 2007, receives CPD payments, shall be credited with an amount of additional pension benefit in respect of that year.

(2) Subject to paragraph (3) and article 17C(5), the amount of additional pension benefit in respect of a CPD year shall be determined on 1^st July immediately following the year in question in accordance with guidance and tables provided by the Scheme Actuary.

(3) Where the Retail Price Index for the month of September preceding the relevant tax year is higher than it was for the month of September in the CPD year in question, the amount of additional pension benefit for that CPD year (as calculated in accordance with paragraph (2)) shall be increased by the same percentage as the percentage increase in the Retail Prices Index.

(4) Any increase in accordance with paragraph (3) shall be applied with effect from the first Monday of the relevant tax year.

(5) In this article—

“CPD payments”, as regards a firefighter, means payments made to him by the Board in respect of his continual professional development;

“CPD year” means a period of 12 months beginning with 1^st July in which a firefighter member is in receipt of CPD Payments;

“relevant tax year” means a tax year in relation to which—

(a)

the amount of a firefighter member’s pension benefits is calculated for the purposes of this Scheme, and

(b)

he is not a pensioner member or a deferred member;

and a tax year is a relevant tax year in relation to a particular CPD year if it is the tax year in which CPD payments for that CPD year are taken into account; and

“tax year” means the period of 12 months beginning with 6^th April.

Additional pension benefit: supplementary provisions

17C.— (1) Subject to paragraphs (2) to (4), additional pension benefit under article 17A or 17B is payable at normal retirement age.

(2) Where the firefighter member resigns or is dismissed or makes a contributions election, additional pension benefit is payable at normal benefit age; and paragraphs (4) to (6) of article 13 (deferred pension) shall apply in relation to that benefit as if it were a deferred pension to which he was entitled under that article.

(3) Where the firefighter member leaves his employment on ill-health retirement, his additional pension benefit is payable immediately.

(4) Where the firefighter member takes Board-initiated early retirement or member initiated early retirement, his additional pension benefit is payable at the same time as his pension under article 15 (pension on member-initiated early retirement), or, as the case may be, article 16 (pension on Board-initiated early retirement).

(5) Where paragraph (4) applies, the firefighter member’s additional pension benefit shall be actuarially reduced by applying to the amount ascertained in accordance with article 17A or 17B (as the case may be) the appropriate actuarial reduction factor notified by the Scheme Actuary.

(6) For the purposes of articles 19 and 20 (commutation), additional pension benefit shall be treated as if it were a pension payable under this Part.

(7) For the purposes of determining the amount of any survivor’s pension under Part 4 or pension credit under Part 6, additional pension benefit shall be treated as if it were a pension payable under this Part.”;

(g) in article 18 (refund or aggregate pension contributions), in paragraph (1)(b), for “that employment” substitute “Board’s employment”;

(h) in article 19 (commutation: general provision)—

(i) after paragraph (8) insert—

“(8A) Paragraph (8B) applies where—

(a) notice of commutation has taken effect in relation to—

(i) a person’s ill-health pension, and

(ii) the entitlement to pension ceases under article 50(3) (Consequences of review); or

(b) notice of commutation has taken effect in relation to—

(i) a person’s deferred pension that has been paid before normal benefit age (“the early-paid pension”), and

(ii) the entitlement to early-paid pension ceases under article 50(5) (Consequences of review).

(8B) If the person becomes entitled to another pension, other than an injury pension under the Compensation Scheme, for which he is entitled to reckon the period of pensionable service that was reckonable for the purposes of the ill-health pension or the early-paid pension (as the case may be), the other pension shall be reduced by the amount by which the ill-health pension or the early-paid pension would have been reduced if it had not been withdrawn.

(8C) Where paragraph (8B) applies, and notice of commutation is given in respect of the other pension, the portion of it that may be commuted is reduced by the amount of the reduction under that paragraph.”; and

(ii) in paragraph (9)(b), for the words from “Part 7” to the end, substitute “Part 7A of the Compensation Scheme in an award to a reservist.(1)”;

(i) in article 21 (allocation of pension), in paragraph (4), for “Part 7 of the Compensation Scheme (awards to, or on death of, servicemen)”, substitute “Part 7A of the Compensation Scheme (awards to, or on death of, reservists)”.

(1)

Part 7A was inserted by S.R. 2008 No. 238, Schedule, para 8.