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The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015
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Article 3
SCHEDULE 2Amendment to the Annex to the New Firefighters’ Pension Scheme Order (Northern Ireland) 2007
This schedule has no associated Explanatory Memorandum
Amendment of Part 1 (citation and interpretation)
1.—(1) In article 2(1) (interpretation)—
(a)after the definition of “the 2014 Act”, insert—
““the 2015 Regulations” means the Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015(1) which established the Firefighters’ Pension Scheme (Northern Ireland) 2015;”;
(b)in the definition of “Compensation Scheme” for “out in Schedule 1” substitute “as set out in Schedule 1”;
(c)after the definition of “Firefighters’ Pension Scheme”, insert—
““full protection member of this Scheme” means a person who is a full protection member of this Scheme by virtue of paragraph 9 of Schedule 2 to the 2015 Regulations;”;
(d)for the definition of “limited period”, substitute—
““limited period” means the period beginning on 1st July 2000 or if later, the date falling before 6th April 2006, on which the person was first employed as a retained firefighter and ending on—
(a)
the earlier of—
(i)
the date on which that person joined this Scheme as a special member or as a standard member in respect of service which he could otherwise reckon as special pensionable service, and
(ii)
the date, if applicable, on which he ceased to be employed as a retained or regular firefighter;
(b)
in the case of a person who joins this Scheme as a provisionally enrolled member on 31st March 2015 and who on or after 1st April 2015—
(i)
does not become a full protection member of this Scheme or a tapered protection member of this Scheme, 31st March 2015,
(ii)
becomes a full protection member of this Scheme, the date on which that person joins this Scheme as a special member,
(iii)
becomes a tapered protection member of this Scheme, the earlier of the date the person joins this Scheme as a special member, and the member’s tapered protection closing date, within the meaning given in paragraph 3 of Schedule 2 to the 2015 Regulations;”;
(e)after the definition of “personal pension scheme”, insert—
““provisionally enrolled member” has the meaning given in article 4(10) of Part 2;”;
(f)in the definition for “regular firefighter” re-number the sub-paragraphs as (a), (b) and (c);
(g)in the definition of “special eligibility conditions”, for “has the meaning given” substitute “means the conditions specified”;
(h)in the definition of “special firefighter member”, for “4A(1) to (4)” substitute “4A(1) to (5)”;
(i)after the definition of “survivor’s pension”, insert—
““tapered protection member of this Scheme” means a person who is a tapered protection member of this Scheme by virtue of paragraph 15 of Schedule 2 to the 2015 Regulations;”.
Amendment of Part 2 (scheme membership, cessation and retirement)
2.—(1) Part 2 is amended as follows.
(2) In article 4 (scheme membership) after paragraph (9) insert—
“(10) A person is a provisionally enrolled member of this Scheme if he—
(a)satisfies the conditions in article 66C(2) of Part 11; and
(b)is not eligible to become a provisionally enrolled member pursuant to article 66C(3) of Part 11.”.
(3) In article 5A(2) (special eligibility conditions) after “(retrospective award on ill-health retirement)” insert “of Part 3”.
Amendment to Part 4 (survivors pensions)
3.—(1) Part 4 is amended as follows.
(2) In article 26 omit sub-paragraph (2)(c).
(3) Above article 27 insert the heading—
“Commutation of survivor’s pension”
Amendment of Part 11 (pensionable pay, pension contributions and purchase of additional service)
4.—(1) Part 11 is amended as follows.
(2) In article 65A(1)(2) (purchase of service during the limited period) omit “member”.
(3) In article 66A (election to purchase service during the limited period)—
(a)in paragraph (2) before “which he is” insert “to”; and
(b)after paragraph (13), insert—
“(14) In respect of the pension contributions referred to at paragraph (12), interest is payable in respect of contributions payable from and including 6th April 2006, until the date on which the person joins this Scheme as a standard member (“the assumed standard period”).
(15) Interest is payable in respect of the pension contribution required to be paid in respect of a special member’s service during the assumed standard period as follows—
(a)for the purposes of calculating interest under this paragraph it shall be assumed that in respect of the assumed standard period, pension contributions were payable by monthly periodic contributions from the date that the member’s first standard monthly contributions would have been paid;
(b)interest starts to accrue from the date that the first monthly contribution would have been paid in accordance with sub-paragraph (a) and ceases to accrue on the date that the lump sum contribution or final periodic contribution is paid in accordance with paragraphs (2), (4), (5) and (8);
(c)in relation to assumed standard period pension contributions which are paid by lump sum contribution, interest shall be calculated by applying the past interest rate to the contribution payable in accordance with article 63(1) of Part 11 compounded monthly between the month each contribution would have been made in accordance with sub-paragraph (a) until the calculation date;
(d)in relation to assumed standard pension contributions which are paid by periodic contribution—
(i)interest shall be calculated as for a lump sum contribution under sub-paragraph (c);
(ii)the amount of interest payable shall then be adjusted in accordance with tables provided by the Scheme Actuary so as to allow for interest at the future interest rate in relation to the period from the calculation date to the date that the contribution is paid, so as to discharge liability over a period of ten years;
(e)for the purpose of this article—
“assumed special period pension contributions” means the pension contribution payable in respect of a special member’s service during the assumed standard period under article 66A of Part 11;
“calculation date” means—
(a)
in the cast of lump sum contribution, the date when the lump sum is paid; and
(b)
in the case of payment of the assumed standard period pension contribution by periodic contribution, the date when the member joined this Scheme as a special member;
“future interest rate” is a rate equivalent to 1.5% plus the FTSE Actuaries UK Gilt 10 years yield index less the average of the FTSE Actuaries UK Index-linked Gilt 5 to 15 years index with assumed inflation rates of 0% and 5%;
“past interest rate” is a rate equivalent to the interest available on the most recent issue of five-year fixed interest saving certificates from National Savings and Investments available on the 15th day of each month which would have been applicable to the period in question.”.
(4) In article 66B(3) (election to purchase service during the limited period: supplemental provision) at the end of paragraph (12) insert “except where an election is made by a provisionally enrolled member, in which case, the election may not take effect after 30th September 2015”.
(5) After article 66B insert—
“Election to purchase service: provisional enrolment
66C.—(1) Subject to paragraph (3), a person who satisfies the conditions in paragraph (2) joins this Scheme as a provisionally enrolled member on 31st March 2015.
(2) The conditions are that—
(a)on or before 31st March 2015—
(i)the person has been notified by the Board, that he may be entitled to join this Scheme as a special member, pursuant to article 65A(4); or
(ii)the Board, referred to at article 65A(4), has received from the person an application for a statement of service, pursuant to article 65A(5).
(3) A person cannot become a provisionally enrolled member if, on or before 31st March 2015, the person—
(a)has become a special member of this Scheme;
(b)has informed the Board that they do not want to elect to join this Scheme as a special member; or
(c)has been notified by the Board that they are no longer eligible to join this Scheme as a special member.
(4) On or before 31st May 2015, the Board must give a provisionally enrolled member a notice as referred to under article 65A(13), unless the Board has already provided the person with such a notice.
(5) Subject to article 66B(12), if a provisionally enrolled member—
(a)gives the Board written notice of their election to pay mandatory special period pension contributions in respect of their service during the mandatory special period under article 66A, the election takes effect on the day on which the notice of election is received by the Board, and the person ceases to be a provisionally enrolled member of this Scheme and becomes a special member of this Scheme;
(b)does not give the Board written notice on or before 30th September 2015 of their election to pay mandatory special period pension contributions in respect of their service during the mandatory special period under article 66A, the person ceases to be a provisionally enrolled member of this Scheme.”.
Amendment of Annex A1 (pension contributions)
5. For the Table in paragraph 5 of Annex A1 substitute the following Table—
| “Pensionable Pay | Contribution rate from 1st April 2015 to 31st March 2016 (percentage of pensionable pay) |
|---|---|
| Up to and including £15,150 | 8.5% |
| More than £15,150 and up to and including £21,210 | 9.4% |
| More than £21,210 and up to and including £30,300 | 10.4% |
| More than £30,300 and up to and including £40,400 | 10.9% |
| More than £40,400 and up to and including £50,500 | 11.2% |
| More than £50,500 and up to and including £60,600 | 11.3% |
| More than £60,600 and up to and including £101,000 | 11.7% |
| More than £101,000 and up to and including £121,200 | 12.1% |
| More than £121,200 | 12.5% |
| Pensionable Pay | Contribution rate from 1st April 2016 to 31st March 2017 (percentage of pensionable pay) |
|---|---|
| Up to and including £15,301 | 8.5% |
| More than £15,301 and up to and including £21,422 | 9.4% |
| More than £21,422 and up to and including £30,603 | 10.4% |
| More than £30,603 and up to and including £40,804 | 10.9% |
| More than £40,804 and up to and including £51,005 | 11.2% |
| More than £51,005 and up to and including £61,206 | 11.3% |
| More than £61,206 and up to and including £102,010 | 11.7% |
| More than £102,010 and up to and including £122,412 | 12.1% |
| More than £122,412 | 12.5% |
| Pensionable Pay | Contribution rate from 1st April 2017 to 31st March 2018 (percentage of pensionable pay) |
|---|---|
| Up to and including £15,454 | 8.5% |
| More than £15,454 and up to and including £21,636 | 9.4% |
| More than £21,636 and up to and including £30,909 | 10.4% |
| More than £30,909 and up to and including £41,212 | 10.9% |
| More than £41,212 and up to and including £51,515 | 11.2% |
| More than £51,515 and up to and including £61,818 | 11.3% |
| More than £61,818 and up to and including £103,030 | 11.7% |
| More than £103,030 and up to and including £123,636 | 12.1% |
| More than £123,636 | 12.5% |
| Pensionable Pay | Contribution rate from 1st April 2018 (percentage of pensionable pay) |
|---|---|
| Up to and including £15,609 | 8.5% |
| More than £15,609 and up to and including £21,852 | 9.4% |
| More than £21,852 and up to and including £31,218 | 10.4% |
| More than £31,218 and up to and including £41,624 | 10.9% |
| More than £41,624 and up to and including £52,030 | 11.2% |
| More than £52,030 and up to and including £62,436 | 11.3% |
| More than £62,436 and up to and including £104,060 | 11.7% |
| More than £104,060 and up to and including £124,872 | 12.1% |
| More than £124,872 | 12.5%” |
Amendment of Schedule AB1 (pension contributions for special members)
6.—(1) In the table in paragraph 6 of Schedule AB1 in the heading of the fourth column after “2014” insert “to 31st March 2015”.
(2) After the table in paragraph 6 of Schedule AB1 insert—
| “Pensionable Pay | Contribution rate from 1st April 2015 to 31st March 2016 (percentage of pensionable pay) |
|---|---|
| Up to and including £15,150 | 11.0% |
| More than £15,150 and up to and including £21,210 | 12.2% |
| More than £21,210 and up to and including £30,300 | 14.2% |
| More than £30,300 and up to and including £40,400 | 14.7% |
| More than £40,400 and up to and including £50,500 | 15.2% |
| More than £50,500 and up to and including £60,600 | 15.5% |
| More than £60,600 and up to and including £101,000 | 16.0% |
| More than £101,000 and up to and including £121,200 | 16.5% |
| More than £121,200 | 17.0% |
| Pensionable Pay | Contribution rate from 1st April 2016 to 31st March 2017 (percentage of pensionable pay) |
|---|---|
| Up to and including £15,301 | 11.0% |
| More than £15,301 and up to and including £21,422 | 12.2% |
| More than £21,422 and up to and including £30,603 | 14.2% |
| More than £30,603 and up to and including £40,804 | 14.7% |
| More than £40,804 and up to and including £51,005 | 15.2% |
| More than £51,005 and up to and including £61,206 | 15.5% |
| More than £61,206 and up to and including £102,010 | 16.0% |
| More than £102,010 and up to and including £122,412 | 16.5% |
| More than £122,412 | 17.0% |
| Pensionable Pay | Contribution rate from 1st April 2017 to 31st March 2018 (percentage of pensionable pay) |
|---|---|
| Up to and including £15,454 | 11.0% |
| More than £15,454 and up to and including £21,636 | 12.2% |
| More than £21,636 and up to and including £30,909 | 14.2% |
| More than £30,909 and up to and including £41,212 | 14.7% |
| More than £41,212 and up to and including £51,515 | 15.2% |
| More than £51,515 and up to and including £61,818 | 15.5% |
| More than £61,818 and up to and including £103,030 | 16.0% |
| More than £103,030 and up to and including £123,636 | 16.5% |
| More than £123,636 | 17.0% |
| Pensionable Pay | Contribution rate from 1st April 2018 (percentage of pensionable pay) |
|---|---|
| Up to and including £15,609 | 11.0% |
| More than £15,609 and up to and including £21,852 | 12.2% |
| More than £21,852 and up to and including £31,218 | 14.2% |
| More than £31,218 and up to and including £41,624 | 14.7% |
| More than £41,624 and up to and including £52,030 | 15.2% |
| More than £52,030 and up to and including £62,436 | 15.5% |
| More than £62,436 and up to and including £104,060 | 16.0% |
| More than £104,060 and up to and including £124,872 | 16.5% |
| More than £124,872 | 17.0%” |
Amendment to Schedule 1 (ill-health pension)
7. For paragraphs 4, 5 and 6(4) re-number as paragraphs 3A, 3B and 3C.
Amendment to Schedule 2 (appeal to independent medical referee)
8.—(1) Schedule 2 is amended as follows.
(2) In paragraph 8(1) for “paragraph 4” substitute “paragraph 7”.
(3) In paragraph 11(1) for “paragraph 5(3)” substitute “paragraph 8(3)”.
(4) In paragraph 11(2) for “paragraph 7(1)” substitute “paragraph 10(1)”.
(1)
(2)
Articles 65 A and 66 A were inserted by S.R. 2015 No.9.
(3)
Article 66B was inserted by S.R. 2015 No. 9.
(4)
Paragraphs 4, 5 and 6 were inserted by S.R. 2015 No. 9.
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