The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015

Amendments to Part 1 (general provisions)

1.—(1) Part 1 is amended as follows.

(2) In rule 2(1) (interpretation)—

(a) for the definition of “pensionable pay” substitute—

““pensionable pay”—

(a)

in relation to a person who is a member of the Firefighters’ Pension Scheme shall be construed in accordance with article 56 of that Scheme;

(b)

in relation to a person who is a member of the New Firefighters’ Pension Scheme shall be construed in accordance with article 61 of that Scheme;

(c)

in the case of a person who is not a member of either scheme, shall be construed in accordance with rule 11 of this Part;”;

(b) after the definition of “regular firefighter” insert—

““relevant service”, except in rule 1 of Part 7 (servicemen) and rule 1 of Part 7A (reservists), means service which either was, or would, but for an election under article 59 of the Firefighters’ Pension Scheme or article 8 of the New Firefighters’ Pension Scheme or a failure to elect under article 58 of the Firefighters’ Pension Scheme or article 64 of the New Firefighters’ Pension Scheme, have been reckonable as pensionable service;”

(c) for the definitions of “retained firefighter” and “retained or volunteer firefighter” substitute—

““retained firefighter” means a person who is employed by the Board—

(a)

as a retained firefighter, but not as a regular firefighter or a volunteer firefighter,

(b)

on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting),

(c)

otherwise than in a temporary capacity, and

(d)

who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives;”;

(d) after the definition of “surviving spouse” insert—

““volunteer firefighter” means a person who is employed by the Board—

(a)

as a volunteer firefighter but not as a regular firefighter or a retained firefighter,

(b)

on terms under which he is, or may be, required to engage in fire-fighting or may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting),

(c)

otherwise than in a temporary capacity, and

(d)

who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives; ”.

(3) In rule 3—

(a) for the heading substitute—

“Exclusive application to regular and retained firefighters”;

(b) in paragraph (1) for “regular firefighters” substitute “regular and retained firefighters”;

(c) in paragraph (2) for “regular firefighter” substitute “regular or retained firefighter”.

(4) In rule 6 (reckoning of service for purpose of awards)—

(a) in paragraph (2) for “regular firefighter” substitute “regular or retained firefighter”.

(b) in paragraph (3)—

(i) for “retained or volunteer firefighter” substitute “volunteer firefighter”;

(ii) omit “and Part 2 of Schedule 2”;

(iii) after “any period of service” insert “as a retained firefighter or”

(iv) for “pensionable service” substitute “relevant service”.

(5) In rule 7 (qualifying injury)—

(a) in paragraph (1)—

(i) in sub-paragraph (b) omit “retained or”;

(ii) for “regular firefighter” substitute “regular or retained firefighter””;

(b) in paragraph (3) omit the words—

(i) “and paragraph (4) of rule 2 of Part 10”; and

(ii) “retained or”.

(6) After rule 10 (effective date of retirement), add—

“Determining pensionable pay in certain cases

11.— (1) Where an award is to be calculated in respect of a person who is not, or was not, a member of the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme, the definition of “pensionable pay” shall be construed in accordance with—

(a) article 56 of the Firefighters’ Pension Scheme in the case of a person who elected not to pay pension contributions under article 59 of that Scheme;

(b) article 61 of the New Firefighters’ Pension Scheme in the case of a person who elected not to pay pension contributions under article 8 of Part 2 of that Scheme;

(c) article 61 of the New Firefighters’ Pension Scheme, where an election had been made at different times under both schemes.

(2) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the Firefighters’ Pension Scheme, his award shall be calculated on the basis of the pay which would have been his average pensionable pay if he had not made an election.

(3) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the New Firefighters’ Pension Scheme, his award shall be calculated on the basis of the pay which would have been his final pensionable pay if he had not made an election.

(4) For the purposes of calculating a retained firefighter’s pensionable pay (whether or not that person is or was a member of the New Firefighters’ Pension Scheme), the Board shall determine the period of the person’s service from its records.

(5) Where the Board is not able to determine the period of the person’s service from its records, the person, or any other person entitled to an award under this Scheme, may provide the Board with documents to assist it to determine the person’s period of service.

(6) Where the Board is not able to determine the period of the person’s service and the Board does not hold records of that person’s pay for that period, and the necessary documents cannot be provided in accordance with paragraph (5), the Board may estimate the person’s pensionable pay for that period from the records which it holds and may in particular estimate this on the basis of the average of recent pay data for retained firefighters at the same station or stations at that at which the person was based for the relevant period.”.