The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2023

Amendment of Part 12 N.I.

7.—(1) Part 12 (transfers into and out of the scheme) is amended as follows.

(2) In article 81A (transfers of accrued rights under the Firefighters’ Pension Scheme to special members of this scheme)—

(a) in paragraph (1)—

(i) after “and who is” insert “a connected special member, or is”;

(ii) after “special firefighter member” insert “or a connected special member”;

(b) in paragraph (2)—

(i) after “article 65A(5) (purchase of service during the limited period)”, insert “or article 65B(9) (purchase of service during the extended limited period)”;

(ii) after “under article 65A(13)” insert “or article 65B(13)”;

(iii) at the end, insert “, as the case may be”;

(c) in paragraph (3) after “article 65A(13)”, insert “or article 65B(13), as the case may be”.

(3) In article 84A (converting membership from special membership to standard membership)—

(a) in paragraph (1)—

(i) after “person who is” insert “a connected special member, or is”;

(ii) after “special firefighter member” insert “or a connected special member”;

(b) in paragraph (2)—

(i) after “article 65A(5) (purchase of service during the limited period)”, insert “or article 65B(9) (purchase of service during the extended limited period)”;

(ii) after “of Part 11”, insert “as the case may be”;

(c) in paragraph (3)—

(i) after “article 65A(13)”, insert “or article 65B(13)”;

(ii) after “of Part 11”, insert “as the case may be”.

(4) In paragraph (5), after “the limited period”, insert “or the extended limited period”.

(5) In article 84B (converting membership from standard membership to special membership)—

(a) in paragraph (1)(a)—

(i) after “person who is” insert “a special firefighter member, or is”;

(ii) after “special firefighter member” insert “or a connected special member”;

(b) in paragraph (3)—

(i) after “article 65A(5) (purchase of service during the limited period)”, insert “or article 65B(9) (purchase of service during the extended limited period)”;

(ii) after “of Part 11”, insert “as the case may be”;

(c) in paragraph (4)—

(i) after “article 65A(13)”, insert “or article 65B(13)”;

(ii) after “of Part 11”, insert “as the case may be”;

(d) in paragraph (8), after “the limited period”, insert “or the extended limited period”.

(6) In article 84C (converting membership from standard membership to special membership: special pensioner members)—

(a) in paragraph (1)(a), after “person who is” insert “a special pensioner member, or is”;

(b) in paragraph (3)—

(i) after “article 65A(5) (purchase of service during the limited period)”, insert “or article 65B(9) (purchase of service during the extended limited period)”;

(ii) after “of Part 11”, insert “as the case may be”;

(c) in paragraph (4)—

(i) after “article 65A(13)”, insert “or article 65B(13)”;

(ii) after “of Part 11”, insert “as the case may be”.

(7) In paragraph (8), after “the limited period”, insert “or the extended limited period”.

(8) After article 84C, insert—

“Converting membership – election made during limited period

84D.— (1) This article applies where a member has made, at the same time as an election under article 65A to purchase service during the limited period—

(a) an election under article 84A(5) to convert special membership to standard membership;

(b) an election under article 84B(5) to convert standard membership to special membership; or

(c) an election under article 84C(5) to have pensionable service treated as special pensionable service.

(2) Where that member makes an election under article 65B to purchase service during the extended limited period—

(a) any service purchased is to be converted to service as a special member or as a standard member in accordance with the election referred to in paragraph (1)(a), (b) or (c);

(b) the member may decide to revoke the election referred to in paragraph (1)(a), (b) or (c) and to make no new election under article 84A, 84B or 84C in respect of the service purchased during the limited period in accordance with article 65A or the service purchased during the extended limited period in accordance with article 65B; or

(c) the member may made a new election under article 84A, 84B or 84C in respect of both the service purchased during the limited period in accordance with article 65A and the service purchased during the extended limited period in accordance with article 65B.

(3) Article 84E (revocation of conversion election made during limited period) applies in respect of a decision to revoke under paragraph (2)(b).

(4) Any new election made under paragraph (2)(c)—

(a) is to be made in accordance with article 84A, 84B or 84C;

(b) must be made at the same time as the election to purchase service during the extended limited period; and

(c) must be made in respect of both the service purchased during the limited period and the service purchased during the extended limited period, so that all of the service is converted to service as a special member or as a standard member or treated as special pensionable service.

(5) Where a new election is made under paragraph (2)(c), the election made under article 84A(5), 84B(5) or 84C(5) during the limited period is revoked, and the revocation takes effect on the day that the new election is made.

Revocation of conversion election made during limited period

84E.— (1) A member to whom article 84D applies may apply in writing to the Board for a new statement under article 84A, 84B or 84C, as the case may be.

(2) Any application under paragraph (1) must be made at the same time as an application under article 65B(9) (purchase of service during the extended period).

(3) At the same time as the Board give the notice under article 65B(13), the Board must provide a statement referred to in article 84A(3), 84B(4) or 84C(4), as the case may be.

(4) Where the applicant elects to revoke the previous election decision, the election must be made at the same time as the election to purchase service during the extended limited period under article 66A and may not be made at any other time.

(5) An election under paragraph (4) must be made by giving written notice to the Board and takes effect on the date on which the notice is received by the Board.”.

Commencement Information

I1 Sch. para. 7 in operation at 31.10.2023, see reg. 1