The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

Election not to pay pension contributions N.I.

59.—(1) Subject to paragraph (11), a regular firefighter may at any time, by giving written notice to the Board, elect that article 57 is not to apply in his case.

(2) Subject to paragraphs (3) and (4), an election under paragraph (1) takes effect on the first date after the notice is received on which an instalment of pay falls due.

(3) In the case of a person who has given notice under paragraph (1) within 3 months after the date on which he last became a regular firefighter (“the material date”), the election shall be treated as having taken effect on the material date.

(4) Where—

(a) a person gives notice under paragraph (1) within 3 months of taking up employment as a regular firefighter; and

(b) no transfer of pension rights from another pension scheme has been made in respect of him,

the election shall be treated as given on his first day of employment and the Board shall repay the pension contributions made by him.

(5) Where an election is to be treated as having taken effect on the material date—

(a) the Board shall repay the person the pension contributions paid by him since that date; and

(b) for the purposes of articles 28 and 29 pension contributions shall be taken not to have been payable by him at any time.

(6) Where aggregate pension contributions are repaid under paragraph (4), the Board shall transfer from its Firefighters’ Pension Fund to any other fund maintained by it an amount equal to the aggregate of the amounts that it has paid by way of employer’s contributions under article 57(4) in respect of the firefighter concerned.

(7) Subject to paragraphs (8) and (9), a person who has made an election under paragraph (1) may cancel it by giving written notice to the Board.

(8) Except in the case of a person to whom article 51 applies, a notice under paragraph (7) must be given no later than his 45^th birthday.

(9) Except in the case of a person to whom article 51 applies, the Board may resolve that a person’s election may not be cancelled unless he has undergone a medical examination, at his own expense, and satisfied it as to his good health.

(10) Where an election is cancelled it ceases to have effect on the first date after the notice is received on which an instalment to pay falls due.

(11) A person who has cancelled an election made under paragraph (1) may not make a further election under that paragraph during the same period of service as a regular firefighter.

(12) References in this Scheme to any period during which an election under this article not to pay pension contributions had effect shall not include any period in respect of which a transfer value or lump sum has been paid under article 51.

Commencement Information

I1 ANNEX Scheme Pt. G art. 59 in operation at 1.4.2006, see art. 1(2)