The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

Citation commencement and effect

1.—(1) This Order may be cited as the New Firefighter’s Pension Scheme Order (Northern Ireland) 2007.

2.—(1) This Order shall come into operation on 30th March 2007, but shall have effect from 6th April 2006.

New pension scheme for firefighters in Northern Ireland

3.  The New Firefighters’ Pension Scheme (Northern Ireland), set out in the Annex, which makes provision for the payment of pensions and lump sums to and in respect of persons who are or have been employed by the Board of the Northern Ireland Fire and Rescue Service (“the Board”) as firefighters (including persons who die while so employed), shall have effect.

2007 scheme ceasing to have effect, with savings

4.—(1) Subject to paragraphs (2) and (3), the Firefighters’ Pension Scheme set out in the Annex to the Firefighter’s Pension Scheme Order 2007(1) (“the 2007 scheme”) shall not have effect in relation to a person who takes up employment with the Board on or after 6th April 2006.

(2) Paragraph (1) shall not apply to a person who—

(a) transfers to the employment of the Board from employment with a fire and rescue authority in England, Scotland or Wales; and

(b) immediately before 6th April 2006, was a member of the firefighters’ pension scheme established by the authority from whose employment he transfers.

(3) Where at any time in the period beginning on 6th April 2006 and ending on the date on which this Order comes into operation, a person becomes a member of the 2007 scheme on taking up employment with the Board—

(a) on the date on which this Order comes into operation—

(i) the 2007 scheme shall cease to have effect in relation to him, subject to the provisions set out in Schedule 3 (transitional arrangements); and

(ii) the provisions of the New Firefighters’ Pension Scheme (Northern Ireland) shall have effect in relation to him; and

(b) pensionable service that was reckonable service for the purposes of the 2007 scheme shall be treated as pensionable service reckonable under the New Firefighters’ Pension Scheme (Northern Ireland).

(4) The 2007 scheme shall continue to have effect in relation to a person who, immediately before 6th April 2006, was a member of it or was entitled to, or in receipt, of an award paid under it.

Continuation of schemes for retained firefighters

5.—(1) Where, immediately before the date on which this Order comes into operation, the Board maintains a scheme for the payment of pensions to and in respect of retained firefighters (“the retained scheme”).

(2) Subject to paragraph (3), the Board may continue to maintain the retained scheme on and after the date on which this Order comes into operation, for the benefit of persons who were members of that scheme before 6th April 2006, as if it were a scheme established under the Fire and Rescue Services (Northern Ireland) Order 2006.

(3) The Board must not—

(a) in respect of a retained firefighter who becomes a member of the New Firefighters’ Pension Scheme (Northern Ireland), make any contribution to the retained scheme on or after the date on which the firefighter’s membership of that Scheme commences; or

(b) use its Firefighters’ Pension Fund(2) for the making of employer’s contributions to the scheme.

(4) In paragraph (1) “retained firefighter” means a person employed by the Board—

(a) as a firefighter, but not as a regular firefighter;

(b) on terms under which he is, or may be, required to engage in firefighting 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;

(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; and

(e) who is paid for the performance of his duties.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 22nd March 2007

Nigel Carson

A senior officer of the Department of

Health, Social Services and Public Safety

The Department of Finance and Personnel approves this Order.

Sealed with the Official Seal of the Department of Finance and Personnel on 22nd March 2007

Dr Mary McIvor

A senior officer of the Department

of Finance and Personnel