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

1. Introductory Text

2. 1. Citation commencement and effect

3. 2. (1) This Order shall come into operation on 30th March...

4. 3. New pension scheme for firefighters in Northern Ireland

5. 4. 2007 scheme ceasing to have effect, with savings

6. 5. Continuation of schemes for retained firefighters

7. Signature

8. 1. ANNEX

      THE NEW FIREFIGHTERS’ PENSION SCHEME (NORTHERN IRELAND)

      1. PART 1 CITATION AND INTERPRETATION

         1. 1. Citation

         2. 2. Interpretation

         3. 3. Disablement

      2. PART 2 SCHEME MEMBERSHIP, CESSATION AND RETIREMENT

         1. 4. Scheme membership

         2. 5. Eligibility conditions

         3. 6. Normal retirement age and normal benefit age

         4. 7. Last day of membership

         5. 8. Election not to make pension contributions

         6. 9. Rejoining the Scheme

         7. 10. Scheme Cessation

      3. PART 3 PERSONAL AWARDS

         1. 11. Ordinary pension

         2. 12. Award on ill-health retirement

         3. 13. Deferred pension

         4. 14. Cancellation of deferred pension

         5. 15. Pension on member-initiated early retirement

         6. 16. Pension on Board-initiated early retirement

         7. 17. Entitlement to two pensions

         8. 18. Refund of aggregate pension contributions

         9. 19. Commutation: general

         10. 20. Commutation: small pensions

         11. 21. Allocation of pension

         12. 22. Pension debit members

      4. PART 4 SURVIVORS’ PENSIONS

         1. CHAPTER 1 SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS

            1. 23. Pensions for surviving spouses, civil partners and nominated partners

            2. 24. Amount of survivor’s pension: general

            3. 25. Amount of survivor’s pension: special cases

            4. 26. Bereavement pension: survivors

            5. 27. (1) A pension payable under this Chapter may, if the...

         2. CHAPTER 2 CHILDREN’S PENSIONS

            1. 28. Child’s pension

            2. 29. Child’s pension: limitations and duration

            3. 30. Amount of child’s pension

            4. 31. Bereavement pension: children

            5. 32. Pension for child where no survivor’s pension paid

            6. 33. Child’s pension in respect of pension debit member

            7. 34. Commutation of child’s pension

      5. PART 5 AWARDS ON DEATH

         1. 35. Death grant

         2. 36. Post-retirement death grant

      6. PART 6 PENSION SHARING ON DIVORCE

         1. 37. Pension credit member’s entitlement to pension

         2. 38. Commutation of whole of pension credit benefits

         3. 39. Commutation of part of pension credit benefits

         4. 40. Application of general rules

         5. 41. Post-retirement death grant: pension credit members

      7. PART 7 RESERVISTS

         1. 42. Interpretation of Part

         2. 43. Continuity of employment

         3. 44. Awards on death or permanent disablement

         4. 45. Reservists who do not resume employment with the Board

      8. PART 8 DETERMINATION OF QUESTIONS AND APPEALS

         1. 46. Determinations and decisions of the Board

         2. 47. Appeal against opinion on a medical issue

         3. 48. Appeals on other issues

      9. PART 9 REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS

         1. 49. Review of ill-health pension

         2. 50. Consequences of review

         3. 51. Reduction of award in case of default

         4. 52. Withdrawal of pension during service as firefighter

         5. 53. Withdrawal of early payment of deferred pension

         6. 54. Withdrawal of pension on conviction of certain offences

      10. PART 10 QUALIFYING SERVICE AND PENSIONABLE SERVICE

          1. 55. Qualifying service

          2. 56. Reckoning of pensionable service

          3. 57. Non-reckonable service

          4. 58. Reckoning of unpaid period of absence

          5. 59. Reckoning of maternity, paternity and adoption leave, etc

          6. 60. Calculation of pensionable service

      11. PART 11 PENSIONABLE PAY, PENSION CONTRIBUTIONS AND PURCHASE OF ADDITIONAL SERVICE

          1. CHAPTER 1 PENSIONABLE PAY AND PENSION CONTRIBUTIONS

             1. 61. Pensionable pay

             2. 62. Final pensionable pay

             3. 63. Pension contributions

             4. 64. Optional pension contributions during maternity and adoption leave

          2. CHAPTER 2 PURCHASE OF ADDITIONAL SERVICE

             1. 65. Purchase of additional service

             2. 66. Election to purchase additional service

             3. 67. Duration of periodical contributions and premature cessation

             4. 68. Discontinuance and resumption of periodical contributions

             5. 69. Periodical contributions in respect of periods of unpaid service or absence

             6. 70. Effect of purchasing additional service by lump sum payment

      12. PART 12 TRANSFERS INTO AND OUT OF THE SCHEME

          1. CHAPTER 1 INTERPRETATION OF PART 12 AND ENTITLEMENT TO TRANSFER VALUE PAYMENT

             1. 71. Interpretation of Part 12

             2. 72. Entitlement to transfer value payment

          2. CHAPTER 2 TRANSFERS OUT OF THE SCHEME

             1. 73. Applications for statements of entitlement

             2. 74. Applications for transfer value payments

             3. 75. Ways in which transfer value payments may be applied

             4. 76. Calculating amounts of transfer value payments

             5. 77. Effect of transfers-out

          3. CHAPTER 3 TRANSFERS INTO THE SCHEME

             1. 78. Applications for acceptance of transfer value payment from another scheme

             2. 79. Procedure for applications under article 78

             3. 80. Acceptance of transfer value payments

             4. 81. Calculation of transferred-in pensionable service

          4. CHAPTER 4 MIS-SOLD PENSIONS AND RESTITUTION PAYMENTS

             1. 82. Interpretation of Chapter 4

             2. 83. Mis-sold pensions

             3. 84. Calculation of amount of restitution payment

      13. PART 13 FIREFIGHTERS’ PENSION FUND

          1. 85. Firefighters’ Pension Fund: payments, receipts and transfers

          2. 86. Payments and transfers into Firefighters’ Pension Fund

          3. 87. Transfers from Firefighters’ Pension Fund

          4. 88. Excess amounts: information

          5. 89. Excess amounts: estimated deficits

          6. 90. Excess amounts – estimated surpluses

          7. 91. Excess amounts – actual deficits

          8. 92. Excess amounts – actual surpluses

          9. 93. Duty to provide information

          10. 94. Duty to have regard to guidance

      14. PART 14 PAYMENT OF AWARDS

          1. 95. Deduction of tax and lifetime allowance charge

          2. 96. Payment of awards

          3. 97. Pensions under more than one contract

          4. 98. Payments for minors and persons incapable of managing their affairs

          5. 99. Payment of awards; further supplementary provision

      15. PART 15 MISCELLANEOUS PROVISIONS

          1. 100. Guaranteed minimum pensions, etc.

          2. 101. Survivors’ guaranteed minimum pensions

          3. 102. Information for the Board

          4. 103. Annual benefit statements

          5. 104. Death of retained or volunteer firefighter before New Firefighters’ Pension Scheme (Northern Ireland) Order 2007 in operation

          6. 105. Death on or before 31st March 2007 of retained or volunteer firefighter employed before 6th April 2006

   2. SCHEDULE 1

      ILL–HEALTH PENSIONS

      1. 1. (1) Except in a case to which sub-paragraph (2) applies,...

      2. 2. The annual amount of the higher tier ill–health pension of...

      3. 3. The annual amount of the higher tier ill–health pension of...

   3. SCHEDULE 2

      APPEAL TO INDEPENDENT MEDICAL REFEREE

      1. 4. (1) Subject to sub-paragraph (2), written notice of appeal against...

      2. 5. (1) On receiving a notice of appeal the Board shall...

      3. 6. The independent medical referee shall secure that the appellant and...

      4. 7. (1) Subject to sub-paragraph (4), the independent medical referee—

      5. 8. (1) Where either party to the appeal intends to submit...

      6. 9. The independent medical referee shall supply the Department with a...

      7. 10. (1) There shall be paid to the independent medical referee—...

      8. 11. (1) Subject to paragraph 5(3) and sub-paragraphs (2) to (6),...

      9. 12. Any notice, information or document which an appellant is entitled...

   4. SCHEDULE 3

      TRANSITIONAL ARRANGEMENTS

      1. 13. Regular firefighters who became members of the 2007 scheme on or after 6th April 2006

      2. 14. Options for pre-6th April 2006 members of the 2007 Scheme

      3. 15. Calculation of transferred-in pensionable service

9. Explanatory Note