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

Scheme membership N.I.

4.—(1) Subject to paragraph (2), a person of any of the following descriptions is a firefighter member of this Scheme—

(a) a person who, on or after 6th April 2006, takes up employment with the Board as a firefighter, and whose role on taking up that employment includes—

(i) resolving operational incidents; or

(ii) leading and supporting others in the resolution of operational incidents; or

(b) a person who—

(i) having taken up employment as a firefighter before 6th April 2006 [F1 and] ;

(ii) having continued in such employment until the date of his election; F2 ...

F3 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

elects to become a member of this Scheme; and

(c) a person to whom article 4(3) of the Firefighters’ Pension Scheme (Northern Ireland) Order 2007 refers (persons taking up employment on or after 6th April 2006 and before that Order comes into operation).

(2) A person may not be a firefighter member of this Scheme if he makes a contributions election (but he may again become a firefighter member by virtue of [F4 article 9] .

[F5 (2A) Where a person who—

(a) having taken up employment as a firefighter before 6th April 2006;

(b) having continued in such employment until his automatic enrolment date;

(c) having made an election not to pay pension contributions under the Firefighters’ Pension Scheme Order (Northern Ireland) 2007 or not being eligible to be a member of the Firefighters’s Pension Scheme Order (Northern Ireland) 2007; and

(d) having not otherwise elected to become a member of this Scheme,

is automatically enrolled in this Scheme, that enrolment shall constitute an election to become a firefighter member of this Scheme.]

(3) A person is a deferred member of this Scheme if he is entitled to a deferred pension under article 13.

(4) A person is a pensioner member of the Scheme if he is in receipt of a pension or any other benefits under the Scheme in respect of his pensionable service or by any reason of service credited to the Scheme under Part 12.

(5) A person is a dependant member of this Scheme if he is—

(a) the spouse or civil partner of a deceased firefighter member [F6 , deferred member or pensioner member] ;

(b) the nominated partner of a deceased firefighter member[F6 , deferred member or pensioner member];

(c) a pension credit member in relation to a firefighter member[F6 , deferred member or pensioner member];

(d) the child of a person who is a member of the Scheme by virtue of sub-paragraph (a) or (b), whose dependency on that person satisfies the conditions specified in paragraph 15(2) and (3) of Schedule 28 to the Finance Act 2004; or

(e) is in receipt of a portion of the firefighter’s pension allocated under article 21.

[F7 (6) For the purposes of paragraph (5), a firefighter member, deferred member or pensioner member (referred to in this paragraph as “the scheme member”) may nominate a person (a “nominated partner”) who—

(a) has been living with the scheme member, otherwise than as his spouse or civil partner; and

(b) at the date on which the question of the nominated partner’s status in relation to the scheme member falls to be considered—

(i) is not the spouse or civil partner of any other person,

(ii) is registered with the scheme administrator as the scheme member’s nominated partner,

(iii) is financially dependent on the scheme member, or is, with the scheme member, in a state of mutual financial dependency, and

(iv) is in a long-term relationship with the scheme member,

but this is subject to paragraph (8).]

(7) In paragraph (6)—

(a) “long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for [F8 a period of at least two years] ending with the date on which the question of the person’s status in relation to the firefighter member [F9 , deferred member or pensioner members] falls to be considered, or such shorter period as the Board may in any particular case think fit; and

(b) “scheme administrator” has the meaning given by section 270 of the Finance Act 2004(1).

(8) A firefighter member [F10 , deferred member or pensioner member] may not make a nomination for the purposes of this Scheme if he is prohibited by law from marrying or, as the case may be, becoming the civil partner of the person he wishes to nominate.

(9) A nomination ceases to have effect if the firefighter member or the person nominated marries or enters into a civil partnership (whether with each other or with another person).

Textual Amendments

F1 Words in Annex Scheme Pt. 2 art. 4(1)(b)(i) added (with effect in accordance with art. 1(3) of the amending Rule) by The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 2(a)(i)

F2 Word in Annex Scheme Pt. 2 art. 4(1)(b)(iii) omitted (with effect in accordance with art. 1(3) of the amending Rule) by virtue of The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 2(a)(ii)

F3 Annex Scheme Pt. 2 art. 4(1)(b)(iii) omitted (with effect in accordance with art. 1(3) of the amending Rule) by virtue of The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 2(a)(ii)

F4 Words in Annex Scheme Pt. 2 art. 4(2) substituted (1.10.2013) by The New Firefighters’ Pension Scheme (Amendment) (No. 2) Order (Northern Ireland) 2013 (S.R. 2013/172), art. 1, Sch. para. 2(a)(i)

F5 Annex Scheme Pt. 2 art. 4(2A) substituted (retrospective to 1.10.2013) by The New Firefighters’ Pension Scheme (Amendment) (No. 2) Order (Northern Ireland) 2014 (S.R. 2014/168), art. 1(3), Sch. para. 1(a)

F6 Words in Annex Scheme Pt. 2 art. 4(5)(a)-(c) added (with effect in accordance with art. 1(3) of the amending Rule) by The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 2(b)

F7 Annex Scheme Pt. 2 art. 4(6) substituted (with effect in accordance with art. 1(3) of the amending Rule) by The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 2(c)

F8 Words in Annex Scheme Pt. 2 art. 4(7) substituted (with effect in accordance with art. 1(3) of the amending Rule) by The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 2(d)(i)

F9 Words in Annex Scheme Pt. 2 art. 4(7) inserted (with effect in accordance with art. 1(3) of the amending Rule) by The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 2(d)(ii)

F10 Words in Annex Scheme Pt. 2 art. 4(8) inserted (with effect in accordance with art. 1(3) of the amending Rule) by The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 2(e)

Commencement Information

I1 ANNEX Scheme art. 4 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

(1)

2004 c.12. See also Schedule 36 to the Finance Act 2004, amended by the Finance Act 2005 (c.7). Schedule 10, paragraph 1.