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79.—(1) An application under article 78—
(a)must be made in writing;
(b)must specify the scheme or arrangement from which the transfer value payment is to be made and the anticipated amount of the payment; and
(c)subject to [F1paragraphs (2) to (4)] , must be made—
(i)before the beginning of the period of one year ending with the date on which the member reaches normal retirement age; and
(ii)in the case of a transfer value payment from a non-occupational pension scheme, during the period of one year beginning with the day on which the member becomes eligible to be a firefighter member, or such longer period as the Board may allow.
(2) [F2“Subject to paragraph (4), in the case] of a transfer value payment to be made under public sector transfer arrangements, the application under article 78—
(a)must be made during the period of one year beginning with the day on which the member becomes eligible to be a firefighter memberF3...; and
(b)must be received by the Board before the applicant reaches the age which is the normal pension age under the scheme by which the transfer value payment is to be made.
[F4(3) Where the application under article 78 is made by a special firefighter member, who was not already a member of this Scheme when he elected to become a special firefighter member, sub-paragraph (c) of paragraph (1) and paragraph (2) shall not apply.
(4) In the case of a person referred to in paragraph (3) and in the case of a transfer value payment to be made under public sector transfer arrangements, the application under article 78 must be made by that person during the period of twelve months beginning with the day on which the Board gave the applicant the notice required by article 65A(13) of Part 11.]
Textual Amendments
F1Words in Annex Scheme art. 79(1)(c) substituted (retrospective and with effect in accordance with art. 1(3)(d) of the amending Rule) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(3)(d), Sch. para. 10(6)(a)
F2Words in Annex Scheme art. 79(2) substituted (retrospective and with effect in accordance with art. 1(3)(d) of the amending Rule) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(3)(d), Sch. para. 10(6)(b)
F3Words in Annex Scheme Pt. 12 art. 79(2)(a) 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. 10(b)
F4Annex Scheme art. 79(3)(4) added (retrospective and with effect in accordance with art. 1(3)(d) of the amending Rule) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(3)(d), Sch. para. 10(6)(c)
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