[F1Converting membership from standard membership to special membershipN.I.
84B.—(1) This article applies—
(a)to a person who is entitled to join this Scheme as a special firefighter member and who is a standard member of this Scheme;
(b)in respect of pensionable service which he would be entitled to treat as special pensionable service.
(2) A person to whom this article applies may apply to the Board for a statement of the amount of service he would be entitled to treat as special pensionable service if he converted his standard membership to special membership and the amount of the payments required by sub-paragraphs (b) and (c) of paragraph (5).
(3) An application under paragraph (2) shall be made in writing at the same time as an application under article 65A(5) (purchase of service during the limited period) of Part 11.
(4) At the same time as the Board gives the notice under article 65A(13) of Part 11, the Board shall provide—
(a)a statement of the amount of service to be treated as special pensionable service if the applicant were to elect to convert his accrued rights as a standard member to his special membership;
(b)a statement of the amount of the payments required by paragraph (5).
(5) Where the member elects to transfer his accrued rights as a standard member of this Scheme to his special membership—
(a)he may only make his election at the same time as he makes his election to pay mandatory special period pension contributions under article 66A of Part 11;
(b)he shall pay an amount representing the difference between the pension contribution under article 63(1) of Part 11 which he has paid as a standard member and the pension contribution required to be paid as a special member under paragraph (1A) of that article;
(c)he shall pay interest on the amount payable under sub-paragraph (b) in accordance with paragraph (13);
(d)he shall pay those amounts in the same manner in which he chooses to pay mandatory special period pension contributions under article 66A of Part 11.
(6) When the payments required by paragraph (5) have been paid, and subject to paragraph (7), the member’s pensionable service as a standard member shall be converted to special pensionable service.
(7) Where a member’s pensionable service includes a period (“the transferred in period”) which the member is entitled to count as pensionable service in accordance with articles 80 and 81 of this Part, the transferred in period shall be converted to special pensionable service in accordance with guidance and tables provided by the Scheme Actuary for the purposes of this paragraph.
(8) Subject to paragraph (9), where article 66A(3) (election to purchase service during the limited period) of Part 11 applies, and the member does not within the period specified in that paragraph pay a lump sum equivalent to the balance of the payment referred to in paragraph (5)(b), ascertained in accordance with tables provided by the Scheme Actuary, the period of service as a standard member converted to special pensionable service shall be treated as if it were the period ascertained in accordance with the formula—
where—
A is the period of service as a standard member which he elected to convert,
B is the period of that service in respect of which the payment referred to in paragraph (5)(b) has been paid, and
C is the period of that service in respect of which the payment referred to in paragraph (5)(b) would have been paid in accordance with his election.
(9) Where the special member dies before the payment referred to in paragraph (5)(b) has been made in full, it shall be treated as having been made in full and the period of service as a standard member which he had elected to convert shall be special pensionable service.
(10) This paragraph applies where a special member’s pensionable service as a standard member has been converted to special pensionable service in accordance with this article and—
(a)where the member is required to make the payment referred to in paragraph (5)(b) by lump sum, the lump sum has not been paid within six months of his election under paragraph (5) or such longer period as the Board may notify in writing to the person; or
(b)where the member is required to make the payment by periodic contribution, three or more consecutive periodic contributions have not been paid and the amount remains outstanding.
(11) Where paragraph (10) applies in the circumstances referred to in paragraph (10)(a)—
(a)the election to convert shall be treated as having been revoked; and
(b)any contributions that the member has paid shall be credited against the mandatory special period pension contributions payable by the member.
(12) Where paragraph (10) applies in the circumstances referred to in paragraph (10)(b)—
(a)the Board shall, by written notice, require the member to pay the outstanding amount within a period of 28 days beginning with the date the notice is served on the member, and to resume the periodical contributions;
(b)if payment of the outstanding amount is not made within that period, or if a subsequent periodic contribution is not made within 28 days of it being due, the election to convert shall be treated as revoked; and
(c)any contributions that the member has paid shall be credited against the mandatory special period pension contributions payable by the member.
(13) Interest on the amount referred to in paragraph (5)(b) (“the relevant amount”) is calculated as follows—
(a)for the purposes of this paragraph, it shall be assumed that the pension contributions due under article 63(1A) of Part 11 (pension contributions) were payable at the same time as the contributions which the member paid under article 63(1) of that Part;
(b)interest starts to accrue on the relevant amount from the beginning of the period of pensionable service which is to be treated as special pensionable service in accordance with this article and ceases to accrue on the calculation date;
(c)where the relevant amount is to be paid by lump sum, interest shall be calculated by applying the past interest rate to that amount compounded monthly between the month each contribution under article 63(1A) of Part 11 would have been made in accordance with sub-paragraph (a) until the calculation date;
(d)where the relevant amount is to be paid by periodic contribution—
(i)interest shall be calculated as for a lump sum payment under sub-paragraph (c);
(ii)the amount of interest payable shall then be adjusted in accordance with tables provided by the Scheme Actuary so as to allow for interest at the future interest rate in relation to the period from the calculation date to the date that the contribution is paid, so as to discharge liability over a period of ten years;
(e)for the purpose of this article—
“calculation date” means—
in the case of a lump sum contribution, the date when the lump sum is paid; and
in the case of payment of the relevant amount by periodic contribution, the date when the member joined this Scheme as a special member;
“future interest rate” is a rate equivalent to 1.5% plus the FTSE Actuaries UK Gilt 10 years yield index less the average of the FTSE Actuaries UK Index-linked Gilt 5 to 15 years index with assumed inflation rates of 0% and 5%;
“past interest rate” is a rate equivalent to the interest available on the most recent issue of five-year fixed interest savings certificates from National Savings and Investments available on the 15th day of each month which would have been applicable to the period in question.
(14) An election under paragraph (5) shall be made by giving written notice to the Board and shall take effect on the day on which the notice is received by the Board.]
Textual Amendments
F1Pt. 12 Ch. 5 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(10)