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

CHAPTER 3 N.I. TRANSFERS INTO THE SCHEME

Applications for acceptance of transfer value payment from another scheme N.I.

78.—(1) Subject to the provisions of this Part, a firefighter member may apply for a transfer value payment in respect of some or all of the rights that have accrued to or in respect of him under—

(a) another occupational pension scheme registered under Chapter 2 of Part 4 of the Finance Act 2004;

(b) an arrangement that is a qualifying recognised overseas pension scheme for the purposes of that Part(1); or

(c) a personal pension scheme,

to be accepted by the Board for the purposes of this Scheme.

(2) Paragraph (1) does not apply to rights that are directly referable to a pension credit.

(3) Paragraph (1) does not apply if the member is on unpaid absence that does not count as pensionable service.

Commencement Information

I1 ANNEX Scheme art. 78 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Procedure for applications under article 78 N.I.

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 [F1 paragraphs (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

F1 Words 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)

F2 Words 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)

F3 Words 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)

F4 Annex 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)

Commencement Information

I2 ANNEX Scheme art. 79 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Acceptance of transfer value payments N.I.

80.—(1) Subject to paragraph (3) and paragraphs (2) and (3) of article 56 (reckoning of pensionable service), where an application is duly made by a member under article 78, the Board may accept the transfer value payment.

(2) If the Board accepts the payment, the member is entitled to count the period calculated in accordance with article 81 as pensionable service for the purposes of this Scheme.

(3) The Board may not accept a transfer value payment if—

F5 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) it would be applied in whole or in part in respect of the member’s or the member’s spouse’s or civil partner’s entitlement to a guaranteed minimum pension; and

(c) it is less than the amount required for that purpose, as calculated in accordance with guidance and tables prepared by the Scheme Actuary for the purposes of this paragraph.

Textual Amendments

F5 Annex Scheme Pt. 12 art. 80(3)(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(c)

Commencement Information

I3 ANNEX Scheme art. 80 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Calculation of transferred-in pensionable service N.I.

81.—(1) Subject to paragraph (3), the period of pensionable service that a member is entitled to count under article 80(2) shall be calculated as at the date on which the transfer value payment is received by the Board and in accordance with guidance and tables provided by the Scheme Actuary for the purpose.

(2) For the purposes of that calculation, the member’s pensionable earnings are to be taken to be the amount of those earnings as at—

(a) two months after the application under article 78 is received; or

(b) the date on which the transfer value payment is received,

whichever is the later; and, in a case where the transfer value payment is received earlier than two months after that application is received, any necessary adjustment shall be made to that calculation to reflect any change in the amount of those earnings.

(3) If the transfer payment is accepted under public sector transfer arrangements, the period that the member is entitled to count shall be calculated—

(a) subject to paragraph (4), in accordance with those arrangements; and

(b) by reference to the guidance and tables provided by the Scheme Actuary for the purposes of this paragraph, that are in use on the date that is used by the transferring scheme for calculating the transfer value payment.

(4) If the period that the member would be entitled to count would be greater if the transfer value payment were accepted otherwise than under public sector transfer arrangements—

(a) those arrangements shall not apply to the extent that they provide for the calculation of the period, and

(b) paragraph (1) shall apply instead.

Commencement Information

I4 ANNEX Scheme art. 81 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

(1)

See section 169(2) of the Finance Act 2004 (c.12).