The Firefighters' Pension Scheme Regulations (Northern Ireland) 2015

[F1Final salary of certain transition members for any purposes of the FPSN.I.

This section has no associated Explanatory Memorandum

33.—(1) This paragraph applies in relation to a transition member (T) with continuity of service who is in pensionable service under this scheme and is a member of the FPS.

(2) Subject to sub-paragraphs (3) to (5), in determining T’s average pensionable pay for any purposes of the FPS under Schedule 7 to the 2014 Act (final salary link)—

(a)the provisions of paragraph 1 of that Schedule apply as if “final salary” were a reference to “average pensionable pay”, and

(b)pensionable pay derived from service under this scheme is to be regarded as derived from service under the FPS.

(3) Where T’s pensionable pay derived from service under this scheme at the time when T’s average pensionable pay is determined for any purposes of the FPS under Schedule 7 to the 2014 Act (final salary link) is lower than T’s pensionable pay derived from service under the FPS on the day before the transition date—

(a)paragraph (2) does not apply, and

(b)T’s average pensionable pay is determined in accordance with article 56 (pensionable pay and average pensionable pay) of the FPS.

(4) Where T’s pensionable pay derived from service under this scheme at the time when T’s average pensionable pay is determined for any purposes of the FPS under Schedule 7 to the 2014 Act (final salary link) is lower than the pensionable pay for any year after the transition date, the pensionable pay for the year of service before the reduction in pensionable pay is to be regarded for the purposes of Schedule 7 as the pensionable pay derived from service under the FPS.

(5) The definition of pensionable pay derived from service under this scheme in regulation 26 is modified for the purposes of sub-paragraphs (2) and (4) by the omission of paragraph (1)(d) of that regulation and in a case where the member of the FPS is being paid an allowance or supplement within the meaning of paragraph (12) of article 56 (pensionable pay and average pensionable pay) which the employer would have treated as pensionable pay under that Scheme were the member still entitled to reckon pensionable service in that Scheme, that amount is included in pensionable pay for the purposes of determining T’s average pensionable pay under the FPS.]

Textual Amendments