The Firefighters' Pension Scheme Regulations (Northern Ireland) 2015 No. 78

SCHEDULES

SCHEDULE 2 N.I. Transitional provisions

[F1 PART 3A N.I. Payment of ill-health benefits to transition members

Textual Amendments

F1 Sch. 2 Pts. 3A-3D inserted (retrospective to 1.4.2015) by The Firefighters Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/420), reg. 1(2), Sch. 1 para. 7(d)

Transition member who has not reached normal pension age under the NFPS N.I.

22.— (1) This paragraph applies in relation to a transition member with continuity of service who—

(a) is a connected member of the NFPS or a connected special member of the NFPS;

(b) becomes entitled to an ill-health award under this scheme in relation to relevant scheme employment; and

(c) who has not reached normal pension age under the NFPS.

(2) If this paragraph applies—

(a) neither a lower tier ill-health pension nor a higher tier ill-health pension are payable under article 12 (award on ill-health retirement) of the NFPS; and

(b) an ill-health award is payable under this scheme in accordance with this paragraph.

(3) If the member meets the conditions only for a lower tier ill-health pension under this scheme the annual rate of a lower tier ill-health pension payable under this scheme is the sum of—

(a) the annual rate of a lower tier ill-health pension payable under this scheme; and

(b) an amount payable under regulation 73(4) (entitlement to lower tier ill-health pension and to higher tier ill-health pension).

(4) Where the member meets the conditions for a higher tier ill-health pension under this scheme, the adjusted lower tier ill-health pension in regulation 74(4) (annual rate of ill-health awards) includes the amount in sub-paragraph (3)(b) for the purposes of the calculation of the annual rate of the higher tier ill-health pension.

(5) If, after an ill-health award becomes payable under this scheme, a transfer value payment is made under Chapter 2 (transfers out of the Scheme) of Part 12 (transfers into and out of the Scheme) of the NFPS in respect of the member’s rights under that Scheme and the transfer relates to a period of service included as qualifying service in relation to the member’s retirement account, the scheme manager must deduct from the ill-health award the amount in respect of service in the NFPS which is equal to the value represented by that transfer value payment.

(6) In this paragraph—

“relevant scheme employment” means the continuous period of pensionable service in scheme employment in relation to the active member’s account to which the qualifying service for that connected member of the NFPS, or connected special member of the NFPS, was added for the purposes of regulation 66 (qualifying service).

Transition member who reaches normal pension age under the NFPS N.I.

23.— (1) This paragraph applies in relation to a transition member with continuity of service who is receiving payment of an ill-health award in accordance with paragraph 22.

(2) When the member reaches normal pension age under the NFPS—

(a) the equivalent amount to the NFPS lower tier ill-health pension specified under regulation 68(2)(ba) (annual rate of retirement pension (active members)) ceases to be payable under this scheme; and

(b) the member becomes entitled under the NFPS to the immediate payment of a continued pension of a sum equal to the annual rate of the equivalent amount to the NFPS lower tier ill-health pension payable immediately the day before the member reaches normal pension age.

Transition member who has not reached normal pension age under the FPS N.I.

24.— (1) This paragraph applies in relation to a transition member who—

(a) was in pensionable service in the FPS until the day before the transition date; and

(b) has continued in pensionable service in relevant scheme employment, or has been treated as an active member of this scheme in relation to that employment, until that member became entitled to an ill-health award under this scheme; and

(c) has not reached normal pension age under the FPS or the age at which the conditions of article 13 (ordinary pension) as modified by article 13A (continuous service pension) of that Scheme are satisfied.

(2) If this paragraph applies—

(a) neither a lower tier ill-health pension nor a higher tier ill-health pension are payable under article 15 (ill health award) of the FPS; and

(b) an ill-health award is payable from this scheme.

(3) If the member meets the conditions only for a lower tier ill-health pension under this scheme, the annual rate of a lower tier ill-health pension payable under this scheme is the sum of—

(a) the annual rate of a lower tier ill-health pension payable under this scheme; and

(b) an amount payable under regulation 73(4) (entitlement to lower tier ill-health pension and to higher tier ill-health pension).

(4) If the member meets the conditions for a higher tier ill-health pension under this scheme, the adjusted lower tier ill-health pension in regulation 74(4) (annual rate of ill-health awards) includes the amount in sub-paragraph (3)(b) for the purposes of the calculation of the annual rate of the higher tier ill-health pension.

(5) If, after an ill-health award becomes payable under this scheme, a transfer value payment is made under article 55 (payment of transfer value) of the FPS in respect of the member’s rights under that Scheme and the transfer relates to a period of service included as qualifying service in relation to the member’s retirement account, the scheme manager must deduct from the amount of the ill-health award an amount in respect of service in the FPS which is equal to the value represented by that transfer value payment.

(6) In this paragraph—

“relevant scheme employment” means the continuous period of pensionable service in scheme employment in relation to the active member’s account to which the pensionable service in the FPS was added for the purposes of regulation 66 (qualifying service).

Transition member who reaches normal pension age under the FPS N.I.

25.— (1) This paragraph applies in relation to a transition member who is receiving the payment of an ill-health award in accordance with paragraph 24.

(2) When the member reaches normal pension age under the FPS or the age for retirement ascertained under article 13A(3)(a) of that Scheme—

(a) the member ceases to be entitled to the immediate payment of the equivalent amount to the FPS lower tier ill-health pension under regulation 73(4)(b) (entitlement to lower tier ill-health pension and higher tier ill-health pension) under this scheme; and

(b) the member becomes entitled under the FPS to the immediate payment of a continued pension of a sum equal to the annual rate of the equivalent amount of the FPS lower tier ill-health pension payable immediately before the date on which the member reaches normal pension age or the age for retirement ascertained under article 13A(3)(a) of the FPS.]