The Firefighters' Pension Scheme Regulations (Northern Ireland) 2015

[F1 PART 3C N.I. Transitional provisions relating to the NFPS and the FPS

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)

Pensionable service under the NFPS N.I.

31.— (1) This paragraph applies in relation to a transition member (T) who is a connected member of the NFPS, or a connected special member of the NFPS, and has continuity of service.

(2) The following provisions of Chapter 2 (purchase of additional service) of Part 11 (pensionable pay, pension contributions and purchase of additional service) of the NFPS continue to apply after the transition date as if T continued in pensionable service under that scheme—

(a) the provisions relating to the payment of periodical contributions for the purchase of additional service if T had made an election to purchase additional service under article 66 (election to purchase additional service) or if T returns to pensionable service as a firefighter after a period of unpaid service or absence and T elects to purchase additional service in respect of the period before the transition date under that article;

(b) the provisions relating to the payment of the mandatory special period pension contributions payable in respect of an election to purchase service during the limited period under article 66A (election to purchase service during the limited period).

(3) In determining whether T qualifies under the NFPS for retirement benefits (other than an award on ill-health retirement or a deferred pension), T’s pensionable service under the NFPS terminates when T’s pensionable service under this scheme terminates.

Final salary of certain transition members for any purposes of the NFPS N.I.

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

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

(a) the provisions of paragraph 1 or paragraph 2 of that Schedule apply as if “final salary” were a reference to “final pensionable pay”, and

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

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

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

(b) T’s final pensionable pay is determined in accordance with article 61 (pensionable pay) and article 62 (final pensionable pay) of Part 11 of the NFPS.

(4) Where T’s pensionable pay derived from service under this scheme at the time when T’s final pensionable pay is determined for any purposes of the NFPS 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 NFPS.

(5) The definition of pensionable pay derived from service under this scheme in regulation 26 (pensionable pay) 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 T is being paid an allowance or supplement within the meaning of paragraph (5A) of article 61 to Part 11 of the NFPS which the employer would have treated as pensionable under that Scheme were the member still a firefighter member of that Scheme, that amount is treated as included in pensionable pay for the purposes of determining T’s final pensionable pay under the NFPS.

Final salary of certain transition members for any purposes of the FPS N.I.

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.

Continuous pensionable service under the FPS N.I.

34.— (1) This paragraph applies to a transition member (T) who was in pensionable service under the FPS on the date before that member’s transition date and joined this scheme on the transition date, and has remained in pensionable service under this scheme until the date on which T qualifies under the FPS for an award under that Scheme.

(2) The requirement in paragraph (1) that T has remained in pensionable service under this scheme is satisfied where T has been or is treated as an active member of this scheme.

(3) In determining whether T qualifies under the FPS for retirement benefits (other than an award on ill-health retirement or to a deferred pension), T’s pensionable service under the FPS terminates when T’s pensionable service under this scheme terminates.

(4) For the purposes of calculating the pension under article 13A of the FPS and for the commutation under article 18 (commutation – general provision) of that Scheme, pensionable service under this scheme is reckonable under article 46 (current service) of that Scheme as 2015 pensionable service.

(5) Where T had elected to pay periodical contributions for increased benefits under article 62 (election to purchase increased benefits) of the FPS, these continue to be payable as if T continued in pensionable service under the FPS until T leaves pensionable service under the 2015 Scheme.

(6) If after the transition date T returns to work following a period of maternity or adoption leave and is entitled to elect to pay pension contributions under article 58 (optional pension contributions during maternity and adoption leave) of the FPS in respect of that period, the election may only be made in respect of the period before the transition date.

(7) Where this paragraph applies and T is entitled to an ordinary pension under article 13 (ordinary pension) of the FPS or a short service award under article 14 (short service award) of that Scheme, T’s ordinary pension, or short service award, as the case may be, is calculated in accordance with Part IIA of Schedule 2 of the FPS and Part I and Part II of Schedule 2 to that Scheme do not apply.

Deferred member of the FPS N.I.

35.   A transition member with accrued benefits in the FPS to whom paragraph 34 does not apply is a deferred member of the FPS.

Deferred member of the NFPS N.I.

36.— (1) A transition member with continuity of service (T), who is a connected member of the NFPS or a connected special member of the NFPS, does not become a deferred member of that Scheme unless T becomes a deferred member of this scheme 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.

(2) If T opts out of this scheme in relation to a scheme employment, or leaves scheme employment before being entitled to a pension in relation to that pensionable service, and T has at least 3 months’ qualifying service—

(a) T becomes a deferred member of the NFPS in relation to pensionable service under that scheme; and

(b) any periodical payments for additional service under the NFPS cease to be payable.

(3) If T re-enters pensionable service under this scheme after a gap in service not exceeding 5 years, T ceases to be a deferred member of the NFPS.

Scheme manager determines member of the NFPS is not entitled to an ill-health award N.I.

37.— (1) This paragraph applies if the Board has decided to obtain the written opinion of an IQMP concerning whether a member of the NFPS is permanently disabled, or able to undertake regular employment before making a determination as to whether a member is entitled to an ill-health award, and the determination has not been made before the member’s transition date.

(2) If this paragraph applies, the member joins this scheme on whichever is the latest of—

(a) the member’s transition date;

(b) if the member decides not to appeal, the expiry of 14 days beginning with the date on which the member received a copy of the IQMP’s opinion which the Board is required to supply under article 47 (appeal against opinion on a medical issue) of Part 8 of the NFPS.

(c) if the member withdraws the appeal, the date of the withdrawal of the appeal.

Scheme manager determines members of the FPS is not entitled to an ill-health award N.I.

38.— (1) This paragraph applies if the Board has decided to obtain the written opinion of an IQMP under article 65 (determination by the Board) of the FPS concerning whether a member of that Scheme is permanently disabled, or able to undertake regular employment before making a determination as to whether a member is entitled to an ill-health award, and the determination has not been made before the member’s transition date.

(2) If this paragraph applies, the member joins this scheme on whichever is the latest of—

(a) the member’s transition date;

(b) if the member decides not to appeal, the expiry of 14 days beginning with the date on which the member received a copy of the IQMP’s opinion which the Board is required to supply under article 66 (appeal against opinion on a medical issue) of Part H of the FPS;

(c) if the member withdraws the appeal, the date of the withdrawal of the appeal.

Repayment of contributions under the NFPS N.I.

39.   If a transition member with continuity of service (T) opts out of this scheme and T has less than 3 months’ qualifying service in the NFPS and this scheme—

(a) T must be repaid pension contributions and special pension contributions and mandatory special period pension contributions paid under the NFPS; and

(b) any further periodical payments for additional service to be paid under the NFPS cease to be payable.

Qualifying for retirement benefits under the NFPS N.I.

40.   In determining whether a transition member with continuity of service qualifies for retirement benefits under the NFPS, the member’s qualifying service includes the total of—

(a) the member’s qualifying service under the NFPS; and

(b) the member’s qualifying service under this scheme.

Qualifying for retirement benefits under the FPS N.I.

41.   In determining whether a transition member with continuity of service qualifies for retirement benefits under the FPS, the member’s qualifying service includes the total of—

(a) the member’s qualifying service under the FPS; and

(b) the member’s qualifying service under this scheme.

Final salary link not to apply again to a pension in payment under the NFPS N.I.

42.   Where any element of a pension under the NFPS which is in payment under that Scheme has been calculated by reference to Schedule 7 (final salary link) to the 2014 Act, that element of the pension is not recalculated by reference to Schedule 7 in consequence of a subsequent period of pensionable public service (within the meaning of paragraph 3 of Schedule 7 to the 2014 Act).

Final salary link not to apply to a pension in payment under the FPS N.I.

43.   Where any element of a pension under the FPS which is in payment under that Scheme has been calculated by reference to Schedule 7 (final salary link) to the 2014 Act, that element of the pension is not recalculated by reference to Schedule 7 (final salary link) to the 2014 Act in consequence of a subsequent period of pensionable public service (within the meaning of paragraph 3 to Schedule 7 to the 2014 Act).]