The Firefighters' Pension Scheme Regulations (Northern Ireland) 2015

SCHEDULES

Regulation 123

SCHEDULE 1N.I.Payments for added pension

PART 1 N.I.Interpretation

InterpretationN.I.

1.  In this Schedule—

“amount of extra pension” means the amount of accrued added pension at any time;

“appropriate pay period” means the pay period that the scheme manager considers appropriate;

“notice of election” has the meaning given in paragraph 5;

“overall limit of extra pension” has the meaning given in paragraph 2;

“periodical payment period” means the period for which periodical payments for added pension payments are payable;

“period of service” in relation to this scheme, means a continuous period of pensionable service under this scheme;

“the relevant day” means the day on which the lump sum is received by the scheme manager;

“the relevant scheme year” means the scheme year in which the relevant day falls.

Meaning of “overall limit of extra pension”N.I.

2.—(1) The overall limit of extra pension is—

(a)£6,500 for any scheme year ending before 1st April 2016; and

(b)for any scheme year beginning on or after 1st April 2016—

(i)the overall limit of extra pension determined by the Department of Finance and Personnel in respect of that scheme year as published before the start of that scheme year; or

(ii)if no such determination is made, the amount calculated under sub-paragraph (2).

(2) The amount is the amount to which the annual rate of a pension of an amount equal to the overall limit of extra pension for the previous scheme year would have been increased under the 1971 Act if—

(a)that pension were eligible to be so increased; and

(b)the beginning date for that pension were the first day of the previous scheme year.

Limit on electionsN.I.

3.  An added pension election may not be exercised by an active member if the amount of extra pension would exceed the overall limit of extra pension if that election were made.

Amount of accrued added pension may not exceed overall limit of extra pensionN.I.

4.—(1) At any given time, the total amount of accrued added pension in a member's added pension account may not exceed the overall amount of extra pension.

(2) If a member has elected to make periodical payments for added pension, the scheme manager may by written notice to the member cancel the election if it appears to the scheme manager that the overall limit of extra pension will be exceeded if the member continues to make the periodical payments.

(3) If the scheme manager cancels the election, the periodical payments cease to be payable from the next pay period beginning after the date specified in the notice of cancellation.

PART 2 N.I.

CHAPTER 1N.I.Exercising the added pension election

Added pension election exercisable by memberN.I.

5.—(1) An active member of this scheme may elect to make added pension payments to this scheme to increase the member's retirement benefits and death benefits.

(2) A member may make the added pension election by notice to the scheme manager in such form as the scheme manager may require.

(3) The notice given in sub-paragraph (2) is referred to in this Schedule as the notice of election.

(4) The notice of election must state—

(a)whether added pension payments are to be made by—

(i)periodical payments, or

(ii)a lump sum payment;

(b)whether the member has an added pension account with another employer; and

(c)whether the member is making an added pension election in connection with another scheme employment.

(5) An election to pay added pension payments by a lump sum payment may only be made if the member gives notice to the scheme manager not later than 12 months after the date on which the person last became employed by that scheme employer as a firefighter.

(6) An election to pay added pension payments by periodical payments may only be made at least two years before the member's normal pension age and cannot be made once the scheme manager has agreed that the member will leave the scheme with entitlement to a pension or an ill-health award.

CHAPTER 2N.I.Periodical payments for added pension

Application of ChapterN.I.

6.  This Chapter applies in relation to an active member of this scheme who elects to make periodical payments for added pension.

Member's election to make periodical payments for added pensionN.I.

7.—(1) The notice of election must specify—

(a)the periodical payment period; and

(b)the amount of the periodical payment to be deducted by the member's employer from the member's pensionable pay in each pay period.

(2) The amount of the periodical payment may be expressed as—

(a)a percentage of the member's pensionable pay; or

(b)a fixed sum.

(3) The amount of the periodical payment must not be less than any minimum amount determined by the scheme manager.

Periodical paymentsN.I.

8.—(1) The periodical payments may be payable by deduction by the member's employer from the member's pensionable pay during the periodical payment period.

(2) The periodical payment period—

(a)begins with the first appropriate pay period beginning on or after the date on which the scheme manager receives the notice of election; and

(b)ends on the earliest of—

(i)the date of the next appropriate pay period if the member gives the notice of discontinuance under paragraph 9,

(ii)date of the next pay period after the date specified in a notice of cancellation given by the scheme manager under paragraph 4(2),

(iii)the date on which the member ceases to be an active member, and

(iv)the date specified in the notice of election.

(3) If the member does not want to pay the periodical payments by deduction from pensionable pay, the scheme manager may agree another method of payment.

Discontinuance of periodical paymentsN.I.

9.  If a member wishes to discontinue the payment of periodical payments, the member must give written notice to the scheme manager.

Periodical payments during periods of assumed pensionable payN.I.

10.—(1) The periodical payments are payable by deduction from the member's pensionable pay during the periodical payments period and whilst the member is treated as receiving assumed pensionable pay, reduced pay or no pay, the member may—

(a)stop the periodical payments; or

(b)continue the periodical payments as if the member were receiving pensionable pay at the full rate.

(2) During any period in which the member is receiving statutory maternity pay or is on paid ordinary maternity leave, paid ordinary adoption leave or paid paternity leave, the member may—

(a)stop the periodical payments; or

(b)pay the periodical payments of an amount determined by reference to the member's actual pay during that period.

(3) If a member stops the periodical payments during a period of assumed pensionable pay or a period of reduced pay, the member may choose to resume the periodical payments in the next pay period after the period of assumed pensionable pay or period of reduced pay ends.

(4) After a period of assumed pensionable pay or a period of reduced pay, the member may give written notice to the scheme manager authorising the employer to deduct the aggregate of payments which would have been made during this period from the member's pay during a period of six months from the end of the period of reduced pay or such longer period as the scheme manager may allow.

(5) Notice under sub-paragraph (4) should be given to the scheme manager not later than one month after the end of the period of assumed pensionable pay or reduced pay.

Amount of added pension for a scheme yearN.I.

11.—(1) This paragraph applies for each scheme year during which a member makes periodical payments to increase both the member's retirement benefits and death benefits.

(2) An amount of added pension must be credited to the member's added pension account for that scheme year.

(3) The amount credited to the added pension account is an amount determined by the scheme manager by reference to actuarial guidance.

CHAPTER 3N.I.Lump sum payments for added pension

Application of ChapterN.I.

12.  This Chapter applies in relation to an active member of this scheme who has elected to make a lump sum payment for added pension.

Member's election to make a lump sum payment for added pensionN.I.

13.—(1) The notice of election must specify the amount of lump sum which must not be less than any minimum amount determined by the scheme manager.

(2) If the lump sum is not paid within three months after the date on which the notice of election was given, then the notice of election is void.

Amount of added pension to be credited to added pension accountN.I.

14.—(1) This paragraph applies if a member elects to pay a lump sum to increase the member's retirement benefits and death benefits.

(2) Following payment of the lump sum by the member an amount of added pension must be credited to the added pension account in the relevant scheme year.

(3) The amount credited to the added pension account is an amount determined by the scheme manager by reference to actuarial guidance.

Regulation 188

SCHEDULE 2N.I.Transitional provisions

PART 1N.I.General

InterpretationN.I.

1.  In this Schedule—

“active member of an existing scheme” has the meaning given in paragraph 6;

“active member of an existing public body pension scheme” has the meaning given in paragraph 7;

“active member of the FPS or the NFPS” has the meaning given in paragraph 5;

“closing date”—

(a)

in relation to an existing scheme, means the date referred to in section 18(4) of the 2014 Act,

(b)

in relation to an existing public body pension scheme, means the date determined under section 32(2) of the 2014 Act by the public authority responsible for that scheme, and

(c)

in relation to a transition member, means—

(i)

if the member is a tapered protection member of the FPS or the NFPS, the tapered protection closing date for that [F1member,

(ii)

if the member is a full protection member of the FPS or the NFPS, 31st March 2022, or

(iii)

if the member is not a protected member of one of those schemes, the scheme closing date]

“eligible to be an active member of the NFPS” has the meaning given in paragraph 4;

“exception” means—

(a)

in relation to an existing scheme, an exception under section 18(5) of the 2014 Act provided for in the scheme regulations for that scheme,

(b)

in relation to an existing public body pension scheme, an exception under section 32(4) of the 2014 Act provided for by the public authority responsible for that scheme;

“existing public body pension scheme” means a public body pension scheme to which section 32 of the 2014 Act applies;

“full protection member”, in relation to the FPS or the NFPS, has the meaning given in paragraph 9;

“fully protected member” of an existing scheme or an existing public body pension scheme means a person in respect of whom an exception applies, which exception is one to which section 18(7) of the 2014 Act (or that section as applied by section 32(4)) applies for the purposes of that scheme;

“protected member”, in relation to an existing scheme or an existing public body pension scheme, means a full protection member or tapered protection member of one of those schemes;

“protection period”—

(a)

for a full protection member of the FPS or the NFPS, has the meaning given in paragraph 10, and

(b)

for a tapered protection member of the FPS or the NFPS, has the meaning given in paragraph 16;

“scheme closing date” means 31st March 2015;

“tapered protection closing date”, in relation to a tapered protection member of an existing scheme, has the meaning given in paragraph 3;

“tapered protection member”, in relation to the FPS or the NFPS, has the meaning given in paragraph 15;

“transition date”, in relation to a transition member, means—

(a)

if the member is a tapered protection member of the FPS or the NFPS, the day after the tapered protection closing date for that [F2member,

(b)

if the member is a full protection member of the FPS or the NFPS, 1st April 2022, and

(c)

if the member is not a protected member of the FPS or the NFPS, the day after the scheme closing date, or the day the person ceased to be a protected member of that scheme, if later]

“transition member” means a person—

(a)

who is a member of the FPS or the NFPS by virtue of his or her pensionable service under that scheme, or who is eligible to be an active member of the NFPS, before the transition date; and

(b)

who is a member of this scheme by virtue of the person's pensionable service under this scheme.

Textual Amendments

Meaning of “continuity of service”N.I.

2.—(1) A transition member (T) has continuity of service between pensionable service in the FPS or the NFPS, as the case may be, and pensionable service in this scheme unless T has a gap in service exceeding five years which—

(a)begins on or before T's transition date; and

(b)ends on the day on which T becomes an active member of this scheme.

(2) For the purposes of sub-paragraph (1), after the scheme closing date T is not on a gap in service while T is in service which is pensionable under an existing scheme, an existing public body pension scheme, a scheme under section 1 of the 2014 Act or a new public body pension scheme.

Meaning of “tapered protection closing date”N.I.

3.—(1) The tapered protection closing date for a tapered protection member of the FPS is the date found by applying the relevant date in column 3 of the FPS table in Part 4 of this Schedule to the birthday referred to in column 1 and column 2.

(2) [F3Subject to paragraphs (3) and (4)] , the tapered protection closing date for a tapered protection member of the NFPS is the date found by applying the relevant date in column 3 of the NFPS table in Part 4 of this Schedule to the birthday referred to in column 1 and column 2.

(3) The tapered protection closing date for a tapered protection member of the NFPS to whom paragraph 9(5) or 21 applies is a date determined by the scheme manager [F4which must be before 1st April 2022] .

[F5(4) In the case of a tapered protection member of the NFPS who is a special member of the NFPS, the tapered protection closing date is the date found by applying the relevant date in column 3 of the FPS table in Part 4 of this Schedule to the birthday referred to in column 1 and column 2.]

Textual Amendments

Meaning of “eligible to be an active member” of the NFPSN.I.

4.—(1) For the purpose of this Schedule, a person (P) is eligible to be an active member of the NFPS on a given date if on that date P is not in pensionable service under the FPS or the NFPS and either—

(a)P is in service as a firefighter which entitles P to be eligible to be an active member of the NFPS; or

(b)P is on a gap in pensionable service not exceeding five years.

(2) For the purpose of sub-paragraph (1)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.

Meaning of “active member of the FPS or the NFPS”N.I.

5.—(1) For the purpose of this Schedule, a person (P) is an active member of the FPS or the NFPS on a given date if on that date—

(a)P is in pensionable service under the FPS or the NFPS; or

(b)P is on a gap in service not exceeding five years.

(2) For the purpose of sub-paragraph (1)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.

Meaning of “active member of an existing scheme”N.I.

6.—(1) For the purpose of this Schedule, a person (P) is an active member of an existing scheme M1 (other than the FPS or the NFPS) on a given date if on that date—

(a)P is in pensionable service under that scheme; or

(b)P is on a gap in service not exceeding five years,

(2) For the purpose of sub-paragraph (1)(b), after the closing date for the existing scheme P is not on a gap in service while P is in pensionable public service.

Marginal Citations

M1See section 18(2) of the 2014 Act for the meaning of “existing scheme”.

Meaning of “active member of an existing public body pension scheme”N.I.

7.—(1) For the purpose of this Schedule, a person (P) is an active member of an existing public body pension scheme on a given date if on that date—

(a)P is in pensionable service under that scheme; or

(b)P is on a gap in service not exceeding five years.

(2) For the purpose of sub-paragraph (1)(b), after the closing date for the existing public body pension scheme, P is not on a gap in service while P is in pensionable public service.

Commencement of active membership of this schemeN.I.

8.—(1) A person who is a transition member on entering pensionable service under this scheme who does not have continuity of service becomes an active member of this scheme on the day the person begins pensionable service in a scheme employment.

(2) A person who is a transition member on entering pensionable service under this scheme who has continuity of service (T) becomes an active member of this scheme—

(a)if T is in pensionable service in a scheme employment on the transition date, on that date; or

(b)if T is not in pensionable service in a scheme employment on the transition date, on the day T enters pensionable service in a scheme employment after that date.

PART 2N.I.Full protection members of the FPS or the NFPS

Full protection members of the FPS or the NFPSN.I.

9.—(1) A person (P) to whom any of paragraphs 12 to 14 applies is a full protection member of the FPS or the NFPS, as the case may be.

(2) P ceases to be a full protection member of the FPS or the NFPS, [F6as the case may be—

(a)on 31st March 2022; or

(b)when P cease to be in pensionable service under that scheme and ceases to be eligible to be an active member of the NFPS unless sub-paragraph (3) or (4) applies, if earlier.]

[F7(2A) Where P was a full protection member of the FPS and after retiring from pensionable service in this scheme became entitled to a continuous service pension under article 13A, or an ordinary pension under article 13 or a short service award under article 14 of that scheme or a continued pension under article 14A, P ceases to be eligible to be a full protection member of the NFPS.]

(3) This sub-paragraph applies if—

(a)P returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme (other than the FPS) or an existing public body pension scheme; and

(b)P would have been a fully protected member of that existing scheme or existing public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.

(4) This sub-paragraph applies if—

(a)P returns to service which is pensionable under the NFPS otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b)P returns to service which is pensionable under the NFPS after a gap in service not exceeding five years.

(5) If P returns to service which is pensionable under the NFPS in circumstances where sub-paragraph (6) applies, P is a tapered protection member of the NFPS when P returns to that service.

(6) This sub-paragraph applies if—

(a)P returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b)P would have been a protected member of the existing scheme or existing public body pension scheme by virtue of an exception to which section 18(8)(a) and (b) of the 2014 Act (or that section as applied by section 32(4)) applies had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.

(7) For the purposes of paragraph (4)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.

Textual Amendments

Exception for full protection member during protection periodN.I.

10.—(1) The protection period for a person (P) who is a full protection member of the FPS or the NFPS, as the case may be, is the period which—

(a)begins on the day after the scheme closing date; and

(b)ends when P ceases to be a full protection member of the FPS or the NFPS (unless P is a tapered protection member by virtue of paragraph 9(5)).

(2) During the protection period—

(a)P is eligible to be in pensionable service under the NFPS or where P is an active member of the FPS, eligible to be in pensionable service under that scheme;

(b)section 18(1) of the 2014 Act does not apply in respect of that pensionable service; and

(c)benefits are to be provided under the FPS or the NFPS, as the case may be, to or in respect of P in relation to that pensionable service.

Full protection member not eligible to join this schemeN.I.

11.  While a person (P) is a full protection member of the FPS or the NFPS, P is not eligible to be an active member of this scheme in respect of that scheme employment.

Full protection members of the FPS or the NFPS on scheme closing dateN.I.

12.—(1) This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies.

(2) This sub-paragraph applies if—

(a)P was an active member of the FPS or an active member, or eligible to be an active member of the NFPS on the scheme closing date;

(b)P was an active member of the FPS or an active member, or eligible to be an active member, of the NFPS on 31st March 2012; and

(c)if P is an active member of the FPS, P would, unless P dies, reach normal pension age under the FPS M2 or if P is an active or eligible to be an active member of the NFPS, normal pension age under the NFPS M3 on or before 1st April 2022.

(3) This sub-paragraph applies if—

(a)P was an active member of an existing scheme (other than the FPS or the NFPS) or an existing public body pension scheme(“P's transitional scheme”) on 31st March 2012;

(b)P was an active member or eligible to be an active member of the NFPS on the scheme closing date; and

(c)P would, unless P dies, reach normal pension age under the NFPS and P's transitional scheme on or before 1st April 2022.

Marginal Citations

M2SR 2007 No 144 Article 9 provides that normal pension age is 55 and article 13 enables regular firefighters over the age of 50 to retire once they have reckoned pensionable service of at least 25 years. Article 13 has been amended by SR 2014 No 169.

M3SR 2007 No 215, article 6(1) of Part 2 provides that normal retirement age of firefighter members is 60.

Full protection: members of an existing schemeN.I.

13.  This paragraph applies if—

(a)P was an active member of an existing scheme (other than the FPS or the NFPS) or an existing public body pension scheme on the closing date for that scheme;

(b)P was an active member of an existing scheme or an existing public body pension scheme (“P's transitional scheme”) on 31st March 2012;

(c)P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing scheme other than the FPS or the NFPS;

(d)on the date that P begins service which is pensionable under the NFPS, P would have been a fully protected member of the existing scheme referred to in sub-paragraph (c) had P re-entered service which is pensionable under that scheme on that date; and

(e)P would, unless P dies, reach normal pension age under the NFPS and P's transitional scheme on or before 1st April 2022.

Full protection: members of an existing public body pension schemeN.I.

14.  This paragraph applies if—

(a)P was an active member of an existing scheme (other than the FPS or the NFPS) or an existing public body pension scheme on the closing date for that scheme;

(b)P was an active member of an existing scheme or an existing public body pension scheme (“P's” transitional scheme) on 31st March 2012;

(c)P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing public body pension scheme;

(d)on the date that P begins service which is pensionable under the NFPS, P would have been a fully protected member of the existing public body pension scheme referred to in sub-paragraph (c) had P re-entered service which is pensionable under that scheme on that date; and

(e)P would, unless P dies, reach normal pension age under the NFPS and P's transitional scheme on or before 1st April 2022.

PART 3N.I.Exceptions to section 18(1) of the 2014 Act: tapered protection members of the FPS or the NFPS

Tapered protection members of the FPS or the NFPSN.I.

15.—(1) A person (P) to whom any of the paragraphs 18 to 21 applies is a tapered protection member of the FPS or the NFPS.

[F8(1A) Where P was a full protection member of the FPS and after retiring from pensionable service in this scheme, became entitled to a continuous service pension under article 13A, or an ordinary pension under article 13 or a short service award under article 14 or a continued pension under article 14A of that scheme, P ceases to be eligible to be a tapered protection member of the NFPS.]

(2) P ceases to be a tapered protection member of the FPS or the NFPS on whichever of the following days occurs first—

(a)P's tapered protection closing date; or

(b)the day on which P ceases to be in pensionable service under the FPS or if later, ceases to be eligible to be in pensionable service under the NFPS unless sub-paragraph (3) or sub-paragraph (4) applies.

(3) This sub-paragraph applies if—

(a)before P's transition date P returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b)P would have been a protected member of that existing scheme or existing public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.

(4) This sub-paragraph applies if—

(a)before P's transition date P returns to service which is pensionable under the NFPS otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b)P returns to service which is pensionable under the NFPS after a gap in service not exceeding five years.

(5) For the purpose of paragraph (4)(b), after the scheme closing date, P is not on a gap in service while P is in pensionable public service.

Textual Amendments

Exception for tapered protection members during protection periodN.I.

16.—(1) The protection period for a tapered protection member of the FPS or the NFPS is the period which—

(a)begins on the day after the scheme closing date; and

(b)ends when P ceases to be a tapered protection member of the FPS or the NFPS.

(2) During the protection period—

(a)P is eligible to be in pensionable service under the NFPS or where P is an active member of the FPS, eligible to be in pensionable service under that scheme;

(b)section 18(1) of the 2014 Act does not apply in respect of that pensionable service; and

(c)benefits are to be provided under the FPS or the NFPS, as the case may be, to or in respect of P in relation to that pensionable service.

Tapered protection member not eligible to join this schemeN.I.

17.  While a person (P) is a tapered protection member of the FPS or the NFPS, P is not eligible to be an active member of this scheme in respect of that scheme employment.

Tapered protection: members of the FPS or the NFPS on scheme closing dateN.I.

18.—(1) This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies.

(2) This sub-paragraph applies if —

(a)P was an active member of the FPS or was an active member, or eligible to be an active member of the NFPS on the scheme closing date;

(b)on 31st March 2012, P was an active member of the FPS or was an active member, or eligible to be an active member, of the NFPS; and

(c)if P is an active member of the FPS P would, unless P dies, reach normal pension age under that scheme, or if P is an active member or eligible to be an active member of the NFPS, P would reach normal pension age under that scheme during the period beginning with 2nd April 2022 and ending with 31st March 2026.

(3) This sub-paragraph applies if—

(a)P was an active member of an existing scheme other than the FPS or the NFPS, or of an existing public body pension scheme, (“P's transitional scheme”) on 31st March 2012;

(b)P was an active member of the NFPS on the scheme closing date; and

(c)P would, unless P dies, would reach normal pension age under—

(i)the NFPS during the period beginning with 2nd April 2022 and ending with 31st March 2026, and

(ii)P's transitional scheme on or before 1st September 2025.

Tapered protection: members of an existing schemeN.I.

19.  This paragraph applies if—

(a)P was an active member of an existing scheme (other than the FPS or the NFPS) or an existing public body pension scheme on the closing date for that scheme;

(b)P was an active member of an existing scheme or an existing public body pension scheme (“P's transitional scheme”) on 31st March 2012;

(c)P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing scheme other than the FPS or the NFPS:

(d)on the date that P begins service which is pensionable under the NFPS, P would have been a protected member of the existing scheme referred to in sub-paragraph (c) and P re-entered service which is pensionable under that scheme on that date; and

(e)P would, unless P dies, reach normal pension age under—

(i)the NFPS during the period beginning with 2nd April 2022 and ending with 31st March 2026, and

(ii)P's transitional scheme on or before 1st September 2025.

Tapered protection: members of an existing public body pension schemeN.I.

20.  This paragraph applies if—

(a)P was an active member of an existing scheme (other than the FPS or the NFPS) or an existing public body pension scheme on the closing date for that scheme;

(b)P was an active member of an existing scheme or an existing public body pension scheme (“P's transitional scheme”) on 31st March 2012;

(c)P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing public body pension scheme;

(d)on the date that P begins service which is pensionable under the NFPS, P would have been a protected member of the existing public body pension scheme referred to in (c) had P re-entered service which is pensionable under that scheme on that date; and

(e)P would, unless P dies, reach normal pension age under—

(i)the NFPS during the period beginning with 2nd April 2022 and ending with 31st March 2026, and

(ii)P's transitional scheme on or before 1st September 2025.

Tapered protection members of an existing scheme or an existing public body pension schemeN.I.

21.  This paragraph applies if—

(a)paragraph 13 or 14 of this Schedule would have applied but for the fact that P would not have been a fully protected member of the existing scheme or existing public body pension scheme referred to in paragraph 13(c) or 14(c), as the case may be (“transferring scheme”) on the date P begins service which is pensionable under the NFPS; and

(b)P would have been a protected member of the transferring scheme by virtue of an exception to which section 18(8)(a) and (b) of the 2014 Act (or that section as applied by section 32(4)) applies had P re-entered service which is pensionable under the transferring scheme on the date P returns to service which is pensionable under the NFPS.

[F9PART 3AN.I.Payment of ill-health benefits to transition members

Textual Amendments

Transition member who has not reached normal pension age under the NFPSN.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 NFPSN.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 FPSN.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 FPSN.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.

PART 3BN.I.Payment of death benefits in respect of transition members

Annual rate of pensions for surviving partners payable under this scheme when certain transition members die in service with accrued benefits in the FPSN.I.

26.—(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;

(b)has continued in pensionable service in scheme employment, or to be treated as an active member of this scheme, until that member dies; and

(c)dies as an active member of this scheme.

(2) Awards for surviving spouses and civil partners are not payable under Part C (awards on death – spouses or civil partners) of the FPS in respect of a member to whom this paragraph applies.

(3) A surviving spouse or civil partner of a member to whom this paragraph applies is not entitled to receive a bereavement pension under article 43 of the FPS.

Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the NFPSN.I.

27.—(1) This paragraph applies in relation to a transition member with continuity of service who is a connected member of the NFPS or a connected special member of the NFPS—

(a)who dies as an active member of this scheme; and

(b)whose period of qualifying service is at least 3 months.

(2) Pensions for an eligible child are not payable under the NFPS in respect of that member.

Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the FPSN.I.

28.—(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;

(b)has continued in pensionable service in scheme employment, or has been treated as an active member of this scheme, until that member dies; and

(c)dies as an active member of this scheme.

(2) Awards for an eligible child are not payable under Part D (awards on death – children) and a bereavement pension is not payable under article 43A of the FPS in respect of that member.

Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the NFPSN.I.

29.—(1) This paragraph applies in relation to a transition member (T) who is a member of the NFPS and who dies as an active member of this scheme.

(2) Subject to paragraph (3), where T dies as a pensioner member of the NFPS, the amount of the lump sum death benefit payable under this scheme is the greater of the amount of the lump sum death benefit payable under regulation 104(2) and the amount of post-retirement death grant payable under article 36 (post-retirement death grant) of Part 5 of the NFPS.

(3) Where T at the time of T’s death was a pensioner member of this scheme and an active member of this scheme, and regulation 106 (lump sum payable on death in certain cases) applies, in a case where the greater amount of the lump sum death benefit payable is that under regulation 105 (lump sum payable on death of pensioner member), “regulation 104” in sub-paragraph (2) is to be read as “regulation 105”.

Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the FPSN.I.

30.—(1) This paragraph applies in relation to a transition member (T) who is a member of the FPS and who dies as an active member of this scheme.

(2) Sub-paragraph (3) applies where paragraph (5A) of article 2 of the FPS applied to T immediately before T died and a lump sum death grant of an amount specified in regulation 104(2) (lump sum payable on death of active member) of this scheme is payable to those persons that the scheme manager determines under regulation 103 (person to whom lump sum death benefit payable) and—

(a)a lump sum death grant has been paid under article 37 of the FPS,

(b)a payment of the balance of contributions has been made under article 39 of the FPS, or

(c)a dependent relative’s gratuity has been paid under article 38 of the FPS.

(3) Where this sub-paragraph applies, any payments which are referred to in sub-paragraph (a) or (b) or (c) of paragraph (2) and which have been made must be deducted from the lump sum death grant payable under regulation 104.

(4) Sub-paragraph (5) applies where T dies as a deferred member of the FPS or in receipt of a pension from that Scheme and a lump sum death grant of an amount specified in regulation 104(2) of this scheme is payable to those persons that the scheme manager determines under regulation 103 and—

(a)a dependent relative’s gratuity has been paid under article 38 of the FPS, or

(b)an amount of post retirement death grant has been paid under article 39.

(5) Where this sub-paragraph applies, the payments which are referred to in sub-paragraph (a) or (b) of paragraph (4) and which have been made must be deducted from the amount of lump sum death grant payable under regulation 104.

PART 3CN.I.Transitional provisions relating to the NFPS and the FPS

Pensionable service under the NFPSN.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) F10...;

(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.

Textual Amendments

Final salary of certain transition members for any purposes of the NFPSN.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 FPSN.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 FPSN.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 FPSN.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 NFPSN.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 awardN.I.

F1137.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F1238.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Repayment of contributions under the NFPSN.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 NFPSN.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 FPSN.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 NFPSN.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 FPSN.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).

PART 3DN.I.Transfer of final salary benefits

Meaning of “final salary benefit”N.I.

44.—(1) In this Part, “final salary benefit” means benefit accrued under a final salary scheme, subject to sub-paragraph (2).

(2) Where only part of the pension entitlement payable under a final salary scheme in respect of that person which is based on the pensionable service of that person is or may be determined by reference to the person’s final salary, “final salary benefit” means the benefit in respect of which the pension entitlement is so determined.

Acceptance of club transfer value paymentsN.I.

45.  Any part of a club transfer value payment from another scheme that relates to a members final salary benefit must [F13apart from a payment from the Firefighters’ Pension Scheme (FPS) as that scheme has effect in England, Scotland and Wales] be paid into the NFPS.

Textual Amendments

Member of this scheme or the NFPSN.I.

46.—(1) This paragraph applies to a person who transfers final salary benefits into the NFPS.

(2) Unless the person is a protected member of the NFPS the person’s service in relation to the final salary benefits which have been transferred into the NFPS is taken to be qualifying service for the purposes of this Scheme and, the person—

(a)becomes a member of this scheme; and

(b)is taken to be a transition member with continuity of service.]

PART 4N.I.

FPS

Date of birth fromDate of birth toDate of end of protection
02/04/196701/05/196731/03/2022
02/05/196701/06/196706/02/2022
02/06/196701/07/196714/12/2021
02/07/196701/08/196723/10/2021
02/08/196701/09/196729/08/2021
02/09/196701/10/196706/07/2021
02/10/196701/11/196715/05/2021
02/11/196701/12/196721/03/2021
02/12/196701/01/196828/01/2021
02/01/196801/02/196805/12/2020
02/02/196801/03/196811/10/2020
02/03/196801/04/196822/08/2020
02/04/196801/05/196828/06/2020
02/05/196801/06/196807/05/2020
02/06/196801/07/196814/03/2020
02/07/196801/08/196821/01/2020
02/08/196801/09/196828/11/2019
02/09/196801/10/196805/10/2019
02/10/196801/11/196813/08/2019
02/11/196801/12/196820/06/2019
02/12/196801/01/196928/04/2019
02/01/196901/02/196905/03/2019
02/02/196901/03/196910/01/2019
02/03/196901/04/196922/11/2018
02/04/196901/05/196929/09/2018
02/05/196901/06/196907/08/2018
02/06/196901/07/196914/06/2018
02/07/196901/08/196922/04/2018
02/08/196901/09/196927/02/2018
02/09/196901/10/196904/01/2018
02/10/196901/11/196902/11/2017
02/11/196901/12/196919/09/2017
02/12/196901/01/197029/07/2017
02/01/197001/02/197004/06/2017
02/02/197001/03/197011/04/2017
02/03/197001/04/197021/02/2017
02/04/197001/05/197029/12/2016
02/05/197001/06/197006/11/2016
02/06/197001/07/197013/09/2016
02/07/197001/08/197023/07/2016
02/08/197001/09/197029/05/2016
02/09/197001/10/197005/04/2016
02/10/197001/11/197013/02/2016
02/11/197001/12/197020/12/2015
02/12/197001/01/197129/10/2015
02/01/197101/02/197105/09/2015
02/02/197101/03/197112/07/2015
02/03/197101/04/197124/05/2015

NFPS

Date of birth fromDate of birth toDate of end of protection
02/04/196201/05/196231/03/2022
02/05/196201/06/196206/02/2022
02/06/196201/07/196214/12/2021
02/07/196201/08/196223/10/2021
02/08/196201/09/196229/08/2021
02/09/196201/10/196206/07/2021
02/10/196201/11/196215/05/2021
02/11/196201/12/196221/03/2021
02/12/196201/01/196328/01/2021
02/01/196301/02/196305/12/2020
02/02/196301/03/196311/10/2020
02/03/196301/04/196323/08/2020
02/04/196301/05/196330/06/2020
02/05/196301/06/196309/05/2020
02/06/196301/07/196315/03/2020
02/07/196301/08/196323/01/2020
02/08/196301/09/196330/11/2019
02/09/196301/10/196306/10/2019
02/10/196301/11/196315/08/2019
02/11/196301/12/196322/06/2019
02/12/196301/01/196430/04/2019
01/01/196401/02/196407/03/2019
02/02/196401/03/196412/01/2019
02/03/196401/04/196422/11/2018
02/04/196401/05/196429/09/2018
02/05/196401/06/196407/08/2018
02/06/196401/07/196414/06/2018
02/07/196401/08/196422/04/2018
02/08/196401/09/196427/02/2018
02/09/196401/10/196404/01/2018
02/10/196401/11/196412/11/2017
02/11/196401/12/196419/09/2017
02/12/196401/01/196529/07/2017
02/01/196501/02/196504/06/2017
02/02/196501/03/196511/04/2017
02/03/196501/04/196521/02/2017
02/04/196501/05/196529/12/2016
02/05/196501/06/196506/11/2016
02/06/196501/07/196513/09/2016
02/07/196501/08/196523/07/2016
02/08/196501/09/196529/05/2016
02/09/196501/10/196505/04/2016
02/10/196501/11/196513/02/2016
02/11/196501/12/196520/12/2015
02/12/196501/01/196629/10/2015
02/01/196601/02/196605/09/2015
02/02/196601/03/196612/07/2015
02/03/196601/04/196624/05/2015