The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2022

SCHEDULES

SCHEDULE 1 N.I. Amendment to the Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015

1.  In Chapter 4 (Ill-health benefits) of Part 5 (Retirement benefits) after regulation 73(2) (entitlement to lower tier ill-health pension and higher tier ill-health pension) insert— N.I.

“(2A) This paragraph applies where—

(a) 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 the member is entitled to an ill-health award under article 15 (ill health awards) of the FPS; and

(b) the determination has not been made before 1st April 2022.”.

Commencement Information

I1 Sch. 1 para. 1 in operation at 1.4.2022, see reg. 1(2)

2.—(1) Part 12 (Determination of Questions of Appeals) is amended as follows. N.I.

(2) Omit regulation 160 (Determinations by the Scheme Manager).

(3) In regulation 161 (Determinations by the Pension Board) for paragraph (1) substitute—

“Determinations and decisions of the Scheme Manager

161.— (1) The question whether a person is entitled to any and if so what awards shall be determined in the first instance by the Scheme Manager.”.

(4) In regulation 161 (Determinations and decisions of the Scheme Manager) and in regulation 162 (Appeal against opinion on a medical issue), in each place where it occurs, for “Pension Board” substitute “Scheme Manager”.

(5) Omit regulation 163 (Appeals against decision of the Pension Board).

(6) In regulation 164 (Appeal to Independent Medical Referee)—

(a) in each place where it occurs, for “Pension Board” substitute “Scheme Manager”;

(b) in paragraph (11) for “under paragraph (6)” substitute “under paragraphs (6) to (10)”;

(c) in paragraph (21)(a) for “under paragraph (6)” substitute “under paragraphs (6) to (10)”.

(7) For regulation 165 (Disputes on other issues) substitute—

“Appeals on other issues

165.   Where a person makes a formal complaint to the Scheme Manager which does not involve an issue of a medical nature, the Scheme Manager shall deal with the complaint under the arrangements implemented by it pursuant to the requirements of article 50 of the Pensions (Northern Ireland) Order 1995(1) (requirement for dispute resolution arrangements) and the Occupational Pension Schemes (Internal dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008(2).”.

Commencement Information

I2 Sch. 1 para. 2 in operation at 1.4.2022, see reg. 1(2)

3.  In Part 13 (Supplementary) for regulation 179 (Scheme administrator for the purposes of the 2004 Act) omit the words “which the scheme manager assumes as sub-scheme administrator under regulation 3 of, and Schedule 3 to the Registered Pension Schemes (Splitting of Schemes) Regulations 2006”. N.I.

Commencement Information

I3 Sch. 1 para. 3 in operation at 1.4.2022, see reg. 1(2)

4.—(1) Schedule 2 (transitional provisions) is amended as follows. N.I.

(2) In paragraph 1 (Interpretation)—

(a) in the definition of “closing date”, in sub-paragraph (c), for from “member, or” to the end substitute—

“member,

(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”;

(b) in the definition of “transition date”, for from “member, and” to the end substitute—

“member,

(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”.

(3) In paragraph 3(3) (meaning of “tapered protection closing date”), at the end insert “which must be before 1st April 2022”.

(4) In paragraph 9(2) (full protection members of the FPS or the NFPS), for from “as the case may be,” to the end substitute—

“as 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.”.

(5) In paragraph 31(2)(a) (pensionable service under the NFPS), omit the words from “or if T returns to pensionable service” to the end.

(6) Omit paragraphs 37 (Scheme manager determines member of the NFPS is not entitled to an ill-health award) and 38 (Scheme manager determines member of the FPS is not entitled to an ill-health award).

(7) In Part 3D(3) (Transfer of final salary benefits) in paragraph 45 (Acceptance of club transfer value payments), after “relates to a member’s final salary benefit” insert “apart from a payment from the Firefighters’ Pension Scheme (FPS) as that scheme has effect in England, Scotland and Wales ”.

Commencement Information

I4 Sch. 1 para. 4(1)-(6) in operation at 1.4.2022, see reg. 1(2)

I5 Sch. 1 para. 4(7) in operation at 1.4.2022 with effect in accordance with reg. 1(3)(a), see reg. 1(3)(a)

SCHEDULE 2 N.I. Amendment to the Annex to the New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

1.  In Part 1 (Citation and Interpretation) in article 2 (Interpretation) at the end of the definition “survivor’s pension” remove “and”. N.I.

Commencement Information

I6 Sch. 2 para. 1 in operation at 1.4.2022, see reg. 1(2)

2.—(1) Part 8 (Determination of questions and appeals) is amended as follows. N.I.

(2) In article 46 (Determination and decisions of the Board)—

(a) in paragraph (2)(d) for “has become incapable” substitute “is capable”;

(b) in paragraph (2) for “at least one qualified medical practitioner” substitute “an independent qualified medical practitioner”;

(c) in paragraph (3) omit “or practitioners”.

(3) For article 48 (Appeals on other issues) substitute—

“Appeals on other issues

48.   Where a person makes a formal complaint to the Board which does not involve an issue of a medical nature, the Board shall deal with the complaint under the arrangements implemented by it pursuant to the requirements of article 50 of the Pensions (Northern Ireland) Order 1995(4) (requirement for dispute resolution arrangements) and the Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous amendments) Regulations (Northern Ireland) 2008(5).”

Commencement Information

I7 Sch. 2 para. 2 in operation at 1.4.2022, see reg. 1(2)

3.  In Schedule 1 (ill-health pensions) re-number paragraph 7(6) as paragraph 3D. N.I.

Commencement Information

I8 Sch. 2 para. 3 in operation at 1.4.2022, see reg. 1(2)

SCHEDULE 3 N.I. Amendment to the Annex to the Firefighters’ Pension Scheme Order (Northern Ireland) 2007

1.  In Part H (Determination of questions and appeals) for article 67 (Appeal against decision of the Board) substitute— N.I.

“Appeals on other issues

67.   Where a person makes a formal complaint to the Board which does not involve an issue of a medical nature, the Board shall deal with the complaint under the arrangements implemented by it pursuant to the requirements of article 50 of the Pensions (Northern Ireland) Order 1995(7) (requirement for dispute resolution arrangements) and the Occupations Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008(8).”

Commencement Information

I9 Sch. 3 para. 1 in operation at 1.4.2022, see reg. 1(2)

2.  In Part L (Revision and Withdrawal of awards) for article 83 (Withdrawal of pension whilst employed by the Board) substitute— N.I.

“Withdrawal of pension whilst employed by the Board

83.   The Board may, in their discretion, withdraw the whole or any part of the pension, except a pension under Part C (awards on death – spouses and civil partners), for any period during which the person entitled to it is employed by the Board, or by any fire authority in England, Scotland or Wales in whatever capacity.”.

Commencement Information

I10 Sch. 3 para. 2 in operation at 1.4.2022, see reg. 1(2)

3.  In Part N (Scheme administration, receipts and expenses) for article 88 (Scheme administrator for purposes of Part 4 of the Finance Act 2004) substitute— N.I.

“Scheme administrator for the purposes of Part 4 of the Finance Act 2004

88.   The Board is appointed to be responsible for all liabilities and responsibilities connected with the functions conferred or imposed on the scheme administrator by or under Part 4 of the 2004 Act.”.

Commencement Information

I11 Sch. 3 para. 3 in operation at 1.4.2022, see reg. 1(2)

4.  In Part P (Firefighters’ pension fund) in article 91(2) for “article 17 (ill-health award)” substitute “article 15 (ill-health award)”. N.I.

Commencement Information

I12 Sch. 3 para. 4 in operation at 1.4.2022 with effect in accordance with reg. 1(3)(b), see reg. 1(3)(b)

SCHEDULE 4 N.I. Amendment to the Annex to the Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

1.—(1) In Part 1 (General Provisions) in rule 2 (Interpretation) for ‘qualified medical practitioner’ substitute ‘independent qualified medical practitioner’. N.I.

Commencement Information

I13 Sch. 4 para. 1 in operation at 1.4.2022, see reg. 1(2)

2.—(1) Part 6 (Determination of questions and appeals) is amended as follows. N.I.

(2) In rule 1 (Determination by board) in paragraph (2) for “a qualified medical practitioner” substitute “an independent qualified medical practitioner”.

(3) In rule 3 (Appeals against decision of the Authority) substitute—

“Appeals on other issues

3.   Where a person makes a formal complaint to the Board which does not involve an issue of a medical nature, the Board shall deal with the complaint under the arrangements implemented by it pursuant to the requirements of article 50 of the Pensions (Northern Ireland) order 1995(9) (requirement for dispute resolution arrangements) and the Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008(10).”.

Commencement Information

I14 Sch. 4 para. 2 in operation at 1.4.2022, see reg. 1(2)

(1)

S.R. 1995 No 3213 (N.I. 22); section 50 was substituted by Article 250 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005 No 255 (N.I. 1)) and amended by the Pensions Act (Northern Ireland) 2008 (Chapter 1).

(2)

S.R. 2008 No.116.

(3)

Part 3D was inserted by S.R, 2015 No. 420.

(4)

S.R. 1995 No 3213 (N.I. 22); section 50 was substituted by Article 250 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005 No 255 (N.I. 1)) and amended by the Pensions Act (Northern Ireland) 2008 (Chapter 1).

(5)

S.R. 2008 No.116.

(6)

Paragraph 7 was inserted by S.R. 2015 No. 420.

(7)

S.R. 1995 No 3213 (N.I. 22); section 50 was substituted by Article 250 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005 No 255 (N.I. 1)) and amended by the Pensions Act (Northern Ireland) 2008 (Chapter 1).

(8)

S.R. 2008 No.116.

(9)

S.R. 1995 No 3213 (N.I. 22); section 50 was substituted by Article 250 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005 No 255 (N.I. 1)) and amended by the Pensions Act (Northern Ireland) 2008 (Chapter 1).

(10)

S.R. 2008 No.116.