The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024

Amendment to the Firefighters’ Pension Scheme N.I.

2.—(1) The Annex to the Firefighters’ Pension Scheme Order (Northern Ireland) 2007(1) is amended as follows.

(2) In Part B (personal awards), in article 13A(3)(2) (continuous service pension), for sub-paragraph (b), substitute—

“(b) paragraph (1) applies as if the age ascertained under sub-paragraph (a) were substituted for “normal pension age.”.

(3) In article 16A(3) (entitlement to two pensions)—

(a) in paragraph (2), for “exceeds” substitute “is lower than”;

(b) after paragraph (3) insert—

“(3A) The amount of the first pension determined under paragraph (3) or (4B)(a), is increased for each year before the firefighter’s last day of service by an amount equivalent to that which would apply if the first pension were a pension in payment commencing from the day after the date of the firefighter’s last day of service at the higher rate of pay, to which the Pensions (Increase ) Act (Northern Ireland) 1971(4) applied.”.

(c) in paragraph (6), after “13” insert “, 13A”;

(d) in paragraph (9), for “paragraph (3)” substitute “paragraph (4)”.

(4) In Part C (awards on death - spouses or civil partners)—

(a) in article 25 (spouse’s or civil partners ordinary pension)—

(i) in paragraphs (1) and (2), for “civil partner” substitute “surviving civil partner”;

(ii) omit paragraph (3);

(b) in article 26 (spouse’s or civil partner’s accrued pension), in paragraphs (1) and (3), for “civil partner” substitute “surviving civil partner”;

(c) in article 27 (limitation award to surviving spouse or civil partner with reference to date of marriage or civil partnership)—

(i) in the heading, for “limitation award” substitute “limitation on award”;

(ii) in paragraphs (1) and (2), for “civil partner” substitute “surviving civil partner”;

(iii) omit paragraph (3);

(d) in article 28 (surviving spouse’s or civil partner’s requisite benefit and temporary pension)—

(i) in the heading, for “civil partner” substitute “surviving civil partner”;

(ii) in paragraphs (1)(a), (2) and (5), for “civil partner” substitute “surviving civil partner”;

(iii) for paragraph (4), substitute—

“(4) The requisite benefit pension shall be calculated in accordance with Part IV of Schedule 3.”;

(e) in article 29 (surviving spouse’s or civil partner’s award where no other award payable)—

(i) in the heading, for “civil partner” substitute “surviving civil partner”;

(ii) in paragraph (2), for “civil partner” substitute “surviving civil partner”;

(f) in article 30 (limitation where spouses or civil partner living apart), in paragraphs (1), (2), (3) and (7), for “civil partner” substitute “surviving civil partner”;

(g) in article 31 (effect of remarriage or subsequent civil partnership)—

(i) in paragraph (1), for “A person”, substitute “Subject to paragraphs (3) to (5), a person”;

(ii) in paragraph (2), for “Where a person”, substitute “Subject to paragraphs (3) to (5), where a person”; and

(iii) after paragraph (2), insert—

“(3) Paragraphs (1) and (2) do not apply if the person (“P”), entitled to a pension or gratuity under this Part—

(a) marries, remarries, forms a civil partnership or a subsequent civil partnership on or after 1st April 2015; and

(b) immediately before the beginning of that marriage, remarriage or formation of a civil partnership or subsequent civil partnership the condition set out in paragraph (4) is satisfied.

(4) The condition in this paragraph is that—

(a) P is either—

(i) entitled to a pension under article 25 (spouse’s or civil partner’s ordinary pension), article 26 (spouse’s or civil partner’s accrued pension), article 27 (limitation on award to surviving spouse or civil partner with reference to date of marriage or civil partnership), article 28 (surviving spouse’s or civil partner’s requisite benefit and temporary pension) or article 30 (limitation where spouses or civil partners living apart); or

(ii) receiving a gratuity under article 30(7); and

(b) the deceased spouse or civil partner of P (“D”) died as a result of an injury—

(i) received in the exercise of D’s duties as a firefighter; or

(ii) sustained while on a journey necessary to enable D to report for duty or return home after duty.

(5) If on or after 1st April 2015 P is the subject of a decision by the Board to pay any sums in exercise of its discretion under paragraph (1) or (2), the payment of those sums is not affected by any future marriage, remarriage or formation of a civil partnership.”.

(5) In Part G (pensionable pay and contributions), in article 56 (pensionable pay and average pensionable pay)—

(a) in paragraphs (13) and (14)(5) for “paragraph 34 of Schedule 2”, substitute “paragraph 33 of Schedule 2”;

(b) in paragraph (16) for “paragraph 34(3) of Schedule 2”, substitute “paragraph 33(3) of Schedule 2”; and

(6) In Part J (Pension Credit Members) in article 75(1) (commutation of the pension credit benefits), for “In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000 (commutation of the whole of pension credit benefit)” substitute “Where the amount of pension payable under article 74 does not exceed the trivial commutation lump sum limit in paragraph 7 of Schedule 29 to the Finance Act 2004 (lump sum rule)”.

(7) In Part K (special cases), in article 78 (guaranteed minimum pensions)

(a) for paragraph (2)(b) substitute—

“(b) in the case of a member who dies at any time and leaves a widow, widower, a surviving same-sex spouse or surviving civil partner, that person is entitled to a pension of a weekly rate equal to half the deceased member’s guaranteed minimum.”.

(b) omit paragraph (2)(c); and

(c) in paragraph (4) for “paragraph (2)(b) or (c)” substitute “paragraph (2)(b)”.

(8) In Schedule 1 (interpretation), after Part I (glossary of expressions), insert—

“PART IA N.I. Civil Partnership and Marriage of Same Sex Couples

1.   The application of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019(6) in relation to these Regulations is modified so that regulations 6(1) and (2) and 7(1) to (3) have effect.”

(9) In Schedule 2 (personal awards), in Part IIA(7) (continuous service pension), for “40 years”, where the words occur for the first time, substitute “30 years”.

(10) In Schedule 3 (awards on death-spouses or civil partners)—

(a) in Part II (spouse’s or civil partner’s accrued pension)—

(i) in paragraph 2(1), for “civil partner’s” substitute “surviving civil partner’s”;

(ii) in paragraph 3(1), for “civil partner” substitute “surviving civil partner”;

(b) in Part III (pension for surviving spouse or civil partner of post-retirement marriage or civil partnership)—

(i) in the heading, for “civil partner” substitute “surviving civil partner”;

(ii) in paragraphs 1(1) and 2(1), for “civil partner” substitute “surviving civil partner”.

Commencement Information

I1 Reg. 2(1)(8) in operation at 5.7.2024 , see reg. 1(1)

I2 Reg. 2(2)(3)(c)(d)(4)(g)(5)(9) in operation at 5.7.2024 with effect in accordance with reg. 1(6)

I3 Reg. 2(3)(a)(b) in operation at 5.7.2024 with effect in accordance with reg. 1(4)

I4 Reg. 2(4)(a)-(f) (7) (10) in operation at 5.7.2024 with effect in accordance with reg. 1(2)

I5 Reg. 2(6) in operation at 5.7.2024 with effect in accordance with reg. 1(5)

(1)

S.R. 2007 No.144 amended by S.R. 2008 No. 382, S.R. 2012 No. 161, S.R. 2013 No. 85, S.R. 2014 No. 56 & 169 and S.R. 2015 No. 8, No. 11, No 420 and No. 421, S.R. 2019 No. 109, S.R. 2022 No. 155 and S.R. 2023 No. 178.

(2)

Article 13A was inserted by S.R. 2015 No. 420.

(3)

Article 16A was inserted by S.R. 2008 No. 382 and was amended by S.R. 2014 No. 169 and S.R. 2015 No. 420.

(4)

1971 c.35.

(5)

Article 56(13), (14) and (16) were inserted by S.R. 2015 No. 420.

(6)

S.R. 2019 No 1514.

(7)

Part IIA was inserted by S.R. 2015 No. 420.