The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 No. 130

Amendment of the Firefighters’ Compensation Scheme N.I.

4.—(1) The Annex to the Firefighters’ Compensation Scheme Order (Northern Ireland) 2007(1) shall be amended as follows.

(2) In Part 3 (awards on death: spouses and civil partners)—

(a) in rule 1 (special award for spouse or civil partner)—

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

(ii) in paragraph (3)(2)—

(aa) in sub paragraph (a), after “spouse” insert “or surviving civil partner”;

(bb) omit sub-paragraph (b);

(b) in rule 2 (augmented award for spouse or civil partner), in paragraph (1), for “civil partner” substitute “surviving civil partner”;

(c) in rule 3 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership)—

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

(ii) in paragraph (2), after “spouse” insert “or surviving civil partner”;

(iii) omit paragraph (3);

(d) in rule 4 (limitation where spouse or civil partner is living apart)—

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

(ii) for paragraph (2)(3), substitute—

“(2) Except where paragraph (3) applies, a surviving spouse or surviving civil partner who, but for paragraph (1), would be entitled to an award under rule 1 or 2, is entitled instead to a pension calculated in accordance with Part IV of Schedule 3 to the Firefighters’ Pension Scheme.”

(iii) in paragraph (3), for “civil partner” substitute “surviving civil partner” in both places it occurs;

(iv) in paragraph (7), for “civil partner” substitute “surviving civil partner”;

(e) in rule 5(4) (effect of new relationship)—

(i) at the beginning of paragraphs (1) and (2) for “Subject to paragraph (3)” substitute “Subject to paragraphs (3) to (5)”; and

(ii) after paragraph (3) insert—

“(4) 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 is entitled to a pension or gratuity under this Part.

(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.”.

(f) in rule 6 (amount of survivor’s pension: special cases), in paragraph (2), for “civil partner” substitute “surviving civil partner”.

Commencement Information

I1 Reg. 4(1) in operation at 5.7.2024 , see reg. 1(1)

I2 Reg. 4(2)(a)-(d)(f) in operation at 5.7.2024 with effect in accordance with reg. 1(2)

I3 Reg. 4(2)(e) in operation at 5.7.2024 with effect in accordance with reg. 1(6)

(1)

S.R. 2007 No. 143, amended by S.R. 2008 No. 238, S.R. 2015 No. 7, S.R. 2015 No. 422 and S.R. 2022 No. 155.

(2)

Paragraph (3) of rule 1 was amended by S.R. 2008 No 238. S.R. 2015 No. 7 and S.R. 2015 No 422.

(3)

Paragraph (2) of rule 4 was amended by S.R. 2008 No. 238.

(4)

Rule 5 was amended by S.R. 2008 No. 238 and S.R. 2015 No. 422.