The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015

Amendment of Part 10 (payment of awards and financial provisions)

9.—(1) Part 10 is amended as follows.

(2) In rule 2 (prevention of duplication)—

(a) in paragraph (1)(b), after “the New Firefighters’ Pension Scheme”, insert “or the 2015 Scheme”;

(b) in paragraph (2)—

(i) in sub-paragraph (a), for “or article 21 of the New Firefighters’ Pension Scheme” substitute “, article 21 of Part 3 of the New Firefighters’ Pension Scheme or Chapter 6 of Part 5 of the 2015 Regulations”;

(ii) in sub-paragraph (b), after “New Firefighters’ Pension Scheme (pension credit member’s entitlement to pension)” insert, “or regulation 113 (entitlement to pension credit members’ pension) of the 2015 Regulations”;

(iii) in sub-paragraph (c), after “New Firefighters’ Pension Scheme (guaranteed minimum pensions)” insert, “or regulation 168 (guaranteed minimum pension) of the 2015 Regulations”;

(c) in paragraph (3) for “as the case may be, article 97 of the New Firefighters’ Pension Scheme” substitute “article 97 of Part 14 of the New Firefighters’ Pension Scheme, or regulation 17 (service in two or more scheme employments) and regulation 18 (application of Chapter) of the 2015 Regulations, as the case may be”;

(d) in paragraph (4)(a), at the end insert—

“(iii) under regulation 67 or 73 of the 2015 Regulations, a retirement pension or a lower tier ill-health pension or a higher tier ill-health pension, or”.

(3) In rule 3(1) (prevention of duplication: other injury awards for persons who are both regular and retained firefighters)—

(a) in paragraph (1), after the definition of “Part 8 award”, insert—

““regulation 73 award” means an entitlement to a lower tier ill-health pension or a higher tier ill-health pension under regulation 73 of the 2015 Regulations; and”;

(b) in paragraph (2)—

(i) for “This paragraph applies” substitute “This rule applies” and insert the word “and” after “as a regular firefighter”;

(ii) in sub-paragraph (b)(i), after “article 12 award,”, insert “a regulation 73 award,”;

(c) in paragraphs (3) and (4), for “or, as the case may be, the article 12 award”, in each place where the words occur, substitute “or the article 12 award or the regulation 73 award, as the case may be,”.

(4) In rule 4(2) (prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefighters)—

(a) in paragraph (2)(b) for “that Part”, substitute “Part 4”;

(b) in paragraph (3)—

(i) in sub-paragraph (e) omit “and”;

(ii) in sub-paragraph (f) for the full stop substitute a comma;

(iii) in sub-paragraph (l) for the full stop substitute a comma;

(iv) after sub-paragraph (l) insert—

“(m) a surviving partner’s pension under regulation 86, 87 or 88 of the 2015 Regulations,

(n) a surviving partner’s bereavement pension under regulation 89 of the 2015 Regulations,

(o) an eligible child’s pension under regulation 94, 95 or 96 of the 2015 Regulations,

(p) an eligible child’s bereavement pension under regulation 100 of the 2015 Regulations, and

(q) a lump sum payable on death under regulations 104 and 105 of the 2015 Regulations.”.

(1)

Rule 3 of Part 10 was substituted by S.R. 2008 No. 238 and amended by S.R. 2015 No. 7.

(2)

Rule 4 of Part 10 was substituted by S.R. 2008 No. 238 and amended by S.R. 2015 No. 7.