The Firemen’s Pension Scheme Order (Northern Ireland) 2006

Explanatory Note

(This note is not part of the Order)

This Order brings into operation the Firemen’s Pension Scheme (Northern Ireland) 2006 set out in the Annex to the Order (“the 2006 Scheme”) and revokes the Orders specified in Schedule 13. It effects consolidation and also makes provision for the implementation of pension sharing on divorce and nullity in accordance with the Welfare and Pensions Reform Order (Northern Ireland) 1999 and subordinate legislation made under that Order. The principal changes, apart from those that consist in the omission of spent or obsolete provisions, are :

• to make provision for part-time regular firemen to be treated the same as whole-time regular firemen for the purposes of the Scheme (see articles 7, 13, 14, 27 and 91), except that awards for part-time members will be reduced using the formula in Part IV of Schedule 2 to take account of the fact that the member’s pensionable service will relate to a period of part-time service;

• to make provision for the making of contributions and counting as pensionable service periods during when a member is on maternity, paternity or adoption leave (see articles 8, 14, 19, 53, 54, 55, 65, 67, Schedule 1 and Part VI of Schedule 2);

• to provide that when considering whether a disablement is permanent, the Authority will consider whether the disablement will continue until the age the person would have otherwise retired (see article 10);

• to replace the requirement for compulsory retirement at 55 for those of Station Officer or lower rank, and at 60 for those of Assistant Divisional Officer or higher rank, with a provision for a normal pension age of 55, whatever the individual’s rank (article 11);

• the correction of an anomaly in the rules which allowed an individual who was found unfit for fire-fighting, but able to carry out other duties, to resign with a deferred pension prior to re-deployment, and immediately request early payment of that pension on the ground that he or she was permanently unfit for fire-fighting (see article 19(4)(b));

• to provide that a pension shall not be reduced by the allocated portion where the beneficiary has died (article 23);

• to reduce the period of pensionable service required to be entitled to a spouse’s or civil partner’s ordinary pension and surviving spouse’s or civil partner’s requisite benefit and temporary pension from 3 years to 2 years (articles 28 and 33);

• the amalgamation of formerly separate provisions for widows and widowers to receive a gratuity instead of a pension (article 48);

• to require a lump sum relating to a payment of periodical contributions for increased benefits to be paid within 3 months of the commencement of periodical contributions (article 71);

• to allow a child’s ordinary allowance to be paid in certain circumstances where a serviceman dies during his forces period or from an injury sustained during that period (article 80);

• to enable the Authority to review all cases where a fireman has received early payment of a deferred pension due to permanent disablement (article 94);

• to prevent the Authority withdrawing a pension under Part C (Awards on death – spouses or civil partners) from a regular fireman who is entitled to it whilst serving as such (article 97);

• to provide that where both parents of a child were firemen and have died, the child may receive a pension in respect of both parents (article 101);

• to enable civil partners to qualify for survivor benefits under the Scheme on the same basis as spouses;

• amendment to the provisions in article 101, which prevents duplication of certain injury awards. The main change of substance is to prevent duplicate injury awards in cases where the individual is employed as both a regular fireman and as a retained fireman. A new article 102 is introduced to deal expressly with the prevention of duplication in those cases;

• the insertion of a new Part N and new material consequential on section 270 of the Finance Act 2004, which requires pension schemes to identify a scheme administrator to the Inland Revenue;

• the amendment of the definition of “independent qualified medical practitioner” in Part I of Schedule 1 to the Scheme, to reflect a change in the meaning of “a competent authority” brought about by the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250, amended by S.I. 2004/1947)

• to make legislative provision for the re-deployment of personnel where opportunity exists;

• to make changes to require an appellant, in certain circumstances, to pay the costs when he withdraws an appeal to the independent medical referee (see Schedule 9); and

• to make a minor clarification to article 21 (commutation – general provision).

Some of the amendments take effect from a date before the making of the Order by virtue of Article 10(4) of the Fire Services (Northern Ireland) Order 1984. Amendments in relation to the following articles, and any matter incidental to them, in the principal Order shall, therefore, have effect as follows:

• article 28 (spouse’s or civil partner’s ordinary pension) shall have effect from 6th April 1997;

• articles 32 and 33 shall have effect from 1st March 1992;

• articles 55 and 67, in so far as they relate to maternity leave, shall have effect from 23rd June 1994;

• articles 55 and 67, in so far as they relate to adoption and paternity leave, shall have effect from 8th December 2002; and

• article 80 (awards on death of servicemen) shall have effect from 1st March 1992.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.

Also provided are provisions as set out in the table below:

2005 provisions	Corresponding 1973 provisions	Subject	Variations
r. article 7(2)	—	Apportionment of service credit by reference to date.	New provision.
r. article 11(2)	Art. 3(2)	Injury occasioning infirmity.	Includes injury substantially contributing to infirmity.
r. article 17(l)	Art. 10(l)	Ill-health award.	Payable only where retirement compulsory.
r. article 21(7)	Art. 17(4)	Notice to commute pension.	May be given 4 (instead of 2) months before retirement.
r. article 22	Art. 17A	Commutation of small pensions	Maximum commutable pension increased.
r. article 28(l)	Art. 18	Spouse’s or civil partner’s ordinary pension.	Payable in additional case (death while in receipt of injury pension after ill-health pension discontinued).
r. article 31	Art. 21	Spouse’s or civil partner’s accrued pension.	Payable even if deceased’s deferred pension commuted.
r. article 33(3)	Art. 23A(2)	Surviving spouse’s or civil partner’s temporary pension.	In calculating pension, deceased’s pensions, if more than one, to be aggregated and account to be taken of any statutory increases.
r article 38(l)	Art. 29(l)	Child’s ordinary allowance.	Payable in same additional case as spouse’s or civil partner’s ordinary pension.
r. article 48(l)	Art. 22(l)	Commutation of spouse’s or civil partner’s pension for gratuity.	Maximum commutable pension increased.
r. article 48(2)	Art. 22(2)	Same.	Excess over guaranteed minimum commutable only in case of ordinary or special pension.
r. article 49(l)	Art. 33(l)	Commutation of child’s allowance for gratuity.	Child may consent where there is no parent or guardian.
r. article 50	Sch. 2, Part V Sch. 3, Part IV	Increases for spouses or civil partners and children during first 13 weeks.	Deceased’s pensions, if more than one, to be aggregated and account to be taken of any statutory increases.
r. article 100(8)	Art. 63(8)	Payment of gratuities.	Payment may be deferred pending determination of Authority’s liability.
r. article 102(2)	Art. 64(2)	Awards: payment where person entitled is incapable.	Authority’s choice of payee widened.
r. article 102(3)	Art. 64(3)	Payment without proof of title.	Not to exceed amount specified under 1967 C 5 (N.I) currently £5000.
Sch. 3, Part IV	Sch. 2, Part IX	Pension for widow of post-retirement marriage.	Rate linked to that of special award where one would otherwise have been payable.
Sch. 5, Part III	Sch. 3, Part V	Commutation of child’s allowance for gratuity.	Child may agree amount where there is no parent or guardian.
	Art. 12D	Transitional award.	Not reproduced: award not in conformity with current requirements of the Pension Schemes (Northern Ireland) Act 1993.

This Order finally revokes the Orders specified in Part II of Schedule 13 to the Order. These had brought into operation, or varied, the Firemen’s Pension Scheme Order (Northern Ireland) 1971, and had previously been revoked subject to savings preserving their effect for old cases. Schedule 12 to the 2006 Scheme contains provision for continuing any remaining effect of the savings.