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

PART I SERVICEMEN

Preliminary

78.—(1) A serviceman is a person who immediately before undertaking relevant service in the armed forces was a regular fireman.

(2) For the purposes of this Scheme a serviceman is to be treated as having continued to be a regular fireman during his period of relevant service in the armed forces (referred to in this Part as his “forces period”).

Award to servicemen

79.—(1) This article applies to a serviceman who at the end of his forces period is permanently disabled.

(2) Subject to paragraphs (3) and (4), article 17 (ill-health award) has effect in relation to a serviceman to whom this article applies as if he had been required to retire under article 13 (compulsory retirement on grounds of disablement) at the end of his forces period.

(3) Where the infirmity that occasioned his incapacity for the performance of duty was occasioned by an injury received during his forces period or by a qualifying injury the Authority may, in its discretion—

(a) pay him, instead of an ill-health gratuity under article 17(2)(b), a pension at the rate of 1/12th of his average pensionable pay; and

(b) subject to paragraph (4), increase any such pension, or any ill-health pension payable to him under article 17(2)(a).

(4) Paragraph 1 of Schedule 10 has effect for limiting increases under paragraph (3)(b).

Awards on death of servicemen

80.—(1) This article applies in the case of a serviceman who—

(a) dies during his forces period; or

(b) was permanently disabled at the end of his forces period, has not since been a regular fireman and dies either from the effects of an injury that occasioned his incapacity for the performance of duty or while in receipt of a pension.

(2) Subject to paragraphs (4) and (5), where this article applies—

(a) article 28 (spouse’s or civil partner’s ordinary pension) has effect as if the serviceman had died in the circumstances mentioned in article 28(1)(b) to (d); and

(b) if the serviceman died during his forces period and no pension is payable under article 28, article 34 (spouse’s or civil partner’s award where no other award payable) has effect as if he had died in the circumstances mentioned in article 34(1).

(3) Subject to paragraph (4) where this article applies article 38 (Child’s ordinary allowance) has effect as if the serviceman had died in the circumstances mentioned in article 38(1).

(4) If the serviceman dies from the effects of an injury received during his forces period or a qualifying injury the Authority may—

(a) pay the surviving spouse or civil partner, instead of a gratuity under article 34(2)(b), a pension of the appropriate amount; and

(b) subject to paragraph (6), increase any such pension and any pension or child’s allowance payable under article 28 or 38.

(5) The appropriate amount mentioned in paragraph (4)(a) is £379.78 increased as described in article 52(7) (flat-rate awards).

(6) Paragraphs 2 and 3 of Schedule 10 have effect for limiting increases under paragraph (4)(b).

Servicemen who resume service as regular firemen

81.  If as a result of an injury received during his forces period a serviceman who has resumed service as a regular fireman—

(a) is permanently disabled; or

(b) dies, whether or not while serving as a regular fireman,

the Authority may, in relation to any award payable to or in respect of him, exercise the like discretions as are conferred on it by, as the case may be, article 79(3) and (4) or article 80(4) to (6).

Servicemen who do not resume service in the brigade

82.—(1) Subject to paragraph (3), a serviceman who does not resume service in the fire brigade within one month from the end of his forces period shall be treated for the purposes of the material provisions as having left the fire brigade at the end of that period.

(2) The material provisions are those of articles 19 (deferred pension), 32 (limitation award to surviving spouse or civil partner with reference to date of marriage or civil partnership), 56 (previous service reckonable without payment), 57 (previous service reckonable on payment), 64(9) (no award where transfer value paid) and 65 (pensionable pay and average pensionable pay).

(3) The serviceman may apply for the consent mentioned in article 57(1)(b) (Authority’s consent to rejoining brigade) within one month from the end of his forces period.

Pensionable service

83.  For the purposes of article 54(1) a serviceman shall be treated as having continued during his forces period to serve in the fire brigade.

Pension contributions

84.—(1) Subject to paragraph (2), for the purposes of article 66 a serviceman’s pensionable pay during his forces period is the pay he would have received if he had continued to serve in the fire brigade.

(2) A serviceman shall for those purposes be treated as having received no pensionable pay (and accordingly is not liable to pay contributions) in respect of any period during which the total of—

(a) his service pay; and

(b) any payments under Part V of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(1),

is less than the pensionable pay described in paragraph (1).

(1)

1951 c. 23