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

PART GLOSSARY OF EXPRESSIONS

Expression	Meaning
“Additional adoption leave”	Means leave under Article 107B of the Employment Rights (Northern Ireland) Order 1996(1).
“Additional maternity leave”	Means leave under Article 105 of the Employment Rights (Northern Ireland) Order 1996(2).
“Aggregate pension contributions”	Construe in accordance with article 6.
“Amount”	In relation to a pension or allowance, its annual amount.
“Approved scheme”	Superannuation arrangements which— (a) are contained in a public general Act of Parliament or were made under such an Act by a Minister of the Crown; or (b) are contained in Northern Ireland legislation within the meaning of section 24 of the Interpretation Act1978(3) or were made under such legislation by a Minister of the Crown (including a Northern Ireland Minister) or by a Northern Ireland ministry, department or head of department; or (c) are approved under Chapter I of Part XIV of the Income and Corporation Taxes Act 1988(4) and do not fall within section 591(2)(h) of that Act; or (d) provide for the payment of transfer values in respect of persons who become regular firemen calculated in like manner as under arrangements falling within paragraph (a).
“Award”	A pension, allowance, gratuity, grant or award by way of return of aggregate contributions.
“The Belfast Fire Brigade Scheme”	Any Scheme established under Section 13 of the Fire Services (Amendment) Act (Northern Ireland) 1950(5).
“Brigade”	A fire brigade maintained under the Principal Order including one established under the Fire Services (Amendment) Act (Northern Ireland) 1950 and in existence on 30th September 1973.
“Cash equivalent”, “part cash equivalent”	The first expression means a cash equivalent mentioned in section 90(l) of the Pension Schemes (Northern Ireland) Act 1993(6); the second expression means the cash equivalent of any part of the benefits mentioned in that subsection which is prescribed under section 94(1) of that Act (continuation in employment after termination of pensionable service).
“Child”	In relation to a person who has died, a legitimate or illegitimate child, step- child or adopted child of his; any other child who was substantially dependent on him and either is related to him or is the child of his spouse or civil partner. “Parent” is to be construed accordingly.
“Civil Partner”	Construe as in accordance with the definition in the Civil Partnership Act 2004(7).
“Club Scheme”	Superannuation arrangements which fall within (a), (b) or (d) of the definition of “approved scheme”.
“Disabled”, “disablement”, “permanently disabled”	Construe in accordance with article 8.
“Eligible person”	Construe in accordance with article 70.
“Half-rate service”	Construe in accordance with paragraph l (l) of Part III of Schedule 3.
“Independent qualified medical practitioner”	A medical practitioner holding a diploma in occupational medicine or an equivalent qualification issued by a competent authority in an EEA state (for the purposes of this definition “a competent authority” has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualifications Order 2003)(8) or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine(9) or an equivalent institution of an EEA state.
“Injury”	Includes disease.
“Maternity leave”	Means ordinary maternity leave and additional maternity leave.
“Mixed-rate service”	Construe in accordance with paragraph 1(2) of Part III of Schedule 3.
“Normal benefit age”	The age of 60.
“Ordinary adoption leave”	Means leave under Article 107A of the Employment Rights (Northern Ireland) Order 1996(10).
“Ordinary maternity leave”	Means leave under Article 103 of the Employment Rights (Northern Ireland) Order 1996.
“the 1973 Scheme”	The Firemen’s Pension Scheme (Northern Ireland) 1973(11).
“the 1999 Act”	The Welfare Reform and Pensions Act 1999(12).
“the 1999 Order”	The Welfare Reform and Pensions Order (Northern Ireland) 1999(13).
“Parental leave”	This means leave under regulation 13(1) of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999(14).
“Paternity leave”	This means leave under regulation 4 or 8 of the Paternity and Adoption (Northern Ireland) Regulations 2002.(15).
“Pension”	A pension under this Scheme.
“Pension credit”	A credit under Article 26(1)(b) of the 1999 Order or under section 29(1)(b) of the 1999 Act.
“Pension credit member”	Construe in accordance with Article 121(1) of Pensions (Northern Ireland) Order 1995(16).
“Pension debit”	A debit under Article 26(1)(a) of the 1999 Order or under section 29(1)(a) of the 1999 Act.
“Pension debit member”	A person whose benefits or future benefits under this Scheme have been reduced under Article 28 of the 1999 Order or section 31 of the 1999 Act.
“Pension sharing order”	An order or provision mentioned in Article 25(1) of the 1999 Order or section 28(1) of the 1999 Act.
“Pensionable pay”, “average pensionable pay”	Construe in accordance with article 65 above.
“Pensionable service”	Construe in accordance with article 53 above.
“Personal pension scheme”	The meaning given in section 1 of the Pension Schemes (Northern Ireland) Act 1993.
“Previous Scheme”	The Firemen’s Pension Scheme (Northern Ireland) 1971(17), the Fire Services (Fire Officers and Firemen) Pensions Order (Northern Ireland) 1955(18), the Fire Services (Part-time Fire Officers and Firemen) Pensions Order (Northern Ireland) 1955(19) or any scheme maintained by the Council of the County Borough of Belfast under section 26(3) of the Fire Services Act (Northern Ireland) 1969(20), as from time to time in force.
“Principal Order”	The Fire Services (Northern Ireland) Order 1984(21).
“Qualifying injury”	Construe in accordance with article 7 above.
“Rank”	Includes the post of chief fire officer.
“Regular fireman”	In relation to any time before (date of operation), a regular fireman as defined in Article 7 of the 1973 Scheme. In relation to any time after 31st March 2006, a whole-time or part-time member of the fire brigade, other than a retained or volunteer fireman, appointed on terms under which he is or may be required to engage in fire-fighting or without a break in continuity of such an appointment may be required to perform another role appropriate to his rank which may no longer include engaging in firefighting and whose appointment is not a temporary one.
“Relative”	Spouse, surviving spouse, civil partner, or surviving civil partner, parent, grandparent or child, or any person who is a child of such relative.
“Relevant service in the armed forces”	Construe in accordance with article 10.
“Retained member of the Fire Brigade”	Construe in accordance with article 92.
“Retire”	Construe in accordance with article 14.
“Serviceman”	The meaning given in article 78(1).
“Service pension”	An armed forces pension or allowance payable in pursuance of a Royal Warrant or other instrument.
“Surviving spouse”	A widow or widower.
“Tax year”	The 12 months beginning with 6th April in any year.
“the Authority”	The Fire Authority for Northern Ireland, as established under the Principal Order.
“Volunteer member of the Fire Brigade”	Construe in accordance with article 92.
“War service”	Construe in accordance with paragraph 1 of Part II of Schedule 7.
“Weekly rate”	The weekly rate of a pension is its amount divided by 52 1/6th.

(1)

S.I. 1996/1919 (N.I. 16) Article 107B was inserted by S.I. 2002/2386 (N.I. 2) Article 3

(2)

SeeS.I. 1999/2790 (N.I. 9), Part 1, Schedule 4

(3)

1978 c. 30

(4)

1988 c. 1

(5)

1950 c. 4(N.I.)

(6)

1993 c. 49

(7)

2004 c. 33

(8)

S.I. 2003/1250, amended by S.I. 2004/1997.

(9)

The Faculty of Occupational Medicine is a registered charity, no. 1035415.

(10)

S.I. 1996/1919 (N.I.) 16) Article 107A was inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I.2))

(11)

Brought into operation by S.R. & O. 1973 No. 393; amended by the other instruments listed in Schedule 2 to the Firemen Pension Scheme Order (Northern Ireland) 2006.

(12)

1999 c. 30

(13)

S.I. 1999/3147 (N.I. 11)

(14)

SR 1999 No. 471

(15)

SR 2002 No. 377

(16)

S.I. 1995/3213 (N.I. 22) as amended by S.I. 1999/3147 (N.I. 11) Schedule 9 paragraph 50(3)

(17)

S.R. & O. (N.I.) 1971 No 33

(18)

S.R. & O (N.I.) 1995 No 181 (p.198)

(19)

S.R. & O. (N.I.) 1995 No 182 (p. 233)

(20)

1969 c. 13 (N.I.)

(21)

S.I. 1984/1821 (N.I. 11)