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

SCHEDULE 2 PERSONAL AWARDS

Articles 15(3) and 21(6)

PART I ORDINARY PENSION

Subject to Parts IV, VIII and IX, the amount of an ordinary pension is—

where—

• A is the person’s average pensionable pay,

• B is the period in years (subject to a maximum of 5 years) by which his pensionable service exceeds 25 years.

Articles 16(2) and 21(6)

PART II SHORT SERVICE PENSION

Subject to Parts IV, VIII and IX the amount of a short service pension is—

where—

• A is the person’s average pensionable pay,

• B is the period in years of his pensionable service up to 20 years, and

• C is the period in years by which his pensionable service exceeds 20 years.

Articles 17 and 21(6)

PART III ILL-HEALTH PENSION

1.—(1) Paragraphs 2 to 5 have effect subject to Parts IV, VIII and IX, and paragraphs 3 and 4 have effect subject to paragraph 5.

(2) In paragraphs 2 to 4, A is the person’s average pensionable pay.

2.  Where the person has less than 5 years' pensionable service, the amount of the ill-health pension is—

where B is the greater of one year and the period in years of his pensionable service.

3.  Where the person has at least 5 but not more than 10 years' pensionable service, the amount of the ill-health pension is—

where C is the period in years of his pensionable service.

4.  Where the person has more than 10 years' pensionable service, the amount of the ill-health pension is the greater of—

and—

where—

• D is the period in years of his pensionable service up to 20 years, and

• E is the period in years by which his pensionable service exceeds 20 years.

5.—(1) Where—

(a) if the person had continued to serve until he reached normal pension age, he would have become entitled to an ordinary or short service pension (“the notional retirement pension”); and

(b) the amount calculated in accordance with paragraph 3 or 4 exceeds the amount of the notional retirement pension,

the amount of the ill-health pension is that of the notional retirement pension.

(2) The notional retirement pension is to be calculated by reference to the person’s actual average pensionable pay.

Articles 5(4) and 27

PART IV CALCULATION OF AWARDS FOR PART-TIME SERVICE

1.  Where some or all of the person’s service, by virtue of which his pensionable service is reckonable, was part-time service, his —

(a) ordinary pension under Part I,

(b) short-service pension under Part II,

(c) ill-health pension under Part III,

(d) injury gratuity under Part VI

(e) injury pension under Part VI, and

(f) deferred pension under Part VII,

as appropriate, shall be calculated in accordance with this Part.

2.—(1) The amount of an award listed in paragraph 1 is—

where—

• A is the amount of that award calculated under the relevant Part if the average pensionable pay was the pay the person would have received had he been a whole-time member of the fire brigade;

• B is the period in years of his pensionable service as a part-time member of the fire brigade;

• C is the period in years of his pensionable service as a part-time member of the fire brigade, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and

• D is the period in years of his pensionable service

(2) Neither (B + C) nor D shall exceed 30 years.

Articles 16(2) and 17(2)

PART V SHORT SERVICE OR ILL-HEALTH GRATUITY

1.  Where the person’s pensionable service is less than one year, the amount of the gratuity is that of his aggregate pension contributions.

2.  Where the person’s pensionable service is one year or more, the amount of the gratuity is the greater of—

(a) his aggregate pension contributions; and

(b) 1/12th of his average pensionable pay multiplied by the period in years of his pensionable service.

3.  Where the person ceased to serve after the beginning of the tax year in which he attains state pensionable age, the gratuity calculated in accordance with paragraph 1 or 2 shall be reduced by the capitalised value, as calculated by the Government Actuary, of any pension paid to him under article 89 (guaranteed minimum).

Articles 18(2) and (3) and 51(4) and 91(7)

PART VI INJURY GRATUITY AND INJURY PENSION

1.—(1) Subject to Part IV, the amounts of the injury gratuity and the injury pension shall be calculated by reference to the Table below.

(2) In the headings in the Table references to relevant service are references to service which either was, or would, but for an election under article 68 or a failure to elect under article 67, have been, reckonable as pensionable service

		Pension as a percentage of average pensionable pay
Percentage disablement	Gratuity as percentage of average pensionable pay	Less than 5 years' relevant service	5 or more but less than 15 years' relevant service	15 or more but less than 25 years' relevant service	25 or more years' relevant service
25 or less (slight disablement	12.5	15	30	45	60
More than 25 but not more than 50 (minor disablement)	25	40	50	60	70
More than 50 but not more than 75 (major disablement)	37.5	65	70	75	80
More than 75 (severe disablement)	50	85	85	85	85

2.—(1) The amount of a person’s injury pension calculated in accordance with paragraph 1 shall be reduced by three quarters of the amount of any other pension calculated by reference to pensionable service reckonable by virtue of the period of service during which he received the qualifying injury or, where an election under article 68 had effect or a failure to elect under article 67, by the amount of any other pension which would otherwise have been so calculated.

(2) For the purposes of sub-paragraph (1) any reduction of the other pension under article 21 or 23 (commutation and allocation) or under Part IX or by virtue of a pension debit shall be disregarded.

3.—(1) In respect of any week for which the person is entitled to an additional benefit mentioned in sub-paragraph (2) the amount of his injury pension calculated in accordance with paragraph 1 shall, subject to sub-paragraph (6), be reduced by the amount of the benefit.

(2) The additional benefits are—

(a) so much of any disablement pension under section 103 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the 1992 Act”) as relates to the qualifying injury, together with any relevant increase;

(b) so much of any reduced earnings allowance under paragraph 11 of Schedule 7 to the 1992 Act as relates to the qualifying injury; and

(c) until the material date, any benefit mentioned in sub-paragraph (3), together with any relevant increase.

(3) The material date for the purposes of sub-paragraph (2)(c) is the first day after the person’s retirement which is not, or is deemed not to be, a day of incapacity for work within the meaning of section 31 or 33 of the 1992 Act or, as the case may be, a day on which he is incapable for work within the meaning of section 68 of the 1992 Act, and the benefits are—

(a) any sickness benefit under section 31 of the 1992 Act; and

(b) any invalidity pension under section 33 of the 1992 Act, including any additional component comprised in it in pursuance of section 55 of and Schedule 5 to the 1992 Act; and

(c) any severe disablement allowance under section 68 of the 1992 Act.

(4) In relation to the additional benefit mentioned in sub-paragraph (2)(a), relevant increases comprise any increase in the benefit attributable to an increase in the pension—

(a) by way of unemployability supplement under paragraph 2 of Schedule 7 to the 1992 Act, excluding any increase under paragraph 3 of Schedule 7 in the supplement; or

(b) under paragraph 4 or 6 of Schedule 7 to the 1992 Act,

and so long as the person is receiving treatment as an in-patient at a hospital as a result of the qualifying injury, any increase in the pension under paragraph 10 of Schedule 7 to the 1992 Act (hospital treatment).

(5) In relation to the additional benefits referred to in sub paragraph (2)(c), any increase under any provision of sections 80 to 93 of the 1992 Act (dependants) is a relevant increase.

(6) Where the provisions governing scales of additional benefits have changed after the person ceased to be a regular fireman, the amount of the reduction in his injury pension in respect of any week on account of a particular benefit shall not exceed what it would have been if those provisions had not changed.

(7) Where a person has become entitled to a disablement gratuity under section 103 of the 1992 Act in respect of the qualifying injury, this paragraph has effect as if he were entitled under that section during the relevant period to a disablement pension of the amount that would be produced by converting the gratuity into an annuity for that period; the relevant period is the period taken into account, in accordance with section 103 of the 1992 Act, for the purpose of making the assessment by reference to which the gratuity became payable.

4.  No payment shall be made in respect of an injury pension for any week in which the aggregate reductions under paragraphs 2 and 3 equal or exceed the amount of the pension calculated in accordance with paragraph 1.

5.—(1) This paragraph applies where a person who becomes entitled to an injury pension—

(a) received the qualifying injury during a period of sickness which included lst April 1972 or ended before lst July 1973; and

(b) is entitled to reckon less than 5 years' pensionable service,

and the provisions as to calculation and payment that were contained in Article 15 (special pensions) of the Firemen’s Pension Scheme (Northern Ireland) 1971 (“the 1971 provisions”)(1) would have been more favourable to him than those of paragraphs 1 to 4.

(2) Where this paragraph applies—

(a) paragraphs 1 to 4 shall not apply; and

(b) the injury pension shall be calculated and payable as if the 1971 provisions had continued in operation and had applied in his case.

Articles 19(2) and (3) and 21(6)

PART VII DEFERRED PENSION

1.—(1) Paragraph 2 has effect subject to Parts IV, VIII and IX.

(2) In paragraph 2, A is the person’s average pensionable pay.

2.—(1) The amount of a deferred pension is the lesser of—

• and—

  

  where—

  • B is the amount of the person’s notional retirement pension,

  • C is the period in years of his pensionable service, and

  • D is the period in years of his notional service.

(2) A person’s notional retirement pension is—

where—

• E is the period in years of his notional service up to 20 years, and

• F is the period in years by which his notional service exceeds 20 years.

(3) A person’s notional service is the period in years that he would have been entitled to reckon as pensionable service if he had continued to serve until—

(a) he could retire with a maximum ordinary pension (disregarding article 15(2)); or

(b) he reached normal pension age,

whichever is the earlier.

Article 24(a)

PART VIII REDUCTION OF PENSION AT STATE PENSIONABLE AGE

1.—(1) Where, in respect of service as a regular fireman before 1^st April 1980, a person had paid pension contributions at a rate of 6p a week less than the appropriate percentage of his pensionable pay (“reduced contributions”), the unsecured portion of any ordinary, short service, ill-health or deferred pension payable to him shall, in respect of any period beyond state pensionable age, be reduced in accordance with this paragraph.

(2) Subject to sub-paragraphs (4) to (6), in the case of a person who elected to pay pension contributions at the lower rate under paragraph 36(3) of the Schedule to the Fire Services (Fire Officers and Firemen) Pensions Order (Northern Ireland) 1955(2), the annual rate of the reduction is that obtained by multiplying the sum ascertained from the Table below by the length in years of the period of pensionable service in respect of which he paid reduced contributions (“the relevant period”).

Age on Appointed Day	Sum to be Multiplied
	£
Under 23	1.700
23	1.650
24	1.600
25	1.550
26	1.525
27	1.500
28	1.475
29	1.450
30	1.425
31	1.400
32	1.375
33	1.350
34	1.325
35	1.300
36	1.300
37	1.275
38	1.250
39	1.250
40	1.225
41	1.225
42	1.200
43	1.200
44 or over	1.175

(3) Subject to sub-paragraph (4), in any other case the annual rate of the reduction is that obtained by multiplying £l.70 by the length in years of the relevant period.

(4) The annual rate of reduction of a pension under this paragraph shall not in any case exceed £51.

2.—(1) This paragraph applies in the case of a person in receipt of an ordinary, short service, ill-health or deferred pension who has a period of former service, that is to say service or employment otherwise than as a regular fireman—

(a) in respect of which he was subject to superannuation arrangements (“the relevant arrangements”); and

(b) by reason of which he is entitled to reckon pensionable service for the purposes of the pension; and

(c) the period of which includes a participating period of relevant employment (“the participating period”).

(2) Where this paragraph applies the pension shall be reduced in relation to the participating period as if—

(a) any material provision of the relevant arrangements were, with the necessary adaptations and modifications, contained in this paragraph;

(b) the pension were payable under the relevant arrangements; and

(c) any other period of service or employment by reason of which he is entitled to reckon pensionable service for the purposes of the pension were a period of non-participating employment at the end of which no payment in lieu of contributions falls to be made.

(3) A material provision of the relevant arrangements is one—

(a) which was in operation when the person left the former service; and

(b) the effect of which is that pensions payable under the arrangements are to be reduced in connection with the operation of the National Insurance Act 1959(3) or of any provision of the National Insurance Act (Northern Ireland) 1966(4) relating to graduated contributions or graduated retirement benefit.

(4) The Authority, in determining any question arising under sub-paragraphs (1) to (3) relating to a particular service or employment, shall be entitled to treat as conclusive any relevant certificate issued, with the agreement of the person concerned, by his employer in that service or employment.

(5) Where for the purposes of the relevant arrangements the person was entitled to reckon service by reason of some previous service or employment, that previous service or employment shall be treated for the purposes of this paragraph as if it were part of the former service.

3.—(1) Where a person is in receipt of an ordinary, short service or ill-health pension for the purposes of which he is entitled to reckon pensionable service by virtue of a period of employment as a regular fireman which is a participating period of relevant employment (“the participating period”), the unsecured portion of the pension shall, in respect of any period beyond state pensionable age, be reduced in accordance with this paragraph.

(2) The annual rate of the reduction is that of the graduated retirement benefit which would, on the assumption that the person retired from regular employment on attaining state pensionable age, be payable to him in return for a payment in lieu of contributions in respect of the whole of the participating period, whether or not such a payment was in fact made.

4.—(1) Where a person—

(a) is in receipt of the secured portion of an ill-health pension the unsecured portion of which has been terminated in the circumstances mentioned in article 94; and

(b) is also in receipt of an ordinary, short service, ill-health or deferred pension (“the second pension”) for the purposes of which he is entitled to reckon the period of pensionable service reckonable for the purposes of the ill-health pension,

the unsecured portion of the second pension shall, in respect of any period beyond state pensionable age, be reduced in accordance with this paragraph.

(2) The annual rate of the reduction is that of the secured portion of the ill-health pension.

Articles 24(a) and 51(4)

PART IX REDUCTION OF PENSION RELATED TO UP-RATING OF WIDOW'S PENSION

1.  In this Part “pension” means an ordinary, short service, ill-health or deferred pension and “regular service” means service as a regular fireman.

2.—(1) Subject to sub-paragraph (2), this paragraph applies in the case of a man entitled to reckon pensionable service otherwise than—

(a) by reason of regular service after 31st March 1972; or

(b) by reason of regular service before lst April 1972, in respect of which he has paid pension contributions at a rate related to 6% of his pensionable pay, or

(c) by virtue of article 62 (receipt of transfer value).

(2) Where the man was a regular fireman to whom Article 53 or 54 of the 1973 Scheme applied (that is to say, where on lst October 1973 either he was in regular service or, having retired after 31st March 1972, he was entitled to a pension) and he last paid pension contributions before lst April 1972 at a rate related to 5% of his pensionable pay, this paragraph shall not apply unless—

(a) he elected or agreed, under Article 53(2)(b) or (4)(a) or 54(2)(b) of the 1973 Scheme, that his pension be reduced; or

(b) pensionable service became reckonable by him after 1st April 2006 by virtue of article 57 (previous service reckonable on payment).

(3) Where this paragraph applies the man’s pension shall be reduced by the percentage specified in the second column of the Table in paragraph 5 opposite the number of completed years of relevant pensionable service he is entitled to reckon other than pensionable service falling within either or both of the following sub-paragraphs, namely—

(a) pensionable service reckonable as mentioned in sub-paragraph (1); and

(b) where (subject to articles 57(5) and 58(2)) he elected under Article 52(3) or 53(3) of the 1973 Scheme to pay further contributions or to make further payment by way of a lump sum, pensionable service reckonable by him immediately before lst October 1973 otherwise than by reason of regular service after 31st March 1972.

3.—(1) Subject to sub-paragraph (2), this paragraph applies in the case of man entitled to reckon pensionable service otherwise than—

(a) by reason of regular service after 31st March 1972; or

(b) by virtue of article 62.

(2) Where the man was a regular fireman to whom Article 53 or 54 of the 1973 Scheme applied, this paragraph shall not apply unless—

(a) he elected or agreed, under articles 57(3)(b)or 57(4)(b) above or Article 54(3)(b) of the 1973 Scheme, that his pension be reduced; or

(b) pensionable service became reckonable by him after 31st March 2006 by virtue of article 57.

(3) Where this paragraph applies, the man’s pension shall be reduced by the percentage specified in the third column of the Table in paragraph 5 opposite the number of completed years of pensionable service he is entitled to reckon other than pensionable service falling within either or both of the following sub-paragraphs, namely—

(a) pensionable service reckonable as mentioned in sub-paragraph (1); and

(b) where (subject to articles 57(5) and 58(2)) he elected under Article 52(2) or 53(2) of the 1973 Scheme to pay additional contributions or to make an additional payment by way of a lump sum, pensionable service reckonable by him immediately before lst October 1973 otherwise than by reason of regular service after 31st March 1972.

4.  In calculating the amount of a reduction in a pension under paragraph 2 or 3 no account shall be taken of any reduction in the amount of the pension under one or the other of those paragraphs or under article 21 or 23 (commutation and allocation) or Part VIII.

5.  The following Table is the Table referred to in paragraphs 2 and 3.

Percentage reduction in pension
Completed years of pensionable service taken into account	Under paragraph 2	Under paragraph 3
1	0.2	0.2
2	0.4	0.4
3	0.6	0.5
4	0.8	0.7
5	1.0	0.8
6	1.2	0.9
7	1.3	1.0
8	1.4	1.1
9	1.6	1.2
10	1.7	1.3
11	1.8	1.4
12	1.9	1.5
13	2.1	1.6
14	2.2	1.6
15	2.3	1.7
16	2.4	1.8
17	2.5	1.9
18	2.6	2.0
19	2.7	2.0
20	2.8	2.1
21	2.9	2.1
22	3.0	2.2
23	3.1	2.2
24	3.2	2.3
25	3.2	2.3
26	3.3	2.4
27	3.4	2.4
28	3.4	2.5
29	3.5	2.5
30 or more	3.5	2.5

6.—(1) Where a man entitled to an ordinary pension was, immediately before he retired, paying additional or further contributions in pursuance of an election under Article 52(2) or (3) of the 1973 Scheme, the annual amount of the ordinary pension shall, for the appropriate period, be reduced by the annual amount of those contributions immediately before his retirement, calculated by reference to his pensionable pay at that time.

(2) The appropriate period is that for which the contributions would have remained payable had the man not retired.

(3) No account shall be taken of any reduction under this paragraph for the purpose of calculating any other reduction in the pension under this Scheme.

(1)

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

(2)

S.R. & O. (N.I.) 1955 No 181 (p. 198)

(3)

1959 c. 47

(4)

1966 c. 6 (N.I.)