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

PART III TRANSFEREE'S WAR SERVICE RECKONABLE WITHOUT RECEIPT OF TRANSFER VALUE

1.—(1) This Part applies in the case of a person who at the material time—

(a) either was serving as a regular fireman or had retired with an entitlement to a pension; and

(b) was entitled to reckon pensionable service for the purposes of the Firemen’s Pension Scheme in operation at that time by virtue of a period of qualifying service; and

(c) was not entitled under the war service provisions of the scheme applicable to his qualifying service (the “qualifying scheme”) to reckon service for pension purposes by virtue of his qualifying service, but would have been so entitled if he had remained in that scheme until the material time.

(2) The material time—

(a) where the person died or retired before lst April 1978, is immediately before his death or retirement, whichever is the earlier; and

(b) in any other case, is lst April 1978.

(3) For the purposes of this Part—

(a) qualifying service is service or employment described in sub-paragraph (6);

(b) the war service provisions of a qualifying scheme are provisions analogous to those of Part II, and those of Part V as they apply to a qualified fireman; and

(c) “war service” has the same meaning as in the war service provisions of the qualifying scheme.

(4) The Authority—

(a) may require that any claim that paragraph l(l)(c) is satisfied, and as to the duration of the person’s war service, be supported by a certificate given by or on behalf of the scheme managers of the qualifying scheme; and

(b) are entitled to rely on such a certificate.

(5) Where this Part would be capable of applying by virtue of more than one period of qualifying service it applies by virtue only of the first such period, and the others are to be disregarded.

(6) Qualifying service comprises—

(a) Northern Ireland fire service, that is to say, service pensionable in pursuance of the Firemen’s Pension Scheme from time to time in force under section 10 of the Fire Services (Amendment) Act (Northern Ireland) 1950(1) or section 17 of the Fire Services Act (Northern Ireland 1969(2) or, as respects the Belfast Fire Brigade, the Scheme so in force under section 13 of the said Act of 1950 or section 26 of the said Act of 1969;

(b) police service, that is to say, service pensionable in pursuance of an order or regulations from time to time in force under the Constabulary Acts (Northern Ireland) 1922 to 1949(3) or section 25 of the Police Act (Northern Ireland) 1970(4);

(c) service in health and personal social services in Northern Ireland, that is to say, service pensionable in pursuance of regulations from time to time in force under section 61 of the Health Services Act (Northern Ireland) 1948(5), section 67 of the Health Services Act (Northern Ireland 1971(6) and Schedule 8 thereto, or Article 12 of the Superannuation (Northern Ireland) Order 1972(7);

(d) Northern Ireland teaching service, that is to say, service pensionable in pursuance of a scheme comprised in, or in regulations or rules from time to time in force under Article 11 of the Superannuation (Northern Ireland) Order 1972 or the Teachers' Superannuation Acts (Northern Ireland) 1950 to 1967(8) or a 1923 Act Scheme (within the meaning assigned to that expression by section 1 of the Teachers' Superannuation Act (Northern Ireland) 1950;

(e) Northern Ireland local government service, that is to say, service pensionable in pursuance of regulations from time to time in force under section 2 of the Local Government (Superannuation) Act (Northern Ireland) 1950(9) or Article 9 of the Superannuation (Northern Ireland) Order 1972;

(f) police service in Great Britain, that is to say, service pensionable in pursuance of the Police Pensions Regulations from time to time in force under sections 1, 3 and 4 of the Police Pensions Act 1976(10);

(g) teaching service in Great Britain, that is to say service pensionable in pursuance of regulations from time to time in force under section 9 of the Superannuation Act 1972(11), the Teachers' Superannuation (Scotland) Act 1968(12), the Teachers' Superannuation Act 1967(13), the Teachers' Superannuation Act 1965(14), section 102 of the Education (Scotland) Act 1962(15) or under the Teacher’s (Superannuation) Act 1925(16), or under a scheme comprised in a Teachers' Superannuation Scheme (within the meaning assigned to that expression by section 145(47) of the said Act of 1962) from time to time in force;

(h) National Health Service in Great Britain, that is to say, service pensionable in pursuance of regulations from time to time in force under section 10 of the Superannuation Act 1972, section 67 of the National Health Service Act 1946(17) or section 66 of the National Health Service (Scotland) Act 1947(18);

(i) Local Government service in Great Britain, that is to say, service pensionable—

(i) under the Local Government Superannuation Act 1937(19) (“the 1937 Act”) or the Local Government Superannuation (Scotland) Act 1937(20) or in pursuance of regulations from time to time in force under the Local Government Superannuation Act 1953(21) or section 7 of the Superannuation Act 1972(22) (“the 1972 Act”); or

(ii) under a local Act scheme within the meaning of the 1937 Act or the 1972 Act.

2.  A person in whose case this Part applies may, if the Authority consents, make a war service election.

3.—(1) Subject to Part V, where an election is made under paragraph 2 to the person making it shall be treated as having been entitled, immediately before his retirement or, as the case may be, his death while serving, to reckon for the purposes of the Firemen’s Pension Scheme in operation at that time an additional period of pensionable service equal to the appropriate percentage of his war service.

(2) The appropriate percentage where the qualifying service is—

(a) police service or Great Britain police or fire service, is 47.75;

(b) service in health and personal social services or National Health service in Great Britain or local government service or Great Britain local government service, is 35.25; and

(c) teaching service or Great Britain teaching service, is 34.875.

(1)

1950 c. 4 (N.I)

(2)

1969 c. 13 (N.I.)

(3)

1922 c. 8 (N.I.); 1924 c. 17 (N.I.); 1928 c. 4 (N.I.); 1930 c. 18 (N.I.); 1933 c. 27 (N.I.); 1934 c. 10 (N.I.); 1949 c. 9 (N.I.)

(4)

1970 c. 9(N.I.)

(5)

1948 c. 3(N.I.)

(6)

1971 c. 1 (N.I.)

(7)

S.I. 1972/1073 (N.I. 10)

(8)

1950 c. 33 (N.I.); 1951 c. 28 (N.I.) (in part); 1956 c. 22 (N.I.); 1963 c. 7 (N.I.); 1967 c. 3 (N.I.) partially repealed with savings by Art. 23 of the Superannuation (Northern Ireland) Order 19721950 c. 10 (N.I.). section 2 was repealed with savings by S.I. 1972/1073 (N.I. 10), Article 23 Schedule 7, 8

(9)

1950 c. 10 (N.I.). section 2 was repealed with savings by S.I. 1972/1073 (N.I. 10), Article 23 Schedule 7, 8

(10)

1976 c. 35

(11)

1972 c. 11

(12)

1968 c. 12

(13)

1967 c. 12

(14)

1965 c. 83

(15)

1962 c. 47

(16)

1925 c. 59

(17)

1946 c. 81

(18)

1947 c. 27

(19)

1937 c. 68

(20)

1937 c. 69

(21)

1953 c. 25

(22)

1972 c. 11