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

PART V SUPPLEMENTARY PROVISIONS

1.—(1) This paragraph applies where—

(a) under paragraph 3(3) of Part II the Authority allows notice of a war service election to be given more than 3 months after the qualified fireman’s retirement but are not satisfied that the delay was due to circumstances beyond his control; or

(b) under paragraph 2 of Part III or paragraph 2 of Part IV it consents to the making of a war service election but are not satisfied that the person’s failure to give notice under Article 8 of the Firemen’s Pension Scheme (War Service) Order (Northern Ireland) 1980(1) as modified by Article 9(l) of the Firemen’s Pension Scheme (War Service) (Transferees) Order (Northern Ireland) 1988(2) was due to such circumstances.

(2) Where this paragraph applies—

(a) the additional pensionable service becomes reckonable only from the date on which the notice was received; and

(b) in a case falling within sub-paragraph (1)(a), paragraphs 5 and 6 do not apply; and

(c) in a case of falling within sub-paragraph (1)(b), paragraph 5 does not apply.

2.—(1) This paragraph applies where a qualified fireman dies, leaving a surviving spouse—

(a) while serving and before becoming entitled under paragraph 3 of Part II to make a war service election; or

(b) while so entitled but without having made an election; or

(c) having made an election specifying only the purposes mentioned in paragraph 2(2)(a) of Part I.

(2) This paragraph also applies where a person in whose case Part III or IV applies dies, leaving a surviving spouse—

(a) while serving and without having made an election under the Part in question or under the other provisions referred to in paragraph l(l)(b); or

(b) having made an election specifying only the purposes mentioned in paragraph 2(2)(a) of Part I.

(3) In a case falling within sub-paragraph (1)(a) or (b) the surviving spouse may elect that the deceased is to be taken to have made a war service election specifying—

(a) the purposes mentioned in paragraph 2(2)(b) of Part I; and

(b) the period of war service specified in the spouse’s notice of election.

(4) The surviving spouse—

(a) in a case falling within sub-paragraph (1)(c) may; and

(b) in a case falling within sub-paragraph (2) may if the Authority consents, elect that the deceased is to be taken to have made a war service election specifying the purposes mentioned in paragraph 2(2)(b) of Part I.

(5) Notice of an election under this paragraph must be given within 3 months, or such longer period as the Authority may allow, after the death.

(6) In a case falling within sub-paragraph (1), in relation to an election under this paragraph, paragraph 3(4) of Part II has effect with the substitution for the reference to the qualified fireman’s retirement of a reference to his death, and paragraph 4 of Part II has effect with the substitution—

(a) for the hypothetical pension described in paragraph 4(5) of Part II, of the surviving spouse’s pension; and

(b) for the date mentioned in paragraph 4(7) of Part II, of the date on which notice of the election under this paragraph was given.

3.  For the purposes of Part IX of Schedule 2 (reduction of pension related to up-rating of widow’s pension) the additional pensionable service reckonable by virtue of a war service election or an election under paragraph 2 shall be disregarded.

4.—(1) This paragraph applies where a qualified fireman or a person in whose case Part III or Part IV applies has died and—

(a) a surviving spouse is entitled under article 31 to an accrued pension; or

(b) a child is entitled under article 41 to an accrued allowance,

in the calculation of which there is to be taken into account additional pensionable service reckonable by virtue of a war service election or an election under paragraph 2.

(2) Where this paragraph applies Part III of Schedule 3 and Part III of Schedule 4 have effect—

(a) where the deceased had half-rate service not falling within paragraph l(l)(a) or (c) of Part III of Schedule 3, as if both his half-rate and his mixed-rate service included any additional pensionable service reckonable by virtue of a war service election or an election under paragraph 2; and

(b) where that is not the case but he has mixed-rate service, as if his mixed-rate service included any such additional pensionable service.

5.—(1) Where a qualified fireman or a person in whose case Part III or IV applies—

(a) has allocated a portion of his pension under article 23; and

(b) subsequently received an increased pension on account of additional pensionable service reckonable by virtue of a war service election,

neither the amount allocated nor any right to allocate a further portion is affected.

(2) Where a qualified fireman or a person in whose case Part III or IV applies—

(a) has allocated under article 23 a portion of a short service or deferred pension; and

(b) by virtue of a war service election becomes entitled to reckon a total of at least 25 years' pensionable service, and consequently becomes entitled to an ordinary pension,

the notice of allocation shall be treated as having related to the ordinary pension.

6.  Where a qualified fireman or a person in whose case Part III or IV applies—

(a) became entitled to an ordinary pension on retiring when entitled to reckon less than 30 years' pensionable service and before attaining the age of 55; and

(b) by virtue of a war service election becomes entitled to reckon a total of at least 30 years' pensionable service,

he may give notice of commutation under article 21 within 3 months after the additional pensionable service became reckonable.

7.—(1) This paragraph applies where a qualified fireman or a person in whose case Part III or IV applies—

(a) retired with a deferred pension; and

(b) by virtue of a war service election becomes entitled to reckon a total of at least 25 years' pensionable service, and consequently becomes entitled to an ordinary pension.

(2) If—

(a) the deferred pension had come into payment; and

(b) he had commuted a portion of it under article 21.

the notice of commutation shall be treated as having related to the ordinary pension.

(3) If—

(a) the deferred pension had not come into payment; but

(b) he had given notice of commutation under article 21,

the notice does not take effect, but he may give a fresh notice of commutation within 3 months after the date on which the additional pensionable service became reckonable.

8.—(1) This paragraph applies where—

(a) a person makes a war service election under Part III or IV; and

(b) the notice of election specifies only the purposes mentioned in paragraph 2(3)(a) of Part I.

(2) Where this paragraph applies—

(a) for the purposes of calculating a surviving spouse’s pension or a child’s allowance his pension shall be taken to be what it would have been if the additional pensionable service had not been reckonable; but

(b) if any of the provisions that were listed in Part III of Schedule 1 to the Firemen’s Pension Scheme (War Service) Order (Northern Ireland) 1980 (provisions, previously revoked subject to savings, for the calculation of the rate of widow’s ordinary pension by reference to husband’s pensionable service) apply in his case, the additional pensionable service counts for the purposes of those provisions.

9.—(1) This paragraph applies where—

(a) a person makes a war service election under Part III or IV; and

(b) the notice of election specifies the purposes mentioned in paragraph 2(2)(b) of Part I.

(2) Where this paragraph applies the additional pensionable service calculated in accordance with, as the case may be, paragraph 3 of Part III or paragraph 3 of Part IV is reduced by the applicable percentage.

(3) The applicable percentage—

(a) in the case of a person without any pensionable service reckonable by virtue of service as a member of the brigade before 1st April 1972 (“pre-1972 pensionable service”), or a person with half-rate service, is 10; and

(b) in any other case; is 7.5.

(4) In the case of a person without any pre-1972 pensionable service—

(a) Parts I and II of Schedule 11 do not apply; and

(b) for the purposes of Part III of Schedule 3 and paragraph 4, the additional pensionable service shall be treated as being half-rate and mixed-rate service.

10.—(1) Nothing in this Schedule affects the calculation of a pension payable—

(a) where Part II applies, in respect of a period ending before lst April 1975; or

(b) where Part III or IV applies, in respect of a period ending before lst April 1978,

and no payment shall be made in respect of such a period in the case of a pension that would not have been payable but for this Schedule.

(2) Nothing in this Schedule affects the calculation of a transfer value other than one payable in the case of a person who ceased to serve as a member of the brigade after 31st March 1975.

(1)

S.R. 1980 No.91

(2)

S.R. 1998 No.144