The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

Interpretation

2.—(1) In this Scheme—

“the 1984 Order” means the Fire Services (Northern Ireland) Order 1984(1);

“the 2006 Order” means the Fire and Rescue Services (Northern Ireland) Order 2006(2);

“amount”, in relation to a pension or allowance, means its annual amount;

“average pensionable pay” has the same meaning as in the Pension Scheme(3);

“award” means a pension, allowance or gratuity under this Scheme;

“child”, in relation to a person who has died, means—

(a)

a legitimate or illegitimate child, step-child or adopted child of his, and

(b)

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;

and “parent” shall be construed accordingly;

“disabled”, “disablement” and “permanent disablement” shall be construed in accordance with rule 8 of this Part ;

“the Board” means the Northern Ireland Fire and Rescue Service Board;

“qualified medical practitioner” means a medical practitioner holding a diploma in occupational medicine or an equivalent or higher qualification issued by a competent authority in an EEA State, or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine(4) or an equivalent institution of an EEA State; and 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(5);

“injury” includes disease;

“normal pension age”, in relation to employees of the Board appointed on terms under which they are or may be required to engage in fire-fighting, means 55;

“pension” means a pension under this Scheme;

“Pension Scheme” means the Firemen’s Pension Scheme Order (Northern Ireland) 2007(6);

“pensionable pay” and “pensionable service” have the same meaning as in the Pension Scheme(7);

“qualifying injury” shall be construed in accordance with rule 7 of this Part ;

“regular firefighter” means a person who is employed—

(a)

by the Board as a firefighter (whether whole-time or part-time), other than as a retained or volunteer firefighter, and

(b)

on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting) and whose employment is not temporary;

“retained firefighter” means an employee of the Board who is obliged to attend—

(a)

at the station to which he is attached for training, development and maintenance duties for an average of two hours each week (plus an additional hour per week on average at the discretion of the Board) or such less hours as the officer in charge of the station, subject to any orders of the Chief Officer, considers necessary;

(b)

promptly, at any time, in response to a call;

(c)

at any incident or other occurrence, or at any other station for reserve or standby duties in accordance with the orders he receives; and

(d)

receives a retaining fee and other such fees as may be appropriate in respect of those duties;

“retire” shall be construed in accordance with rule 11 of this Part;

“state pensionable age” means pensionable age as determined in accordance with the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995(8);

“surviving spouse” means a widow or widower; and

“volunteer firefighter” means an employee of the Board who—

(a)

is obliged to attend at the station to which he is attached for training, development and maintenance duties for an average of two hours each week (plus an additional hour per week on average at the discretion of the Board) or such less hours as the officer in charge of the station, subject to any orders of the Chief Officer, considers necessary and, promptly, at any time, in response to a call; and

(b)

receives no retaining fee in respect of those duties.

(2) Where this Scheme requires anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

(1)

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

(2)

S.I. 2006/1254 (N.I.9)

(3)

See rule G1.

(4)

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

(5)

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

(6)

Set out in the Annex to the Firemen’s Pension Scheme (Northern Ireland) Order 2007 (S.R. 2007 No.144).

(7)

See, as to “pensionable pay”, article 65 and, as to “pensionable service”, article 53.

(8)

S.I. 1995/3213 (N.I. 22).