The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

Award for or in relation to a retained or volunteer firefighter

2.—(1) Subject to paragraph (2), this paragraph applies to a person—

(a) who was employed by the Board as a retained firefighter or volunteer firefighter; and

(b) has retired; and

(c) is permanently disabled,

if the infirmity that occasioned his incapacity for the performance of duty was occasioned by a qualifying injury.

(2) A person to whom paragraph (1) applies shall be treated for the purposes of rules 1 and 3 of Part 2 (injury awards) as having been a regular firefighter falling within the description in paragraph (10).

(3) Articles 18 (commutation), 20 (allocation) and 21 (limitation of commuted or allocated portion) shall apply in relation to the awards to which, by virtue of paragraph (2), he is entitled.

(4) A person to whom paragraph (1) applies shall be treated for the purposes of article 15 (ill-health awards) of the Pension Scheme as having been a regular firefighter falling within the description in paragraph (10); and articles 18 (commutation), 20 (allocation), 21 (limitation of commuted or allocated portion), 80 (review of ill-health and certain deferred pensions), 81 (consequences of review) and 82 (reduction in case of default) apply accordingly in relation to the awards to which he is thus entitled.

(5) This paragraph applies where a person is or has been employed by the Board as a retained firefighter or who is or has been a volunteer firefighter dies from the effects—

(a) of a qualifying injury; or

(b) of infirmity of mind or body occasioned by a qualifying injury.

(6) Where paragraph (5) applies and the deceased leaves a surviving spouse or civil partner, the deceased shall be treated for the purposes of rules 2 and 3 of Part 3 (spouse’s or civil partner’s special and augmented awards) as having been a regular firefighter falling within the description in paragraph (10).

(7) Rules 3, 4 and 5 of Part 3 (limitations with reference to date of marriage or formation of partnership and where spouses or civil partners living apart, and effect of new relationship), rule 3 of Part 5 (gratuity in lieu of surviving spouse’s and civil partner’s pension) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (6) above, the spouse or civil partner is entitled.

(8) Where paragraph (5) applies and the deceased leaves a child, the deceased shall be treated for the purposes of rules 1 and 2 of Part 4 (child’s special allowance and gratuity) as having been a regular firefighter falling within the description in paragraph (10).

(9) Rule 3 of Part 4 (child’s special allowance or gratuity: limitations), rule 3 of Part 5 (gratuity in lieu of child’s special allowance) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (8), the child is entitled.

(10) The regular firefighter mentioned in paragraphs (2), (4), (6) and (8) is one who is a whole-time employee of the Board and—

(a) was employed in the same role as the retained or volunteer firefighter and had the same service in that role;

(b) was entitled to reckon as pensionable service a period equal to the retained or volunteer member’s service as such; and

(c) in respect of any service before 1st April 1980 paid pension contributions at the rate of 6p a week less than 6.75% of his pensionable pay.