The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

Article 1(1) and 2

SCHEDULE 1 INTERPRETATION

PART I GLOSSARY OF EXPRESSIONS

Expression	Meaning
“Additional adoption leave”	Means leave under Article 107B of the Employment Rights (Northern Ireland) Order 1996(1).
“Additional maternity leave”	Means leave under Article 105 of the Employment Rights (Northern Ireland) Order 1996(2).
“Aggregate pension contributions”	Construe in accordance with article 6.
“Amount”	In relation to a pension or allowance, its annual amount.
“Approved scheme”	Superannuation arrangements which—
	(a) are contained in a public general Act of Parliament or were made under such an Act by a Minister of the Crown; or
	(b) are contained in Northern Ireland legislation within the meaning of section 24 of the Interpretation Act 1978(3) or were made under such legislation by a Minister of the Crown (including a Northern Ireland Minister) or by a Northern Ireland ministry, department or head of department; or
	(c) are approved under Chapter I of Part XIV of the Income and Corporation Taxes Act 1988(4) and do not fall within section 591(2)(h) of that Act; or
	(d) provide for the payment of transfer values in respect of persons who become regular firefighters calculated in like manner as under arrangements falling within paragraph (a).
“Award”	A pension, allowance, gratuity, grant or award by way of return of aggregate contributions.
“The Belfast Fire Brigade Scheme”	Any Scheme established under Section 13 of the Fire Services (Amendment) Act (Northern Ireland) 1950(5).
“The Board”	The Northern Ireland Fire and Rescue Service Board as established under the Fire and Rescue Services (Northern Ireland) Order 2006(6).
“Brigade”	A fire brigade maintained under the Fire Services (Northern Ireland) Order 1984 including one established under the Fire Services (Amendment) Act (Northern Ireland) 1950 and in existence on 30th September 1973.
“Cash equivalent”, “part cash equivalent”	The first expression means a cash equivalent mentioned in section 90(l) of the Pension Schemes (Northern Ireland) Act 1993(7); the second expression means the cash equivalent of any part of the benefits mentioned in that subsection which is prescribed under section 94(1) of that Act (continuation in employment after termination of pensionable service).
“Child”	In relation to a person who has died, a legitimate or illegitimate child, step- child or adopted child of his; 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. “Parent” is to be construed accordingly.
“Civil Partner”	Construe as in accordance with the definition in the Civil Partnership Act 2004(8).
“Club Scheme”	Superannuation arrangements which fall within (a), (b) or (d) of the definition of “approved scheme”.
Compensation Scheme	The Firefighters’ Compensation Scheme (Northern Ireland) 2007, set out in Schedule 1 to the Firefighters’ Compensation Scheme Order (Northern Ireland) 2007(9).
“Disabled”, “disablement”, “permanently disabled”	Construe in accordance with article 7.
“Eligible person”	Construe in accordance with article 61.
“Half-rate service”	Construe in accordance with paragraph l (l) of Part III of Schedule 3.
“Independent qualified medical practitioner”	A medical practitioner holding a diploma in occupational medicine or an equivalent qualification issued by a competent authority in an EEA state (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)(10) or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine(11) or an equivalent institution of an EEA state.
“Injury”	Includes disease.
“Maternity leave”	Means ordinary maternity leave and additional maternity leave.
“Mixed-rate service”	Construe in accordance with paragraph 1(2) of Part III of Schedule 3.
“Normal benefit age”	The age of 60.
“Ordinary adoption leave”	Means leave under Article 107A of the Employment Rights (Northern Ireland) Order 1996(12).
“Ordinary maternity leave”	Means leave under Article 103 of the Employment Rights (Northern Ireland) Order 1996.
“the 1973 Scheme”	The Firemen’s Pension Scheme Order (Northern Ireland) 1973(13).
“the 1999 Act”	The Welfare Reform and Pensions Act 1999(14).
“the 1999 Order”	The Welfare Reform and Pensions (Northern Ireland) Order 1999(15).
“Parental leave”	Means leave under regulation 13(1) of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999(16).
“Paternity leave”	Means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations (Northern Ireland) 2002.(17).
“Pension”	A pension under this Scheme.
“Pension credit”	A credit under Article 26(1)(b) of the 1999 Order or under section 29(1)(b) of the 1999 Act.
“Pension credit member”	Construe in accordance with Article 121(1) of Pensions (Northern Ireland) Order 1995(18).
“Pension debit”	A debit under Article 26(1)(a) of the 1999 Order or under section 29(1)(a) of the 1999 Act.
“Pension debit member”	A person whose benefits or future benefits under this Scheme have been reduced under Article 28 of the 1999 Order or section 31 of the 1999 Act.
“Pension sharing order”	An order or provision mentioned in Article 25(1) of the 1999 Order or section 28(1) of the 1999 Act.
“Pensionable pay”, “average pensionable pay”	Construe in accordance with article 56.
“Pensionable service”	Construe in accordance with article 45 above.
“Personal pension scheme”	The meaning given in section 1 of the Pension Schemes (Northern Ireland) Act 1993.
“Previous Scheme”	The Firemen’s Pension Scheme (Northern Ireland) 1971(19), the Fire Services (Fire Officers and Firemen) Pensions Order (Northern Ireland) 1955(20), the Fire Services (Part-time Fire Officers and Firemen) Pensions Order (Northern Ireland) 1955(21) or any scheme maintained by the Council of the County Borough of Belfast under section 26(3) of the Fire Services Act (Northern Ireland) 1969(22), as from time to time in force.
“Rank”	Includes the post of chief fire officer.
“Regular firefighter”	In relation to any time before 1st April 2006, a regular firefighter as defined in Article 7 of the 1973 Scheme. In relation to any time after 31st March 2006, a whole-time or part-time member of the fire and rescue service, other than a retained or volunteer firefighter, appointed on terms under which he is or may be required to engage in fire-fighting or without a break in continuity of such an appointment may be required to perform another role appropriate to his rank which may no longer include engaging in firefighting and whose appointment is not a temporary one.
“Relative”	Spouse, surviving spouse, civil partner, or surviving civil partner, parent, grandparent or child, or any person who is a child of such relative.
“Relevant service in the armed forces”	Construe in accordance with article 8.
“Retained firefighter” and “volunteer firefighter”	A person employed by the fire and rescue service— (a) as a firefighter, but not as a regular firefighter; (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); (c) otherwise than in a temporary capacity; and (d) who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives.
“Retire”	Construe in accordance with article 12.
“Serviceman”	Construe in accordance with article 68(1).
“Service pension”	An armed forces pension or allowance payable in pursuance of a Royal Warrant or other instrument.
“Surviving spouse”	A widow or widower.
“Tax year”	The 12 months beginning with 6th April in any year.
“the Board”	The Northern Ireland Fire and Rescue Services Board established by the Fire and Rescue Services (Northern Ireland) Order 2006.
“Weekly rate”	The weekly rate of a pension is its amount divided by 52 1/6th.

PART II EXPRESSIONS RELATED TO NATIONAL INSURANCE AND SOCIAL SECURITY ACTS AND ORDERS

1.  In this Scheme “employed contributor’s employment”, “graduated contribution”, “graduated retirement benefit”, “non-participating employment”, and “payment in lieu of contributions” have the meaning which they had for the purposes of the National Insurance Act (Northern Ireland) 1966(23) immediately before its repeal by the Social Security (Consequential Provisions) Act 1975(24).

2.  In this Scheme “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(25).

3.  In this Scheme a reference to a participating period of relevant employment is a reference to a period of employed contributor’s employment after 5th April 1961 and before state pensionable age other than —

(a) service in the armed forces; and

(b) non-participating employment at the end of which no payment in lieu of contributions fell to be made,

and for the purposes of this paragraph a period of employed contributor’s employment or of non-participating employment shall be treated as having continued during periods of holiday and temporary incapacity for work and similar temporary interruptions.

4.—(1) In this Scheme—

(a) any reference to the secured portion of a pension is a reference to the portion of it which equals the assumed graduated retirement benefit; and

(b) any reference to the unsecured portion of a pension shall be construed accordingly.

(2) The assumed graduated retirement benefit is the graduated retirement benefit that would be payable to the pensioner on the assumption that—

(a) he retired from regular employment on attaining state pensionable age;

(b) a payment in lieu of contributions was made in respect of the whole of any period of non-participating employment by virtue of which he is entitled to reckon pensionable service for the purposes of the pension; and

(c) the period was one at the end of which no payment in lieu of contributions in fact fell to be made,

and for the purposes of this paragraph a period of non-participating employment shall be treated as having continued during periods of holiday and temporary incapacity for work and similar temporary interruptions.

5.  For the purposes of this Scheme the annual rate of graduated retirement benefit shall be calculated as if there were 52 1/6th weeks in a year.

6.  In this Scheme “contracted-out employment”, “contracted-out scheme”, “earnings factors”, “guaranteed minimum”, “guaranteed minimum pension” and “contributions equivalent premium” have the meanings which they have for the purposes of the Pension Schemes (Northern Ireland) Act 1993.

7.  In this Scheme any reference to a case in which a contributions equivalent premium has been paid includes a reference to a case in which such a premium is payable but has not been paid by virtue of regulations under Schedule 1 to the Pension Schemes (Northern Ireland) Act 1993 dispensing with the payment of such a premium where its amount would be inconsiderable.

8.  In this Scheme any reference to the guaranteed minimum in relation to a pension under a pension scheme at a particular time is a reference to the amount certified by the Department for Social Development as that minimum at that time.

9.  In the case of a person entitled to reckon a period of pensionable service by virtue of service or employment in Great Britain in respect of which he was subject to superannuation arrangements, this Scheme has effect as if any reference to the National Insurance Act (Northern Ireland) 1966 or the Pension Schemes (Northern Ireland) Act 1993 included a reference to any enactment of the Parliament of the United Kingdom making provision for corresponding purposes.

(1)

S.I. 1996/1919 (N.I. 16) Article 107B was inserted by S.I. 2002/2386 (N.I. 2) Article 3

(2)

See S.I. 1999/2790 (N.I. 9), Part 1, Schedule 4

(3)

1978 c.30

(4)

1988 c.1

(5)

1950 c. 4(N.I.)

(6)

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

(7)

1993 c. 49

(8)

2004 c. 33

(9)

S.R 2007 No. 143

(10)

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

(11)

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

(12)

S.I. 1996/1919 (N.I.) 16) Article 107A was inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I.2))

(13)

Brought into operation by S.R. & O. 1973 No. 393; see also Part II of Schedule 11.

(14)

1999 c.30

(15)

S.I. 1999/3147 (N.I. 11)

(16)

SR 1999 No. 471

(17)

SR 2002 No. 377

(18)

S.I. 1995/3213 (N.I. 22) as amended by S.I. 1999/3147 (N.I. 11) Schedule 9 paragraph 50(3)

(19)

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

(20)

S.R. & O (N.I.) 1995 No 181 (p.198)

(21)

S.R. & O. (N.I.) 1995 No 182 (p. 233)

(22)

1969 c. 13 (N.I.)

(23)

1966 c. 6 (N.I.)

(24)

1975 c. 18

(25)

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