The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

Exclusive application to regular firefighters

2.—(1) Subject to paragraphs (3) to (5), this Scheme applies in relation to regular firefighters and their spouses or civil partners and dependants to the exclusion of pension provision under any enactment other than Article 10 of the Fire Services (Northern Ireland) Order 1984 and the Pension Schemes (Northern Ireland) Act 1993(1).

(2) In paragraph (1) “pension provision” means any provision for the payment of a pension, allowance or gratuity, on cessation of employment or on death, in respect of employment as a regular firefighter.

(3) A person who is not a member of the fire and rescue service but whose employment is, under article 3 or 4, treated for the purposes of this Scheme as employment as a regular firefighter is not a regular firefighter for the purposes of this article.

(4) Nothing in this article prevents provision being made by this Scheme in respect of pension credit members.

(5) This Scheme ceases to apply in relation to—

(a) a person who takes up employment with the Board on or after 6th April 2006, subject to paragraph (6);

(b) a person who, having made an election under article 59(1) not to pay pension contributions, cancels that election on or after 6th April 2006, subject to paragraph (7); and

(c) the spouse, civil partner, eligible child or other dependant of such a person,

on the day on which a scheme, other than the Compensation Scheme, is brought into operation under paragraph 6 of Schedule 1 to the Fire and Rescue Services (Northern Ireland) Order 2006(2).

(6) Paragraph (5) shall not apply to a person who, immediately before taking up employment with the Board—

(a) was employed by an English, Scottish or Welsh fire and rescue authority as a regular firefighter;

(b) had been continuously employed by that authority since 5th April 2006 or earlier;

(c) had not made an election not to pay pension contributions or, if such an election had been made, had cancelled the election not to pay contributions before 6th April 2006; and

(d) had not elected to join any other pension scheme maintained by that authority which would require a contribution of less than 11 per cent of his pensionable pay.

(7) In the situation described in paragraph 2(5)(b), if—

(a) a person has accrued pension rights prior to the making of an election not to pay pension contributions; and

(b) such person’s pension contributions have not been refunded,

this Scheme shall continue to apply solely in respect of those accrued pension rights.

(1)

1993 c. 49

(2)

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