The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

Calculation of amount of restitution payment

52.—(1) The Board shall calculate in accordance with this article the restitution payment that would need to be made to it in respect of a person to whom article 51 applies to create or restore his position to what it would have been if he had not opted out or, where relevant, also transferred out.

(2) The restitution payment for a regular firefighter is an amount equal to the sum of—

(a) the capitalised value at the material date, determined in accordance with the relevant methods and assumptions, which would produce a service credit equal to his total period of opted out service, including the capitalised value of any rights under the Pensions (Increase) Act (Northern Ireland) 1971(1) and the Pensions (Increase) (Northern Ireland) Order 1974(2); and

(b) in the case of a regular firefighter who also transferred out, the greater of—

(i) any transfer value paid to a personal pension scheme in respect of his transferred out service by the Board under article 55 (payment of transfer values), increased by interest calculated at a rate approved by the Government Actuary over the period from the date of payment of that transfer value to the assumed calculation date; and

(ii) the cash equivalent transfer value that would be payable by the Board in respect of that transferred out service if it were to pay a cash equivalent transfer value in respect of that service determined in accordance with the relevant methods and assumptions applicable immediately after the assumed calculation date.

(3) In this article—

“assumed calculation date” means the date on which it is assumed, for the purpose of calculating a restitution payment, that a transfer value will be paid to the Board;

“material date” means the date on which the Board receives a notice under article 51(2); and

“relevant methods and assumptions” means ones notified by the Government Actuary for the calculation of cash equivalent values from occupational pension schemes.

(1)

1971 c. 35(N.I.)

(2)

S.I. 1974/1267 (N.I. 2)