5 Continuation of schemes for retained firefighters
1 Where, immediately before the date on which this Order comes into operation, the Board maintains a scheme for the payment of pensions to and in respect of retained firefighters (“the retained scheme”).
2 Subject to paragraph (3), the Board may continue to maintain the retained scheme on and after the date on which this Order comes into operation, for the benefit of persons who were members of that scheme before 6th April 2006, as if it were a scheme established under the Fire and Rescue Services (Northern Ireland) Order 2006.
3 The Board must not—
(a) in respect of a retained firefighter who becomes a member of the New Firefighters’ Pension Scheme (Northern Ireland), make any contribution to the retained scheme on or after the date on which the firefighter’s membership of that Scheme commences; or
(b) use its Firefighters’ Pension Fund for the making of employer’s contributions to the scheme.
The Firefighters’ Pension Fund was established under Part P of the scheme set out in the Annex to the Firemen’s Pension Scheme (Northern Ireland) Order 2007.
4 In paragraph (1) “retained firefighter” means a person employed by the Board—
(a) as a firefighter, but not as a regular firefighter;
(b) on terms under which he is, or may be, required to engage in firefighting 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;
(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; and
(e) who is paid for the performance of his duties.
Art. 5 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)