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The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

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Article 12(2) and (3)

SCHEDULE 1ILL–HEALTH PENSIONS

1.—(1) Except in a case to which sub-paragraph (2) applies, the annual amount of the lower tier ill–health pension to which a person is entitled on ill–health retirement shall be calculated by multiplying his pensionable service by his final pensionable pay and dividing the resultant amount by 60.

(2) Where a person is subject to ill–health retirement, the annual amount of his lower tier ill–health pension shall be calculated by multiplying his pensionable service by his reference pay and dividing the resultant amount by 60.

(3) For the purposes of sub-paragraph (2)—

(a)“reference pay” means the annual pay that he would have received if he had been a whole-time firefighter of equivalent role and length of service; and

(b)the pensionable service of a retained firefighter is the same proportion of whole-time service as that which his actual annual pensionable pay bears to his reference pay.

2.  The annual amount of the higher tier ill–health pension of a whole-time firefighter shall be calculated in accordance with the formula—

reg 2

, where

A is the pensionable service accrued in the Scheme before his ill–health retirement;

B is—

(a)

the pensionable service that he would have accrued from the date of his ill–health retirement until his normal retirement age had he continued to be a contributing member of the Scheme (his “prospective service”); or

(b)

if the aggregate of his actual pensionable service and his prospective service is more than 40 years, the difference between 40 years and his actual pensionable service; and

C is his final pensionable pay.

3.  The annual amount of the higher tier ill–health pension of a member who—

(a)is or has been a part-time employee; or

(b)is a retained firefighter,

shall be calculated in accordance with the formula—

reg 3(b)

, where

A is the pensionable service accrued in the Scheme before his ill–health retirement;

B is his qualifying service;

C is the pensionable service that he would have accrued from the date of his ill–health retirement until his normal retirement age had he continued to be a contributing member of the Scheme as a whole-time employee; and

D is—

(i)

in the case of a part-time firefighter, is the final pensionable pay that he would have received if he had been a whole-time employee throughout his period of employment;

(ii)

in the case of a retained or volunteer firefighter, is his final reference pay.

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