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

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Excess amounts – actual deficits

91.—(1) Where, having taken into account the un-audited information and any other relevant information available to it, it appears to the Department that the total amount likely to be payable out of the Board’s FPF in the year in question exceeds the total amount likely to be credited to the Board’s FPF in that year—

(a)where the likely deficit (“the un-audited deficit”) exceeds the total of any amounts paid or payable to the Board in relation to that year under article 89(1) or (2) (“the article 89 total”), it shall pay to the Board the amount of the un-audited deficit less the article 89 total;

(b)where the un-audited deficit is less than the article 89 total, the amount of the article 89 total less the un-audited deficit shall not be payable under article 89(1) or (2) and, if already paid, the Board shall repay that amount to the Department;

(c)where no amount was paid or payable by it to the Board in relation to the year in question under article 89(1) or (2), it shall pay to the Board the amount of the un-audited deficit; and

(d)any amount paid or payable to it in relation to that year under article 90(1) or (2), shall not be payable and, if already paid, the Department shall repay it to the Board.

(2) Where, having taken into account the audited information and any other relevant information available to it, it appears to the Department that the total amount paid or payable out of the Board’s FPF in the year in question exceeds the total amount credited to its FPF in that year—

(a)where the difference between those total amounts (“the audited deficit”) exceeds the total of any amounts paid (but not repaid or repayable) or payable to the Board in relation to that year under paragraph (1)(a) or (c) or article 89(1) or (2) (“the un-audited total”), it shall pay to the Board the amount of the audited deficit less the un-audited total;

(b)where the audited deficit is less than the un-audited total, the amount of the un-audited total less the audited deficit shall not be payable under paragraph (1)(a) or (c) or article 89(1) or (2) and, if already paid, the Board shall repay it to the Department;

(c)where no amount was paid or payable by it to the Board in relation to the year in question under paragraph (1)(a) or (c) or article 89(1) or (2), it shall pay to the Board the amount of the audited deficit; and

(d)any amount paid or payable to it in relation to the year in question under article 90(1) or (2) or article 92(1)(a) or (c), shall not be payable and, if already paid, the Department shall repay it to the Board.

(3) An amount payable or repayable by the Department to the Board, or vice versa, under paragraph (1), shall be paid or repaid in July in the financial year following the year in question (“the second year”).

(4) An amount payable or repayable by the Department to the Board, or vice versa, under paragraph (2), shall be paid or repaid in July in the financial year following the second year.

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