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

PART 2 SCHEME MEMBERSHIP, CESSATION AND RETIREMENT

Scheme membership

4.—(1) Subject to paragraph (2), a person of any of the following descriptions is a firefighter member of this Scheme—

(a) a person who, on or after 6th April 2006, takes up employment with the Board as a firefighter, and whose role on taking up that employment includes—

(i) resolving operational incidents; or

(ii) leading and supporting others in the resolution of operational incidents; or

(b) a person who—

(i) having taken up employment as a firefighter before 6th April 2006;

(ii) having continued in such employment until the date of his election; and

(iii) having been a member of the 2007 Scheme,

elects to become a member of this Scheme; and

(c) a person to whom article 4(3) of the Firefighters’ Pension Scheme (Northern Ireland) Order 2007 refers (persons taking up employment on or after 6th April 2006 and before that Order comes into operation).

(2) A person may not be a firefighter member of this Scheme if he makes a contributions election (but he may again become a firefighter member by virtue of article 9(3).

(3) A person is a deferred member of this Scheme if he is entitled to a deferred pension under article 13.

(4) A person is a pensioner member of the Scheme if he is in receipt of a pension or any other benefits under the Scheme in respect of his pensionable service or by any reason of service credited to the Scheme under Part 12.

(5) A person is a dependant member of this Scheme if he is—

(a) the spouse or civil partner of a deceased firefighter member;

(b) the nominated partner of a deceased firefighter member;

(c) a pension credit member in relation to a firefighter member;

(d) the child of a person who is a member of the Scheme by virtue of sub-paragraph (a) or (b), whose dependency on that person satisfies the conditions specified in paragraph 15(2) and (3) of Schedule 28 to the Finance Act 2004; or

(e) is in receipt of a portion of the firefighter’s pension allocated under article 21.

(6) For the purposes of paragraph (5), a firefighter may, subject to paragraph (8), nominate a person (“a nominated partner”) who—

(a) has been living with the firefighter member, otherwise than as his spouse or civil partner, in a long-term relationship; and

(b) at the date on which the question of the person’s status in relation to the firefighter member falls to be considered—

(i) is not the spouse or civil partner of any other person;

(ii) is registered with the scheme administrator as the firefighter member’s nominated partner; and

(iii) is financially dependent on the firefighter member or is, with the firefighter member, in a state of mutual financial dependency.

(7) In paragraph (6)—

(a) “long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for the period of two years ending with the date on which the question of the person’s status in relation to the firefighter member falls to be considered, or such shorter period as the Board may in any particular case think fit; and

(b) “scheme administrator” has the meaning given by section 270 of the Finance Act 2004(1).

(8) A firefighter member may not make a nomination for the purposes of this Scheme if he is prohibited by law from marrying or, as the case may be, becoming the civil partner of the person he wishes to nominate.

(9) A nomination ceases to have effect if the firefighter member or the person nominated marries or enters into a civil partnership (whether with each other or with another person).

Eligibility conditions

5.—(1) A firefighter member is eligible for a pension under this Scheme if—

(a) he has at least three months’ qualifying service; or

(b) he transfers into the Scheme with personal pension rights which qualify him for benefits under the Scheme; or

(c) he reaches normal retirement age.

Normal retirement age and normal benefit age

6.—(1) The normal retirement age of firefighter members is 60.

(2) The normal benefit age of firefighter members is 65.

Last day of membership

7.—(1) Subject to paragraph (2), where a firefighter member leaves the Scheme his last day of membership shall be taken to be—

(a) where he leaves on retirement at normal retirement age, his last day of service; and

(b) in any other case, the last day on which he pays contributions.

(2) Where a firefighter member is on unpaid absence or absent without permission on the day on which he leaves the Scheme, his last day of membership shall be taken to be such date as may be agreed with the Board.

Election not to make pension contributions

8.—(1) A firefighter member may at any time, by giving notice in writing to the Board, elect to make no further pension contributions (referred to in this Scheme as a “contributions election”).

(2) Subject to paragraph (3)—

(a) a contributions election takes effect on the day on which begins the first pay period falling after the date on which the notice is received; and

(b) the membership of the Scheme of a firefighter member making a contributions election ceases on the day on which the election takes effect.

(3) A person who makes a contributions election within three months of joining the Scheme shall be treated as if he had never been a member of it.

(4) A person whose membership of the Scheme ceases as mentioned in paragraph (2)(b) remains entitled to any deferred benefits accrued while he was a member.

Rejoining the Scheme

9.—(1) Subject to paragraphs (2) and (3), a person who has made a contributions election may cancel it by giving written notice to the Board.

(2) Paragraph (1) does not apply where the person—

(a) is entitled to reckon 40 or more years of pensionable service for the purposes of the Scheme; or

(b) has previously given notice under this article, unless the Board have declined to accept it.

(c) The Board may resolve that a person’s election may not be cancelled unless he has undergone a medical examination, at his own expense, and satisfied it as to his good health.

(3) Where a contributions election is cancelled—

(a) the person shall resume the making of pension contributions; and

(b) shall again be a firefighter member of the Scheme,

with effect from the first day on which begins the pay period falling after the date on which the notice under paragraph (1) is received.

Scheme Cessation

10.  This Scheme ceases to apply on the day on which a Scheme is brought into operation under paragraph 6(2)(b) of Schedule 1 to the Fire and Rescue Services (Northern Ireland) Order 2006.

(1)

2004 c.12. See also Schedule 36 to the Finance Act 2004, amended by the Finance Act 2005 (c.7). Schedule 10, paragraph 1.