Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 6PENSION SHARING ON DIVORCE

Pension credit member’s entitlement to pension

37.—(1) A pension credit member is entitled to a pension for life which becomes payable—

(a)when he attains the age of 65; or

(b)if it is later, when the pension sharing order under which he is entitled to the pension credit takes effect.

(2) The pension must be of such an amount that its actuarial value is equal to the member’s pension credit, as calculated from tables prepared by the Scheme Actuary and in accordance with regulations made under paragraph 5(b) of Schedule 5 to the 1999 Order.

Commutation of whole of pension credit benefits

38.—(1) In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000(1) (commutation of pension credit benefit: small pensions), the Board may with the agreement of the pension credit member, commute for a lump sum the whole of the pension to which a pension credit member is entitled under article 37 if, after commutation, the lump sum would be a trivial commutation lump sum death benefit within the meaning of paragraph 20 of Schedule 29 to the Finance Act 2004.

(2) The lump sum commuted under paragraph (1) is the actuarial equivalent of the pension at normal benefit age, calculated from tables prepared by the Scheme Actuary.

Commutation of part of pension credit benefits

39.—(1) Subject to paragraph (3), a pension credit member may commute for a lump sum a portion of the pension to which he is entitled or prospectively entitled to under article 37 (“the commuted portion”).

(2) The commuted portion must not exceed—

(a)one quarter of the amount of the pension; or

(b)the annual rate of the pension for the year that it is payable, disregarding—

(i)the reduction resulting from the application of this article; and

(ii)any reduction resulting from the application of another provision of this Scheme.

(3) Paragraph (1) does not apply if the pension debit member from whose rights the pension credit member’s pension credit is derived has received a lump sum under article 19 (commutation: general) before the date on which the pension sharing order takes effect.

(4) A person who wishes to commute a portion of a pension under paragraph (1) must give the Board written confirmation of the commutation, not later than the day before the pension comes into payment and not earlier than four months before—

(a)the date on which the person attains normal benefit age; or

(b)the date on which the pension sharing order takes effect,

whichever is the later.

(5) Notice of commutation must specify the commuted portion.

(6) A person’s notice of commutation takes effect on the date on which the pension under article 37 becomes payable.

(7) When a person’s notice of commutation takes effect, the Board shall—

(a)reduce the pension by the commuted portion;

(b)calculate the lump sum by multiplying by 12 the amount of the person’s pension represented by the commuted portion at the date of retirement; and

(c)pay him the lump sum as soon as reasonably practicable after—

(i)the date on which he attains normal benefit age; or

(ii)the date on which the pension sharing order takes effect,

whichever is the later.

Application of general rules

40.—(1) The provisions of this Scheme specified in paragraph (2) apply to pension credit members and awards payable to or in respect of them; but except where other provision is made by this Part or a contrary intention appears—

(a)this Scheme shall not apply to pension credit members and benefits payable to or in respect of them, except if and to the extent that they are also members of this Scheme in another capacity or they are also dependants of a member; and

(b)benefits payable to or in respect of a pension credit member may not be aggregated with benefits payable to or in respect of him—

(i)in any other capacity; or

(ii)as a pension credit member, deriving from any other pension debit member.

(2) The provisions are—

(a)article 46 (determinations and decisions by the Board);

(b)article 54 (withdrawal of pension on conviction of certain offences);

(c)article 95 (deduction of tax and lifetime allowance);

(d)article 96 (payment of awards);

(e)article 98 (payments for minors and persons incapable of managing their affairs); and

(f)article 99 (payment of awards: further supplementary provision).

Post-retirement death grant: pension credit members

41.—(1) Where—

(a)a pension credit member dies within five years of the pension under article 37 coming into payment and before his 75th birthday; and

(b)there is a difference between—

(i)the amount that is five times the pension, calculated at the annual rate effective on the day that it came into payment; and

(ii)the aggregate of—

(aa)the instalments of pension that have been paid; and

(bb)any lump sum received on commutation under article 39.

the Board shall pay a post-retirement death grant of the amount of that difference.

(2) The grant may be paid, in whole or in part, to such person or persons as the Board thinks fit.

(3) For the purposes of paragraph (1), any increases which, if the pension had continued in payment, would have been taken into account, shall be disregarded.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources