The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2008.

1.  In Part 1 (general provisions)—

(a) in rule 2(1) (interpretation)—

(i) omit the definitions of “Pension Scheme”, “pensionable pay” and “pensionable service”, “retained firefighter” and “volunteer firefighter”;

(ii) after the definition of “the 2006 Order”, insert the following definitions—

““the Firefighters’ Pension Scheme” means the Firefighters’ Pension Scheme (Northern Ireland) as set out in the Firefighters’ Pension Scheme Order (Northern Ireland) 2007(1);

“the New Firefighters Pension Scheme” means the New Firefighters’ Pension Scheme (Northern Ireland) as set out in the New Firefighters Pension Scheme Order (Northern Ireland) 2007(2);” and

(iii) in the definition of “average pensionable pay” for “the Pension Scheme”, substitute “the Firefighters’ Pension Scheme”; and

(iv) insert, in the appropriate places, the following definitions—

““final pensionable pay” shall be construed in accordance with article 62 of the New Firefighters’ Pension Scheme;

“normal benefit age” has the meaning given by article 6(2) of the New Firefighters’ Pension Scheme;

“pensionable pay”—

(a)

in relation to the Firefighters’ Pension Scheme shall be construed in accordance with article 56 of that Scheme;

(b)

in relation to the New Firefighters’ Pension Scheme shall be construed in accordance with article 61 of that Scheme;

“pensionable retained service”, in relation to a retained or volunteer firefighter, means the same proportion of whole-time service as that which his actual annual pensionable pay bears to his reference pay;

“pensionable service”—

(a)

in relation to the Firefighters’ Pension Scheme, shall be construed in accordance with article 45 of that Scheme;

(b)

in relation to the New Firefighters’ Pension Scheme, shall be construed in accordance with articles 56 to 60 of that Scheme;

“reference pay”, in relation to the pensionable pay of a retained or volunteer firefighter for any period, means the whole-time equivalent pensionable pay for that period of a regular firefighter employed in a similar role and with equivalent qualifying service;

“retained firefighter” and “retained or volunteer firefighter” mean 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 fire-fighting 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, and

(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;”.

(1)

S.R. 2007 No. 144

(2)

S.R. 2007 No. 215