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The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008

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7.  In Part 7 (reservists)—

(a)in article 43 (continuity or employment)—

(i)in paragraph (2), for “pensionable”, substitute “additional”;

(ii)for paragraph (3) substitute—

(3) For the purposes of calculating the amount of a reservist’s pension contributions under article 63—

(a)where he was a regular firefighter immediately before the forces period in question the pay that he would have received from the Board during his forces period shall be taken to be his pay for that period (his “notional regular pay”); and

(b)where he was a retained or volunteer firefighter immediately before the forces period in question, the amount determined by multiplying the average of his pensionable pay for the period of 12 months that immediately preceded his forces period (expressed as a daily rate) by the number of days in his forces period shall be taken to be his pay for that period (his “notional retained or volunteer pay”),

but this is subject to paragraph (4).

(4) In respect of any period during a reservist’s forces period in which the aggregate of—

(a)his actual pay, and

(b)any payments that he receives under section 4 of the 1996 Act,

is less than his notional regular pay or, as the case may be, his notional retained or volunteer pay for that first-mentioned period, he shall be treated as having no pensionable pay (and, accordingly, no liability to make pension contributions).(1); and

(b)in article 44 (awards on death or permanent disablement), for paragraph (2) substitute—

(2) Where a reservist dies—

(a)during his forces period; or

(b)while receiving a pension under paragraph (1),

an award shall be payable in accordance with paragraphs (3) and (4)..

(1)

See, as to pension payments, regulation 5 of the Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 2005 (S.I. 2005/859).

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