The Firefighters' Pension Scheme Regulations (Northern Ireland) 2015 No. 78

SCHEDULES

SCHEDULE 2 N.I. Transitional provisions

[F1 PART 3B N.I. Payment of death benefits in respect of transition members

Textual Amendments

F1 Sch. 2 Pts. 3A-3D inserted (retrospective to 1.4.2015) by The Firefighters Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/420), reg. 1(2), Sch. 1 para. 7(d)

Annual rate of pensions for surviving partners payable under this scheme when certain transition members die in service with accrued benefits in the FPS N.I.

26.— (1) This paragraph applies in relation to a transition member who—

(a) was in pensionable service in the FPS until the day before the transition date;

(b) has continued in pensionable service in scheme employment, or to be treated as an active member of this scheme, until that member dies; and

(c) dies as an active member of this scheme.

(2) Awards for surviving spouses and civil partners are not payable under Part C (awards on death – spouses or civil partners) of the FPS in respect of a member to whom this paragraph applies.

(3) A surviving spouse or civil partner of a member to whom this paragraph applies is not entitled to receive a bereavement pension under article 43 of the FPS.

Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the NFPS N.I.

27.— (1) This paragraph applies in relation to a transition member with continuity of service who is a connected member of the NFPS or a connected special member of the NFPS—

(a) who dies as an active member of this scheme; and

(b) whose period of qualifying service is at least 3 months.

(2) Pensions for an eligible child are not payable under the NFPS in respect of that member.

Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the FPS N.I.

28.— (1) This paragraph applies in relation to a transition member who—

(a) was in pensionable service in the FPS until the day before the transition date;

(b) has continued in pensionable service in scheme employment, or has been treated as an active member of this scheme, until that member dies; and

(c) dies as an active member of this scheme.

(2) Awards for an eligible child are not payable under Part D (awards on death – children) and a bereavement pension is not payable under article 43A of the FPS in respect of that member.

Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the NFPS N.I.

29.— (1) This paragraph applies in relation to a transition member (T) who is a member of the NFPS and who dies as an active member of this scheme.

(2) Subject to paragraph (3), where T dies as a pensioner member of the NFPS, the amount of the lump sum death benefit payable under this scheme is the greater of the amount of the lump sum death benefit payable under regulation 104(2) and the amount of post-retirement death grant payable under article 36 (post-retirement death grant) of Part 5 of the NFPS.

(3) Where T at the time of T’s death was a pensioner member of this scheme and an active member of this scheme, and regulation 106 (lump sum payable on death in certain cases) applies, in a case where the greater amount of the lump sum death benefit payable is that under regulation 105 (lump sum payable on death of pensioner member), “regulation 104” in sub-paragraph (2) is to be read as “regulation 105”.

Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the FPS N.I.

30.— (1) This paragraph applies in relation to a transition member (T) who is a member of the FPS and who dies as an active member of this scheme.

(2) Sub-paragraph (3) applies where paragraph (5A) of article 2 of the FPS applied to T immediately before T died and a lump sum death grant of an amount specified in regulation 104(2) (lump sum payable on death of active member) of this scheme is payable to those persons that the scheme manager determines under regulation 103 (person to whom lump sum death benefit payable) and—

(a) a lump sum death grant has been paid under article 37 of the FPS,

(b) a payment of the balance of contributions has been made under article 39 of the FPS, or

(c) a dependent relative’s gratuity has been paid under article 38 of the FPS.

(3) Where this sub-paragraph applies, any payments which are referred to in sub-paragraph (a) or (b) or (c) of paragraph (2) and which have been made must be deducted from the lump sum death grant payable under regulation 104.

(4) Sub-paragraph (5) applies where T dies as a deferred member of the FPS or in receipt of a pension from that Scheme and a lump sum death grant of an amount specified in regulation 104(2) of this scheme is payable to those persons that the scheme manager determines under regulation 103 and—

(a) a dependent relative’s gratuity has been paid under article 38 of the FPS, or

(b) an amount of post retirement death grant has been paid under article 39.

(5) Where this sub-paragraph applies, the payments which are referred to in sub-paragraph (a) or (b) of paragraph (4) and which have been made must be deducted from the amount of lump sum death grant payable under regulation 104.]