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Statutory Rules of Northern Ireland

2007 No. 143

FIRE SERVICES

PENSIONS

The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

Made

5th March 2007

Coming into operation

2nd April 2007

The Department of Health, Social Services and Public Safety, in exercise of the powers conferred by Article 10(1), (3), (4) and (5) of the Fire Services (Northern Ireland) Order 1984(1) and now vested in it(2) and with the approval of the Department of Finance and Personnel(3), in accordance with Article 10(1) of that Order, makes the following Order:

Citation, commencement, effect and interpretationN.I.

1.—(1) This Order may be cited as the Firefighters’ Compensation Scheme Order (Northern Ireland) 2007 and shall come into operation on 2nd April 2007; but—

(a)rule 3 of Part 2 of the Compensation Scheme (compensation for death or permanent incapacity while on duty), and so much of that Scheme as relates to that rule, shall have effect from 1st April 2000; and

(b)the remainder of the Compensation Scheme shall have effect from 1st April 2006.

(2) In this Order—

“the Compensation Scheme” means the Firefighters’ Compensation Scheme (Northern Ireland) 2007, set out in the Annex; and

“the Pension Scheme” means the Scheme set out in the Annex to the Firefighters’ Pension Scheme Order (Northern Ireland) 2007(4).

Commencement Information

I1Art. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

New compensation scheme for firefightersN.I.

2.—(1) Subject to articles 3 and 4, the Compensation Scheme (which makes provision for the payment of pensions, allowances and gratuities to and in respect of persons who die or are permanently disabled as the result of an injury sustained or disease contracted while employed by the Northern Ireland Fire and Rescue Service) shall have effect.

(2) The corresponding provisions of the Firemen’s Pension Scheme and the provisions of the Compensation Scheme to which they correspond are set out in Schedule 7.

Commencement Information

I2Art. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

General transitional provisionsN.I.

3.—(1) Where—

(a)a provision of the Compensation Scheme (“the new provision”) re-enacts a provision of the Firemen’s Pension Scheme Order (Northern Ireland)(5) (“the old provision”) with any modification; and

(b)a person to whom a protected benefit was being paid or might become payable is placed in a worse position than he would have been in if the old provision had continued to have effect,

he may, by giving written notice to the Board, elect that the new provision is to apply in relation to the benefit as if it had re-enacted the old provision without modification.

(2) Notice under paragraph (1) must be given not later than 16th April 2007.

(3) For the purposes of paragraph (1), a protected benefit is one paid, or capable of becoming payable, to or in respect of a person who, before 1st April 2006, ceased to be a member of the fire brigade or died.

Commencement Information

I3Art. 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Transitional provision: decisions and determinations made before 1st April 2006N.I.

4.—(1) With the exception of rule 3 of Part 2, the Compensation Scheme shall not have effect in relation to a person in respect of whom a determination or decision under the Pension Scheme relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of article 7 of the Pension Scheme) has been made before 1st April 2006.

(2) In a case to which paragraph (1) applies, the provisions of the Pension Scheme, in the form in which they exist immediately before 1st April 2006, shall continue to have effect in relation to such a person.

Commencement Information

I4Art. 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 5th March 2007

Legal seal

Nigel Carson

A senior officer of the Department of Health, Social Services and Public Safety

The Department of Finance and Personnel approves this Order.

Sealed with the Official Seal of the Department of Finance and Personnel on 5th March 2007

Legal seal

Dr Mary McIvor

A senior officer of the

Department of Finance and Personnel

Article 2

ANNEXN.I.The Firefighters’ Compensation Scheme (Northern Ireland) 2007

PART 1N.I.GENERAL PROVISIONS

Citation, commencement and effectN.I.

1.—(1) This Scheme may be cited as the Firefighters’ Compensation Scheme (Northern Ireland) 2007.

(2) With the exception of rule 3 of Part 2 (compensation for death or permanent incapacity while on duty), the provisions of this Scheme have effect from 1st April 2006.

(3) Rule 3 of Part 2 has effect from 1st April 2000.

Commencement Information

I5Annex Scheme Pt. 1 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

InterpretationN.I.

2.—(1) In this Scheme—

“the 1984 Order” means the Fire Services (Northern Ireland) Order 1984(6);

“the 2006 Order” means the Fire and Rescue Services (Northern Ireland) Order 2006(7);

[F1“the 2015 Regulations” means the Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015;

“the 2015 Scheme” means the Firefighters’ Pension Scheme 2015 set out in the 2015 Regulations;]

[F2“the Firefighters’ Pension Scheme” means the Firefighters’ Pension Scheme (Northern Ireland) as set out in the Firefighters’ Pension Scheme Order (Northern Ireland) 2007;

“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;]

[F3“active member of the 2015 Scheme” has the meaning given in regulation 28 (active membership) of the 2015 Regulations;

“active member’s account” means the account established under regulation 40 (establishment of active member’s account) of the 2015 Regulations;]

“amount”, in relation to a pension or allowance, means its annual amount;

“average pensionable pay” has the same meaning as in [F4the Firefighters’ Pension Scheme];

“award” means a pension, allowance or gratuity under this Scheme;

“child”, in relation to a person who has died, means—

(a)

a legitimate or illegitimate child, step-child or adopted child of his, and

(b)

any other child who was substantially dependent on him and either is related to him or is the child of his spouse or civil partner;

and “parent” shall be construed accordingly;

“disabled”, “disablement” and “permanent disablement” shall be construed in accordance with rule 8 of this Part ;

[F5“eligible child’s pension” has the meaning given in regulation 92 (eligible child’s pension) of the 2015 Regulations;

“final pay” has the meaning given in regulation 101 (meaning of “final pay”) of the 2015 Regulations;]

“the Board” means the Northern Ireland Fire and Rescue Service Board;

“[F6independent qualified medical practitioner]” means a medical practitioner holding a diploma in occupational medicine or an equivalent or higher qualification issued by a competent authority in an EEA State, or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine(8) or an equivalent institution of an EEA State; and for the purposes of this definition “a competent authority” has the meaning given by [F7section 55(1) of the Medical Act 1983];

[F8“final pensionable pay” shall be construed in accordance with article 62 of the New Firefighters’ Pension Scheme;]

“injury” includes disease;

[F9“member of the 2015 Scheme” has the same meaning as “member” in regulation 3 (interpretation) of the 2015 Regulations;]

[F8“normal benefit age” has the meaning given by article 6(2) of the New Firefighters’ Pension Scheme;]

[F10“normal pension age” in relation to employees of the Board appointed on terms under which they are or may be required to engage in firefighting—

(a)

in relation to the Firefighters’ Pension Scheme means 55;

(b)

in relation to the New Firefighters’ Pension Scheme means 60;

(c)

in relation to the 2015 Scheme means 55;]

“pension” means a pension under this Scheme;

F11...

[F12“pensionable pay”—

(a)

in relation to a person who is a member of the Firefighters’ Pension Scheme shall be construed in accordance with article 56 of that Scheme;

(b)

in relation to a person who is a member of the New Firefighters’ Pension Scheme shall be construed in accordance with article 61 of that Scheme;

(c)

[F13in relation to a person who is a member of the 2015 Scheme, shall be construed in accordance with regulation 26 (pensionable pay) of the 2015 Regulations;

(d)

in the case of a person who is not a member of any of these schemes, shall be construed in accordance with rule 11 of this Part;]]

F11...

[F8“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;]

[F8“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;

(c)

[F14in relation to the 2015 Scheme, means the continuous period of pensionable service, in relation to an active member’s account for the scheme employment in respect of which the award under this scheme is payable and any of the following types of service that have been added to, or transferred to, that account—

(i)

if applicable, any periods of pensionable service in relation to the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme that relates to the person’s employment which is the same as, or most similar to, the employment in respect of which the award is payable;

(ii)

if applicable, any periods of pensionable service relating to any transfer value payments accepted under Part 10 (transfers) of the 2015 Regulations in respect of the person’s accrued rights under another occupational pension scheme;

(iii)

if applicable, any periods of service relating to any pension account entries transferred in accordance with regulation 157 (transfer of pension account entries) of the 2015 Regulations; and

(iv)

if applicable, any periods of service relating to an added pension account established under regulation 47 (establishment of added pension account) of the 2015 Regulations relating to the member’s scheme employment in respect of which the award is payable, such periods of service are to be calculated in accordance with such guidance as is provided for the purpose by the Government Actuary.]]

“qualifying injury” shall be construed in accordance with rule 7 of this Part ;

[F8“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;]

“regular firefighter” means a person who is employed—

(a)

by the Board as a firefighter (whether whole-time or part-time), other than as a retained or volunteer firefighter, and

(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) and whose employment is not temporary;

[F15“relevant service”, except in rule 1 of Part 7 (servicemen) and rule 1 of Part 7A (reservists), means service which either was, or would have been, reckonable as pensionable service but for—

(a)

an election under article 59 of the Firefighters’ Pension Scheme;

(b)

an election under article 8 of Part 2 of the New Firefighters’ Pension Scheme;

(c)

the exercise of an option not to become an active member of the 2015 Scheme in accordance with Chapter 2 (pensionable service) of Part 3 of the 2015 Regulations;

(d)

a failure to elect under—

(i)

article 58 of the Firefighters’ Pension Scheme;

(ii)

article 64 of Part 11 of the New Firefighters Pension Scheme;

(iii)

regulation 121(3) (contributions during child-related leave) of the 2015 Regulations; or

(e)

a failure to exercise an option to become an active member of the 2015 Scheme in accordance with regulation 21 (opting into this scheme) of the 2015 Regulations;]

[F16“retained firefighter” means a person who is employed by the Board—

(a)

as a retained firefighter, but not as a regular firefighter or a volunteer 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;]

F11...

“retire” shall be construed in accordance with rule 11 of this Part;

[F17“scheme employment” has the meaning given in regulation 15 (scheme employment) of the 2015 Regulations;]

“state pensionable age” means pensionable age as determined in accordance with the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995(9);

“surviving spouse” means a widow or widower; and

[F18“volunteer firefighter” means a person who is employed by the Board—

(a)

as a volunteer firefighter but not as a regular firefighter or a retained firefighter,

(b)

on terms under which he is, or may be, required to engage in fire-fighting or 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; ]

F11...

(2) Where this Scheme requires anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

Textual Amendments

Commencement Information

I6Annex Scheme Pt. 1 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F19Exclusive application to regular and retained firefighters]N.I.

3.—(1) Subject to paragraph (3) and Part 8 (special cases), this Scheme applies in relation to [F20regular and retained firefighters] and their spouses or civil partners and dependants to the exclusion of pension provision under any enactment other than Article 10 of the 1984 Order and the Pension Schemes (Northern Ireland) Act 1993 (10).

(2) In paragraph (1) “pension provision” means any provision for the payment of an award, on death or permanent disablement, in respect of employment as a [F21regular or retained firefighter].

(3) A person who is not an employee of the Board but whose employment is, under rule 4 or 5 of this Part, treated for the purposes of this Scheme as employment as a regular firefighter, is not a regular firefighter for the purposes of this rule.

Textual Amendments

Commencement Information

I7Annex Scheme Pt. 1 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Application to temporary employment connected with fire servicesN.I.

4.—(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered temporary employment.

(2) For the purposes of this rule temporary employment is employment, on duties connected with the provision of fire and rescue services—

(a)as an instructor at the central training institution or any training centre maintained by the Secretary of State, or

(b)as an inspector appointed under Article 55 of the 2006 Order or under section 24 of the Fire Services Act 1947; or

(c)in pursuance of arrangements made by the Secretary of State in connection with the training in fire-fighting of members of the armed forces of the Crown, or

(d)in pursuance of arrangements made by the Secretary of State, in connection with the training and organisation of fire-fighting forces in any country or territory outside the United Kingdom.

(3) Where this rule applies the person’s temporary employment shall be treated for the purposes of this Scheme as employment by the Board; and this Scheme applies in relation to the temporary employment as if—

(a)he were, and his duties were duties as, a regular firefighter;

(b)his pay and role were the same as they would have been had he not ceased to perform duties as a regular firefighter;

(c)any reference to employment with the Board were a reference to the temporary employment, and

(d)any reference to the Board were a reference to the Secretary of State.

Commencement Information

I8Annex Scheme Pt. 1 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Application to permanent employment as instructorN.I.

5.—(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered permanent employment.

(2) For the purposes of this rule permanent employment is employment, on duties connected with the provision of fire and rescue services, as an instructor at the central training institution or any training centre maintained by the Secretary of State.

(3) Where this paragraph applies the person’s permanent employment shall be treated for the purposes of this Scheme as employment by the Board and this Scheme applies in relation to the permanent employment as if—

(a)he were, and his duties were duties as, a regular firefighter, and

(b)any reference to the Board were a reference to the Secretary of State.

Commencement Information

I9Annex Scheme Pt. 1 rule 5 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Reckoning of service for purposes of awardsN.I.

6.—(1) Subject to paragraph (3), for the purpose of calculating an award payable to or in respect of an employee of the Board by reference to any period in years (including a period of pensionable or other service) the period shall be reckoned as—

A + (B ÷ 365) years

where—

A is the number of completed years in the period, and

B is the number of completed days in any remaining part of a year,

and a part of a year which includes 29th February in a leap year and comprises 365 days shall be treated as a whole year.

(2) Where, for the purpose of calculating an award payable to or in respect of a [F22regular or retained firefighter]—

(a)it is necessary to determine his pensionable service reckonable by reason of service or employment before or after a particular date (“the material date”), and

(b)by virtue of the receipt by the Board of a transfer value, he is entitled to reckon a period of pensionable service (“the credited period”) by reason of service or employment for a period (“the previous employment period”) which includes that date,

the credited period counts as pensionable service reckonable by reason of service or employment before and after the material date in the same proportion as that between the parts of the previous employment period falling before and after the material date.

(3) Subject to rule 2 of Part 8 (special cases: award for or in relation to a [F23volunteer firefighter]) F24..., any period of service [F25as a retained firefighter or] as a part-time employee of the Board shall be treated as service as a whole-time employee of the Board when calculating a person’s [F26relevant service].

Textual Amendments

Commencement Information

I10Annex Scheme Pt. 1 rule 6 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Qualifying injuryN.I.

7.—(1) Except in—

(a)rule 3 of Part 2 (compensation for death or permanent incapacity while on duty),

(b)rule 2 of Part 8 (special cases: award for or in relation to a F27... volunteer firefighter), and

(c)rule 3 of Part 10 (prevention of duplication),

references in this Scheme to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a [F28regular or retained firefighter].

(2) In rule 3 of Part 2, references to a qualifying injury are references to an injury received by a person in the exercise of his duties as a regular, retained or volunteer firefighter.

(3) In rule 2 of Part 8 F29..., references to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a F30... volunteer firefighter.

(4) For the purposes of this Scheme an injury shall be treated as having been received by a person without his own default unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.

Textual Amendments

Commencement Information

I11Annex Scheme Pt. 1 rule 7 in operation at 2.4.2007 with effect in accordance with art. 1(1)

DisablementN.I.

8.—(1) References in this Scheme to a person’s being permanently disabled are references to his being disabled at the time when the question arises for decision and to his disablement being at that time likely to be permanent.

(2) In determining whether a disablement is permanent, the Board shall have regard to whether the disablement will continue until the person’s normal pension age.

(3) Subject to paragraph (4), disablement means incapacity, occasioned by infirmity of mind or body, for the performance of duty, except that, in relation to a child, it means incapacity, so occasioned, to earn a living.

(4) Where it is necessary to determine the degree of a person’s disablement, it shall be determined by reference to the degree to which his earning capacity has been affected as a result of a qualifying injury.

(5) Where, as a result of a qualifying injury, a person is receiving in-patient treatment at a hospital, he shall be treated as being totally disabled.

(6) Where—

(a)a person has retired before becoming disabled; and

(b)the date on which he becomes disabled cannot be ascertained,

it shall be taken to be the date on which the claim that he is disabled is first made known to the Board.

Commencement Information

I12Annex Scheme Pt. 1 rule 8 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Death or infirmity resulting from qualifying injuryN.I.

9.—(1) Except for the purposes of rule 3 of Part 2 a person shall be taken to have died from the effects of a qualifying injury if it appears that, had he not suffered that injury, he would not have died when he did.

(2) Except for the purposes of rule 3 of Part 2, in the case of a person who has died or become permanently disabled, any infirmity of mind or body shall be taken to have been occasioned by an injury if the injury caused or substantially contributed to the infirmity or, as the case may be, the person’s death.

Commencement Information

I13Annex Scheme Pt. 1 rule 9 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Effective date of retirementN.I.

10.—(1) For the purposes of this Scheme an employee of the Board shall be taken to retire immediately after his last day of service.

Commencement Information

I14Annex Scheme Pt. 1 rule 10 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F31Determining pensionable pay in certain casesN.I.

11.—(1) Where an award is to be calculated in respect of a person who is not, or was not, a member of the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme [F32or the 2015 Scheme], the definition of “pensionable pay” shall be construed in accordance with—

(a)article 56 of the Firefighters’ Pension Scheme in the case of a person who elected not to pay pension contributions under article 59 of that Scheme;

(b)article 61 of the New Firefighters’ Pension Scheme in the case of a person who elected not to pay pension contributions under article 8 of Part 2 of that Scheme;

[F33(c)regulation 26 of the 2015 Regulations in the case of a person who—

(i)exercised an option not to become an active member of the 2015 Scheme in accordance with Chapter 2 of Part 3 of the 2015 Regulations; or

(ii)did not exercise an option to become an active member of the 2015 Scheme in accordance with regulation 21 of the 2015 Regulations; and

(d)article 61 of Part 11 of the New Firefighters’ Pension Scheme where an election had been made at different times under the Firefighters’ Pension Scheme and the New Firefighters’ Pension Scheme;

(e)except where sub-paragraph (d) applies, regulation 26 of the 2015 Regulations, in the case of a person who had at different times, in relation to all of the schemes (namely, the Firefighters’ Pension Scheme, the New Firefighters’ Pension Scheme and the 2015 Scheme), or a combination of any two of them—

(i)made an election referred to in sub-paragraph (a) or sub-paragraph (b); or

(ii)exercised or not exercised an option referred to in sub-paragraph (c),

as the case may be.]

(2) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the Firefighters’ Pension Scheme, his award shall be calculated on the basis of the pay which would have been his average pensionable pay if he had not made an election.

(3) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the New Firefighters’ Pension Scheme, his award shall be calculated on the basis of the pay which would have been his final pensionable pay if he had not made an election.

[F34(3A) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the 2015 Scheme, the award must be calculated on the basis of the pay which would have been the final pay if he had not, in respect of sub-paragraph (c)(i), exercised an option; or in respect of sub-paragraph (c)(ii) failed to exercise an option.]

(4) For the purposes of calculating a retained firefighter’s pensionable pay (whether or not that person is or was a member of the New Firefighters’ Pension Scheme), the Board shall determine the period of the person’s service from its records.

(5) Where the Board is not able to determine the period of the person’s service from its records, the person, or any other person entitled to an award under this Scheme, may provide the Board with documents to assist it to determine the person’s period of service.

(6) Where the Board is not able to determine the period of the person’s service and the Board does not hold records of that person’s pay for that period, and the necessary documents cannot be provided in accordance with paragraph (5), the Board may estimate the person’s pensionable pay for that period from the records which it holds and may in particular estimate this on the basis of the average of recent pay data for retained firefighters at the same station or stations at that at which the person was based for the relevant period.]

Textual Amendments

PART 2N.I.INJURY AWARDS AND DUTY-RELATED COMPENSATION

Injury awardsN.I.

1.—(1) This rule applies to a F35... firefighter who has retired and is permanently disabled if the infirmity was occasioned by a qualifying injury.

(2) The firefighter is entitled—

(a)to a gratuity; and

(b)subject to paragraphs (3) and (4), to an injury pension,

both calculated in accordance with Schedule 1.

(3) Payment of an injury pension is subject to paragraph 4 of Part 1 of Schedule 1.

(4) Where the firefighter retired before becoming permanently disabled, no payment in respect of an injury pension shall be made for the period before he became permanently disabled.

Textual Amendments

Commencement Information

I15Annex Scheme Pt. 2 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F36Part-time membersN.I.

2.—(1) Where a person is entitled to an award under [F37rule 1] and some or all of his service, F38..., is part-time service, his award shall be calculated in accordance with Part 2 of Schedule 1.

(2) Where a person—

(a)first takes up employment with the Board as a F39... volunteer firefighter on or after 6th April 2006; and

(b)is entitled to an award under [F40rule 1],

his award shall be calculated in accordance with Part 3 of Schedule 1.

[F41(3) Where a person—

(a)is employed as a retained firefighter; and

(b)is entitled to an award under rule 1,

his award shall be calculated in accordance with Part 3 of Schedule 1.]]

Textual Amendments

Compensation for death or permanent incapacity while on dutyN.I.

3.—(1) This rule applies—

(a)in relation to a firefighter whose death is caused solely by the effects of a qualifying injury sustained in the performance of his duties as a firefighter; and

(b)to a firefighter who is permanently incapacitated at the date of discharge for carrying on any occupation solely by reason of a qualifying injury sustained in the performance of his duties as a firefighter.

(2) Subject to paragraphs (4) and (6) to (8), the Board shall pay—

(a)to the firefighter; or

(b)if he dies within twelve months of the date on which he sustained the injury that was the cause of his death—

(i)to his dependants, for their joint benefit; or

(ii)if he has only one dependent, to that person,

the amount ascertained in accordance with paragraph (3).

(3) The amount is equal to five times the annual pensionable pay that a competent firefighter employed in the same role by the Board would receive calculated—

(a)on the assumption that the firefighter had completed four years’ service; and

(b)using the rate of pay applicable at the date on which the injury was sustained.

(4) If the firefighter dies within the period referred to in paragraph (2)(b) leaving no dependants, the Board shall, subject to paragraphs (6) to (8), pay to his personal representative, for the benefit of his estate, the sum of £950.

(5) The recipient of a payment under paragraph (2) or (4)—

(a)shall notify the Board of the subsequent receipt by him, or where payment is made in the circumstances mentioned in paragraph (2)(b), by dependant of the deceased, of any payment by way of compensation or damages referable to the qualifying injury (including the receipt of any such payment from the Board); and

(b)shall, unless that payment has already been abated by virtue of paragraph (7), pay to the Board such amount as may be notified to him by the Board as the amount to which the Board is entitled under paragraph (7).

(6) Where the firefighter’s serious and culpable negligence or misconduct contributed in any material respect to the circumstances in which his qualifying injury was sustained, the Board may reduce the amount or sum referred to in paragraph (2) or (4) by such amount as it considers appropriate.

(7) The Board shall abate a payment under paragraph (2) or (4) by the amount of any compensation or damages received as mentioned in paragraph (5)(a).

(8) The Board shall deduct from the amount that would otherwise be payable as mentioned in paragraph (2) or (4) the amount of any gratuity payable under this Scheme or [F42the Firefighters’ Pension Scheme, or any lump sum payable under the New Firefighters’ Pension Scheme] [F43or the 2015 Scheme], other than the amount of the gratuity that represents the difference between the gratuity payable under rule 1 of Part 3 (special award) and the gratuity payable under rule 2 of that Part (augmented award).

(9) For the purposes of this rule—

(a)a firefighter is competent for pay purposes if—

(i)having been assessed, he has been found to be competent in the performance of the duties of his role; and

(ii)he is paid at the rate appropriate to competent firefighters performing the same role;

(b)the dependants of a deceased firefighter are—

(i)any spouse or civil partner who is living with the firefighter at the date of his death;

(ii)any spouse or civil partner who is not living with the firefighter at that time but who is wholly or substantially dependent on him for financial support;

(iii)any unmarried partner (other than a civil partner) who had been living with the firefighter in a long-term relationship (his “long-term partner”);

(iv)any dependent child who at the date of the firefighter’s death—

(aa)is under 16; or

(bb)is under 19 and is undergoing full-time education or full-time vocational training;

(v)any parent of his who at the date of his death is wholly or substantially dependent on him for financial support; and

(vi)any brother, sister, daughter or son of his who at the date of his death is—

(aa)over the age of 19; and

(bb)wholly or substantially dependent on him for financial support.

(10) In paragraph (9)(b)(iii), “long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for the period of at least two years ending with the date of the firefighter’s death or such shorter period as the Board may in any particular case allow.

Textual Amendments

Commencement Information

I16Annex Scheme Pt. 2 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Commutation of small compensatory pensionsN.I.

4.—(1) Where the total amount of—

(a)any pension under rule 1 payable to a person who has attained state pensionable age; and

(b)any pension to which he is entitled under article 74 of [F44the Firefighters’ Pension Scheme or article 37 of the New Firefighters’ Pension Scheme] (pension credit member’s entitlement to pension) [F45or regulation 113 of the 2015 Regulations (entitlement to pension credit members’ pension)]; and

(c)any increase under the Pensions (Increase) Act (Northern Ireland) 1971(11),

does not exceed the commutation limit for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 (lump sum rule)(12), the Board may commute the pension for a lump sum.

(2) The amount of a lump sum under this rule is the actuarial equivalent calculated from tables prepared by the Government Actuary.

Textual Amendments

Commencement Information

I17Annex Scheme Pt. 2 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

PART 3N.I.AWARDS ON DEATH: SPOUSES AND CIVIL PARTNERS

Special award for spouse or civil partnerN.I.

1.—(1) This rule applies where a person who is or has been a [F46regular or retained firefighter] dies from the effects—

(a)of a qualifying injury; or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse or civil partner.

(2) Subject to rules [F473, 4 and 6], the surviving spouse or civil partner is entitled—

(a)to a special pension calculated in accordance with Part 1 of Schedule 2; and

(b)subject to paragraph (5), to a gratuity.

(3) Where the deceased died while serving as a [F48regular or retained firefighter], the amount of the gratuity is the total of 25% of his average pensionable pay [F49or his final pensionable pay or his final pay, as the case may be] and the greater of—

(a)as regards a surviving spouse—

(i)his average pensionable pay [F49or his final pensionable pay or his final pay, as the case may be]; and

(ii)two and a quarter times the amount of the pension that would have been payable under article 17 of [F50the Firefighters’ Pension Scheme or article 12 of the New Firefighters’ Pension Scheme] (ill-health award) [F51or regulation 73 of the 2015 Regulations] if on the date of his death he had retired on the ground of permanent disablement;

(b)as regards a surviving civil partner—

(i)his average pensionable pay [F49or his final pensionable pay or his final pay, as the case may be]; and

(ii)two and a quarter times such amount as bears to the amount of the pension referred to in sub-paragraph (a)(ii) to which he would have been entitled had he been the deceased’s surviving spouse, the same proportion that the deceased’s service after 5th April 1988 bears to the whole of his pensionable service.

(4) In any other case the amount of the gratuity is 25% of the deceased’s average pensionable pay [F52or, [F53his final pensionable pay or his final pay, as the case may be]].

(5) Where the deceased was entitled to an injury gratuity under rule 1 of Part 2 (injury award)—

(a)if it was of the same or a larger amount, no gratuity is payable under this rule; and

(b)if it was of a smaller amount, the gratuity under this rule shall be reduced by that amount.

Textual Amendments

Commencement Information

I18Annex Scheme Pt. 3 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Augmented award for spouse or civil partnerN.I.

2.—(1) This rule applies where a person who is or has been a [F54regular or retained firefighter] dies from the effects—

(a)of a qualifying injury; or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse or civil partner, and one of the conditions in paragraph (2) is satisfied.

(2) The conditions are—

(a)that the injury was received in the execution of duties performed, in circumstances in which there was an intrinsic likelihood of his receiving a fatal injury, for the immediate purpose of saving the life of another person or of preventing loss of human life; or

(b)that the Board is of the opinion that the preceding condition may be satisfied and that this rule should apply; or

(c)that the Board is of the opinion that the injury was received in such circumstances that it would be inequitable if this rule were not to apply.

(3) Where this rule applies, rule 1 of this Part applies with the modifications set out in paragraphs (4) and (5).

(4) For the purpose of calculating the special pension, Part 1 of Schedule 2 has effect with the substitution for “45%” of “50%”.

(5) Unless they produce a more favourable result, paragraphs (3) to (5) of rule 1 do not apply, and the amount of the gratuity is twice the annual pensionable pay, at the date of the death, of a regular firefighter employed in the role of firefighter and entitled to reckon 30 years’ service for the purposes of pay.

Textual Amendments

Commencement Information

I19Annex Scheme Pt. 3 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Limitation on award to spouse or civil partner by reference to date of marriage or formation of partnershipN.I.

3.—(1) A surviving spouse or civil partner is not entitled to a special pension under rule 1 or an augmented pension under rule 2 unless he was married to, or had a civil partnership with, the deceased during a period before the deceased last ceased to be a regular firefighter.

(2) A surviving spouse who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension calculated in accordance with Part 2 of Schedule 2.

(3) A surviving civil partner who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension of such amount as bears to the pension to which, under paragraph (2), he would have been entitled had he been the deceased’s surviving spouse, the same proportion of that the deceased service after 5th April 1988 bears to the whole of his pensionable service.

Commencement Information

I20Annex Scheme Pt. 3 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Limitation where spouse or civil partner is living apartN.I.

4.—(1) [F55Subject to paragraph (1A), a] surviving spouse or civil partner who at the time of the death was living apart from the deceased is not entitled to any award under rule 1 or 2.

[F56(1A) Paragraph (1) does not apply to a person—

(a)who is a member of the New Firefighters’ Pension Scheme;

(b)who first takes up employment with the Board on or after 6th April 2006 and is entitled to be a member of the New Firefighters’ Pension Scheme, but elects not to pay pension contributions;

(c)who is a member of the 2015 Scheme; or

(d)who is eligible to be an active member of the 2015 Scheme and—

(i)exercises an option not to become an active member of that scheme in accordance with Chapter 2 of Part 3 of the 2015 Regulations; or

(ii)does not exercise an option to become an active member of that scheme in accordance with regulation 21 of the 2015 Regulations.]

(2) Except where paragraph (3) applies, a surviving spouse or civil partner who, but for paragraph (1), would be entitled to an award under rule 1 or 2, is entitled instead to a pension calculated—

(a)in the case of a surviving spouse, in accordance with Part IV of Schedule 3 to [F57the Firefighters’ Pension Scheme]; and

(b)in the case of a surviving civil partner, in accordance with that Part subject to the substitution, in paragraphs 1 and 3, of “5th April 1988” for “5th April 1978”.

(3) Where—

(a)the surviving spouse or civil partner would, but for paragraph (1), be entitled to an award under rule 1 or 2; and

(b)at the time of the death the deceased was making relevant contributions, or was liable to do so by virtue of an agreement or of an order or decree of a competent court,

the surviving spouse or civil partner is entitled to a pension of the appropriate amount.

(4) Relevant contributions are contributions paid or payable—

(a)for the support of the spouse or civil partner; or

(b)to the spouse or civil partner for the support of a child of the spouse or civil partner,

the amount of which exceeds that of the pension that would otherwise be payable under paragraph (2).

(5) The appropriate amount is the lesser of—

(a)the amount of a pension calculated in accordance with rule 1 or 2; and

(b)the amount of the relevant contributions.

(6) The Board may determine that, for such period as it thinks fit, a pension under paragraph (2) or (3) shall be paid at such increased rate, not exceeding that of the pension which would have been payable but for paragraph (1), as it thinks fit.

(7) Where, but for paragraph (1), the surviving spouse or civil partner would be entitled to a gratuity, the Board may decide that the gratuity be paid in whole or part, as it thinks fit.

Textual Amendments

Commencement Information

I21Annex Scheme Pt. 3 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Effect of new relationshipN.I.

5.—(1) [F58Subject to paragraph (3), a] person entitled to a pension under this Part who marries, remarries, forms a civil partnership or a subsequent civil partnership is not entitled to receive any payment on account of the pension in respect of any subsequent period; but if the marriage or civil partnership is dissolved or the other party to it dies, the Board may pay the whole or any part of the pension for such period after the dissolution or death as it thinks fit.

(2) [F59Subject to paragraph (3) where] a person entitled to a gratuity under this Part marries, remarries, forms a civil partnership or a subsequent civil partnership, any part of the gratuity that has not already been paid (“the outstanding amount”) ceases to be payable; but if the marriage or civil partnership is dissolved or the other party to it dies the Board may pay the person the whole or any part of the outstanding amount.

[F60(3) Paragraphs (1) and (2) do not apply to a person—

(a)who is a member of the New Firefighters’ Pension Scheme;

(b)who first takes up employment with the Board on or after 6th April 2006 and is entitled to be a member of the New Firefighters’ Pension Scheme, but elects not to pay pension contributions;

(c)who is a member of the 2015 Scheme; or

(d)who is eligible to be an active member of the 2015 Scheme and—

(i)exercises an option not to become an active member of that scheme in accordance with Chapter 2 of Part 3 of the 2015 Regulations; or

(ii)does not exercise an option to become an active member of that scheme in accordance with regulation 21 of the 2015 Regulations.]

Textual Amendments

Commencement Information

I22Annex Scheme Pt. 3 rule 5 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F61Amount of Survivor’s pension: special casesN.I.

6.—[F62(1) This rule applies in relation to a person—

(a)who is a member of the New Firefighters’ Pension Scheme on the day on which he dies;

(b)in respect of whom an election under article 8(1) of Part 2 of the New Firefighters’ Pension Scheme not to make pension contributions has effect on the day on which he dies;

(c)who is a member of the 2015 Scheme on the day on which he dies; or

(d)who is eligible to be an active member of the 2015 Scheme and—

(i)has exercised an option not to become an active member of that scheme in accordance with Chapter 2 of Part 3 of the 2015 Regulations which has effect of the day on which he dies; or

(ii)has not exercised an option to become an active member of that scheme in accordance with regulation 21 of the 2015 Regulations of the day on which he dies.]

(2) Subject to paragraph (3), where the person entitled to a special pension under rule 1 is more than twelve years younger than the deceased on the day on which he dies, a reduction of 2.5 per cent. for each year by which the age of the surviving spouse or civil partner exceeds, by more than twelve years, that of the deceased, shall be applied to the Schedule 2 amount.

(3) Where the application of paragraph (2) would result in the payment of a special pension of less than 50 per cent. of the Schedule 2 amount, the special pension shall be 50 per cent. of the Schedule 2 amount.

(4) In paragraphs (2) and (3), “the Schedule 2 amount” means the amount that would have been ascertained in accordance with Part 1 of Schedule 2 if rule 1 were not subject to this rule.

(5) For the purposes of paragraph (2), a part of a year shall be treated as a whole year.

(6) References in this rule to rule 1 include references to that rule as applied by rule 2(3).]

Textual Amendments

PART 4N.I.AWARDS ON DEATH: CHIDREN

Child’s special allowanceN.I.

1.—(1) This rule applies where a person who is or has been a [F63regular or retained firefighter] dies from the effects—

(a)of a qualifying injury; or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a child.

(2) Subject to rule 3, where this rule applies the child is entitled to a child’s special allowance calculated in accordance with paragraph 1 of Schedule 3.

Textual Amendments

Commencement Information

I23Annex Scheme Pt. 4 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Child’s special gratuityN.I.

2.—(1) This rule applies where a person who is or has been a [F64regular or retained firefighter] dies from the effects—

(a)of a qualifying injury; or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a child but not leaving a surviving spouse or civil partner entitled to a gratuity under rule 1 of Part 3, and one of the conditions in rule 2(2) of that Part is satisfied.

(2) Subject to rule 3, where this rule applies the child is entitled to a gratuity in addition to a child’s special allowance.

(3) Where only one child is entitled to a gratuity, its amount is that specified in rule 2(5) of Part 3 (“the full amount”); where two or more children are entitled, the amount of each gratuity is the full amount divided by the number of children entitled.

Textual Amendments

Commencement Information

I24Annex Scheme Pt. 4 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Child’s special allowance or gratuity: limitationsN.I.

3.—(1) No allowance or gratuity under this Part shall be paid—

(a)in respect of a child born on or after the relevant date who is not a child of a marriage that took place, or of a civil partnership that was formed, before that date; or

(b)by reason of his being a step-child, in respect of a child of a spouse whose marriage to the deceased took place, or of a civil partner whose civil partnership with the deceased was formed, on or after the relevant date; or

(c)by reason of his being substantially dependent on the deceased, in respect of a child who was not so dependent before the relevant date; or

(d)by reason of his being an adopted child, in respect of a child adopted on or after the relevant date; or

(e)except in the case of a legitimate or adopted child of the deceased, in respect of a child who was not substantially dependent on the deceased at the time of the death,

the relevant date being in each case the date on which the deceased ceased to [F65be either a regular or retained firefighter].

[F66(2) Subject to paragraphs (3) and (4), no allowance shall be paid to a person if—

(a)he is 18 or older;

(b)he has ceased full-time education and is in paid employment; or

(c)he is married or has entered into a civil partnership.

(3) A child who is aged 18 but not more than 23 is entitled to an allowance if he is in full time education or attending a course of a least one year’s duration.

(4) A child who is aged 18 or more is entitled to an allowance if, when the scheme member dies, he is dependant on him by reason of permanent disablement.

(5) A child’s allowance ceases to be payable—

(a)unless paragraph (3) or (4) applies, on his 18th birthday or the occurrence of an event referred to in paragraph (b) or (c), whichever first occurs;

(b)where paragraph (3) applies, on his 23rd birthday or that on which his full-time education or course ceases, whichever first occurs;

(c)where paragraph (4) applies, when the Board is satisfied—

(i)that the child is no longer permanently disabled; or

(ii)that the child’s pension should not have been awarded.

(6) Unless paragraph (5)(c) applies, an allowance payable in the circumstances mentioned in paragraph (4) is payable for life.]

Textual Amendments

Commencement Information

I25Annex Scheme Pt. 4 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

PART 5N.I.AWARDS ON DEATH: ADDITIONAL PROVISION

Adult dependent relative’s special pensionN.I.

1.—(1) This rule applies where a person who is or has been a [F67regular or retained firefighter] dies from the effects—

(a)of a qualifying injury; or

(b)of infirmity of mind or body occasioned by a qualifying injury,

and there is an adult dependent relative.

(2) An adult dependent relative is—

(a)a parent of the deceased; or

(b)a brother or sister of the deceased who had attained the age of 19 before the death; or

(c)a child of the deceased who has, whether before or after the death, attained the age of 19,

who was substantially dependent on the deceased immediately before the death.

(3) If the Board, having regard to all the circumstances of the case, so determines, it may grant a special pension to an adult dependent relative.

(4) A special pension under this rule—

(a)shall be calculated in accordance with Part 1 of Schedule 4; and

(b)is payable for such period or periods as the Board may, from time to time, determine.

Textual Amendments

Commencement Information

I26Annex Scheme Pt. 5 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Dependent relative’s gratuityN.I.

2.—(1) This rule applies where a person dies—

(a)while serving as a [F68regular or retained firefighter]; or

(b)while in receipt of a pension other than a deferred pension,

and there is a dependent relative.

(2) A relative is a person who is, or is a child of, a surviving spouse or civil partner, or a parent, grandparent or child of the deceased, and a dependent relative is any relative who—

(a)was substantially dependent on the deceased immediately before the death; and

(b)is not entitled to any award under this Scheme.

(3) If the Board thinks fit, it may grant a gratuity to a dependent relative; but the aggregate of all gratuities granted under this paragraph in respect of the death shall not exceed the amount of the deceased’s aggregate pension contributions.

Textual Amendments

Commencement Information

I27Annex Scheme Pt. 5 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Gratuity in lieu of surviving spouse’s or civil partner’s pensionN.I.

3.—(1) Where the amount of any pension payable under Part 3, together with any increase under the Pensions (Increase) Act (Northern Ireland) 1971, does not exceed the commutation limit specified for the purposes of [F69Part 2 of Schedule 29 to the Finance Act 2004 (lump sum death benefit rule)] in paragraph 7(4) of that Part (trivial commutation lump sum), the Board may commute the pension for a gratuity.

(2) Where—

(a)a surviving spouse or civil partner is entitled to a pension under rule 1 of Part 3; and

(b)the Board is satisfied that there are sufficient reasons; and

(c)the surviving spouse or civil partner consents; and

(d)the deceased spouse or civil partner died before his 75th birthday,

the Board may commute the pension for a lump sum.

(3) The Board may only commute a pension for a lump sum under this rule when the pension first becomes payable.

(4) A lump sum under this rule shall be calculated in accordance with such guidance as is provided for the purpose by the Government Actuary.

Textual Amendments

Commencement Information

I28Annex Scheme Pt. 5 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Lump sum in lieu of child’s special allowanceN.I.

4.—(1) Where—

(a)a child is entitled to a special allowance under rule 1 of Part 4; and

(b)the Board is satisfied that there are sufficient reasons; and

(c)a surviving parent or the child’s guardian, or if he has neither, the child himself, consents,

the Board may commute the allowance for a lump sum.

(2) A lump sum under this rule shall be calculated in accordance with Part 2 of Schedule 4.

Commencement Information

I29Annex Scheme Pt. 5 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Increase of pensions and allowances during first 13 weeksN.I.

5.—(1) Paragraphs (2) to (4) apply to a surviving spouse’s or civil partner’s special pension (“the survivor’s pension”) where the deceased died—

(a)while serving as a [F70regular or retained firefighter]; or

(b)while in receipt of a pension.

(2) For each or the first 13 weeks for which it is payable the survivor’s pension shall if necessary be increased so that the total of—

(a)the survivor’s pension; and

(b)any children’s allowances payable under this Scheme or [F71the Firefighters’ Pension Scheme, and]

[F72(c)any children’s pensions payable under the New Firefighters’ Pension Scheme,] [F73and

(d)any eligible child’s pension under the 2015 Regulations,]

is not less than the appropriate amount.

(3) The appropriate amount is—

(a)where paragraph (1)(a) applies, the deceased’s pensionable pay for a week; and

(b)where paragraph (1)(b) applies, the weekly amount of the deceased’s pension together with any increase in it under the Pension (Increase) Act (Northern Ireland) 1971,

immediately before the death.

(4) For the purposes of paragraph (3)(b)—

(a)any reduction in the deceased’s pension under paragraph 3 of Part 1 of Schedule 1 (reduction related to additional benefits) or under Part VII of Schedule 2 to [F74the Firefighters’ Pension Scheme] (reduction of pension related to up-rating of widow’s pension) shall be disregarded; and

(b)where the deceased died while in receipt of an injury pension as well as an ordinary, short service or ill-health pension, the reference to the weekly amount of the deceased’s pension shall be construed as a reference to the aggregate weekly amount of both the pensions.

(5) Paragraphs (6) and (7) apply to a child’s special allowance under this Scheme [F75, a child’s ordinary or accrued allowance under the Firefighters’ Pension Scheme or a child’s pension under the New Firefighters’ Pension Scheme] [F76or an eligible child’s pension under the 2015 Regulations] where the deceased died as mentioned in paragraph (1) and—

(a)there is no surviving spouse or civil partner; or

(b)a surviving spouse or civil partner did not become entitled to a pension which was payable for a continuous period of 13 weeks.

(6) Subject to paragraph (7), for each of the first 13 weeks for which it is payable an allowance shall if necessary be increased—

(a)so that the amount paid in respect of it is not less than the appropriate amount ascertained in accordance with paragraphs (3) and (4); or

(b)where two or more allowances are payable, so that the amount paid in respect of each of them is not less than the appropriate amount divided by the number of allowances.

(7) No allowance shall be increased under paragraph (6) for any week for which an injury pension under this Scheme or a pension under [F77the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme] [F78or the 2015 Scheme] is payable to a surviving spouse or civil partner.

Textual Amendments

Commencement Information

I30Annex Scheme Pt. 5 rule 5 in operation at 2.4.2007 with effect in accordance with art. 1(1)

PART 6N.I.DETERMINATION OF QUESTIONS AND APPEALS

Determination by BoardN.I.

1.—(1) The question whether a person is entitled to any and if so what awards shall be determined in the first instance by the Board.

(2) Subject to paragraph (3), before deciding, for the purpose of determining that question or any other question arising under this Scheme—

(a)whether any disablement has been occasioned by a qualifying injury;

(b)the degree to which a person is disabled; or

(c)any other issue wholly or partly of a medical nature,

the Board shall obtain the written opinion of [F79an independent qualified medical practitioner] selected by it and the opinion of the qualified medical practitioner shall be binding on the Board.

(3) If, by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the qualified medical practitioner selected by it, the Board is unable to obtain the opinion mentioned in paragraph (2), it may—

(a)on such other medical evidence as it thinks fit; or

(b)without medical evidence,

give such decision on the issue as it may choose to give.

Textual Amendments

Commencement Information

I31Annex Scheme Pt. 6 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Appeal to medical refereeN.I.

2.—(1) Where—

(a)an opinion of the kind mentioned in rule 1(2) has been obtained; and

(b)within 14 days of his being notified of the Board’s decision on the issue the person concerned applies to the Board for a copy of the opinion,

the Board shall supply him with a copy.

(2) If the person concerned is dissatisfied with the opinion which has been supplied to him under paragraph (1), he may appeal against it by giving notice to the Board in accordance with paragraph 1 of Schedule 5.

(3) The Board shall be bound by any decision on any issue referred to in sub-paragraphs (a) to (c) of rule 1(2) duly given on an appeal under this rule.

(4) Further provisions as to appeals under this rule are contained in Schedule 5.

Commencement Information

I32Annex Scheme Pt. 6 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F80Appeals on other issuesN.I.

3.  Where a person makes a formal complaint to the Board which does not involve an issue of a medical nature, the Board shall deal with the complaint under the arrangements implemented by it pursuant to the requirements of article 50 of the Pensions (Northern Ireland) order 1995 (requirement for dispute resolution arrangements) and the Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008.]

Textual Amendments

PART 7N.I.SERVICEMEN

Interpretation of Part 7N.I.

[F811.—(1) This Part applies to a person who—

(a)immediately before undertaking relevant service in the armed forces, was employed as a regular firefighter; and

(b)ceased to be so employed at any time before 6th April 2006,

and in this Part such a person is referred to as a serviceman.]

(2) For the purposes of this Scheme a serviceman shall be treated as having continued to be a regular firefighter during his period of relevant service in the armed forces (referred to in this Part as his “forces period”).

(3) References in this Part to relevant service in the armed forces are references to—

(a)service specified in Schedule 1 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(13) (“the 1951 Act”), other than service specified in paragraph 5(b) of that Schedule; and

(b)service for the purposes of training only performed by a person mentioned in paragraph 7 of Schedule 1 to the 1951 Act for a period shorter than 7 days.

Textual Amendments

Commencement Information

I33Annex Scheme Pt. 7 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Awards to servicemenN.I.

2.—(1) This rule applies to a serviceman who, at the end of his forces period, is permanently disabled.

(2) Subject to paragraph (3), article 15 of [F82the Firefighters’ Pension Scheme] (ill-health award) has effect in relation to a serviceman to whom this rule applies as if he had been required to retire under article 11 of [F82the Firefighters’ Pension Scheme] (compulsory retirement on grounds of disablement) at the end of his forces period.

(3) Where the infirmity that occasioned his incapacity for the performance of duty was occasioned by an injury received during his forces period or by a qualifying injury the Board may—

(a)pay him, instead of an ill-health gratuity under article 15(2)(b) of [F83The Firefighters’ Pension Scheme], a pension at the rate of 1/12th of his average pensionable pay; and

(b)subject to paragraph (4), increase any such pension [F84or any ill-health pension payable under the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme] [F85or the 2015 Scheme].

(4) Paragraph 1 of Schedule 6 has effect for limiting increases under paragraph (3)(b).

Textual Amendments

Commencement Information

I34Annex Scheme Pt. 7 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Awards on death of servicemenN.I.

3.—(1) This rule applies in the case of a serviceman who—

(a)dies during his forces period; or

(b)was permanently disabled at the end of his forces period, has not since been a regular firefighter, and dies either from the effects of an injury that occasioned his incapacity for the performance of duty or while in receipt of a pension.

(2) If the serviceman dies from the effects of an injury received during his forces period or a qualifying injury the Board may—

(a)pay the surviving spouse or civil partner, instead of a gratuity under article 29(2)(b) of [F86the Firefighters’ Pension Scheme], a pension of the appropriate amount; and

(b)subject to paragraph (4), increase any such pension and any pension or child’s allowance payable under article 25 or 33 or [F86the Firefighters’ Pension Scheme].

(3) The appropriate amount mentioned in paragraph (2)(a) is £379.78 increased as described in article 44(7) and (8) of [F87the Firefighters’ Pension Scheme] (flat-rate awards).

(4) Paragraphs 2 and 3 of Schedule 6 have effect for limiting increases under paragraph (2)(b).

Textual Amendments

Commencement Information

I35Annex Scheme Pt. 7 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Servicemen who resume service as regular firefightersN.I.

4.—(1) Paragraphs (3) and (4) of rule 2 or, as the case may be, paragraphs (2) to (4) of rule 3 shall apply in relation to a serviceman who, having sustained an injury during his forces period and resumed service as a regular firefighter—

(a)is permanently disabled; or

(b)dies, whether or not while serving as a regular firefighter,

as they apply in relation to servicemen to whom rule 2 or, as the case may be, rule 3 applies.

Commencement Information

I36Annex Scheme Pt. 7 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F88PART 7AN.I.RESERVISTS

Textual Amendments

Interpretation of Part 7AN.I.

1.—(1) This Part applies to a person who—

(a)on or after 6th April 2006—

(i)takes up employment with the Board , or

(ii)having been employed by the Board before that date, becomes a member of the New Firefighters’ Pension Scheme [F89or the 2015 Scheme]; and

(b)immediately before undertaking relevant service in the reserve forces, is employed by the Board as a firefighter,

and in this Part such a person is referred to as a reservist.

(2) For the purposes of this Scheme a reservist shall be treated as having continued to be a firefighter during his period of relevant service in the reserve forces (referred to in this Part as his “forces period”).

(3) References in this Part to relevant service in the reserve means service in the forces specified in section 1(2) of the Reserve Forces 1996 Act—

(a)in pursuance of a training obligation under Part 3 of that Act; or

(b)by virtue of a call out for permanent service or a recall under the Reserve Forces Act 1980 or Part 7 of the Reserve Forces Act 1996.

Textual Amendments

Awards to reservistsN.I.

2.—(1) This rule applies to a reservist who, at the end of his forces period, is permanently disabled.

(2) Subject to paragraph (3), article 12 of the New Firefighters’ Pension Scheme (award on ill-health retirement) [F90and regulation 73 (entitlement to lower tier ill-health pension and higher tier ill-health pension) of the 2015 Regulations have effect] in relation to a reservist to whom this rule applies as if the reservist were a firefighter member taking ill-health retirement at the end of his forces period.

(3) Where the infirmity that occasioned his incapacity for the performance of duty was occasioned by an injury received during his forces period or by a qualifying injury the Board may—

[F91(a)pay him, instead of an ill-health pension under article 12 of Part 3 of the New Firefighters’ Pension Scheme or under regulation 73 of the 2015 Regulations, a pension at the rate of one twelfth of his final pensionable pay or his final pay, as the case may be, and]

(b)subject to paragraph (4), increase any such pension.

(4) Paragraph 1 of Schedule 6A has effect for limiting increases under paragraph (3)(b).

Textual Amendments

Awards on death of reservistsN.I.

3.—(1) This rule applies in the case of a reservist who—

(a)dies during his forces period, or

(b)was permanently disabled at the end of his forces period, has not since been a firefighter, and dies either from the effects of an injury that occasioned his incapacity for the performance of duty or while in receipt of a pension.

(2) If the reservist dies from the effects of an injury received during his forces period or a qualifying injury, the Board may, subject to paragraph 3, increase any pension or child’s pension payable under articles 23, 28 or 31 of the New Firefighters’ Pension Scheme [F92or increase any pension or eligible child’s pension payable under Chapter 3 of Part 6 of the 2015 Regulations.]

(3) Paragraphs 2 and 3 of Schedule 6A have effect for limiting increases under paragraph (2).

Textual Amendments

Reservists who resume service as firefightersN.I.

4.  Paragraph (2) of rule 2 or, as the case may be, paragraph (2) of rule 3 shall apply in relation to a reservist who, having sustained an injury during his forces period and resumed service as a firefighter—

(a)is permanently disabled, or

(b)dies, whether or not while serving as a firefighter,

as they apply in relation to reservists to whom rule 2 or, as the case may be, rule 3 applies.]

PART 8N.I.SPECIAL CASES

Award for or in relation to employee who is not a regular or retained firefighterN.I.

1.—(1) This rule applies where a person who is an employee of the Board but is not a F93... firefighter suffers an injury, without his own default—

(a)while in attendance at a fire; and

(b)in the execution of his duties as an employee of the Board.

(2) If the person retires in consequence of the injury, the Board may, subject to paragraph (4), grant him such pension or gratuity as they think fit.

(3) If the person dies from the effects of the injury, either before or after retiring from that employment, the Board may, subject to paragraph (4)—

(a)grant such pension and gratuity as they think fit to any surviving spouse or civil partner; and

(b)grant such allowance as they think fit to any child.

(4) The total of—

(a)any benefit under this rule; and

(b)any relevant additional benefit payable to the recipient,

must not exceed the appropriate amount.

(5) An additional benefit is any payment of whatever nature made—

(a)by the Board otherwise than under this rule; or

(b)by a Minister of the Crown,

except a benefit payable under Part V of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(14); and a relevant additional benefit is, in relation to a pension or allowance under this rule, one by way of periodical payments and, in relation to a gratuity under this rule, one otherwise than by way of periodical payments.

(6) [F94Subject to paragraph (6A), the] appropriate amount is—

(a)for a pension or gratuity under paragraph (2), that of the injury pension or gratuity under rule 1 of Part 2;

(b)for a pension or gratuity under paragraph (3)(a), that of the special pension or gratuity under rule 1 of Part 3; and

(c)for an allowance under paragraph (3)(b), that of the special allowance under rule 1 of Part 4,

which would have been payable on the required assumptions.

[F95(6A) Where a person is or has been a part-time employee, the appropriate amount is that found by applying the formula—

where—

A is the amount that would have been calculated as mentioned in sub-paragraph (a), (b) or (c) of paragraph (6) (as the case may be) if the person had been a whole-time employee of the Board;

B is the period in years of his pensionable service as a whole-time employee of the Board;

C is the period of years of his pensionable service as a part-time employee of the Board, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time employment and the denominator is the number of contractual hours for one year of whole-time employment; and

D is the period in years of his pensionable service.]

(7) The required assumptions are—

(a)in every case, that the person was employed in the role of firefighter;

(b)where paragraph (2) applies, that the person retired on account of a qualifying injury during the first year of service and that paragraph 2 of Part 1 of Schedule 1 (reduction of injury pension on account of certain other pensions) did not apply; and

(c)where paragraph (3) applies, that the person died or retired during the first year of service and died from the effects of a qualifying injury.

Textual Amendments

Commencement Information

I37Annex Scheme Pt. 8 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Award for or in relation to a F96... volunteer firefighterN.I.

2.—(1) Subject to paragraph (2), this paragraph applies to a person—

(a)who was employed by the Board [F97immediately before 6th April 2006] as a F98... volunteer firefighter; and

(b)has retired; and

(c)is permanently disabled,

if the infirmity that occasioned his incapacity for the performance of duty was occasioned by a qualifying injury.

(2) A person to whom paragraph (1) applies shall be treated for the purposes of rules 1 and 3 of Part 2 (injury awards) as having been a regular firefighter falling within the description in paragraph (10) [F99; but an award under rule 1 or 3 shall be reduced by 75 per cent. of any other pension under the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme [F100or the 2015 Scheme] that is then in payment.]

[F101(3) The following provisions apply in relation to the awards to which a person, by virtue of paragraph (2), may be entitled—

(a)articles 18 (commutation – general provision), 20 (allocation) and 21 (limitation of commuted or allocated portion) of the Firefighters’ Pension Scheme;

(b)article 19 (commutation: general) or article 21 (allocation of pension) of Part 3 of the New Firefighters’ Pension Scheme;

(c)regulation 117 (commutation of part of pension) or Chapter 6 (allocation of part of pension) of Part 5 of the 2015 Regulations.]

[F102(4) Subject to paragraph (4A)—

(a)a person to whom paragraph (1) applies shall be treated for the purposes of article 15 (ill-health awards) of the Firefighters’ Pension Scheme as having been a regular firefighter falling within the description in paragraph (10), and articles 18 (commutation – general provision), 20 (allocation), 21 (limitation of commuted or allocated portion), 80 (review of ill-health and certain deferred pensions), 81 (consequences of review) and 82 (reduction in case of default) of the Firefighters’ Pension Scheme apply accordingly in relation to the awards to which he is thus entitled;

(b)if a person to whom paragraph (1) applies—

(i)has become a member of the New Firefighters’ Pension Scheme, article 19 or 21 of Part 3 of the New Firefighters’ Pension Scheme, article 49 of Part 9 of that Scheme (review of ill-health pension) and article 50 of that Part (consequences of review) shall apply accordingly in relation to the awards to which he is thus entitled;

(ii)has become a member of the 2015 Scheme, regulation 117 (commutation of part of pension), Chapter 6 (allocation of part of pension) of Part 5, regulation 76 (review of ill-health award or early payment of retirement pension) and regulation 77 (consequences of review) of the 2015 Regulations shall apply accordingly in relation to the awards to which he is thus entitled.]

[F103(4A) In the case of a person who has become a member of the New Firefighters’ Pension Scheme [F104or the 2015 Scheme], the award under article 15 of the Firefighters’ Pension Scheme shall be reduced by the amount of any award to which the person is entitled under article 12 of the New Firefighters’ Pension Scheme (award on ill-health retirement) [F105or under regulation 73 (entitlement to lower tier ill-health pension and higher tier ill-health pension) of the 2015 Regulations].]

[F106(5) This paragraph applies where—

(a)a person dies from the effects of a qualifying injury or infirmity of mind or body occasioned by a qualifying injury; and

(b)he has at any time before 6th April 2006 been employed by the Board as a F107... volunteer firefighter.]

(6) Where paragraph (5) applies and the deceased leaves a surviving spouse or civil partner, the deceased shall be treated for the purposes of rules 2 and 3 of Part 3 (spouse’s or civil partner’s special and augmented awards) as having been a regular firefighter falling within the description in paragraph (10).

(7) Rules 3, 4 and 5 of Part 3 (limitations with reference to date of marriage or formation of partnership and where spouses or civil partners living apart, and effect of new relationship), rule 3 of Part 5 (gratuity in lieu of surviving spouse’s and civil partner’s pension) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (6) above, the spouse or civil partner is entitled.

(8) Where paragraph (5) applies and the deceased leaves a child, the deceased shall be treated for the purposes of rules 1 and 2 of Part 4 (child’s special allowance and gratuity) as having been a regular firefighter falling within the description in paragraph (10).

(9) Rule 3 of Part 4 (child’s special allowance or gratuity: limitations), rule 3 of Part 5 (gratuity in lieu of child’s special allowance) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (8), the child is entitled.

(10) The regular firefighter mentioned in paragraphs (2), (4), (6) and (8) is one who is a whole-time employee of the Board and—

(a)was employed in the same role as the F108... volunteer firefighter and had the same service in that role;

(b)was entitled to reckon as pensionable service a period equal to the F108... volunteer member’s service as such; and

(c)in respect of any service before 1st April 1980 paid pension contributions at the rate of 6p a week less than 6.75% of his pensionable pay.

Textual Amendments

Commencement Information

I38Annex Scheme Pt. 8 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Employees other than regular firefighters: supplementaryN.I.

3.—(1) Part 1 applies for the interpretation of rules 1 and 2.

(2) Parts 6, 9 and 10 apply in relation to awards under rules 1 and 2.

Commencement Information

I39Annex Scheme Pt. 8 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

PART 9N.I.REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS

Review of injury pensionN.I.

1.—(1) Where a person is in receipt of an injury pension, the Board shall consider, at such intervals as it thinks fit, whether the degree of his disablement has substantially altered; if it finds that it has, the pension shall be reassessed accordingly.

(2) Where the Board, on consideration under paragraph (1), find that his disability has ceased, the injury pension shall be terminated with immediate effect.

(3) This rule ceases to have effect with respect to a particular injury pension if, at any time after the expiration of 5 years from the time when it first became payable, the Board so resolves.

Commencement Information

I40Annex Scheme Pt. 9 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Reduction of award in case of defaultN.I.

2.—(1) Subject to paragraph (2), where a person —

(a)is permanently disabled; and

(b)has brought about or contributed to his infirmity by his own default,

the Board may reduce any injury award payable to him by them to not less than half its full amount.

(2) Where—

(a)a pension has been reduced under paragraph (1); and

[F109(b)the amount of the reduced pension is less than that of the notional deferred pension—

(i)if the person is a member of the Firefighters’ Pension Scheme on his 60th birthday,

(ii)if the person is a member of the New Firefighters’ Pension Scheme on his 65th birthday,

[F110(iii)if the person is a member of the 2015 Scheme, his state pension age, or 65 if that is higher,]]

the amount of the reduced pension shall be increased to that of the notional deferred pension.

(3) The notional deferred pension is the deferred pension that would have been payable under article 16 of [F111the Firefighters’ Pension Scheme or article 13 of the New Firefighters’ Pension Scheme] [F112or Chapter 7 of Part 4 of the 2015 Regulations] if the person had become entitled to one on the date of his ceasing to serve.

Textual Amendments

Commencement Information

I41Annex Scheme Pt. 9 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Withdrawal of pension during service as regular firefighterN.I.

3.  The Board may withdraw the whole or any part of the pension, except a pension under Part 3 (awards on death: spouses and civil partners), for any period during which the person entitled to it is employed as a F113... firefighter by any fire and rescue authority within the United Kingdom.

Textual Amendments

Commencement Information

I42Annex Scheme Pt. 9 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Withdrawal of pension on conviction of certain offencesN.I.

4.—(1) In the circumstances specified in paragraph (2) the Board may withdraw the pension in whole or in part and permanently or temporarily as they may specify.

(2) The circumstances are—

(a)that the person entitled to the pension (“the pensioner”) has been convicted of an offence falling within paragraph (3), and in the case of a pension under Part 3, that the offence was committed after the death on which the pensioner became entitled to it; or

(b)that the pensioner has been convicted of an offence committed in connection with his service which is certified by the Secretary of State either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(3) The offences mentioned in paragraph (2)(a) are—

(a)an offence of treason; and

(b)one or more offences under the Official Secrets Acts 1911 to 1989(15) for which the pensioner has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

(4) The Board may, to such extent as they at any time think fit—

(a)apply for the benefit of any dependant of the pensioner; or

(b)restore to the pensioner,

so much of any pension as has been withdrawn under this rule.

Commencement Information

I43Annex Scheme Pt. 9 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Forfeiture of awardN.I.

5.  A person who has been convicted of an offence under paragraph (2) of Article 41 of the Fire and Rescue Services (Northern Ireland) Order 2006 (offences), forfeits the whole or part of an award or sum obtained by him under this Scheme, as the Board thinks fit.

Commencement Information

I44Annex Scheme Pt. 9 rule 5 in operation at 2.4.2007 with effect in accordance with art. 1(1)

PART 10N.I.PAYMENT OF AWARDS AND FINANCIAL PROVISIONS

Payment of awardsN.I.

1.—(1) While a pension or allowance is payable under this Scheme—

(a)it is payable in respect of each week; and

(b)the Board shall discharge its liability in respect of it by making payments in advance at such reasonable intervals as it may determine,

but payment may be delayed to the extent necessary for determining any question as to the liability of the Board.

(2) Where a person dies after receiving a payment in advance in respect of a pension or allowance, no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after his death.

(3) Where, after receiving a payment in advance in respect of a pension under Part 3—

(a)a surviving spouse remarries or forms a civil partnership; or

(b)a surviving civil partner forms a subsequent civil partnership,

no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after the remarriage took place or, as the case may be, the civil partnership was formed.

(4) Subject to paragraphs (5) and (6), pensions under Part 3 and allowances under Part 4 (“survivors’ benefits”) are payable from the date of the death.

(5) Subject to paragraph (6), in the case of a posthumous child any allowance under Part 4 is payable from the date of his birth.

(6) Where the deceased—

(a)was in receipt of a pension; and

(b)died during a period in respect of which he had already received it,

no survivors’ benefits are payable before the end of that period.

(7) A gratuity shall be paid in one sum as soon as the entitlement to it arises, except that—

(a)payment may be delayed to the extent necessary for determining any question as to the liability of the Board; and

(b)if the Board is satisfied that it would be to the advantage of the person entitled, it may pay a gratuity in instalments of such reasonable amounts and over such reasonable period as it thinks fit.

Commencement Information

I45Annex Scheme Pt. 10 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Prevention of duplicationN.I.

2.—(1) This rule applies where, in respect of any particular period, a person is entitled to—

(a)two or more pensions or allowances under this Scheme; or

(b)a pension or allowance under this Scheme and a pension or allowance under [F114the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme] [F115or the 2015 Scheme].

[F116(2) A pension payable—

(a)under article 20 of the Firefighters’ Pension Scheme [F117, article 21 of Part 3 of the New Firefighters’ Pension Scheme or Chapter 6 of Part 5 of the 2015 Regulations] to the beneficiary of an allocation,

(b)under article 74 of the Firefighters’ Pension Scheme or article 37 of the New Firefighters’ Pension Scheme (pension credit member’s entitlement to pension) [F118or regulation 113 (entitlement to pension credit members’ pension) of the 2015 Regulations], or

(c)under article 78 of the Firefighters’ Pension Scheme or article 100 of the New Firefighters’ Pension Scheme (guaranteed minimum pensions) [F119or regulation 168 (guaranteed minimum pension) of the 2015 Regulations],

is not a pension for the purposes of this rule.]

(3) Subject to paragraph (4) and [F120article 86 of the Firefighters’ Pension Scheme or [F121article 97 of Part 14 of the New Firefighters’ Pension Scheme, or regulation 17 (service in two or more scheme employments) and regulation 18 (application of Chapter) of the 2015 Regulations, as the case may be]], where this rule applies only one of the pensions or allowances shall be paid in respect of the period in question; if they are for the time being unequal in amount, the one to be paid is the largest of them.

(4) For the purposes of this rule, where a person is entitled—

[F122(a)under rule 1 of Part 2 to an injury pension and also—

(i)articles 13, 14, 15 or 16 of the Firefighters’ Pension Scheme to an ordinary, short service, ill health or deferred pension, or

[F123(ii)under article 11, 11A, 12 or 13 of Part 3 of the New Firefighters’ Pension Scheme to an ordinary, special member’s ordinary, ill health or deferred, or]

[F124(iii)under regulation 67 or 73 of the 2015 Regulations, a retirement pension or a lower tier ill-health pension or a higher tier ill-health pension, or]]

(b)to a pension in respect of employment with the Board and also to a pension as the surviving spouse or civil partner of an employee of the Board; or

(c)to pensions as the surviving child of both parents who were employed by the Board,

those pensions shall be treated as one.

(5) If a transfer value or cash equivalent is paid, any award to which the person became entitled under Part 2 on ceasing to serve as a [F125regular or retained firefighter] ceases to be payable.

Textual Amendments

Commencement Information

I46Annex Scheme Pt. 10 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F126Prevention of duplication: other injury awards for persons who are both regular and retained firefightersN.I.

3.—(1) In this rule—

“article 15 award” means an ill-health award under article 15 of the Firefighters’ Pension Scheme;

“injury award” means an injury award under Part 2 of this Scheme;

“Part 8 award” means an injury award which is payable by virtue of rule 2 of Part 8 of this Scheme; and

[F127“regulation 73 award” means an entitlement to a lower tier ill-health pension or a higher tier ill-health pension under regulation 73 of the 2015 Regulations; and]

“article 12 award” means an ill-health pension under article 12 of the New Firefighters’ Pension Scheme.

(2) [F128This rule applies] to a person employed as [F129a volunteer firefighter and a retained firefighter or as a regular firefighter] [F130and] a retained firefighter who—

F131(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)is entitled—

(i)from the Board to an injury award, article 15 award, article 12 award, [F132a regulation 73 award,] or more than one of these awards; and

(ii)a Part 8 award.

(3) The Board shall pay (in full) the article 15 award [F133or the article 12 award or the regulation 73 award, as the case may be,] and, subject to paragraph (4) shall pay only the injury element of the Part 8 award.

(4) Where the amount of the article 15 award [F134or the article 12 award or the regulation 73 award, as the case may be,] is less than the amount which, but for paragraph (3), would have been paid to the person as the ill-health element of the Part 8 award, the Board shall pay him an amount equal to the amount of the difference.

(5) A firefighter who is entitled to both an injury award and a Part 8 award shall receive, in respect of those awards, a single award of an amount equal to the injury award or the Part 8 award, whichever is greater; and rule 1(2) of this Part shall apply as regards the payment of that single award.]

Textual Amendments

[F126Prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefightersN.I.

4.—(1) This rule applies where—

(a)a person employed as both a regular firefighter and a retained firefighter dies (whether during or after such employment); and

(b)a qualifying injury sustained in the course of such employment is certified by an independent qualified medical practitioner as the cause of death; and

(c)in consequence of the person’s death, another person becomes entitled not only to an award of a description mentioned in paragraph (2), but also to an award of a description mentioned in paragraph (3).

(2) The descriptions mentioned in this paragraph are—

(a)a person employed as both a regular firefighter and a retained firefighter dies (whether during or after such employment); and

(b)a spouse’s or civil partner’s augmented award under rule 2 of [F135Part 4],

(c)a child’s special allowance under rule 1 of Part 4, and

(d)a child’s special gratuity under rule 2 of that Part.

(3) The descriptions mentioned in this paragraph are—

(a)a spouse’s or civil partner’s ordinary pension under article 25 of the Firefighters’ Pension Scheme;

(b)a spouse’s or civil partner’s accrued pension under article 26 of that Scheme,

(c)a spouse’s or civil partner’s requisite benefit and temporary pension under article 28 of that Scheme,

(d)a spouse’s or civil partner’s award under article 29 of that Scheme (award where another award is payable),

(e)a child’s ordinary allowance under article 33 of that Scheme, F136...

(f)a child’s accrued allowance under article 34 of that Scheme [F137,]

[F138(g)a survivor’s pension under article 23 of Part 4 of the New Firefighters’ Pension Scheme,

(h)a survivor’s bereavement pension under article 26 of Part 4 of the New Firefighters’ Pension Scheme,

(i)a child’s pension under aticle 28 of Part 4 of the New Firefighters’ Pension Scheme,

(j)a child’s bereavement pension under article 31 of Part 4 of the New Firefighters’ Pension Scheme,

(k)a death grant under article 35 of Part 5 of the New Firefighters’ Pension Scheme,

(l)a post-retirement death grant under article 36 of Part 5 of the New Firefighters’ Pension Scheme [F139,]]

[F140(m)a surviving partner’s pension under regulation 86, 87 or 88 of the 2015 Regulations,

(n)a surviving partner’s bereavement pension under regulation 89 of the 2015 Regulations,

(o)an eligible child’s pension under regulation 94, 95 or 96 of the 2015 Regulations,

(p)an eligible child’s bereavement pension under regulation 100 of the 2015 Regulations, and

(q)a lump sum payable on death under regulations 104 and 105 of the 2015 Regulations.]

(4) The award of the description in paragraph (3) shall be paid in full, and the award of the description in paragraph (2) shall not be paid.

(5) Where the amount of the award paid to a person in accordance with paragraph (4) is less than the amount which, but for that paragraph, would have been paid to him by way an award of a description in paragraph (2), the Board shall pay an amount equal to the amount of the difference.]

Textual Amendments

Part 2

SCHEDULE 1N.I.INJURY AWARDS AND DUTY-RELATED COMPENSATION

PART 1N.I.CALCULATION OF AWARDS FOR FULL-TIME SERVICE

1.—(1) Subject to [F141Parts 2 and 3] of this Schedule, the amounts of the injury gratuity and the injury pension shall be calculated by reference to the Table below.N.I.

F142(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Table

Percentage disablementGratuity as percentage of average pensionable pay [F143final pensionable pay or final pay, as the case may be]Pension as percentage of average pensionable pay [F143final pensionable pay or final pay, as the case may be]
Less than 5 years’ relevant service5 or more but less than 15 years’ relevant service15 or more but less than 25 years’ relevant service25 or more years’ relevant service
25 or less (slight disablement)12.515304560
More than25 but not more than 50 (minor disablement)2540506070
More than 50 but not more than 75 (major disablement)37.565707580
More than 75 (severe disablement)5085858585

Textual Amendments

Commencement Information

I47Sch. 1 Pt. 1 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F1441A.—(1) In the event that an award becomes payable in respect of a qualifying injury sustained in the course of employment in relation to which a person is or is eligible to be an active member in the 2015 Scheme, relevant service, in the Table, means the total of—N.I.

(a)any relevant service in relation to the 2015 Scheme that relates to the person’s scheme employment which is the same as, or most similar to, the scheme employment in respect of which the award is payable; and

(b)if applicable, any relevant service in relation to the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme that relates to the person’s employment which is the same as, or most similar to, the employment in respect of which the award is payable.

(2) In the event that an award is payable to a person who is not an active member of the 2015 Scheme, or has elected not to make pension contributions under the New Firefighters’ Pension Scheme or the Firefighters’ Pension Scheme, when calculating an award payable under this scheme, the person’s ‘relevant service’ is determined according to the pension scheme the person would have been eligible to be a member of when they sustained the qualifying injury.

(3) In sub-paragraph (2), “eligible to be a member” means a person’s eligibility to be a member of any of the Firefighters’ Pension Scheme, the New Firefighters’ Pension Scheme and the 2015 Scheme, pursuant to article 2 (exclusive application to regular firefighters) of the Firefighters’ Pension Scheme, article 4 (scheme membership) of Part 2 of the New Firefighters’ Pension Scheme or regulation 16 of, or Schedule 2 to the 2015 Regulations, as the case may be.]

Textual Amendments

2.—(1) The amount of a person’s injury pension under rule 1 of Part 2 shall be reduced by three quarters of the amount of any other pension referable to his service as a firefighter [F145(including, if rule 3 of Part 10 applies in his case, the aggregate of the pension to which he is entitled under article 15 of the Firefighters’ Pension Scheme or article 12 of the New Firefighters’ Pension Scheme or regulation 73 of the 2015 Regulations and the amount of the difference referred to in rule 3(3) of Part 10)].N.I.

(2) The amount of a person’s injury pension calculated in accordance with paragraph 1 shall be reduced by three quarters of the amount of any other pension calculated by reference to pensionable service reckonable by virtue of the period of service during which he received the qualifying injury or, where an election under article 59 of [F146the Firefighters’ Pension Scheme or article 8 of the New Firefighters’ Pension Scheme] [F147or the exercise of an option not to become an active member of the 2015 Scheme in accordance with Chapter 2 of Part 3 of the 2015 Regulations] had effect or the person failed to make an election under article 58 of [F148the Firefighters’ Pension Scheme or article 64 of the New Firefighters’ Pension Scheme] [F149or regulation 121(3) of the 2015 Regulations or failed to exercise an option to become an active member of the 2015 Scheme in accordance with regulation 21 of the 2015 Regulations], by the amount of any other pension which would otherwise have been so calculated.

(3) For the purposes of sub-paragraphs (1) and (2), any reduction of the other pension—

(a)under article 18 (commutation) or 20 (allocation) of [F150the Firefighters’ Pension Scheme or article 19 (commutation: general) or article 21 (allocation of pension) of the New Firefighters’ Pension Scheme] [F151or regulation 117 (commutation of part of pension) or Chapter 6 (allocation of part of pension) of Part 5 of the 2015 Regulations];

(b)under Part VII of Schedule 2 to [F152the Firefighters’ Pension Scheme]; or

(c)by virtue of a pension debit,

shall be disregarded.

Textual Amendments

Commencement Information

I48Sch. 1 Pt. 1 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

3.—(1) In respect of any week for which the person is entitled to an additional benefit mentioned in sub-paragraph (2) the amount of his injury pension calculated in accordance with paragraph 1 shall, subject to sub-paragraph (6), be reduced by the amount of the benefit.N.I.

(2) The additional benefits are—

(a)so much of any disablement pension under section 103 of the Social Security Contribution and Benefits (Northern Ireland) Act 1992(16) (“the 1992 Act”) as relates to the qualifying injury, together with any relevant increase;

(b)so much of any reduced earnings allowance under paragraph 11 of Schedule 7 to the 1992 Act as relates to the qualifying injury; and

(c)until the material date, any benefit mentioned in sub-paragraph (3), together with any relevant increase.

(3) The material date for the purposes of sub-paragraph (2)(c) is the first day after the person’s retirement which is not, or is deemed not to be, a day of incapacity for work within the meaning of section 31 or 33 of the 1992 Act, or, as the case may be, a day on which he is incapable for work within the meaning of section 68 of the 1992 Act, and the benefits are—

(a)any sickness benefit under section 31 of the 1992 Act; and

(b)any invalidity pension under section 33 of the 1992 Act, including any additional component comprised in it in pursuance of section 55 of and Schedule 5 to the 1992 Act; and

(c)any severe disablement allowance under section 68 of the 1992 Act.

(4) In relation to the additional benefit mentioned in sub-paragraph (2)(a), relevant increases comprise any increase in the benefit attributable to an increase in the pension—

(a)by way of unemployability supplement under paragraph 2 of Schedule 7 to the 1992 Act, excluding any increase under paragraph 3 of Schedule 7 in the supplement; or

(b)under paragraph 4 or 6 of Schedule 7 to the 1992 Act (dependants),

and so long as the person is receiving treatment as an in-patient at a hospital as a result of the qualifying injury, any increase in the pension under paragraph 10 of Schedule 7 to the 1992 Act (hospital treatment).

(5) In relation to the additional benefits referred to in sub-paragraph (2)(c), any increase under any provision of sections 80 to 93 of the 1992 Act (dependants) is a relevant increase.

(6) Where the provisions governing scales of additional benefits have changed after the person ceased to be a regular firefighter, the amount of the reduction in his injury pension in respect of any week on account of a particular benefit shall not exceed what it would have been if those provisions had not changed.

(7) Where a person has become entitled to a disablement gratuity under section 103 of the 1992 Act in respect of the qualifying injury, this paragraph has effect as if he were entitled under that section during the relevant period to a disablement pension of the amount that would be produced by converting the gratuity into an annuity for that period; the relevant period is the period taken into account, in accordance with section 103 of the 1992 Act, for the purpose of making the assessment by reference to which the gratuity became payable.

Commencement Information

I49Sch. 1 Pt. 1 para. 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

4.  No payment shall be made in respect of an injury pension for any week in which the aggregate reductions under paragraphs 2 and 3 equal or exceed the amount of the pension calculated in accordance with paragraph 1.N.I.

Commencement Information

I50Sch. 1 Pt. 1 para. 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

PART 2N.I.CALCULATION OF AWARDS FOR PART-TIME SERVICE

1.—(1) Where some or all of a person’s service, F153..., is part-time service, his injury gratuity or pension under Part 1 shall be calculated in accordance with this Part.N.I.

Textual Amendments

Commencement Information

I51Sch. 1 Pt. 2 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

2.—(1) [F154Subject to sub-paragraph (2), the] amount of the gratuity or pension is—

(A x (B + C)) ÷ D

where—

A is the amount of that award calculated under Part 1 if the average pensionable pay [F155final pensionable pay or final pay, as the case may be] was the pay the person would have received had he been a whole-time employee of the Board;

B is the period in years of his [F156relevant service] as a whole-time employee of the Board;

C is the period in years of his [F156relevant service] as a part-time employee of the Board, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and

D is the period in years of his [F156relevant service].

[F157(2) Where the person is a member of the Firefighters’ Pension Scheme, neither (B + C) nor D shall exceed 30 years.]

[F158(3) Where the person is or is eligible to be an active member in the 2015 Scheme, “relevant service” in B, C and D means the total of the service referred to in paragraph 1A(1)(a) and (b) of Part 1 of Schedule 1.]

Textual Amendments

Commencement Information

I52Sch. 1 Pt. 2 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F159PART 3N.I.CALCULATION OF AWARDS FOR RETAINED OR VOLUNTEER SERVICE

Textual Amendments

1.  The amounts of the injury gratuity and injury pension payable to a retained or volunteer firefighter shall be calculated in accordance with [F160the table in paragraph 1 of Part 1 of this Schedule] of Part 1 as if for “[F161relevant service]” there were substituted “pensionable retained service”.]N.I.

Textual Amendments

Part 3

SCHEDULE 2N.I.AWARDS FOR SPOUSES AND CIVIL PARTNERS

PART 1N.I.SPECIAL PENSION

1.  [F162Subject to paragraphs 2 and 3], the weekly amount of a special pension is 45% of the deceased’s average pensionable pay [F163[F164final pensionable pay or final pay, as the case may be],] for a week.

Textual Amendments

Commencement Information

I53Sch. 2 Pt. 1 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

2.—(1) Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount of special pension shall be calculated in accordance with the formula—N.I.

(A x (B + C)) ÷ D

where—

A is the amount calculated under Part 1 of Schedule 1 if the average pensionable pay [F165the final pensionable pay or the final pay, as the case may be] was the pay the deceased would have received had he been a whole-time employee of the Board;

B is the period in years of his [F166relevant service] as a whole-time employee of the Board;

C is the period in years of his [F166relevant service] as a part-time employee of the Board, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and

D is the period in years of his [F166relevant service].

[F167(2) Where the person was a member of the Firefighters’ Pension Scheme, neither (B + C) nor D shall exceed 30 years.]

[F168(3) Where the person is or is eligible to be an active member in the 2015 Scheme, “relevant service” in B, C and D means the total of the service referred to in paragraph 1A(1)(a) and (b) of Part 1 of Schedule 1.]

Textual Amendments

Commencement Information

I54Sch. 2 Pt. 1 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F1693.—(1) Where the deceased was employed as a retained firefighter but not as a regular firefighter at the time of his death, the amount of special pension shall be calculated in accordance with the formula—N.I.

where—

A is the amount calculated under paragraph 1 as if the final pensionable pay was the pay the deceased would have received had he been a whole-time employee of the Board;

B is the period in years of his pensionable retained service; and

C is the period in years of his relevant service.

(2) Where the person was a member of the New Firefighters’ Pension Scheme, neither B nor C shall exceed 40 years.

[F170(3) Where the person is or is eligible to be an active member in the 2015 Scheme, “relevant service” in C means the total of the service referred to in paragraph 1A(1)(a) and (b) of Part 1 of Schedule 1.]]

Textual Amendments

[F171PART 2N.I.AWARD FOR SURVIVING SPOUSE OF POST-RETIREMENT MARRIAGE WHERE DECEASED IS A MEMBER OF THE FIREFIGHTERS’ PENSION SCHEME BUT NOT A MEMBER OF THE NEW FIREFIGHTERS’ PENSION SCHEME

Textual Amendments

1.—(1) Where the surviving spouse of a person who—N.I.

(a)was a member of the Firefighters’ Pension Scheme but

(b)was not a member of the New Firefighters’ Pension Scheme [F172or the 2015 Scheme],

would otherwise have been entitled to a special award under rule 1 of Part 3 or an augmented award under rule 2 of that Part, the amount of his pension under that Part shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Schedule 3 to the Firefighters’ Pension Scheme (spouse’s or civil partner’s ordinary pension) in the same way as that of an ordinary pension.

(2) For the purposes of this paragraph, paragraph 1 of Part 1 of Schedule 3 to the Firefighters’ Pension Scheme has effect—

(a)as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension, and

(b)as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

Textual Amendments

2.  The appropriate proportion mentioned in paragraph 1(2)(a) is the proportion which the deceased’s relevant pensionable service bears to his total pensionable service.]N.I.

Part 4

SCHEDULE 3N.I.AWARDS ON DEATH: CHILDREN

PART 1N.I.CHILD’S SPECIAL ALLOWANCE

1.  [F173Subject to paragraphs 4 and 5], the amount of a child’s special allowance is the appropriate percentage of the deceased’s average pensionable pay [F174his final pensionable pay or his final pay, as the case may be] .

Textual Amendments

Commencement Information

I55Sch. 3 Pt. 1 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

2.  Where one of the child’s parents is alive—N.I.

(a)if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 10; and

(b)if 5 or more special allowances are payable, the appropriate percentage is 40 divided by the number of allowances.

Commencement Information

I56Sch. 3 Pt. 1 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

3.  In respect of any period during which neither of the child’s parents is alive—N.I.

(a)if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 20; and

(b)if 5 or more special allowances are payable, the appropriate percentage is 80 divided by the number of allowances.

Commencement Information

I57Sch. 3 Pt. 1 para. 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

4.—(1) Where some or all of the deceased’s service, F175... was part-time service, the amount of special allowance shall be calculated using the formula in paragraph 2 of Part 2 of Schedule 1.N.I.

(2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted “A is the amount calculated under paragraphs 1 to 3 of Part 2 of Schedule 4 if the average pensionable pay [F176the final pensionable pay or the final pay, as the case may be,] was the pay the deceased would have received had he been a whole-time employee of the Board”.

Textual Amendments

Commencement Information

I58Sch. 3 Pt. 1 para. 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F1775.—[F178(1)] Where the deceased was employed as a retained firefighter but not as a regular firefighter at the time of his death, the amount of the special allowance shall be calculated in accordance with the formula—N.I.

where—

A is the amount calculated under paragraphs 1 to 3 of this Part as if the final pensionable pay was the pay the deceased would have received had he been a whole-time employee of the Board;

B is the period in years of his pensionable retained service;

C is the period in years of his relevant service.

[F179(2) Where the person is or is eligible to be an active member in the 2015 Scheme, “relevant service” in C means the total of the service referred to in paragraph 1A(1)(a) and (b) of Part 1 of Schedule 1.]]

Textual Amendments

PART 2N.I.REDUCTION IN CHILD’S ALLOWANCE DURING FULL-TIME REMUNERATED TRAINING

1.—(1) This Part applies where a child entitled to an allowance under rule 1 of Part 4 (“the special allowance”)—N.I.

(a)is undergoing full-time vocational training; and

(b)is receiving in respect of that training remuneration at an annual rate which exceeds the rate specified in paragraph 3(1) (“the specified rate”).

Commencement Information

I59Sch. 3 Pt. 2 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

2.—(1) Where this Part applies—N.I.

(a)if the amount by which the annual rate of the remuneration exceeds the specified rate (“the excess remuneration”) is the same as or larger than the effective amount of the relevant allowance, the allowance shall not be paid; and

(b)in any other case, the amount of the relevant allowance shall be reduced by that of the excess remuneration.

(2) Where other children are also entitled to allowances and one of the relevant provisions, that is to say paragraph 1(2)(b) and (3)(b) of Part 1 of this Schedule and sub-paragraphs 1(b) and 3(b) apply—

(a)where sub-paragraph (1)(a) applies, each of the other allowances shall be recalculated as if there were no entitlement to the relevant allowance; and

(b)where sub-paragraph (1)(b) applies, each of the other allowances shall be increased by the amount of the excess remuneration divided by the number of those allowances.

(3) Notwithstanding anything in sub-paragraph (2)—

(a)no child shall by virtue of that sub-paragraph receive an allowance greater than that to which he would be entitled if no relevant provision applied in his case; and

(b)the total of the effective amounts of the allowances to be paid under a relevant provision shall not by virtue of that sub-paragraph exceed what would otherwise have been payable under the relevant provision.

Commencement Information

I60Sch. 3 Pt. 2 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

3.—(1) The specified rate is the annual rate (rounded up to the nearest pound) at which an official pension, within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971(17) (“the 1971 Act”), would for the time being be payable if it had begun, and first qualified for increases under the 1971 Act, on 1st June 1972 and had then been payable at an annual rate of £250.N.I.

(2) The effective amount of an allowance is its amount together with that of any increase in it under the 1971 Act.

Commencement Information

I61Sch. 3 Pt. 2 para. 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Part 5

SCHEDULE 4N.I.AWARDS ON DEATH: ADDITIONAL PROVISION

PART 1N.I.ADULT DEPENDENT RELATIVE’S SPECIAL PENSION

1.  [F180Subject to paragraphs 2, 3 and 4], the amount of the pension—

(a)while a surviving spouse or civil partner is alive, is 20%; and

[F181(b)]in any other case, is 45%,

of the deceased’s average pensionable pay [F182or his final pensionable pay or his final pay, as the case may be].

Textual Amendments

Commencement Information

I62Sch. 4 Pt. 1 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

2.—(1) For any week for which the total of—N.I.

(a)any spouse’s or civil partner’s special pension; and

(b)any child’s special allowance,

equals or exceeds the amount of the deceased’s average pensionable pay [F183or his final pensionable pay or his final pay, as the case may be] for a week, no dependent relative’s special pension is payable.

(2) For any week for which the total of the special pension and—

(a)any surviving spouse’s or civil partner’s special pension; and

(b)any child’s special allowances,

would exceed the amount of the deceased’s average pensionable pay [F183or his final pensionable pay or his final pay, as the case may be] for a week, the dependent relative’s special pension shall be reduced so that the total does not exceed that amount.

Textual Amendments

Commencement Information

I63Sch. 4 Pt. 1 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

3.—(1) Where some or all of the deceased’s service, F184... was part-time service, the amount of the deceased’s average pensionable pay [F185or his final pensionable pay or his final pay, as the case may be] shall be calculated using the formula in paragraph 2 of Part 2 of Schedule 1.N.I.

(2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted “A is the average pensionable pay [F185or his final pensionable pay or his final pay, as the case may be] the deceased would have received had he been a whole-time employee of the Board”.

Textual Amendments

Commencement Information

I64Sch. 4 Pt. 1 para. 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F1864.—[F187(1)] Where the deceased was employed as a retained firefighter but not as a regular firefighter at the time of his death, paragraphs 1 and 2 shall apply with the modification that for any reference to his final pensionable pay [F188or final pay] there shall be substituted the product of the formula—N.I.

where—

A is the amount of pay the deceased would have received had he been a whole-time employee of the Board;

B is the period in years of his pensionable retained service;

C is the period in years of his relevant service.

[F189(2) Where the person is or is eligible to be an active member in the 2015 Scheme, “relevant service” in C means the total of the service referred to in paragraph 1A(1)(a) and (b) of Part 1 of Schedule 1.]]

Textual Amendments

PART 2N.I.LUMP SUM IN LIEU OF CHILD’S ALLOWANCE

1.  The amount of the lump sum is such amount, not exceeding the permitted amount, as may be agreed between the Board and—N.I.

(a)a surviving parent or the child’s guardian; or

(b)if he has neither, the child himself.

Commencement Information

I65Sch. 4 Pt. 2 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

2.  The permitted amount is the capitalised value of the amount commuted under rule 3 of Part 5, calculated in accordance with tables prepared from time to time by the Government Actuary.N.I.

Commencement Information

I66Sch. 4 Pt. 2 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Part 6

SCHEDULE 5N.I.APPEALS

1.—(1) Subject to sub-paragraph (2), written notice of appeal against an opinion of the kind mentioned in rule 1(2) of Part 6 stating—N.I.

(a)the grounds of the appeal; and

(b)the appellant’s name and address,

must be given to the Board within 14 days beginning with the date on which he is supplied by the Board with a copy of the opinion.

(2) Where—

(a)notice of appeal is not given within the period specified in sub-paragraph (1); but

(b)the Board is of the opinion that the person’s failure to give it within that period was not due to his own default,

it may extend the period for giving notice to such length, not exceeding six months from the date mentioned in sub-paragraph (1), as it thinks fit.

Commencement Information

I67Sch. 5 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

2.—(1) On receiving a notice of appeal the Board shall supply the Department with two copies of the notice and two copies of the opinion.N.I.

(2) The Department shall refer an appeal to an independent medical referee and shall supply him with a copy of the notice and a copy of the opinion.

Commencement Information

I68Sch. 5 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

3.  The independent medical referee shall secure that the appellant and the Board (“the parties”) have been informed—N.I.

(a)that the appeal is to be determined by him; and

(b)of an address to which communications relating to the appeal may be delivered.

Commencement Information

I69Sch. 5 para. 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

4.  Subject to sub-paragraph (4), the independent medical referee —N.I.

(a)shall interview and medically examine the appellant at least once; and

(b)may interview or medically examine him or cause him to be interviewed or medically examined on such further occasions as he thinks necessary for the purpose of deciding the appeal.

(2) The independent medical referee shall—

(a)appoint; and

(b)give the parties not less than 21 days’ notice of,

the time and place for every interview and medical examination; if the independent medical referee is satisfied that the appellant is unable to travel, the place shall be the appellant’s place of residence.

(3) The appellant shall attend at the time and place appointed for any interview and medical examination by the independent medical referee or any person appointed by the independent medical referee for that purpose.

(4) If—

(a)the appellant fails to comply with sub-paragraph (3); and

(b)the independent medical referee is not satisfied that there was reasonable cause for the failure,

the independent medical referee may dispense with the interview required by paragraph (1)(a) or, as the case may be, with any further interview, and may decide the appeal on such information as is then available.

(5) Persons appointed for the purpose by the Board or by the appellant or by each of them may attend any interview under this paragraph.

Commencement Information

I70Sch. 5 para. 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

5.—(1) Where either party to the appeal intends to submit written evidence or a written statement at an interview held under paragraph 5, the party shall, subject to sub-paragraph (2), submit it to the independent medical referee and to the other party not less than seven days before the date appointed for the interview.N.I.

(2) Where any written evidence or statement has been submitted under sub-paragraph (1) less than nine days before the date appointed for the interview, any written evidence or statement in response may be submitted by the other party to the independent medical referee and the party submitting the first-mentioned evidence or statement at any time up to, and including, that date.

(3) Where any written evidence or statement is submitted in contravention of sub-paragraph (1), the independent medical referee may postpone the date appointed for the interview and require the party who submitted the evidence or statement to pay such reasonable costs of the independent medical referee and of the other party as arise from the adjournment.

Commencement Information

I71Sch. 5 para. 5 in operation at 2.4.2007 with effect in accordance with art. 1(1)

6.  The independent medical referee shall supply the Department with a written report of his decision on the relevant medical issues and the Department shall supply a copy of the report to the appellant and to the Board.N.I.

Commencement Information

I72Sch. 5 para. 6 in operation at 2.4.2007 with effect in accordance with art. 1(1)

7.—(1) There shall be paid to the independent medical referee —N.I.

(a)such fees as are determined in accordance with arrangements made by the Department; or

(b)where no such arrangements have been made, such fees and allowances as the Department may from time to time determine

(2) Any fees and allowances payable to the independent medical referee under sub-paragraph (1) shall—

(a)be paid by the Board; and

(b)be treated for the purposes of paragraph 8 as part of the Board’s expenses.

Commencement Information

I73Sch. 5 para. 7 in operation at 2.4.2007 with effect in accordance with art. 1(1)

8.—(1) Subject to paragraph 5(3) and sub-paragraphs (2) to (5) the expenses of each party to the appeal shall be borne by that party.N.I.

(2) Where the independent medical referee —

(a)decides in favour of the Board; and

(b)reports that in his opinion the appeal was frivolous, vexatious or manifestly ill-founded,

the Board may require the appellant to pay it such sum not exceeding the amount of the fees and allowances payable to the independent medical referee under paragraph 7(1), as it thinks fit.

(3) Where the appellant gives notice to the independent medical referee of withdrawing the appeal within a period of 21 working days prior to the date appointed for an interview or medical examination by the independent medical referee under paragraph 4(2), the Board may require the appellant to pay such sum as it thinks fit, not exceeding the independent medical referee’s total fees and allowances under paragraph 7(1).

(4) Where the independent medical referee —

(a)decides in favour of the appellant; and

(b)does not otherwise direct,

the Board shall refund to the appellant the amount specified in sub-paragraph (5).

(5) The amount is the total of—

(a)any personal expenses actually and reasonably incurred by the appellant in respect of any interview under paragraph 4; and

(b)if any such interview was attended by a qualified medical practitioner appointed by the appellant, any fees and expenses reasonably paid by the appellant in respect of such attendance.

(6) For the purposes of sub-paragraphs (2) and (4) any question arising as to whether the independent medical referee’s decision is in favour of the Board or of the appellant shall be decided by the independent medical referee, or in default by the Department.

Commencement Information

I74Sch. 5 para. 8 in operation at 2.4.2007 with effect in accordance with art. 1(1)

9.  Any notice, information or document which an appellant is entitled to receive for the purposes of this Part shall be deemed to have been received by him if it was duly posted in a letter addressed to him at his last known place of residence.N.I.

Commencement Information

I75Sch. 5 para. 9 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Part 7

SCHEDULE 6N.I.SERVICEMEN: INCREASED AWARDS

1.  The total of—N.I.

(a)the amount of a pension as increased under rule 2(3)(b) of Part 7; and

[F190(b)]the amount of any service pension other than an allowance for constant attendance, wear and tear of clothing, or comforts,

must not exceed the amount of the injury pension to which the serviceman would have been entitled if rule 1 of Part 2 had applied.

Textual Amendments

Commencement Information

I76Sch. 6 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

2.  The total of—N.I.

(a)the amount of a pension as increased under rule 3(2)(b) of Part 7; and

(b)the amount of any service pension payable to the spouse or civil partner in respect of the serviceman,

must not exceed the amount of the special pension to which the spouse or civil partner would have been entitled if rule 1 of Part 3 had applied.

Commencement Information

I77Sch. 6 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

3.  The total of—N.I.

(a)the amount of a child’s allowance as increased under rule 3(2)(b) of Part 7; and

(b)the amount of any service pension payable to or for the child in respect of the serviceman,

must not exceed the amount of the special allowance to which the child would have been entitled if rule 1 of Part 4 had applied.

Commencement Information

I78Sch. 6 para. 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Part 7A

[F191SCHEDULE 6AN.I.RESERVISTS: INCREASED AWARDS

Textual Amendments

1.  The total of—N.I.

(a)the amount of a pension as increased under rule 2(3)(b) of Part 7A, and

(b)the amount of any service pension other than an allowance for constant attendance, wear and tear of clothing, or comforts,

must not exceed the amount of the injury pension to which the reservist would have been entitled if rule 1 of Part 2 had applied.

2.  The total of—N.I.

(a)the amount of a pension as increased under rule 3(2) of part 7A, and

(b)the amount of any service pension payable to the spouse or civil partner in respect of the reservist,

must not exceed the amount of the special pension to which the spouse or civil partner would have been entitled if rule 1 of Part 3 had applied.

3.  The total of—N.I.

(a)the amount of a child’s allowance as increased under rule 3(2) of part 7A, and

(b)the amount of any service pension payable to or for the child in respect of the reservist,

must not exceed the amount of the special allowance to which the child would have been entitled if rule 1 of Part 4 had applied.]

Article 2(2)

SCHEDULE 7N.I.CORRESPONDING PROVISIONS OF THE PENSION SCHEME AND THE COMPENSATION SCHEME

Commencement Information

I79Sch. 7 in operation at 2.4.2007 with effect in accordance with art. 1(1)

(1)

Corresponding provision of Pension Scheme

(2)

Provision of Compensation Scheme

Article 7 (qualifying injury)In Part 1, rule 7
Article 9 (death or infirmity resulting from injury)In Part 1, rule 9
Article 18 (injury award)In Part 2, rule 1
Article 29 (spouse’s or civil partner’s special award)In Part 3, rule 1
Article 30 (spouse’s or civil partner’s augmented award)In Part 3, rule 2
Article 39 (child’s special allowance)In Part 4, rule 1
Article 40 (child’s special gratuity)In Part 4, rule 2
Article 45 (adult dependent relative’s special pension)In Part 5, rule 1
Article 81 (servicemen who resume service as regular firefighters)In Part 7, rule 4
Article 91 (whole-time member of brigade who is not a regular firefighter)In Part 8, rule 1
Article 92 (retained or volunteer member of brigade)In Part 8, rule 2
Article 93 (members of brigade other than regular firefighters – supplementary)In Part 8, rule 3
Article 95 (reassessment of injury pension)In Part 9, rule 2
In Schedule 1, Part I, the entry relating to “qualifying injury”In Part 1, rule 2(1)
In Schedule 2, Part VI (injury awards)Schedule 1
In Schedule 3, Part II (spouse’s or civil partner’s special pension)Schedule 2
In Schedule 4, Part II (child’s special allowance)Schedule 3
Schedule 5 (adult dependent relative’s special pension)Schedule 4
Schedule 10 (servicemen – increased awards)Schedule 6

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for a new compensation scheme for firefighters in Northern Ireland. The new scheme is set out in Schedule 1 to the Order and, subject to provisions relating to rule 3 of Part 2, which has effect from 1st April 2000, has effect from 1st April 2006. The power to give retrospective effect to provisions is conferred by Article 10(4) of the Fire Services (Northern Ireland) Order 1984, as continued by Article 60 of the Fire and Rescue Services (Northern Ireland) Order 2006.

The new scheme consists primarily of provisions relating to ill-health and injury awards in respect of firefighters, their spouses, civil partners, children and other dependants, that are similar to those contained in, but to be removed from, the Pension Scheme.

The new scheme also includes (in rule 3 of Part 2) provisions based on those that previously formed part of the conditions of service applicable to firefighters. The provisions relate to the payment of compensation in respect of firefighters who die or sustain seriously disabling injuries while on duty.

The broad effect of rule 3 of Part 2 is that, where the firefighter dies while on duty, compensation of a lump sum, equivalent to five years’ pensionable pay after four years’ service, at the rate applying at the date of the incident, is payable to his or her dependants. If there are no dependants, a flat-rate payment of £950 is made to the deceased’s estate. Those amounts are subject to abatement depending on the amount of any damages or compensation received by the firefighter or his or her dependants, and any gratuities paid.

Article 3 of the Order enables a person whose position under the new scheme would be less favourable than that under the Pension Scheme to elect to retain benefits under that Scheme. Notice of election has to be given to the Board before 16th April 2007.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.

(1)

S.I. 1984/1821 (N.I. 11); see Article 2(2) for the definition of “the Department”; Article 10 was continued by S.I. 2006/1254 (N.I. 9), Article 60(1) and (2).

(2)

See S.R. 1999 No. 481 Schedule 4, Part III

(3)

Formerly the Department of Finance. See S.I. 1982/338 (N.I.6) Article 3

(8)

The Faculty of Occupational Medicine is a registered charity no. 1035415

(10)

1993 c.49.

(12)

2004 c. 12. As to “the lump sum rule”, see section 166 of that Act.

(13)

1951 c.23.

(14)

1992 c.7.

(16)

1992 c 7.

(17)

1971 c.56.