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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

I1Annex 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(1);

“the 2006 Order” means the Fire and Rescue Services (Northern Ireland) Order 2006(2);

[F1“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;]

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

“average pensionable pay” has the same meaning as in [F2the 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 ;

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

“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(3) or an equivalent institution of an EEA State; and for the purposes of this definition “a competent authority” has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(4);

[F3“final pensionable pay” shall be construed in accordance with article 62 of the New Firefighters’ Pension Scheme;]

“injury” includes disease;

[F3“normal benefit age” has the meaning given by article 6(2) of the New Firefighters’ Pension Scheme;]

“normal pension age”, in relation to employees of the Board appointed on terms under which they are or may be required to engage in fire-fighting, means 55;

“pension” means a pension under this Scheme;

F4...

[F3“pensionable pay”—

(a)

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

(b)

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

F4...

[F3“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;]

[F3“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;]

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

[F3“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;

[F3“retained firefighter” and “retained or volunteer firefighter” mean a person employed by the board—

(a)

as a firefighter but not as a regular firefighter,

(b)

on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting),

(c)

otherwise than in a temporary capacity, and

(d)

who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives;]

F4...

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

“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(5);

“surviving spouse” means a widow or widower; and

F4...

(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

I2Annex Scheme Pt. 1 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Exclusive application to regular firefightersN.I.

3.—(1) Subject to paragraph (3) and Part 8 (special cases), this Scheme applies in relation to regular 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 (6).

(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 regular 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.

Commencement Information

I3Annex 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

I4Annex 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

I5Annex 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 regular 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 retained or volunteer firefighter) and Part 2 of Schedule 2, any period of service 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 pensionable service.

Commencement Information

I6Annex 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 retained or 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 regular 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 and paragraph (4) of rule 2 of Part 10, 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 retained or 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.

Commencement Information

I7Annex 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

I8Annex 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

I9Annex 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

I10Annex Scheme Pt. 1 rule 10 in operation at 2.4.2007 with effect in accordance with art. 1(1)

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

Injury awardsN.I.

1.—(1) This rule applies to a F5... 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

I11Annex Scheme Pt. 2 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F6Part-time membersN.I.

2.—(1) Where a person is entitled to an award under this Part and some or all of his service, by virtue of which his pensionable service is reckonable, 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 retained or volunteer firefighter on or after 6th April 2006; and

(b)is entitled to an award under this Part,

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 [F7the Firefighters’ Pension Scheme, or any lump sum payable under the New Firefighters’ Pension 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

I12Annex 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 [F8the Firefighters’ Pension Scheme or article 37 of the New Firefighters’ Pension Scheme] (pension credit member’s entitlement to pension); and

(c)any increase under the Pensions (Increase) Act (Northern Ireland) 1971(7),

does not exceed the commutation limit for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 (lump sum rule)(8), 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

I13Annex 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 regular 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 [F93, 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 regular firefighter, the amount of the gratuity is the total of 25% of his average pensionable pay [F10or, as the case may be, his final pensionable pay] and the greater of—

(a)as regards a surviving spouse—

(i)his average pensionable pay [F10or, as the case may be, his final pensionable pay]; and

(ii)two and a quarter times the amount of the pension that would have been payable under article 17 of [F11the Firefighters’ Pension Scheme or article 12 of the New Firefighters’ Pension Scheme] (ill-health award) 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 [F10or, as the case may be, his final pensionable pay]; 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 [F12or, as the case may be, his final pensionable pay].

(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

I14Annex 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 regular 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.

Commencement Information

I15Annex 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

I16Annex 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) [F13Subject 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.

[F14(1A) Paragraph (1) does not apply to a person—

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

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

(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 [F15the 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

I17Annex 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) [F16Subject 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) [F17Subject 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.

[F18(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 that Scheme, but elects not to pay pension contributions]

Textual Amendments

Commencement Information

I18Annex Scheme Pt. 3 rule 5 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F19Amount of Survivor’s pension: special casesN.I.

6.—(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; or

(b)in respect of whom an election under rule 5(1) of Part 2 not to make pension contributions has effect on that day.

(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 regular 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.

Commencement Information

I19Annex 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 regular 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.

Commencement Information

I20Annex 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 be a regular firefighter.

[F20(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

I21Annex 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 regular 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.

Commencement Information

I22Annex 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 regular 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.

Commencement Information

I23Annex 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 [F21Part 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

I24Annex 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

I25Annex 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 regular 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 [F22the Firefighters’ Pension Scheme, and]

[F23(c)any children’s pensions payable under the New Firefighters’ Pension Scheme,]

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 [F24the 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 [F25, a child’s ordinary or accrued allowance under the Firefighters’ Pension Scheme or a child’s pension under the New Firefighters’ Pension Scheme] 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 [F26the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme] is payable to a surviving spouse or civil partner.

Textual Amendments

Commencement Information

I26Annex 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 a 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.

Commencement Information

I27Annex 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

I28Annex Scheme Pt. 6 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

Appeal against decision of the AuthorityN.I.

3.—(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the Board —

(a)does not admit the claim at all; or

(b)does not admit the claim to its full extent,

the Board shall reconsider the case if he applies to it to do so.

(2) If he is dissatisfied with any determination given by the Board on reconsidering the case, he may, within 2 months of being informed by the Board of the decision, appeal to the Department against the decision of the Board

(3) The Department shall, unless it appears to it that the case is of such a nature that it can properly be determined without taking oral evidence, arrange for the hearing of the appeal, and at any such hearing the appellant shall be entitled to have an opportunity of submitting statements relating to the subject matter of the appeal, calling witnesses, giving evidence and making such representations as he desires, and shall be entitled to have the assistance in presenting his case of a person selected by himself.

(4) After considering in accordance with the foregoing provisions of this rule all the circumstances of the case the Department shall either allow the claim to such extent as it thinks fit or dismiss the appeal.

(5) Nothing in this paragraph shall authorise the Department to:-

(a)control or restrict the exercise of any discretion which is vested in the Board by any provision of this Scheme except rule 5 of Part 9 (withdrawal of pension on conviction of certain offences);

(b)reopen any medical issue decided on appeal under rule 2; or

(c)question any certificate as to pensionable service which has become conclusive under article 45(5) of [F27the Firefighters’ Pension Scheme] (reckoning of and certification as to pensionable service).

(6) The decision of the Department on an appeal under paragraph (2) shall be final and binding on both parties.

Textual Amendments

Commencement Information

I29Annex Scheme Pt. 6 rule 3 in operation at 2.4.2007 with effect in accordance with art. 1(1)

PART 7N.I.SERVICEMEN

Interpretation of Part 7N.I.

[F281.—(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(9) (“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

I30Annex 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 [F29the 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 [F29the 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 [F30The 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 [F31or any ill-health pension payable under the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme].

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

Textual Amendments

Commencement Information

I31Annex 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 [F32the 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 [F32the 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 [F33the 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

I32Annex 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

I33Annex Scheme Pt. 7 rule 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F34PART 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; 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.

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) has 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—

(a)pay him, instead of an ill health pension under article 12 of the New Firefighters’ Pension Scheme, a pension at the rate of one twelfth of his final pensionable pay, 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).

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.

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

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 F35... 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(10); 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) [F36Subject 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.

[F37(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

I34Annex 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 retained or volunteer firefighterN.I.

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

(a)who was employed by the Board [F38immediately before 6th April 2006] as a retained firefighter or 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) [F39; 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 that is then in payment.]

(3) Articles 18 (commutation), 20 (allocation) and 21 (limitation of commuted or allocated portion [F40of the Firefighters’ Pension Scheme or article 19 (commutation: general) or 21 (allocation of pension) of the New Firefighters’ Pension Scheme]) shall apply in relation to the awards to which, by virtue of paragraph (2), he is entitled.

(4) [F41Subject to paragraph (4A), a] person to whom paragraph (1) applies shall be treated for the purposes of article 15 (ill-health awards) of [F42the Firefighters’ Pension Scheme] as having been a regular firefighter falling within the description in paragraph (10); and articles 18 (commutation), 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) [F43of the Firefighters’ Pension Scheme or, if he has become a member of the New Firefighters’ Pension Scheme, article 19 (commutation: general) or article 21 (Allocation of pension) of that Scheme, articles 49 (review of ill-health pension) and 50 (consequences of review)] apply accordingly in relation to the awards to which he is thus entitled.

[F44(4A) In the case of a person who has become a member of the New Firefighters’ Pension 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).]

[F45(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 retained or 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 retained or volunteer firefighter and had the same service in that role;

(b)was entitled to reckon as pensionable service a period equal to the retained or 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

I35Annex 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

I36Annex 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

I37Annex 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

[F46(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,]

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 [F47the Firefighters’ Pension Scheme or article 13 of the New Firefighters’ Pension Scheme] if the person had become entitled to one on the date of his ceasing to serve.

Textual Amendments

Commencement Information

I38Annex 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 F48... firefighter by any fire and rescue authority within the United Kingdom.

Textual Amendments

Commencement Information

I39Annex 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(11) 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

I40Annex 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

I41Annex 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

I42Annex 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 [F49the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme].

[F50(2) A pension payable—

(a)under article 20 of the Firefighters’ Pension Scheme or article 21 of the New Firefighters’ Pension Scheme 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), or

(c)under article 78 of the Firefighters’ Pension Scheme or article 100 of the New Firefighters’ Pension Scheme (guaranteed minimum pensions),

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

(3) Subject to paragraph (4) and [F51article 86 of the Firefighters’ Pension Scheme or as, the case may be, article 97 of the New Firefighters’ Pension Scheme], 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—

[F52(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

(ii)articles 11, 12 or 13 of the New Firefighters’ Pension Scheme to an ordinary, ill –health or deferred 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 regular firefighter ceases to be payable.

Textual Amendments

Commencement Information

I43Annex Scheme Pt. 10 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F53Prevention 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

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

(2) This paragraph applies to a person employed as both a regular firefighter and a retained firefighter who—

(a)in respect of his retained employment, was employed before 6th April 2006, and

(b)is entitled—

(i)from the Board to an injury award, article 15 award, article 12 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 or, as the case may be, the article 12 award 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 or, as the case may be, the article 12 award 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

[F53Prevention 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 that Part,

(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, and

(f)a child’s accrued allowance under article 34 of that Scheme.

(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

(3)

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

(8)

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

(10)

1992 c.7.