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

PART 1N.I.GENERAL PROVISIONS

[F1Determining 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 [F2or 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;

[F3(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.

[F4(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