9.—(1) A person (P) to whom any of paragraphs 12 to 14 applies is a full protection member of the FPS or the NFPS, as the case may be.
(2) P ceases to be a full protection member of the FPS or the NFPS, [F1as the case may be—
(a)on 31st March 2022; or
(b)when P cease to be in pensionable service under that scheme and ceases to be eligible to be an active member of the NFPS unless sub-paragraph (3) or (4) applies, if earlier.]
[F2(2A) Where P was a full protection member of the FPS and after retiring from pensionable service in this scheme became entitled to a continuous service pension under article 13A, or an ordinary pension under article 13 or a short service award under article 14 of that scheme or a continued pension under article 14A, P ceases to be eligible to be a full protection member of the NFPS.]
(3) This sub-paragraph applies if—
(a)P returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme (other than the FPS) or an existing public body pension scheme; and
(b)P would have been a fully protected member of that existing scheme or existing public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.
(4) This sub-paragraph applies if—
(a)P returns to service which is pensionable under the NFPS otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b)P returns to service which is pensionable under the NFPS after a gap in service not exceeding five years.
(5) If P returns to service which is pensionable under the NFPS in circumstances where sub-paragraph (6) applies, P is a tapered protection member of the NFPS when P returns to that service.
(6) This sub-paragraph applies if—
(a)P returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b)P would have been a protected member of the existing scheme or existing public body pension scheme by virtue of an exception to which section 18(8)(a) and (b) of the 2014 Act (or that section as applied by section 32(4)) applies had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.
(7) For the purposes of paragraph (4)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.
Textual Amendments
F1Words in Sch. 2 para. 9(2) substituted (1.4.2022) by The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/155), reg. 1(2), Sch. 1 para. 4(4)
F2Sch. 2 para. 9(2A) inserted (retrospective to 1.4.2015) by The Firefighters Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/420), reg. 1(2), Sch. 1 para. 7(b)