Paragraph 2 Prevention of duplicationI1

Northern Ireland

(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 F1the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme F2or the 2015 Scheme.

F3(2)

A pension payable—

(a)

under article 20 of the Firefighters’ Pension Scheme F4, 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) F5or 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) F6or 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 F7article 86 of the Firefighters’ Pension Scheme or F8article 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—

F9(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

(F10ii)

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

(F11iii)

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 F12regular or retained firefighter ceases to be payable.

Annotations

Textual amendments

F1: Words in Annex Scheme Pt. 10 rule 2(1)(b) substituted (4.7.2008 with effect from 6.4.2006) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/238), art. 1(1), Sch. para. 11(a)(i) (with arts. 3, 4)
F2: Words in Annex Scheme Pt. 10 rule 2(1)(b) inserted (18.1.2016 with effect from 1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 1 para. 9(2)(a)
F3: Annex Scheme Pt. 10 rule 2(2) substituted (4.7.2008 with effect from 6.4.2006) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/238), art. 1(1), Sch. para. 11(a)(ii) (with arts. 3, 4)
F4: Words in Annex Scheme Pt. 10 rule 2(2)(a) substituted (18.1.2016 with effect from 1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 1 para. 9(2)(b)(i)
F5: Words in Annex Scheme Pt. 10 rule 2(2)(b) inserted (18.1.2016 with effect from 1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 1 para. 9(2)(b)(ii)
F6: Words in Annex Scheme Pt. 10 rule 2(2)(c) inserted (18.1.2016 with effect from 1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 1 para. 9(2)(b)(iii)
F7: Words in Annex Scheme Pt. 10 rule 2(3) substituted (4.7.2008 with effect from 6.4.2006) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/238), art. 1(1), Sch. para. 11(a)(iii) (with arts. 3, 4)
F8: Words in Annex Scheme Pt. 10 rule 2(3) substituted (18.1.2016 with effect from 1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 1 para. 9(2)(c)
F9: Annex Scheme Pt. 10 rule 2(4)(a) substituted (4.7.2008 with effect from 6.4.2006) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/238), art. 1(1), Sch. para. 11(a)(iv) (with arts. 3, 4)
F10: Annex Scheme Pt. 10 rule 2(4)(a)(ii) substituted (1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2), Sch. 1 para. 7(2)(a) (with art. 3)
F11: Annex Scheme Pt. 10 rule 2(4)(a)(iii) inserted (18.1.2016 with effect from 1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 1 para. 9(2)(d)
F12: Words in Annex Scheme Pt. 10 rule 2(5) substituted (1.4.2015 with effect from 1.4.2006) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2)(3), Sch. 1 para. 7(2)(b) (with art. 3)

Commencement

I1: Annex Scheme Pt. 10 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)