Paragraph 2 Award for or in relation to a ... volunteer firefighterF13I1
Northern Ireland
Subject to paragraph (2), this paragraph applies to a person—
has retired; and
is permanently disabled,
if the infirmity that occasioned his incapacity for the performance of duty was occasioned by a qualifying injury.
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) F3; 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 F4or the 2015 Scheme that is then in payment.
The following provisions apply in relation to the awards to which a person, by virtue of paragraph (2), may be entitled—
articles 18 (commutation – general provision), 20 (allocation) and 21 (limitation of commuted or allocated portion) of the Firefighters’ Pension Scheme;
article 19 (commutation: general) or article 21 (allocation of pension) of Part 3 of the New Firefighters’ Pension Scheme;
regulation 117 (commutation of part of pension) or Chapter 6 (allocation of part of pension) of Part 5 of the 2015 Regulations.
Subject to paragraph (4A)—
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;
if a person to whom paragraph (1) applies—
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;
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.
In the case of a person who has become a member of the New Firefighters’ Pension Scheme F8or 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) F9or under regulation 73 (entitlement to lower tier ill-health pension and higher tier ill-health pension) of the 2015 Regulations.
This paragraph applies where—
a person dies from the effects of a qualifying injury or infirmity of mind or body occasioned by a qualifying injury; and
he has at any time before 6th April 2006 been employed by the Board as a F11... volunteer firefighter.
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).
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.
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).
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.
The regular firefighter mentioned in paragraphs (2), (4), (6) and (8) is one who is a whole-time employee of the Board and—
was employed in the same role as the F12... volunteer firefighter and had the same service in that role;
was entitled to reckon as pensionable service a period equal to the ... volunteer member’s service as such; and
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.
Annotations
Textual amendments
- F1
Words in Annex Scheme Pt. 8 rule 2(1) inserted (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. 9(b)(i) (with arts. 3, 4)
- F2
Words in Annex Scheme Pt. 8 rule 2(1)(a) omitted (1.4.2015) by virtue of The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2), Sch. 1 para. 6(b) (with art. 3)
- F3
Words in Annex Scheme Pt. 8 rule 2(2) added (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. 9(b)(ii) (with arts. 3, 4)
- F4
Words in Annex Scheme Pt. 8 rule 2(2) 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. 7(a)
- F5
Annex Scheme Pt. 8 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. 7(b)
- F6
Annex Scheme Pt. 8 rule 2(4) 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. 7(c)
- F7
Annex Scheme Pt. 8 rule 2(4A) inserted (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. 9(b)(v) (with arts. 3, 4)
- F8
Words in Annex Scheme Pt. 8 rule 2(4A) 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. 7(d)(i)
- F9
Words in Annex Scheme Pt. 8 rule 2(4A) 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. 7(d)(ii)
- F10
Annex Scheme Pt. 8 rule 2(5) 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. 9(b)(vi) (with arts. 3, 4)
- F11
Words in Annex Scheme Pt. 8 rule 2(5)(b) omitted (1.4.2015) by virtue of The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2), Sch. 1 para. 6(c) (with art. 3)
- F12
Words in Annex Scheme Pt. 8 rule 2(10)(a)(b) omitted (1.4.2015) by virtue of The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2), Sch. 1 para. 6(c) (with art. 3)
- F13
Words in Annex Scheme Pt. 8 rule 2 heading omitted (1.4.2015) by virtue of The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2), Sch. 1 para. 6(a) (with art. 3)
Commencement
- I1
Annex Scheme Pt. 8 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)