Paragraph 2 Reduction of award in case of defaultI1
Northern Ireland
Subject to paragraph (2), where a person —
is permanently disabled; and
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.
Where—
a pension has been reduced under paragraph (1); and
the amount of the reduced pension is less than that of the notional deferred pension—
if the person is a member of the Firefighters’ Pension Scheme on his 60th birthday,
if the person is a member of the New Firefighters’ Pension Scheme on his 65th birthday,
if the person is a member of the 2015 Scheme, his state pension age, or 65 if that is higher,
the amount of the reduced pension shall be increased to that of the notional deferred pension.
The notional deferred pension is the deferred pension that would have been payable under article 16 of F3the Firefighters’ Pension Scheme or article 13 of the New Firefighters’ Pension Scheme F4or Chapter 7 of Part 4 of the 2015 Regulations if the person had become entitled to one on the date of his ceasing to serve.
Annotations
Textual amendments
- F1
Annex Scheme Pt. 9 rule 2(2)(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. 10(a)(i) (with arts. 3, 4)
- F2
Annex Scheme Pt. 9 rule 2(2)(b)(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. 8(a)
- F3
Words in Annex Scheme Pt. 9 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. 10(a)(ii) (with arts. 3, 4)
- F4
Words in Annex Scheme Pt. 9 rule 2(3) 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. 8(b)
Commencement
- I1
Annex Scheme Pt. 9 rule 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)