Explanatory note

This order amends the Firefighters’ Pension Scheme Order (Northern Ireland) 2007. The amendment that introduces new article 16A entitlement to two pensions (made by article 2 and paragraph 1 of the Schedule) has effect from 1^st April 2007. The amendment made by article 2 and paragraph 3 of the Schedule has effect from the 1^st of April 2006. The other amendments have effect from 1^st July 2007. The power to give retrospective effect is conferred by article 10 of the Fire Services (Northern Ireland) Order 1984, as continued by Article 60(1) and (2) of the Fire and Rescue Services (Northern Ireland) Order 2006.

The amendment that introduces new article 16B relates to the discontinuance, with effect from the end of June 2007, of long service increments payable to firefighters who have at least 15 years’ continuous service at that point. The amount of the increment, which was pensionable, was frozen, with effect from 7^th November 2003, at the annual rate of £990 and reduced, with effect from 1^st October 2006, to an annual rate of £495 The effect of the amendment that introduces the related new article 56 (7A) is that the pension of a regular firefighter who was entitled to long service increment and either retires or becomes entitled to a deferred pension after 30^th September 2006 but before 1^st October 2007 will be calculated (in accordance with article 56 (4)) without regard to the reduction in the annual rate. The effect of the amendment that introduces new article 56 (7B) is that the pension of a regular firefighter who was entitled to a long service increment (or a compensatory interim or transitional payment) and either retires or becomes entitled to a deferred pension on or after 1^st October 2007 will be calculated (in accordance with article 56(4)) either with regard to the amount credited under new article 16B and without regard to his actual long service increment (and any compensatory interim or transitional payment) or with regard to his actual long service increment (and any compensatory interim or transitional payment) and without regard to the amount credited under new article 16B, according to whichever article produces the more beneficial result for the firefighter.

Other amendments are consequential on the introduction by the National Joint Council for Local Authority Fire and Rescue Services, with effect from 1^st July 2007, of a new scheme of payments in respect of continual professional development. Under that scheme the payments are subject to annual review and therefore temporary in nature. For that reason, they would not ordinarily be regarded as pensionable for the purposes of the Scheme. However, the amendments have the effect of making the payments part of pensionable pay. This attracts, among other provisions those of article 57 of the Scheme, which require the making of pension contributions in respect of pensionable pay. But the amendment that introduces new article 56 (7C) provides for additional pension benefit credited in respect of continual professional development to be disregarded for the purposes of determining the amount of average pensionable pay (on which the amount of the ordinary pension is based).

The amendment to article 59 of the Scheme ensures that a person cannot make an election to discontinue pension contributions only in respect of additional pension benefit under new article 16C.

The amendment made to Schedule 2 of the scheme (Personal Awards) corrects a typographical error in a formula.

A full impact assessment has not been produced for this Order, as no impact on the private or voluntary sectors is foreseen.