Paragraph 46 Current serviceI1

Northern Ireland

(1)

Subject to paragraphs (2) and (3), a person serving as a regular firefighter is entitled to reckon as pensionable service—

(a)

any period of service as a regular firefighter after 31st March 1972, except a period during which pension contributions were not payable under article 57, as a member of the fire and rescue service; and

(b)

if he was a member of the fire brigade both on and immediately before lst April 1972, any period he was entitled to reckon immediately before that date, under a previous scheme.

(2)

A person is not entitled to reckon as pensionable service by virtue of paragraph (1)—

(a)

if he has ceased to be a member of the fire brigade and rejoined the brigade after 31st March 1972, any period of service before he last so rejoined ; or

(b)

any period of absence from duty as a regular firefighter as a result of sickness or injury certified by a qualified medical practitioner to be due to his own misconduct; or

(c)

subject to paragraph (3) and article 47, any period of absence from duty without pay; or

(d)

any period of maternity or adoption leave in respect of which the person has the right to, but does not, pay contributions under article 58.

(3)

A regular firefighter may, by written notice given to the Board within 6 months of returning to duty after a period of absence without pay (excluding absence for maternity, paternity or adoption leave), require it to reckon as pensionable service all or part of that period (the “reckonable period”).

(4)

Where notice is given under paragraph (3), the firefighter shall, within 6 months of giving that notice, pay to the Board—

(a)

the contributions (including any such additional or further contributions as are mentioned in article 60) that he would have been liable to pay in respect of the reckonable period (in accordance with article 57(1) if he had been paid at his normal rate; and

(b)

subject to paragraph (5), such amount as shall be notified to him by the Board as the amount that would have been payable by it, in accordance with article 57(4), in respect of his service for that period and if he had been paid at his normal rate.

(5)

The Board may pay the amount notified under sub-paragraph (b) of paragraph (4); and where it does so, the requirements of that sub-paragraph shall cease to apply.

(6)

Nothing in paragraph (3) requires the Board to reckon as pensionable service any reckonable period where—

(a)

a case to which paragraph (5) applies, the requirements of paragraph (4)(a) have not been met; or

(b)

in any other case, the requirements of paragraph (4)(a) and (b) have not been met.

(7)

Any periods of pensionable service before and after any period of maternity or adoption leave in respect of which the person has the right to, but does not, pay continuous contributions under article 58 shall be treated as continuous.

Annotations

Commencement

I1: ANNEX Scheme Pt. F art. 46 in operation at 1.4.2006, see art. 1(2)