The Firefighters' Pension Scheme Regulations (Northern Ireland) 2015
S.R. 2015/78 · Made 24 February 2015 · Extends to Northern Ireland
Public Service Pensions
Made 24th February 2015
Coming into operation 1st April 2015
The Department of Health, Social Services and Public Safety makes these Regulations in exercise of the powers conferred by sections 1(1), (2)(f), (3) and (4), 2, 3(1), (2), (3)(a) and (c), 4(1), (2) and (5), 5(1), (3)(c) and (5), 7(1) and (4), 8(1)(a), (2)(a) and (4), 11(1), 12(1), (6) and (7), 14, 18(1), (2), (4) and (5) to (9), paragraph 6 of Schedules 1 and 2, Schedule 3, paragraph 6 of Schedule 5 to the Public Service Pensions Act (Northern Ireland) 2014 M1.
In accordance with section 21 of that Act, the Department has consulted the representatives of such persons as appear to it likely to be affected by these Regulations.
In accordance with section 3(5) of that Act, the Department of Finance and Personnel has consented to the making of these Regulations.
Annotations to the whole text
Marginal citations
- M1
2014 c.2. (NI)
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Establishment of Firefighters' Pension Scheme 2015
- 3Interpretation
- 3ACivil Partnership and Marriage of Same Sex Couples
- Part 2: Governance
- 4Scheme manager
- 5Northern Ireland Fire and Rescue Service Pension Board: establishment
- 6The Pension Board: membership
- 7The Pension Board: conflict of interests
- 8The Pension Board: Guidance
- 9Payment of fees and expenses
- 10Scheme advisory board (SAB): establishment
- 11Scheme advisory board: membership
- 12Scheme advisory board: conflicts of interest
- 13Scheme advisory board: funding
- 14Delegation
- Part 3: Scheme membership
- Chapter 1: Eligibility for active membership
- 15Scheme employment
- 16Eligible persons
- 17Service in two or more scheme employments
- Chapter 2: Pensionable service
- 18Application of Chapter
- 19Interpretation of Chapter
- 20Automatic enrolment
- 21Opting into this scheme
- 22Automatic re-enrolment
- 23Opting out of this scheme
- 24Opting out before the end of the first three months
- 25Opting out after the first three months
- Chapter 3: Pensionable pay
- 26Pensionable pay
- 27Meaning of “assumed pensionable pay”
- Chapter 4: Membership
- 28Active membership
- 29Deferred membership
- 30Pension credit member
- Part 4: Pension accounts
- Chapter 1: Preliminary
- 31Description of pension
- Chapter 2: Calculation of accrued pension
- 32Calculation of amount of accrued pension for purpose of deferment or retirement
- Chapter 3: Calculation of adjustments
- 33Calculation of “retirement index adjustment”
- 34Calculation of “retirement PIA index adjustment”
- 35Determination of “the age addition”
- 36Determination of “the assumed age addition”
- Chapter 4: Pension accounts: general
- 37Establishment of pension accounts: general
- 38Closure and adjustment of pension accounts on transfer out or repayment of balance of contributions
- Chapter 5: Active member's account
- 39Application of Chapter
- 40Establishment of active member's account
- 41Receipt of a transfer value payment
- 42Receipt of a club transfer value payment
- 43Amount of pension for a scheme year
- 44Opening balance, index adjustment and age addition
- 45Ill-health award ceases to be payable
- 46Closure and re-establishment of active member's account
- Chapter 6: Added pension account
- 47Establishment of added pension account
- 48Account to specify amount of added pension
- 49Account to specify opening balance and PIA index adjustment
- 50Closure and transfer of added pension account
- 51Ill-health pension ceases to be payable
- Chapter 7: Deferred member's account
- 52Application of chapter
- 53Establishment of deferred member's account
- 54Provisional amount of deferred pension
- 55Retirement amount of deferred pension
- 56Adjustment of account after early payment of deferred pension ceases
- 57Account established after ill-health award ceases to be payable
- 58Closure of deferred member's account after gap in pensionable service not exceeding five years
- Chapter 8: Retirement account
- 59Establishment of retirement account and other adjustments
- 60Account to specify amount of retirement pension (active members)
- Chapter 9: Pension accounts for survivor members
- 61Establishment of survivor member's account
- 62Amount of pension payable to survivor member
- Chapter 10: Pension accounts for pension credit members
- 63Establishment of pension credit member's account
- 64Other pension accounts
- Part 5: Retirement benefits
- Chapter 1: Interpretation
- 65Application of Part
- 66Qualifying service
- Chapter 2: Retirement benefits
- 67Entitlement to retirement pension
- 68Annual rate of retirement pension (active members)
- 69Annual rate of retirement pension (deferred members)
- 69AEarly payment reduction
- 70Employer initiated retirement Repealed
- Chapter 3: Partial retirement benefits
- 71Exercise of partial retirement option
- 72Annual rate of retirement pension after exercise of partial retirement option
- Chapter 4: Ill-health benefits
- 73Entitlement to lower tier ill-health pension and higher tier ill-health pension
- 74Annual rate of ill-health awards
- 75Early payment of retirement pension to deferred member
- 76Review of ill-health award or early payment of pension of retirement pension
- 77Consequences of review
- Chapter 5: Payment of retirement benefits
- 78Commencement of pensions
- 79Option to commute part of pension
- 79AOption to commute part of an equivalent amount
- Chapter 6: Allocation of part of pension
- 80Allocation election
- 81Making an allocation election
- 82Effect of allocation
- 83Adjustment of allocated benefit
- Part 6: Death benefits
- Chapter 1: Interpretation
- 84Meaning of “surviving partner”
- 85Meaning of “initial period”
- Chapter 2: Pensions for surviving partners
- 86Surviving partner's pension payable on death of active member
- 87Surviving partner's pension payable on death of deferred member
- 88Surviving partner's pension payable on death of pensioner member
- 89Bereavement pension: surviving partner
- 90Reduction in pensions in cases of wide age disparity
- 91Survivor's guaranteed minimum pensions
- Chapter 3: Pensions for eligible children
- 92Eligible child's pension
- 93Meaning of “eligible child”
- 94Eligible child's pension on death of active member
- 95Eligible child's pension payable on death of deferred member
- 96Eligible child's pension payable on death of pensioner member
- 97Specified proportion
- 98Increase in eligible child's pension where there is no surviving partner
- 99Increase in eligible child's pension where member was a pension debit member
- 100Bereavement pension: eligible child
- Chapter 4: Lump sum death benefits
- 101Meaning of “final pay”
- 102Meaning of “annualised final pay”
- 103Person to whom lump sum death benefit payable
- 104Lump sum payable on death of active member
- 105Lump sum payable on death of pensioner member
- 106Lump sum payable on death in certain cases
- 107Lump sum payable on death of pension credit member
- Chapter 5: Payment of death benefits
- 108Payment of pensions under this Part
- 109Surviving partner's pensions and eligible child's pensions: suspension and recovery
- 110Provisional awards of eligible child's pensions: later adjustments
- 111Adjustment of eligible child's awards consequent on re-instatement of pension benefits
- 112Adjustment of benefits to comply with the 2004 Act where members die over 75
- Part 7: Benefits for pension credit members
- 113Entitlement to pension credit members' pension
- 114Annual rate of pension credit member's pension
- 115Reduction in pension debit member's benefits
- 116Pension credit member's rights
- 117Commutation of part of pension
- Part 8: Contributions
- Chapter 1: Members contributions
- 118Member contributions
- 119Contributions during absence from work due to illness, injury, trade dispute or authorised absence
- 120Contributions during absence from work on reserve forces service leave
- 121Contributions during child-related leave
- 122Deduction and payment of contributions
- 123Schedule 1 (payments for added pension)
- Chapter 2: Refund of member contributions
- 124Refund of all member contributions and payments for extra pension made by member
- Chapter 3: Employer contributions
- 125Employer contributions
- 126Employer additional contribution: ill health award
- 127Refund of employer additional contribution for ill health award following review
- 128Employer additional contribution: employer initiated retirement Repealed
- Part 9: Firefighters' Pension Fund
- 129Interpretation of Part
- 130Establishment of Firefighters' Pension Fund
- 131Payments into the Firefighters' Pension Fund
- 132Payments to be made from the Firefighters' Pension Fund
- 133Information to be provided to the Department
- 134Estimated deficits
- 135Estimated surpluses
- 136Actual deficits
- 137Actual surpluses
- 138Duty to provide information
- Part 10: Transfers
- Chapter 1: Preliminary
- 139Application of Part
- 140Interpretation in relation to Part
- Chapter 2: Transfers out
- 141Transfer payments made to other schemes or pension arrangements
- 142Application for a statement of entitlement
- 143Statement of entitlement
- 144Request for transfer payment to be made
- 145Calculating the amount of a transfer value or club transfer value
- 146Effect of transfers-out
- Chapter 3: Transfers in
- 147Application of Chapter
- 148Interpretation of Chapter
- 149Request for acceptance of a transfer payment
- 150Transfer statement
- 151Amount of transferred pension
- 152Club transfer value statement
- 153Amount of club transfer earned pension
- Chapter 4: Transfer of pension account entries to another scheme manager
- 154Requirement for scheme manager to provide a certificate
- 155Request to confirm details on certificate
- 156Dispute concerning entries on the certificate
- 157Transfer of pension account entries
- Part 11: Actuarial valuations
- 158Appointment of scheme actuary and actuarial valuations
- 159Employer cost cap
- Part 12: Determination of Questions of Appeals
- Chapter 1
- 160Determinations by the scheme manager Repealed
- 161Determinations and decisions of the Scheme Manager
- 162Appeal against opinion on a medical issue
- 163Appeals against decision of the Pension Board Repealed
- Chapter 2: Appeal to Independent Medical Referee
- 164Regulation 164
- Chapter 3: Dispute Resolution
- 165Appeals on other issues
- Part 13: Supplementary
- Chapter 1: Payment of pensions
- 166Late payment of retirement index adjustment
- 167Recovery of overpayment of benefits
- 168Guaranteed minimum pension
- 169Commutation of small pensions
- 170Payments for persons incapable of managing their affairs
- 171Payments due in respect of deceased persons
- 172Limitation on assignment of benefits
- Chapter 2: Forfeiture
- 173Forfeiture: offences committed by members, surviving partners or eligible children
- 174Forfeiture of pensions: offences committed by other persons
- 175Forfeiture of lump sum death benefit: offences committed by other persons
- 176Forfeiture: relevant monetary obligations and relevant monetary losses
- 177Set-off
- 178Forfeiture and set-off: procedure
- Chapter 3: Payment and deduction of tax
- 179Scheme administrator for the purposes of the 2004 Act
- 180Payment on behalf of members of lifetime allowance charge
- 181Reduction of benefits where lifetime allowance charge payable
- 182Information about payment of annual allowance charge
- 183Reduction of benefits where annual allowance charge paid by scheme manager
- Chapter 4: General
- 184Calculation of periods of membership and service
- 185Annual benefit information statements
- 186Evidence of entitlement
- 187Information to be provided to a member before reserve forces service leave
- 188Transitional provisions
- 189Duty to have regard to guidance
- Signature
- Schedule 1: Payments for added pension
- Part 1: Interpretation
- 1Interpretation
- 2Meaning of “overall limit of extra pension”
- 3Limit on elections
- 4Amount of accrued added pension may not exceed overall limit of extra pension
- Part 2
- Chapter 1: Exercising the added pension election
- 5Added pension election exercisable by member
- Chapter 2: Periodical payments for added pension
- 6Application of Chapter
- 7Member's election to make periodical payments for added pension
- 8Periodical payments
- 9Discontinuance of periodical payments
- 10Periodical payments during periods of assumed pensionable pay
- 11Amount of added pension for a scheme year
- Chapter 3: Lump sum payments for added pension
- 12Application of Chapter
- 13Member's election to make a lump sum payment for added pension
- 14Amount of added pension to be credited to added pension account
- Schedule 2: Transitional provisions
- Part 1: General
- 1Interpretation
- 2Meaning of “continuity of service”
- 3Meaning of “tapered protection closing date”
- 4Meaning of “eligible to be an active member” of the NFPS
- 5Meaning of “active member of the FPS or the NFPS”
- 6Meaning of “active member of an existing scheme”
- 7Meaning of “active member of an existing public body pension scheme”
- 8Commencement of active membership of this scheme
- Part 2: Full protection members of the FPS or the NFPS
- 9Full protection members of the FPS or the NFPS
- 10Exception for full protection member during protection period
- 11Full protection member not eligible to join this scheme
- 12Full protection members of the FPS or the NFPS on scheme closing date
- 13Full protection: members of an existing scheme
- 14Full protection: members of an existing public body pension scheme
- Part 3: Exceptions to section 18(1) of the 2014 Act: tapered protection members of the FPS or the NFPS
- 15Tapered protection members of the FPS or the NFPS
- 16Exception for tapered protection members during protection period
- 17Tapered protection member not eligible to join this scheme
- 18Tapered protection: members of the FPS or the NFPS on scheme closing date
- 19Tapered protection: members of an existing scheme
- 20Tapered protection: members of an existing public body pension scheme
- 21Tapered protection members of an existing scheme or an existing public body pension scheme
- Part 3A: Payment of ill-health benefits to transition members
- 22Transition member who has not reached normal pension age under the NFPS
- 23Transition member who reaches normal pension age under the NFPS
- 24Transition member who has not reached normal pension age under the FPS
- 25Transition member who reaches normal pension age under the FPS
- Part 3B: Payment of death benefits in respect of transition members
- 26Annual rate of pensions for surviving partners payable under this scheme when certain transition members die in service with accrued benefits in the FPS
- 27Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the NFPS
- 28Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the FPS
- 29Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the NFPS
- 30Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the FPS
- Part 3C: Transitional provisions relating to the NFPS and the FPS
- 31Pensionable service under the NFPS
- 32Final salary of certain transition members for any purposes of the NFPS
- 33Final salary of certain transition members for any purposes of the FPS
- 34Continuous pensionable service under the FPS
- 35Deferred member of the FPS
- 36Deferred member of the NFPS
- 37Scheme manager determines member of the NFPS is not entitled to an ill-health award Repealed
- 38Scheme manager determines members of the FPS is not entitled to an ill-health award Repealed
- 39Repayment of contributions under the NFPS
- 40Qualifying for retirement benefits under the NFPS
- 41Qualifying for retirement benefits under the FPS
- 42Final salary link not to apply again to a pension in payment under the NFPS
- 43Final salary link not to apply to a pension in payment under the FPS
- Part 3D: Transfer of final salary benefits
- 44Meaning of “final salary benefit”
- 45Acceptance of club transfer value payments
- 46Member of this scheme or the NFPS
- 4Part 4
- Explanatory note