# The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2022, Note: Explanatory note

Extent: N.I.

(This note is not part of the Regulations)
These Regulations makes amendments to—
(i) The Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015 (the 2015 Regulations);
(ii) The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007 (NFPS);
(iii) The Firefighters’ Pension Scheme Order (Northern Ireland) 2007 (FPS); and
(iv) The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007 (the Compensation Scheme).
Some provisions in these Regulations have retrospective effect – these are set out in regulation 1(3). The power to give the Regulations retrospective effect is conferred by section 3(3)(b) of the Public Service Pensions Act (Northern Ireland) 2014.
Paragraph 1 of Schedule 1 amends regulation 73 of the Firefighters’ Pension Scheme 2015 so that where members of the FPS are awaiting a decision on whether they are entitled to an ill-health award when they join the Firefighters’ Pension Scheme 2015 on 1st April 2022, the criteria used to determine entitlement to such an award reflect the criteria in the FPS.
Paragraph 2(2), (3), (4) and (6)(a) of Schedule 1 makes minor amendments to correct references from the Pension Board to the Scheme Manager.
Paragraph 2(5) and (7) of Schedule 1, paragraph 2(3) of Schedule 2, paragraph 1 of Schedule 3 and paragraph 1(3) of Schedule 4 make amendments to provide arrangements implemented for dispute resolution by the Board under article 50 of the Pensions (Northern Ireland) Order 1995.
Paragraph 3 of Schedule 1 and paragraph 3 of Schedule 3 amends the 2015 Regulations and the FPS to clarify administrator responsibilities for the purposes of Part 4 of the Finance Act 2004.
Paragraph 4(2) to (6) of Schedule 1 amends the 2015 Regulations in consequence of provision made by the Public Service Pensions and Judicial Offices Act 2022 (c.7). The amendments ensure that the existing pension schemes established by the Firefighters’ Pension Scheme Order (Northern Ireland) 2007 (SR 2007 No 144) and the New Firefighters’ Pension Scheme Order (Northern Ireland) 2007 (SR 2007 No 215) will, except for limited purposes, be closed to the accrual of pension benefits on and after 1st April 2022, and that any members currently treated as being in pensionable service under the existing pension schemes will, on that date, begin accruing benefits in the scheme established by the 2015 Regulations. It amends Schedule 2 to the 2015 Regulations as follows—
the definition of “closing date” and “transition date” in paragraph 1 are amended to insert dates in respect of those terms that apply to full protection members so that provisions which refer to those terms operate as intended in respect of such members;
paragraph 3(3) is amended so that a scheme manager may only set a tapered protection closing date under that paragraph if such date is before 1st April 2022;
paragraph 9(2) is amended so that protection ceases for a full protection member on the earlier of the day on which they leave pensionable service under the existing scheme, or 31st March 2022;
paragraph 31(2) is amended so that no new elections to purchase additional service under the NFPS may be made after 31st March 2022;
paragraphs 37 and 38 are omitted so that members who are awaiting a decision on whether they are entitled to an ill-health award under an existing scheme on 1st April 2022 transition to the Firefighters’ Pension Scheme 2015 on that date.
Paragraph 4(7) of Schedule 1 amends the 2015 Regulations to clarify that protected members of the scheme constituted by the Firefighters’ Pension Scheme transferring to Northern Ireland from England, Scotland or Wales continue to be entitled to remain as members of that Scheme.
Paragraph 2 of Schedule 3 amends the FPS to extend the Board’s power to abate pension so this applies when a pensioner takes up employment in any capacity with the NI Fire and Rescue Service or a fire authority in England, Scotland or Wales.
The remaining paragraphs correct minor drafting errors.
A full impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.

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Source: https://www.legislation.gov.uk/nisr/2022/155/note (the official version)
Page: https://openlegislation.uk/firefighters-pension-schemes-amendment-regulations-northern-ireland-2022/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.