{
  "url": "https://openlegislation.uk/firefighters-pension-schemes-and-compensation-scheme-amendment-regulations-northern-ireland-2024/regulation-5",
  "json_url": "https://openlegislation.uk/firefighters-pension-schemes-and-compensation-scheme-amendment-regulations-northern-ireland-2024/regulation-5.json",
  "legislation": "nisr/2024/130",
  "legislation_title": "The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024",
  "legislation_url": "https://openlegislation.uk/firefighters-pension-schemes-and-compensation-scheme-amendment-regulations-northern-ireland-2024",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Amendment to the Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015",
  "text": "(1) The Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015 which establish the Firefighters’ Pension Scheme 2015 shall be amended as follows.\n(2) In Part 1 (Preliminary)—\n(a) in regulation 3 (interpretation)—\n(i) in the definition of “index adjustment”, in paragraph (a), after “earnings” insert “and the index supplement”;\n(ii) at the appropriate place insert—\n““index supplement” means an amount of earned pension equal to the value of the index adjustment where the change in earnings is increased—\n(a) for 2021, by 0.2% above the amount specified in the Public Service Pensions Revaluation Order (Northern Ireland) 2021;\n(b) for 2022, by 0.4% above the amount specified in the Public Service Pensions Revaluation Order (Northern Ireland) 2022;”;\n(iii) in the definition of “in-service revaluation index”, at the end, insert “and, in this scheme, includes the index supplement”;\n(b) after regulation 3 (interpretation), insert—\n“Civil Partnership and Marriage of Same Sex Couples\n3A. The application of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 in relation to these Regulations is modified so that regulations 6(1) and (2) and 7(1) to (3) have effect.”.\n(3) In Part 5 (Retirement benefits)—\n(a) in regulation 79 (Option to commute part of pension) in paragraph (4)—\n(i) after “exchange” insert “for a lump sum”; and\n(ii) in sub-paragraph (a) omit “for a lump sum”;\n(b) in regulation 79A (Option to commute part of an equivalent amount)—\n(i) in the opening words of paragraph (3) for “article” substitute “regulation”; and\n(ii) after paragraph (3) insert—\n“(4) Where the person is entitled to the immediate payment of an equivalent amount to the FPS lower tier ill-health pension and exercises the option to commute under this regulation, the lump sum is calculated in accordance with article 18 (commutation-general provision) of the FPS.”.\n(4) In Part 6 (Death benefits)—\n(a) in regulation 86(1) (Surviving partner’s pension payable on death of active member) for “more than” substitute “at least”;\n(b) in regulation 100 (Bereavement pension: eligible child) in paragraphs (3) and (4) for “surviving partner’s pension”, in each place where the words occur, substitute “eligible child’s pension”.\n(5) In Part 8 (Contributions)—\n(a) in regulation 119 (Contributions during absence from work due to illness, injury, trade dispute or authorised absence) in paragraph (2), after “may” insert “elect to”;\n(b) in regulation 127(5) (Refund of employer additional contribution for ill health award following review)—\n(i) for “instalments of higher tier ill-health pension or lower tier ill-health pension”, substitute “instalments of higher tier ill-health additional contribution or lower tier ill-health additional contribution”; and\n(ii) after “in respect of P”, in the first place where those words occur, insert “from the date that the entitlement ceased”.\n(6) In Schedule 2 (Transitional provisions)—\n(a) in Part 1 (General) in paragraph 3(2) for “paragraphs (3) and (4)”, substitute “sub-paragraphs (3) and (4)”;\n(b) in Part 3 (Exceptions to section 18(1) of the 2014 Act: tapered protection members of the FPS or the NFPS) in paragraph 18(3)(c), omit “would” in the second place where it occurs.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5(1)(2) in operation at 5.7.2024 , see reg. 1(1)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Reg. 5(3)-(6) in operation at 5.7.2024 with effect in accordance with reg. 1(6)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.R. 2015 No. 78, amended by S.R. 2015 No. 420 and S.R. 2022 No. 155."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.R. 2021 No. 56."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.R. 2022 No. 82."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.R. 2019 No 1514."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Regulation 79A was inserted by S.R. 2015 No. 420."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Paragraph 3(2) was amended by S.R. 2015 No. 420."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2024/130/regulation/5",
    "retrieved_at": "2026-10-29T00:28:19.242159+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}