Paragraph 12 Award on ill-health retirementI1

Northern Ireland

(1)

—This article applies to a firefighter member who leaves his employment by reason of permanent disablement^f1 (referred to in this Scheme as “ill–health retirement”).

F1(2)

Every firefighter member to whom this article applies and who satisfies—

(a)

in the case of a firefighter member other than a special firefighter member, an eligibility condition;

(b)

in the case of a special firefighter member, one of the special eligibility conditions,

is entitled, on retiring, to a lower tier ill-health pension calculated in accordance with paragraph 1 of Schedule 1 to this Scheme.

(3)

A firefighter member—

(a)

who is entitled to a lower tier ill–health pension;

(b)

who has at least five years of qualifying service; and

(c)

in respect of whom a qualified medical practitioner, has expressed the opinion, obtained in accordance with article 46(2), that he is permanently disabled from undertaking regular employment,

is also entitled, on retiring, to a higher tier ill–health pension calculated F2insert subject to paragraph (4), in accordance with paragraph 2 or 3 of Schedule 1, as his circumstances require.

F3(4)

F4The amount of the higher tier ill-health award of a firefighter member who, by virtue of article 17, is entitled to two pensions, is whichever is the greater of—

(a)

the sum of his lower tier ill–health pension (calculated in accordance with paragraph 1 of Schedule 1) and the higher tier ill-health pension to which he would be entitled if paragraph (3) were not subject to this paragraph (calculated in accordance with paragraph 2 or 3 of Schedule 1); and

(b)

the amount of the single pension to which he would be entitled under paragraph (7) of article 17.

and for the purposes of this paragraph it shall be assumed that the person had given the written notice referred to in paragraph (6) of article 17.

Annotations

Textual amendments

F1: Annex Scheme art. 12(2) substituted (1.4.2015) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(2), Sch. para. 3(4)
F2: Words in Annex Scheme Pt. 3 art. 12(3) inserted (with effect in accordance with art. 1(3) of the amending Rule) by The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 4(a)(i)
F3: Annex Scheme Pt. 3 art. 12(4) added (with effect in accordance with art. 1(3) of the amending Rule) by The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 4(a)(ii)
F4: Words in Annex Scheme art. 12(4) substituted (1.7.2014) by The New Firefighters’ Pension Scheme (Amendment) (No. 2) Order (Northern Ireland) 2014 (S.R. 2014/168), art. 1(2), Sch. para. 2(a)

Commencement

I1: ANNEX Scheme art. 12 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Footnotes

f1: See article 3.