{
  "url": "https://openlegislation.uk/new-firefighters-pension-scheme-order-northern-ireland-2007/schedule-ANNEX/paragraph-12A",
  "json_url": "https://openlegislation.uk/new-firefighters-pension-scheme-order-northern-ireland-2007/schedule-ANNEX/paragraph-12A.json",
  "legislation": "nisr/2007/215",
  "legislation_title": "The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007",
  "legislation_url": "https://openlegislation.uk/new-firefighters-pension-scheme-order-northern-ireland-2007",
  "path": "schedule/ANNEX/paragraph/12A",
  "kind": "paragraph",
  "number": "12A",
  "heading": "Retrospective award on ill-health retirement",
  "text": "(1) This article applies to a person who elects to join this Scheme as a special deferred member or a special pensioner member and who had been dismissed on the grounds of ill-health or had retired from employment as a retained firefighter before 6th April 2006.\n(2) A person to whom this article applies may apply to the Board to be assessed by a qualified medical practitioner selected by it to determine whether he was permanently incapable of performing the duties of a firefighter on the date on which he was dismissed on the grounds of ill-health or retired and whether he has become capable of performing those duties since that date.\n(3) An application under paragraph (2) must be made—\n(a) where the person is purchasing service following an application under article 65A (purchase of service during the limited period) of Part 11, during the period of three months beginning with the day on which the notice was served by the Board under article 65A(13) of that Part;\n(b) where the person is purchasing service following an application made under article 65B (purchase of service during the extended limited period) of Part 11, during the period of three months beginning with the day on which the notice was served by the Board under article 65B(13) of that Part.\n(4) The Board shall obtain a written opinion from a qualified medical practitioner on whether the person was at the date of his dismissal or retirement permanently incapable of performing the duties of a firefighter and if so, whether he has become capable of performing those duties since that date.\n(5) The Board shall determine whether the person is entitled to a retrospective award for ill-health retirement on the basis of the written opinion of the qualified medical practitioner and may only determine that a person is entitled to an award where the qualified medical practitioner gives an opinion that the person was permanently incapable of performing the duties of a firefighter on the date of his dismissal or retirement and has not become capable of performing those duties since that date.\n(6) A qualified medical practitioner’s opinion under paragraph (4) shall be binding on the Board unless it is superseded by his response under article 46 (determinations and decisions of the Board) of Part 8 (determination of questions and appeals) or the outcome of an appeal under article 47 (appeal against opinion on a medical issue) of Part 8.\n(7) If—\n(a) the person concerned wilfully or negligently fails to submit himself to medical examination by the qualified medical practitioner selected by the Board, and\n(b) the qualified medical practitioner is unable to give an opinion on the basis of the medical evidence available to him,\nthe Board may make a decision on the issue on such other medical evidence as it thinks fit, or without medical evidence.\n(8) If the Board determines that the person is entitled to a retrospective award following ill-health retirement, it shall give written notice to him within 14 days beginning with the date of its determination together with a copy of the qualified medical practitioner’s opinion.\n(9) Where the Board does not determine that the person is entitled as mentioned in paragraph (8) to a retrospective award following ill-health retirement, it shall—\n(a) give written notice to him within 14 days beginning with the date of its determination;\n(b) provide him with a copy of the qualified medical practitioner’s opinion; and inform him that he can apply for a review of that opinion under article 46 (determinations and decisions of the Board) or appeal against that decision under article 47 (appeals against opinion on a medical issue) of part 8 (determination of questions and appeals).\n(10) Where a person has satisfied one of the special eligibility conditions and the Board has determined that he is entitled to a retrospective award following ill-health retirement, the Board shall pay to him a lump sum equal to the value, together with interest, of the payments of higher tier ill-health pension (“past pension payments”) he would have received up to the date of payment of the lump sum if at the date of his dismissal or retirement he had been a member of this Scheme who had made contributions equivalent to his contributions under article 66A Part 11 and shall thereafter pay him a higher tier ill-health pension.\n(11) The interest payable in accordance with paragraph (10) is payable as follows—\n(a) for the purposes of calculating interest under this paragraph it shall be assumed that the past pension payments were payable from the date that the member would have first received payment of higher tier ill-health pension if, at the date of his dismissal or retirement, he had been a member of this Scheme;\n(b) interest starts to accrue from the date that the first past pension payment would have been made in accordance with sub-paragraph (a) and ceases to accrue on the date of payment of the lump sum in accordance with paragraph (10);\n(c) interest shall be calculated by applying the past interest rate to the past pension payment compounded monthly between the month each past pension payment would have been made in accordance with sub-paragraph (a) until the date of payment of the lump sum,\nand for the purposes of this article “past interest rate” is a rate equivalent to the interest available on the most recent issue of five-year fixed interest savings certificates from National Savings and Investments available on the 15th day of each month which would have been applicable to the period when the past pension payment in question would have been made in accordance with sub-paragraph (a).\n(12) A member of this Scheme entitled to a retrospective award under this article is not entitled to an ordinary pension or a special member’s ordinary pension in respect of the same special pensionable service.\n(13) A member who was, on or before the second initial date, in receipt of a retrospective award under this article may apply for a recalculated retrospective award, where the member has purchased additional service following an application made under article 65B (purchase of service during the extended limited period) of Part 11 (“the additional service”).\n(14) An application under paragraph (13) must be made during the period of three months beginning with the day on which the notice was served by the Board under article 65B(13) of Part 11.\n(15) Following an application under paragraph (13), the Board must pay a lump sum equal to the difference between—\n(a) the amount of the lump sum and pension paid under paragraph (10) before the date of the application under paragraph (13); and\n(b) the lump sum and pension amount that would have been paid under paragraph (10) before the date of the application, had those payments taken into account the additional service.\n(16) From the date of the application under paragraph (13), the Board must pay an ill-health pension calculated in accordance with paragraph (10), which takes into account the additional service.\n(17) An application under paragraph (13) must be referred to the Scheme Actuary, who must calculate the amounts payable under paragraphs (15) and (16).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Annex Scheme art. 12A inserted (retrospective and with effect in accordance with art. 1(3)(a) of the amending Rule) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(3)(a), Sch. para. 3(5)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Annex Scheme art. 12A(3) substituted (31.10.2023) by The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/178), reg. 1, Sch. para. 3(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Annex Scheme art. 12A(13)-(17) inserted (31.10.2023) by The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/178), reg. 1, Sch. para. 3(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2007/215/schedule/ANNEX/paragraph/12A",
    "retrieved_at": "2026-10-29T01:41:07.019942+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."
}