OpenLegislation

Paragraph 14 Cancellation of deferred pensionI1

Northern Ireland

(1)

F1Subject to paragraph (4), where—

(a)

a deferred pension awarded under article 13 is not being paid; and

(b)

the person entitled to it is again employed by the Board in a role which entitles him to rejoin this Scheme; and

(c)

he rejoins the Scheme,

he may, at any time before leaving the Board’s employment, by notice in writing given to the Board, instruct the Board to cancel his deferred pension.

(2)

Where the Board cancels a deferred pension, it shall add to the pensionable service used for the calculation of the pension to which the person becomes entitled on leaving F2the Board’s employment the pensionable service used for the calculation of the deferred pension.

(3)

Where a person is entitled to a deferred pension from a fire and rescue authority in England, Scotland or Wales (“the first authority”), and he is subsequently employed by the Board, he must by written notice to the first authority instruct it—

(a)

to cancel the deferred pension; and

(b)

to make arrangements with the Board for the transfer of his pensionable service in accordance with Part 12.

F3(4)

Where the person entitled to receive a deferred pension is not a protected member of this Scheme, the member may not instruct the Board to cancel the deferred pension.

(5)

Where the person entitled to receive a deferred pension was a connected member of this Scheme and re-joins the 2015 Scheme after a gap in pensionable service not exceeding 5 years, the Board must cancel the deferred pension.

Annotations

Textual amendments

F1

Words in Annex Scheme art. 14(1) substituted (retrospective to 1.4.2015) by The Firefighters’ Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/420), reg. 1(2), Sch. 2 para. 3(e)(i)

F2

Words in Annex Scheme Pt. 3 art. 14(2) substituted (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(b)

F3

Annex Scheme art. 14(4)(5) inserted (retrospective to 1.4.2015) by The Firefighters’ Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/420), reg. 1(2), Sch. 2 para. 3(e)(ii)

Commencement

I1

ANNEX Scheme art. 14 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)