Paragraph 43 Continuity of employmentI1
Northern Ireland
For the purposes of this Scheme, a reservist shall be treated as having continued, throughout his forces period—
to be a firefighter; and
subject to paragraph (2), for the purposes of his pensionable service under Part 10, employed by the Board.
Where, before his forces period, a reservist had elected to purchase additional service under Chapter 2 of Part 11 by periodical contributions, his forces period is not reckonable as F1additional service unless the contributions payable in respect of it have been paid (whether during his forces period or, if the Board has agreed that contributions may be discontinued as mentioned in paragraph (2) of article 68 (discontinuance period not exceeding six months), in accordance with that paragraph).
For the purposes of calculating the amount of a reservist’s pension contributions under article 63—
where he was a regular firefighter immediately before the forces period in question the pay that he would have received from the Board during his forces period shall be taken to be his pay for that period (his “notional regular pay”); and
where he was a retained or volunteer firefighter immediately before the forces period in question, the amount determined by multiplying the average of his pensionable pay for the period of 12 months that immediately preceded his forces period (expressed as a daily rate) by the number of days in his forces period shall be taken to be his pay for that period (his “notional retained or volunteer pay”),
but this is subject to paragraph (4).
In respect of any period during a reservist’s forces period in which the aggregate of—
his actual pay, and
any payments that he receives under section 4 of the 1996 Act,
is less than his notional regular pay or, as the case may be, his notional retained or volunteer pay for that first-mentioned period, he shall be treated as having no pensionable pay (and, accordingly, no liability to make pension contributions).
Annotations
Textual amendments
- F1
Word in Annex Scheme Pt. 7 art. 43(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. 7(a)(i)
- F2
Annex Scheme Pt. 7 art. 43(3)(4) substituted for (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. 7(a)(ii)