Paragraph 56 Reckoning of pensionable serviceI1

Northern Ireland

(1)

F1Subject to paragraph (5) and article 56A, for the purposes of this Scheme, a person’s pensionable service accrues as pension contributions are paid, and consists of—

(a)

any period in respect of which he has paid pension contributions as a member of this Scheme;

(b)

any period of service taken into account for the purposes of an award under article 13 (deferred pension) or article 17 (entitlement to two pensions) where, on again taking up employment with the Board—

(i)

he becomes a member of the Scheme; and

(ii)

in accordance with article 14 (cancellation of deferred pension) the award under article 13 or article 17 is cancelled;

(c)

any period which he is entitled to reckon as pensionable service under article 58 (reckoning of unpaid period of absence) or article 59 (reckoning of maternity, paternity F2, parental bereavement and adoption leave, etc) or under any of articles 65 to 69;

(d)

any period of pensionable service taken into account for the purposes of F3a lower tier ill–health award under article 12 of this Scheme (award on ill–health retirement) F4... where—

(i)

the award is cancelled under article 50; and

(ii)

he remains a member of this Scheme;

(e)

if he rejoins this Scheme, on again taking up employment with the Board, any period of service as a former member of the Scheme, in respect of which—

(i)

no pension has been paid;

(ii)

no refund of pension contributions has been made; and

(iii)

no transfer value payment has been made; and

(f)

any period of service credited to the Scheme as pensionable service on acceptance of a transfer into the Scheme under Part 12.

F5(g)

any period of service treated as accrued in accordance with article 84A of Part 12.

(2)

The pensionable service of a firefighter may not exceed 45 years.

(3)

A person may not—

(a)

buy additional service if that would increase his pensionable service to more than 40 years by normal retirement age; or

(b)

transfer service into the Scheme if the aggregate of—

(i)

that service;

(ii)

his prospective service to normal retirement age; and

(iii)

any service already accrued in the Scheme,

would exceed 40 years by normal retirement age.

(4)

Any additional period of service purchased or in the process of being purchased under Part 11 is reckonable as pensionable service; but where only a portion of the pension contributions payable in respect of a period of additional service have been paid, only the equivalent portion of the period is reckonable as pensionable service.

(5)

Subject to paragraph (6), an additional period of service purchased or in the process of being processed under Part 11 is to be taken into account for the purposes of determining—

(a)

the amount of pension payable to the firefighter member or to his survivors; and

(b)

the amount of service a firefighter member has or may accrue in the Scheme.

(6)

An additional period of service is not to be taken into account in assessing—

(a)

the amount of the higher tier ill-health pension included in a higher tier ill–health award under Part 3; or

(b)

the amount of a death grant under F6article 35 of Part 5.

Annotations

Textual amendments

F1: Words in Annex Scheme art. 56(1) substituted (1.4.2015) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(2), Sch. para. 8(3)(a)
F2: Words in Annex Scheme art. 56(1)(c) inserted (29.9.2023) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 14(3)(b), 34 (with regs. 28-33)
F3: Word in Annex Scheme Pt. 10 art. 56(1)(d) 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. 8(a)(i)
F4: Words in Annex Scheme Pt. 10 art. 56(1)(d) omitted (with effect in accordance with art. 1(3) of the amending Rule) by virtue of The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 8(a)(i)
F5: Annex Scheme art. 56(1)(g) added (1.4.2015) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(2), Sch. para. 8(3)(b)
F6: Words in Annex Scheme Pt. 10 art. 56(6)(b) 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. 8(a)(ii)

Commencement

I1: ANNEX Scheme art. 56 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)