{
  "url": "https://openlegislation.uk/new-firefighters-pension-scheme-order-northern-ireland-2007/schedule-ANNEX/paragraph-61",
  "json_url": "https://openlegislation.uk/new-firefighters-pension-scheme-order-northern-ireland-2007/schedule-ANNEX/paragraph-61.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/61",
  "kind": "paragraph",
  "number": "61",
  "heading": "Pensionable pay",
  "text": "(1) Subject to paragraphs (3) and (5A) and article 63(3) the pensionable pay of a firefighter member, is the aggregate of—\n(a) his pay in relation to the performance of the duties of his role, except any allowance or emoluments paid to him on a temporary basis, ...\n(aa) the amount (if any) of any benefits which are pensionable under article 17B(1) of Part 3, and\n(b) his permanent emoluments (including, in the case of a retained firefighter, any retaining allowance).\n(2) Where a firefighter member surrenders the right to receive part of his pensionable pay in exchange for the provision by the Board of any non–cash benefit, the amount forgone shall continue to be treated as part of his pensionable pay for all purposes of this Scheme (including determining pension contributions and calculating awards).\n(3) A firefighter member’s pensionable pay in any tax year shall be taken not to include and amount in excess of the permitted maximum for that year.\n(4) For the purposes of this article and article 62, the permitted maximum for a tax year is £108,600; but in relation to a tax year other than the tax year ending in 2007, this is subject to paragraph (5).\n(5) Where the retail price index for the month of September in the tax year preceding the tax year in question is higher that it was for the previous September, the permitted maximum for the tax year in question shall be the amount arrived at—\n(a) by increasing the permitted maximum for the previous tax year by the same percentage as the percentage increase in the retail price index; and\n(b) if the result is not a multiple of £600, by rounding it up to the nearest amount which is a multiple of £600.\n(5A) Where before the date of coming into operation of this Order and after that date, any allowance or supplement is being paid to a firefighter member which the Board treats as pensionable, but is not—\n(a) pensionable pay within the meaning of paragraph (1)(a);\n(b) additional pension benefit under article 17A of Part 3 (long service); or\n(c) a payment in respect of a firefighter’s continual professional development under article 17B.\nthat allowance or supplement shall continue to be treated as pensionable for so long as the firefighter receives it without any break in payment.\n(5B) Subject to paragraphs (5C) and (5D), where article 4B of Part 2 has applied to a member of this Scheme who has joined the 2015 Scheme with continuity of service and paragraph 1 or 2 of Schedule 7 (final salary link) to the 2014 Act applies to that person, paragraph (1) of this article does not apply and final pensionable pay is determined in accordance with Schedule 7 to that Act so that the member’s pensionable pay under the 2015 Regulations as modified by paragraph 32 of Schedule 2 to those Regulations derived from service in the 2015 Scheme is to be regarded as pensionable pay derived from service in this Scheme.\n(5C) Where paragraph (5B) and paragraph 32(4) of Schedule 2 to the 2015 Regulations apply to a member of this Scheme, the pensionable pay to be regarded as derived from service in this Scheme is the pensionable pay derived from service in the 2015 Scheme under the 2015 Regulations as modified by paragraph 32 of Schedule 2 to those Regulations for the last year of pensionable service in the 2015 scheme before the reduction in pensionable pay.\n(5D) Where paragraph 32(3) of Schedule 2 to the 2015 Regulations applies to a member of this Scheme, pensionable pay is determined in accordance with paragraph (1) and paragraph (5B) does not apply.\n(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Annex Scheme art. 61(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. 5(a)(i)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Annex Scheme art. 61(1) substituted (8.12.2015) by virtue of The New Firefighters’ Pension Scheme (Amendment) (No. 3) Order (Northern Ireland) 2015 (S.R. 2015/355), arts. 1, 3(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Annex Scheme Pt. 11 art. 61(1) substituted (with effect in accordance with art. 1(5)(b) of the amending Rule) by The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 9(a)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Annex Scheme art. 61(1)(a) omitted (1.7.2014) by virtue of The New Firefighters’ Pension Scheme (Amendment) (No. 2) Order (Northern Ireland) 2014 (S.R. 2014/168), art. 1(2), Sch. para. 5(a)(i)(bb)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Annex Scheme art. 61(1)(aa) inserted (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. 5(a)(i)(cc)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Annex Scheme Pt. 11 art. 61(5) substituted (with effect in accordance with art. 1(5)(b) of the amending Rule) by The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/381), art. 1(3), Sch. para. 9(a)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Annex Scheme art. 61(5A) inserted (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. 5(a)(ii)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Annex Scheme art. 61(5B)-(5D) 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. 5(a)(ii)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in Annex Scheme art. 61(5B) substituted (5.7.2024 with effect from 1.4.2015) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1)(6), 3(8)(a)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Annex Scheme art. 61(5C) substituted (5.7.2024 with effect from 1.4.2015) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1)(6), 3(8)(b)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in Annex Scheme art. 61(5C) substituted (5.7.2024 with effect from 1.4.2015) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1)(6), 3(8)(a)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in Annex Scheme art. 61(5D) substituted (5.7.2024 with effect from 1.4.2015) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1)(6), 3(8)(c)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Annex Scheme art. 61(6) revoked (8.12.2015) by The New Firefighters’ Pension Scheme (Amendment) (No. 3) Order (Northern Ireland) 2015 (S.R. 2015/355), arts. 1, 3(b)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "ANNEX Scheme art. 61 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2007/215/schedule/ANNEX/paragraph/61",
    "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."
}