# The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007, Paragraph 62: Final pensionable pay

Extent: N.I.

(1) For the purpose of calculating pensions under this Scheme, the final pensionable pay of a firefighter member is the aggregate of pensionable pay received in respect of the 365 pensionable pay days ending with the relevant date, but this is subject to the following paragraphs.
(1A) Where the pensionable pay received by a firefighter in respect of the 365 pensionable pay days referred to in paragraph (1) includes an amount payable to him in respect of the benefits falling within article 17B of Part 3, that amount shall be disregarded for the purpose of ascertaining his final pensionable pay.
(2) Subject to paragraphs (2A) and (3), “the relevant date” for the purposes of paragraph (1)—
(a) in relation to a firefighter member who is entitled to two pensions under article 17, means—
(i) as regards the first pension, the date on which he was last paid at the higher rate ...;
(ii) as regards the second pension the last day of his membership of the Scheme or, if he dies in service, the date of his death;
(b) in any other case, means the date of the firefighter member’s last day of pensionable service ,or if he dies in service, the date of his death.
(2A) In the case of a connected member or a deferred member to whom paragraph (5B) of article 61 applies, “the relevant date” means—
(a) where the final salary link applies, the last day of pensionable service in the 2015 Scheme, or
(b) where paragraph 32(4) of Schedule 2 to the 2015 Regulations applies, the last day of pensionable service in the 2015 Scheme before the reduction of pensionable pay in the 2015 Scheme.
(3) Where a firefighter member’s final pensionable pay would have been more than the amount calculated in accordance with paragraph (1) if the relevant date had occurred on the corresponding day in either of the two periods of 365 pensionable pay days preceding the first day of the period of 365 pensionable pay days ending with the relevant date (as defined in paragraph (2) without reference to this paragraph), that corresponding day in whichever of those periods produces the higher amount shall be treated as the relevant date for the purposes of paragraph (1).
(4) Subject to paragraph (7), where a firefighter member is entitled to count only part of a year as a period of membership of the Scheme (“the membership period”), his final pensionable pay is the amount of pensionable pay received in the membership period multiplied by 365 and divided by the number of days in the membership period.
(5) For the purposes of paragraph (1), any reduction of pensionable pay as a result of—
(a) sick leave;
(b) stoppage of pay by way of punishment;
(c) ordinary maternity leave, ordinary adoption leave , parental bereavement leave or paternity leave;
(d) paid additional maternity leave or additional adoption leave;
(e) unpaid periods in respect of which the firefighter member has paid pension contributions; or
(f) unpaid additional maternity leave or additional adoption leave in respect of which pension contributions have been paid,
shall be disregarded.
(5A) The final pensionable pay of a firefighter member who—
(a) Is entitled to a long service increment; and
(b) Retires after 30th September 2006 and before 1st October 2007, or becomes entitled to a deferred pension under article 13 within that period,
shall be calculated—
(i) As if his long service increment had accrued at the rate of £990 per annum (disregarding the reduction that had effect in relation to times on and after 1st October 2006), and
(ii) disregarding any LS-related payment.
(5B) The final pensionable pay of a firefighter member who—
(a) retires or becomes entitled to a deferred pension on or after 1st October 2007, and
(b) is entitled to additional pension benefit under article 17A (additional pensions benefit: long service),
shall be calculated taking into account whichever of the following paragraphs yields the greater amount—
(i) the calculation is made with regard to his long service increment and any LS-related payment, or
(ii) the calculation is made with regard to his long service increment and any LS-related payment, but without regard to the amount credited to him under Article 17A.
(5C) In paragraphs (5A) and (5B) “LS-related payment” means an interim or transitional payment connected with a firefighter member’s long service.
(6) The final pensionable pay of a retained or volunteer firefighter shall be determined by reference to the final pensionable pay of a regular firefighter employed in a similar role and with equivalent qualifying service.
(7) A firefighter member’s final pensionable pay in any tax year shall be taken not to include any amount in excess of the figure which is the permitted maximum for that year.
(8) In paragraph (6) “role” in relation to a firefighter, means the role in which he is for the time being employed, being a role set out in “the Fire and Rescue Services Rolemaps” issued by the National Joint Council for Local Authority Fire and Rescue Services in August 2005..
(9) In the case of a special member, paragraph (2)(b) applies with the substitution of “special pensionable service” for “pensionable service”.
(10) In the case of a person who joined this Scheme as a special deferred member or a special pensioner member, his final pensionable pay shall be the amount determined by the Board and set out in the notice given by the Board under article 65A(13) of this Part or, if a notice has been given under article 65B(13), set out in that notice.

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Source: https://www.legislation.gov.uk/nisr/2007/215/schedule/ANNEX/paragraph/62 (the official version)
Page: https://openlegislation.uk/new-firefighters-pension-scheme-order-northern-ireland-2007/schedule-ANNEX/paragraph-62
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.