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Paragraph 64 Optional pension contributions during maternity and adoption leaveI1

Northern Ireland

(1)

A firefighter member who−

(a)

is on maternity or adoption leave, which would not otherwise count as pensionable service under F1article 56, or as special pensionable service under article 56A; and

(b)

who, for the whole or part of the leave period, is not entitled to receive pay (including any statutory maternity or adoption pay under the Social Security Contributions and Benefits (Northern Ireland) Act 1992),

may elect to pay pension contributions in respect of that leave period.

(2)

The contributions shall be calculated by applying article 63 to the pensionable pay (including any statutory maternity or adoption pay under the Social Security Contributions and Benefits (Northern Ireland) Act 1992) received immediately before the start of the unpaid period in question.

(3)

F2Subject to paragraphs (6) and (7), an election must be made by giving notice in writing to the Board before the expiry of the period of 30 days (or such longer period as the Board may allow) beginning with−

(a)

the day on which he returns to work; or

(b)

if he does not return to work after the leave period, the day he ceases to be employed by the Board.

F3(3A)

Where the firefighter member returns to work, or ceases to be employed, after the transition date, the election under paragraph (3) may only be made in respect of the period before the transition date.

(4)

On receipt of the notice, the Board shall calculate the amount of contributions due and shall give notice in writing of that amount to the person concerned.

(5)

Where the full amount of contributions due has not been paid within six months of the date of the notice given under paragraph (4), the person concerned shall be entitled to reckon as pensionable service F4or as special pensionable service such proportion of the period in respect of which contributions were due as the amount of contributions paid bears to the total amount of contributions due.

(6)

Where a person dies before the end of the period of 30 days referred to in paragraph (3) without having given the required notice—

(a)

he shall be deemed to have given the notice; and

(b)

the Board—

(i)

shall give to his personal representatives a statement of the amount of contributions due; and

(ii)

may collect the contributions by deducting the amount of contributions due from the amount of the death grant payable under Part 5.

F5(7)

Where a person to whom this article applies is a connected member who dies before the end of the period of 30 days referred to in paragraph (3) without having given the required notice—

(a)

that person shall be deemed to have given the required notice, and

(b)

the Board—

(i)

shall give to the person’s personal representatives a statement of the amount of contributions due; and

(ii)

may collect the contributions with the agreement of the personal representatives by deducting the amount required from any lump sum death benefit payable under regulation 104 (lump sum payable on death of active member) of the 2015 Regulations.

Annotations

Textual amendments

F1

Words in Annex Scheme art. 64(1)(a) substituted (1.4.2015) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(2), Sch. para. 9(4)(a)

F2

Words in Annex Scheme art. 64(3) 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(c)(i)

F3

Annex Scheme art. 64(3A) 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(c)(ii)

F4

Words in Annex Scheme art. 64(5) inserted (1.4.2015) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(2), Sch. para. 9(4)(b)

F5

Annex Scheme art. 64(7) 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(c)(iii)

Commencement

I1

ANNEX Scheme art. 64 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)