Paragraph 65A Purchase of service during the limited periodF1
A person F2... who satisfies the conditions specified in paragraph (2) may, in accordance with the following provisions of this Chapter, elect to pay pension contributions in respect of his service during the limited period.
The conditions are that—
the person is entitled to join this Scheme as a special member;
the service is—
as a retained firefighter; or
as a regular firefighter where he took up employment after 5th April 2006 as a regular firefighter immediately after the termination of his employment as a retained firefighter; or
with the agreement of the Board, as a regular firefighter, but not as a retained firefighter, where he had been employed by the Board as a retained firefighter and then required by the Board after 5th April 2006 to remain in employment as a retained firefighter whilst taking up employment as a regular firefighter.
Where paragraph (1) applies—
subject to article 66A(11) of this Part, mandatory special period pension contributions shall be paid in respect of the person’s service during the mandatory special period; and
mandatory special period pension contributions shall be paid for the period required by article 66A(12) of this Part, where a person has elected to transfer his accrued rights in the Firefighters’ Pension Scheme to his special membership,
but the period of service referred to in sub-paragraph (a) or (b) does not, subject to articles 81A or 84C of Part 12, include any period of service in respect of which he paid pension contributions under the Firefighters’ Pension Scheme or under this Scheme as a standard member.
Within two months of 20 June 2014, the Board shall use reasonable endeavours to notify all those existing employees and former employees who may be entitled to join this Scheme as a special member that they may be so entitled.
Within two months of receiving the notification in paragraph (4), or if no notification has been received, within three months of 20 June 2014, a person may apply to the Board falling within paragraph (2) for a statement of the service in respect of which he may become entitled to pay contributions under this article and the mandatory special period pension contributions which he would be required to pay in respect of it.
An application under paragraph (5) shall be in writing and shall state—
the date on which the applicant took up employment as a retained firefighter;
where he has left that employment, the date on which he left;
where he took up employment as a regular firefighter, the date on which he took up that employment;
if he joined this Scheme as a standard member or joined the Firefighters’ Pension Scheme, the date on which he joined the Scheme and, if it was the case, the date on which he made an election not to pay pension contributions under article 8 of this Scheme or under article 59 of the Firefighters’ Pension Scheme (as the case may be).
The Board shall determine the period of the person’s service during the limited period from their records.
Where the Board is not able to determine the period of the person’s service during the limited period from its records, the person may provide the Board with documents to assist it to determine the person’s period of service during the limited period and the Board shall determine the period of the person’s service from those documents.
Where the Board is not able to determine the period of the person’s service during the limited period and the Board does not hold records of that person’s pay for that period, and the person cannot provide the Board with the necessary documents, the Board may estimate the person’s pensionable pay for that period from the records which it holds and may in particular estimate this on the basis of the average of recent pay data for retained firefighters at the same station or stations as that at which the person was based for the relevant period.
Where the Board has estimated the pay of a person in accordance with paragraph (9), the Board shall determine that person’s period of pensionable service during the limited period.
Where the service is as a retained firefighter, the Board shall determine the person’s retained pensionable service during the limited period by calculating the same proportion of whole-time service as that which his actual pensionable pay or, as the case may be, his pensionable pay as estimated by the Board under paragraph (9), bears to his reference pay for each year of service during that period.
The Board shall calculate the amount of the special pension contributions payable in respect of special pensionable service during the limited period by applying a rate determined by the Scheme Actuary having regard to the rate required by paragraph (1A) of article 63 (pension contributions) for the appropriate period for the person’s pensionable pay.
Within three months of receiving an application under paragraph (5), the Board shall give the applicant a notice setting out the period of service during the limited period which he may purchase, the amount of special pension contributions payable in respect of the mandatory special period, the amount of special pension contribution payable in respect of the remainder of his service during the limited period, the pensionable pay and in appropriate cases the final pensionable pay which the Board has determined was paid during the limited period.
Where it is not reasonably practicable to comply with any requirement set out in this article within the period specified, the Board or applicant as the case may be shall comply with that requirement as soon as reasonably practicable after the end of that period
Annotations
Textual amendments
- F1
Annex Scheme art. 65A inserted (retrospective and with effect in accordance with art. 1(3)(c) of the amending Rule) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(3)(c), Sch. para. 9(6)
- F2
Word in Annex Scheme art. 65A(1) omitted (18.1.2016 with effect from 1.4.2015) by virtue of The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 2 para. 4(2)