# The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007, Paragraph 79: Procedure for applications under article 78

Extent: N.I.

(1) An application under article 78—
(a) must be made in writing;
(b) must specify the scheme or arrangement from which the transfer value payment is to be made and the anticipated amount of the payment; and
(c) subject to paragraphs (2) to (4) , must be made—
(i) before the beginning of the period of one year ending with the date on which the member reaches normal retirement age; and
(ii) in the case of a transfer value payment from a non-occupational pension scheme, during the period of one year beginning with the day on which the member becomes eligible to be a firefighter member, or such longer period as the Board may allow.
(2) Subject to paragraphs (4) and (5), in the case of a transfer value payment to be made under public sector transfer arrangements, the application under article 78—
(a) must be made during the period of one year beginning with the day on which the member becomes eligible to be a firefighter member...; and
(b) must be received by the Board before the applicant reaches the age which is the normal pension age under the scheme by which the transfer value payment is to be made.
(3) Where the application under article 78 is made by a special firefighter member, who was not already a member of this Scheme when he elected to become a special firefighter member, sub-paragraph (c) of paragraph (1) and paragraph (2) shall not apply.
(4) In the case of a person referred to in paragraph (3) and in the case of a transfer value payment to be made under public sector transfer arrangements, the application under article 78 must be made by that person during the period of twelve months beginning with the day on which the Board gave the applicant the notice required by article 65A(13) of Part 11.
(5) Where the application is made by a person who joins this Scheme as a firefighter member (other than as a special firefighter member) the application must be made within one year of the person becoming a firefighter member of this Scheme or within one year of the person becoming an active member of the 2015 Scheme, as the case may be.

---
Source: https://www.legislation.gov.uk/nisr/2007/215/schedule/ANNEX/paragraph/79 (the official version)
Page: https://openlegislation.uk/new-firefighters-pension-scheme-order-northern-ireland-2007/schedule-ANNEX/paragraph-79
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

