{
  "url": "https://openlegislation.uk/new-firefighters-pension-scheme-order-northern-ireland-2007/schedule-ANNEX/paragraph-84C",
  "json_url": "https://openlegislation.uk/new-firefighters-pension-scheme-order-northern-ireland-2007/schedule-ANNEX/paragraph-84C.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/84C",
  "kind": "paragraph",
  "number": "84C",
  "heading": "Converting membership from standard membership to special membership – special pensioner members",
  "text": "(1) This article applies—\n(a) to a person who is—\n(i) a special pensioner member,\n(ii) entitled to be a special pensioner member and who is in receipt of an ordinary pension, a higher tier ill-health pension, or a lower tier ill-health pension, or\n(iii) subject to article 84CB, is entitled to a deferred pension under article 13 (deferred pension) or article 15 (Pension on member-initiated early retirement) of Part 3;\n(b) in respect of pensionable service which he would be entitled to treat as special pensionable service.\n(2) A person to whom this article applies may apply to the Board for a statement of the amount of pensionable service which he would be entitled to treat as special pensionable service and the amount of the payments required by required by sub-paragraphs (b) and (c) of paragraph (5).\n(3) An application under paragraph (2) shall be made in writing at the same time as an application under article 65A(5) (purchase of service during the limited period) or article 65B(9) (purchase of service during the extended limited period) of Part 11 as the case may be.\n(4) At the same time as the Board give the notice under article 65A(13) or article 65B(13) of Part 11 as the case may be, the Board shall provide—\n(a) a statement of the amount of pensionable service which may be treated as special pensionable service; and\n(b) a statement of the amount of the payments required by paragraph (5).\n(5) Where the member elects to have his pensionable service treated as special pensionable service—\n(a) he may only make his election at the same time as he makes his election to pay mandatory special period pension contributions under article 66A of Part 11;\n(b) he shall pay an amount representing the difference between the pension contribution under article 63(1) of Part 11 which he has paid as a standard member and the pension contribution required to be paid as a special member under paragraph (1A) of that article;\n(c) he shall pay interest on the amount payable under sub-paragraph (b) in accordance with paragraph (12);\n(d) he shall pay that amount by lump sum payment.\n(6) When the payment required by paragraph (5) has been paid, and subject to paragraph (7)—\n(a) the member’s pensionable service as a standard member shall be treated as special pensionable service;\n(b) the member shall continue to receive his ordinary or ill-health pension in respect of his pensionable service as a standard member;\n(c) the member shall, in addition, receive his special member’s ordinary pension or ill-health pension in respect of his special pensionable service as a special member but the special member’s ordinary pension or ill-health pension in respect of his special pensionable service shall be reduced in accordance with tables produced by the Scheme Actuary so that the total amount of pension that the member receives in accordance with sub-paragraphs (b) and this sub-paragraph does not exceed the amount he would have received as a special member if—\n(i) the had not been an ordinary member of the Scheme; and\n(ii) all of his service from the start of the mandatory special period to the date that the member’s special member’s ordinary pension or ill-health pension, as the case may be, becomes payable and which is eligible to be treated as special pensionable service, was treated as special pensionable service.\n(7) Where a member’s pensionable service includes a period (“the transferred in period”) which the member is entitled to count as pensionable service in accordance with articles 80 and 81 of this Part, the transferred in period shall be converted to special pensionable service in accordance with guidance and tables provided by the Scheme Actuary for the purposes of this paragraph.\n(8) Subject to paragraph (9), where article 66(5) or (9) (election to purchase service during the limited period or the extended limited period) of Part 11 applies, and the member does not within the period specified in that paragraph pay a lump sum equivalent to the balance of the payment referred to in paragraph (5)(b), ascertained in accordance with tables provided by the Scheme Actuary, the period of service as a standard member converted to special pensionable service shall be treated as if it were the period ascertained in accordance with the formula—\nA×(B/C)where—\nA is the period of service as a standard member which he elected to convert,\nB is the period of that service in respect of which the payment referred to in paragraph (5)(b) has been paid, and\nC is the period of that service in respect of which the payment referred to in paragraph (5)(b) would have been paid in accordance with his election.\n(9) Where the special member dies before the payment referred to in paragraph (5)(b) has been made in full, it shall be treated as having been made in full and the period of service as a standard member which he had elected to convert shall be special pensionable service.\n(10) This paragraph applies where—\n(a) a member’s pensionable service as a standard member has been converted to special pensionable service in accordance with this article; and\n(b) the lump sum due in respect of the amount payable in accordance with paragraph (5)(b) has not been paid within six months of his election under paragraph (5) or such longer period as the Board may notify in writing to the person.\n(11) Where paragraph (10) applies—\n(a) the election to convert shall be treated as having been revoked; and\n(b) any amount that the member has paid in respect of the amount due under paragraph (5)(b) shall be credited against the mandatory special period pension contributions payable by the member.\n(12) Interest on the amount referred to in paragraph (5)(b) (“the relevant amount”) is calculated as follows—\n(a) for the purposes of this paragraph, it shall be assumed that the pension contributions due under article 63(1A) of Part 11 (pension contributions) were payable at the same time as the contributions which the member paid under article 63(1) of that Part;\n(b) interest starts to accrue on the relevant amount from the beginning of the period of pensionable service which is to be treated as special pensionable service in accordance with this article and ceases to accrue on the calculation date;\n(c) where the relevant amount is to be paid by lump sum, interest shall be calculated by applying the past interest rate to that amount compounded monthly between the month each contribution under article 63(1A) of Part 11 would have been made in accordance with sub-paragraph (a) until the calculation date;\n(d) where the relevant amount is to be paid by periodic contribution—\n(i) interest shall be calculated as for a lump sum payment under sub-paragraph (c);\n(ii) the amount of interest payable shall then be adjusted in accordance with tables provided by the Scheme Actuary so as to allow for interest at the future interest rate in relation to the period from the calculation date to the date that the contribution is paid, so as to discharge liability over a period of ten years;\n(e) for the purpose of this article—\n“calculation date” means—\n(i)in the case of a lump sum contribution, the date when the lump sum is paid; and\n(ii)in the case of payment of the relevant amount by periodic contribution, the date when the member joined this Scheme as a special member;\n“future interest rate” is a rate equivalent to 1.5% plus the FTSE Actuaries UK Gilt 10 years yield index less the average of the FTSE Actuaries UK Index-linked Gilt 5 to 15 years index with assumed inflation rates of 0% and 5%;\n“past interest rate” is a rate equivalent to the interest available on the most recent issue of five-year fixed interest savings certificates from National Savings and Investments available on the 15th day of each month which would have been applicable to the period in question.\n(13) An election under paragraph (5) shall be made by giving written notice to the Board and shall take effect on the day on which the notice is received by the Board.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 12 Ch. 5 added (retrospective and with effect in accordance with art. 1(3)(d) of the amending Rule) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(3)(d), Sch. para. 10(10)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Annex Scheme art. 84C(1)(a) substituted (1.9.2026) by The New Firefighters’ Pension Scheme (Amendment) Order (Northern Ireland) 2026 (S.R. 2026/150), art. 1, Sch. para. 5(3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Annex Scheme art. 84C(3) inserted (31.10.2023) by The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/178), reg. 1, Sch. para. 7(6)(b)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Annex Scheme art. 84C(3) inserted (31.10.2023) by The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/178), reg. 1, Sch. para. 7(6)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Annex Scheme art. 84C(4) inserted (31.10.2023) by The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/178), reg. 1, Sch. para. 7(6)(c)(i)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Annex Scheme art. 84C(4) inserted (31.10.2023) by The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/178), reg. 1, Sch. para. 7(6)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Annex Scheme art. 84C(8) inserted (31.10.2023) by The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/178), reg. 1, Sch. para. 7(7)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2007/215/schedule/ANNEX/paragraph/84C",
    "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."
}