Office of Public Sector Information
Statutory Rules of Northern Ireland
FIRE SERVICES
PENSIONS
Made
5th March 2007
Coming into operation
2nd April 2007
The Department of Health, Social Services and Public Safety, in exercise of the powers conferred by Article 10(1), (3), (4) and (5) of the Fire Services (Northern Ireland) Order 1984(1) and now vested in it(2) and with the approval of the Department of Finance and Personnel(3), in accordance with Article 10(1) of that Order, makes the following Order:
1.—(1) This Order may be cited as the Firefighters’ Compensation Scheme Order (Northern Ireland) 2007 and shall come into operation on 2nd April 2007; but—
(a) rule 3 of Part 2 of the Compensation Scheme (compensation for death or permanent incapacity while on duty), and so much of that Scheme as relates to that rule, shall have effect from 1st April 2000; and
(b) the remainder of the Compensation Scheme shall have effect from 1st April 2006.
(2) In this Order—
“the Compensation Scheme” means the Firefighters’ Compensation Scheme (Northern Ireland) 2007, set out in the Annex; and
“the Pension Scheme” means the Scheme set out in the Annex to the Firefighters’ Pension Scheme Order (Northern Ireland) 2007(4).
2.—(1) Subject to articles 3 and 4, the Compensation Scheme (which makes provision for the payment of pensions, allowances and gratuities to and in respect of persons who die or are permanently disabled as the result of an injury sustained or disease contracted while employed by the Northern Ireland Fire and Rescue Service) shall have effect.
(2) The corresponding provisions of the Firemen’s Pension Scheme and the provisions of the Compensation Scheme to which they correspond are set out in Schedule 7.
3.—(1) Where—
(a) a provision of the Compensation Scheme (“the new provision”) re-enacts a provision of the Firemen’s Pension Scheme Order (Northern Ireland)(5) (“the old provision”) with any modification; and
(b) a person to whom a protected benefit was being paid or might become payable is placed in a worse position than he would have been in if the old provision had continued to have effect,
he may, by giving written notice to the Board, elect that the new provision is to apply in relation to the benefit as if it had re-enacted the old provision without modification.
(2) Notice under paragraph (1) must be given not later than 16th April 2007.
(3) For the purposes of paragraph (1), a protected benefit is one paid, or capable of becoming payable, to or in respect of a person who, before 1st April 2006, ceased to be a member of the fire brigade or died.
4.—(1) With the exception of rule 3 of Part 2, the Compensation Scheme shall not have effect in relation to a person in respect of whom a determination or decision under the Pension Scheme relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of article 7 of the Pension Scheme) has been made before 1st April 2006.
(2) In a case to which paragraph (1) applies, the provisions of the Pension Scheme, in the form in which they exist immediately before 1st April 2006, shall continue to have effect in relation to such a person.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 5th March 2007
Nigel Carson
A senior officer of the Department of Health, Social Services and Public Safety
The Department of Finance and Personnel approves this Order.
Sealed with the Official Seal of the Department of Finance and Personnel on 5th March 2007
Dr Mary McIvor
A senior officer of the
Department of Finance and Personnel
Article 2
S.I. 1984/1821 (N.I. 11); see Article 2(2) for the definition of “the Department”; Article 10 was continued by S.I. 2006/1254 (N.I. 9), Article 60(1) and (2). Back [1]
See S.R. 1999 No. 481 Schedule 4, Part III Back [2]
Formerly the Department of Finance. See S.I. 1982/338 (N.I.6) Article 3 Back [3]
S.R. 2007 No. 144 Back [4]
S.R. 2006 No. 210 Back [5]
The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007