The Public Service Pensions Act (Northern Ireland) 2014 (c. 2) (“PSPA(NI) 2014”) makes provision, and confers powers to make further provision (in the form of “scheme regulations” as defined in section 1 of PSPA(NI) 2014) about the establishment of public service pension schemes. The Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015 (S.R. 2015 No. 78) (“the 2015 Regulations”) are the scheme regulations establishing the successor firefighters’ pension scheme (“the reformed scheme”) to the schemes established by the Firefighters’ Pension Scheme Order (Northern Ireland) 2007 (S.R. 2007 No. 144) and the New Firefighters’ Pension Scheme Order (Northern Ireland) 2007 (S.R. 2007 No. 215) (“the legacy schemes”). The 2015 Regulations provided for transitional protection for certain cohorts of legacy scheme members. Transitional protection of this sort was subsequently found to unlawfully discriminate between legacy scheme members on the basis of age.
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