The Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

Special award for spouse or civil partner

1.—(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury; or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse or civil partner.

(2) Subject to rules 3 and 4, the surviving spouse or civil partner is entitled—

(a) to a special pension calculated in accordance with Part 1 of Schedule 2; and

(b) subject to paragraph (5), to a gratuity.

(3) Where the deceased died while serving as a regular firefighter, the amount of the gratuity is the total of 25% of his average pensionable pay and the greater of—

(a) as regards a surviving spouse—

(i) his average pensionable pay; and

(ii) two and a quarter times the amount of the pension that would have been payable under article 17 of the Pension Scheme (ill-health award) if on the date of his death he had retired on the ground of permanent disablement;

(b) as regards a surviving civil partner—

(i) his average pensionable pay; and

(ii) two and a quarter times such amount as bears to the amount of the pension referred to in sub-paragraph (a)(ii) to which he would have been entitled had he been the deceased’s surviving spouse, the same proportion that the deceased’s service after 5th April 1988 bears to the whole of his pensionable service.

(4) In any other case the amount of the gratuity is 25% of the deceased’s average pensionable pay.

(5) Where the deceased was entitled to an injury gratuity under rule 1 of Part 2 (injury award)—

(a) if it was of the same or a larger amount, no gratuity is payable under this rule; and

(b) if it was of a smaller amount, the gratuity under this rule shall be reduced by that amount.