SCHEDULE 9 N.I. SPECIAL CASES

Article 25(2)

PART I N.I. SPOUSE’S OR CIVIL PARTNER’S AWARDS

1.—(1) Paragraphs 2 to 6 have effect for the calculation of a surviving spouse’s or civil partner’s ordinary pension where— N.I.

(a) on lst July 1973 the deceased was serving as a regular firefighter or was entitled to a pension other than a deferred pension; and

(b) no election under paragraph 2 of Part I of Schedule 3 (flat-rate pension) has effect; and

(c) no payments election was made.

(2) A payments election is an election under Article 52, 53 or 54 of the 1973 Scheme made—

(a) where before lst April 1972 he last paid pension contributions at a rate related to 5% of his pensionable pay, for the purpose of avoiding the application of paragraphs 2 and 3 of Part II of Schedule 2 to the 1973 scheme; and

(b) in any other case, for the purpose of avoiding the application of paragraph 3 of that Part.

Commencement Information

I1 Sch. 9 Pt. 1 para. 1 in operation at 1.4.2006, see art. 1(2)

2.—(1) Subject to sub-paragraph (2), where before lst April 1972 the deceased last paid pension contributions at a rate related to 5% of his pensionable pay the amount of the spouse’s or civil partner’s ordinary pension is half the amount specified in paragraph 4(l). N.I.

(2) The amount payable in respect of any week shall not be less than it would have been if the weekly amount of the pension had been calculated as provided in Scheme II of Part II of Schedule 2 to the Firemen’s Pension Scheme 1971(1).

Commencement Information

I2 Sch. 9 Pt. 1 para. 2 in operation at 1.4.2006, see art. 1(2)

3.—(1) Subject to sub-paragraph (2), where paragraph 2 does not apply, the amount of the spouse’s or civil partner’s ordinary pension is— N.I.

where—

A is the amount of the deceased’s pension or notional pension, and

B is the amount specified in paragraph 4(l).

(2) Except where the deceased was in receipt of an ordinary or short service pension, the amount of the spouse’s or civil partner’s ordinary pension shall not be less than half the amount specified in paragraph 5(1).

Commencement Information

I3 Sch. 9 Pt. 1 para. 3 in operation at 1.4.2006, see art. 1(2)

4.—(1) The amount mentioned in paragraphs 2(l) and 3(l) is the difference between— N.I.

where—

C is the deceased’s average pensionable pay,

D is, subject to paragraph 6, his pensionable service up to 20 years, and

E is, subject to paragraph 6, any excess of his pensionable service over 20 years,

and an amount calculated in the same way but by reference only to pre-1972 pensionable service.

(2) In this paragraph and in paragraph 5 “pre-1972 pensionable service” means pensionable service reckonable otherwise than—

(a) by virtue of service as a regular firefighter after 31st March 1972; or

(b) where the conditions in article 49(1) or 49(3) were satisfied after 30th September 1973 or those in article 49(7) and 49(8) were satisfied after 31st March 1974, by virtue of article 49 (unless, having given written notice of his intention to do so, he retired for the purpose of joining another brigade); or

(c) by virtue of article 53.

Commencement Information

I4 Sch. 9 Pt. 1 para. 4 in operation at 1.4.2006, see art. 1(2)

5.—(1) The amount mentioned in paragraph 3(2) is that of the deceased’s ill-health or notional pension calculated in accordance with Part III of Schedule 2 but— N.I.

(a) by reference to his weighted relevant pensionable service where it does not exceed 20 years; or

(b) where his weighted relevant pensionable service exceeds 20 years, by reference, subject to paragraph 6, to the total of his relevant pensionable service and half his pre-1972 pensionable service,

instead of by reference to his pensionable service.

(2) For the purposes of this paragraph—

(a) the deceased’s relevant pensionable service is his pensionable service other than pre-1972 pensionable service; and

(b) his weighted relevant pensionable service is what his relevant pensionable service would be if so much of it as exceeds the relevant period were counted twice, the relevant period being the period, if any, by which his pre-1972 pensionable service falls short of 20 years.

Commencement Information

I5 Sch. 9 Pt. 1 para. 5 in operation at 1.4.2006, see art. 1(2)

6.  Where the deceased’s pensionable service exceeds 30 years, the excess is to be deducted— N.I.

(a) for the purposes of paragraph 4, from his pensionable service and from his pre-1972 pensionable service; and

(b) for the purposes of paragraph 5, except that of determining his relevant pensionable service, from his pre-1972 pensionable service.

Commencement Information

I6 Sch. 9 Pt. 1 para. 6 in operation at 1.4.2006, see art. 1(2)

Article 33(2)

PART II N.I. CHILDREN’S AWARDS

1.  This Part has effect for the calculation of a child’s ordinary allowance where— N.I.

(a) the deceased was the child’s father;

(b) on lst October 1973 he was serving as a regular firefighter or was entitled to a pension other than a deferred pension; and

(c) no payments election (within the meaning of paragraph 1 of Part I ) was made.

Commencement Information

I7 Sch. 9 Pt. 2 para. 1 in operation at 1.4.2006, see art. 1(2)

2.  The amount of an ordinary allowance is the appropriate percentage (within the meaning of paragraph 1 of Part I of Schedule 4) of the amount described in paragraph 3. N.I.

Commencement Information

I8 Sch. 9 Pt. 2 para. 2 in operation at 1.4.2006, see art. 1(2)

3.  The amount mentioned in paragraph 2 is the difference between (A + B) and C, where— N.I.

A is 1/60th of the deceased’s average pensionable pay multiplied by the period in years of his pensionable service up to 20 years,

B is 2/60ths of his average pensionable pay multiplied by the period in years by which his pensionable service exceeds 20 years, and

C is (A + B) calculated by reference only to pre-1972 pensionable service (within the meaning of paragraph 4 of Part I),

but where the deceased’s pensionable service exceeds 30 years the excess is to be deducted—

(a) from his pensionable service in calculating A and B; and

(b) from his pre-1972 pensionable service in calculating C.

Commencement Information

I9 Sch. 9 Pt. 2 para. 3 in operation at 1.4.2006, see art. 1(2)

Article 5(3)

PART III N.I. CALCULATION OF PENSIONABLE SERVICE WHERE PERSON CEASED TO SERVE BEFORE 1ST MAY 1975

1.  For the purposes of Part I of Schedule 2 the period in years by which a period exceeds 25 years shall be computed in completed half-years. N.I.

Commencement Information

I10 Sch. 9 Pt. 3 para. 1 in operation at 1.4.2006, see art. 1(2)

2.—(1) For the purposes— N.I.

(a) of paragraphs 2 and 3 of Part IV of Schedule 2;

(b) of paragraph 1(2) of Part VI of Schedule 2; and

(c) of paragraph 6 of Part I,

a period shall be computed in completed years.

(2) For the purposes—

(a) of Part II of Schedule 2;

(b) of paragraph 4 of Part III of Schedule 2;

(c) of Part V of Schedule 2;

(d) of paragraph 4(l) of Part I,

a period shall be computed in completed years, except that the period in years by which a period exceeds 20 years shall be computed in completed half-years.

(3) For the purposes of paragraph 5 of Part I a period shall be computed in completed years, except that—

(a) half the deceased’s pre-1972 pensionable service shall for the purposes of paragraph 5(l)(b) of that Part; and

(b) the period in excess of the relevant period shall for the purposes of paragraph 5(2)(b) of that Part,

be computed in completed half-years.

(4) For the purposes—

(a) of paragraph 2 of Part II of Schedule 3; and

(b) of paragraph 3 of Part II of Schedule 4,

a period shall be computed in completed years, except that insofar as a period exceeds 20 years it shall be computed in completed half-years.

Commencement Information

I11 Sch. 9 Pt. 3 para. 2 in operation at 1.4.2006, see art. 1(2)

3.  Where a period is to be computed in completed years a part of a year shall be ignored, and where a period is to be computed in completed half-years N.I.

(a) a part of a year less than a half shall be ignored; and

(b) a part of a year exceeding a half shall be treated as a half.

Commencement Information

I12 Sch. 9 Pt. 3 para. 3 in operation at 1.4.2006, see art. 1(2)

(1)

Brought into operation by S.R. & O. (N.I.) 1971 No 33