The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

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)

(1)

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