The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

PART C N.I. AWARDS ON DEATH — SPOUSES OR CIVIL PARTNERS

Spouse’s or civil partner’s ordinary pension N.I.

25.—(1) This article applies where a person entitled to reckon at least 2 years’ pensionable service dies, leaving a surviving spouse or civil partner—

(a) while serving as a regular firefighter unless an election under article 59 not to pay pension contributions had effect at the time of his death; or

(b) while in receipt of an ordinary, short service or ill-health pension; or

(c) while in receipt of an injury pension under the Compensation Scheme, if he has been but no longer is in receipt both of that pension and of an ill-health pension; or

(d) in consequence of an injury on account of which he retired from service as a regular firefighter with an ill-health gratuity, if he has not since had any period of such service.

(2) Where this article applies the surviving spouse or civil partner is entitled to an ordinary pension calculated, subject to Part I of Schedule 9 (Spouse’s or civil partner’s awards), in accordance with Part I of Schedule 3.

(3) The surviving civil partner is entitled to an ordinary pension of such amount as bears to the ordinary pension to which he would have been entitled had he been the deceased’s surviving spouse (calculated in accordance with Part I of Schedule 3), the same proportion that the deceased’s service after 5th April 1988 bears to the whole of his pensionable service.

Commencement Information

I1 ANNEX Scheme Pt. C art. 25 in operation at 1.4.2006 with effect in accordance with art. 1(2)(a), seeart. 1(2)

Spouse’s or civil partner’s accrued pension N.I.

26.—(1) This article applies, whether or not the pension has come into payment, where a person entitled to a deferred pension dies leaving a surviving spouse or civil partner.

(2) For the purposes of paragraph (1) a person shall be treated as entitled to a deferred pension if he would have been entitled to one but for its commutation under article 19.

(3) Where this article applies the surviving spouse or civil partner is entitled to an accrued pension calculated in accordance with Part II of Schedule 3.

Commencement Information

I2 ANNEX Scheme Pt. C art. 26 in operation at 1.4.2006, see art. 1(2)

Limitation award to surviving spouse or civil partner with reference to date of marriage or civil partnership N.I.

27.—(1) A surviving spouse or civil partner is not entitled to an ordinary pension under article 25 or an accrued pension under article 26 unless that person was married to, or had formed a civil partnership with, the deceased during a period before the deceased last ceased to be a regular firefighter.

(2) A surviving spouse or civil partner who but for paragraph (1) would be entitled to a pension mentioned in that paragraph is instead entitled to a pension calculated in accordance with Part III of Schedule 3.

(3) A surviving civil partner who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension of such amount as bears to the pension to which, under paragraph (2), 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.

Commencement Information

I3 ANNEX Scheme Pt. C art. 27 in operation at 1.4.2006 with effect in accordance with art. 1(2)(b), seeart. 1(2)

Surviving spouse’s or civil partner’s requisite benefit and temporary pension N.I.

28.—(1) This article applies, with effect from 1st March 1992, where—

(a) a person entitled to reckon less than 2 years’ pensionable service who is or has been a regular firefighter and by whom pension contributions have at any time been payable under article 57 dies, leaving a surviving spouse or civil partner, after the beginning of the tax year in which he attained or would have attained state pensionable age; and

(b) article 26 does not apply.

(2) Where this article applies the surviving spouse or civil partner is entitled—

(a) in respect of the first 13 weeks following the death, to a temporary pension; and

(b) after the last of those 13 weeks, to a requisite benefit pension.

(3) The weekly amount of the temporary pension is A - B where:

A is the weekly amount, immediately before he died, of the deceased’s pensionable pay or, as the case may be, his pension or pensions (including any increase under the Pensions (Increase) Act (Northern Ireland) 1971(1)); and

B is the weekly amount of any children’s allowances payable in respect of his death.

(4) The requisite benefit pension shall be calculated—

(a) in the case of a surviving spouse, in accordance with Part IV of Schedule 3; and

(b) in the case of a surviving civil partner, in accordance with that Part subject to the substitution, in paragraphs 1 and 3, of “5th April 1988” for “5th April 1978”.

(5) If—

(a) the deceased died while serving as a regular firefighter; and

(b) the amount of the capitalised value of the requisite benefit pension, as calculated by the Government Actuary, is less than that of his average pensionable pay,

the surviving spouse or civil partner is entitled to a gratuity equal to the difference between those amounts.

Commencement Information

I4 ANNEX Scheme Pt. C art. 28 in operation at 1.4.2006 with effect in accordance with art. 1(2)(c), seeart. 1(2)

Surviving spouse’s or civil partner’s award where no other award payable N.I.

29.—(1) This article applies where—

(a) a person by whom pension contributions have at any time been payable under article 57 dies, while serving as a regular firefighter, before the end of the tax year preceding that in which he would have attained state pensionable age; and

(b) he leaves a spouse or a civil partner; and

(c) articles 25, 26 and 28 do not apply.

(2) Where this article applies the surviving spouse or civil partner is entitled—

(a) in respect of the first 13 weeks following the death, to a temporary pension calculated as if article 28(2)(a) and (3) had applied; and

(b) to a lump sum of an amount equal to the deceased’s average pensionable pay.

Commencement Information

I5 ANNEX Scheme Pt. C art. 29 in operation at 1.4.2006, see art. 1(2)

Limitation where spouses or civil partners living apart N.I.

30.—(1) A surviving spouse or civil partner who at the time of the death was living apart from the deceased is not entitled to any award under articles 25 and 26 to 29.

(2) Except where paragraph (3) applies, a surviving spouse or civil partner who but for paragraph (1) would be entitled to a pension under article 25 or 26 is entitled instead to a requisite benefit pension calculated in accordance with Part IV of Schedule 3.

(3) Where—

(a) the surviving spouse or civil partner would but for paragraph (1) be entitled to a pension under article 25 or 26; and

(b) at the time of the death the deceased was making relevant contributions, or was liable to do so by virtue of an agreement or of an order or decree of a competent court,

the surviving spouse or civil partner is entitled to a pension of the appropriate amount.

(4) Relevant contributions are contributions paid or payable—

(a) for the support of the spouse or civil partner; or

(b) to the spouse or civil partner for the support of a child of the spouse’s or civil partner’s,

the amount of which exceeds that of the requisite benefit pension that would otherwise be payable under paragraph (2).

(5) The appropriate amount is the lesser of—

(a) the amount of a pension calculated in accordance with, as the case may be, article 25 or 26; and

(b) the amount of the relevant contributions.

(6) The Board may determine that, for such period as it thinks fit, a pension under paragraph (2) or (3) shall be paid at an increased rate, not exceeding that of the pension which would have been payable but for paragraph (1).

(7) Where but for paragraph (1) the surviving spouse or civil partner would be entitled to a gratuity, the Board may decide that the gratuity be paid in whole or part.

Commencement Information

I6 ANNEX Scheme Pt. C art. 30 in operation at 1.4.2006, see art. 1(2)

Effect of remarriage or subsequent civil partnership N.I.

31.—(1) A person entitled to a pension under this Part who remarries or forms a subsequent civil partnership is not entitled to receive any payment on account of the pension in respect of any subsequent period; but if the marriage or civil partnership is dissolved or the other party dies the Board may pay the whole or any part of the pension for such period after the dissolution or death.

(2) Where a person entitled to a gratuity under this Part remarries or forms a subsequent civil partnership any part of the gratuity that has not already been paid (“the outstanding amount”) ceases to be payable; but if the marriage or civil partnership is dissolved or the other party to it dies the Board may pay the person the whole or any part of the outstanding amount.

Commencement Information

I7 ANNEX Scheme Pt. C art. 31 in operation at 1.4.2006, see art. 1(2)

Pension debit members N.I.

32.—(1) Where a pension debit member dies leaving a surviving spouse or civil partner, any award under article 25, 26, 27, 28, 29 or 30, and the pension under any of those articles by reference to which any payment under article 31 is made, is calculated by reference to the member’s rights under this Scheme as reduced by virtue of Article 28 of the 1999 Order and in accordance with such tables and other guidance as are provided for the purpose by the Government Actuary.

Commencement Information

I8 ANNEX Scheme Pt. C art. 32 in operation at 1.4.2006, see art. 1(2)

(1)

1971 c. 35(N.I.)