The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

Amount of survivor’s pension: special cases

25.—(1) Subject to paragraph (2), where the person entitled to a survivor’s pension under article 23 is more than twelve years younger than the deceased on the day on which he dies, a reduction of 2.5 per cent for each year by which the survivor’s age exceeds, by more than twelve years, that of the deceased, shall be applied to the article 24 amount.

(2) Where the application of paragraph (1) would result in the payment of a survivor’s pension of less than 50 per cent of the article 24 amount, the survivor’s pension shall be 50 per cent of the article 24 amount.

(3) Where—

(a) a pension debit member satisfies an eligibility condition and dies while employed by the Board;

(b) a survivor’s pension is payable under article 23 on his death; and

(c) a pension sharing order or, in the case of a surviving civil partner, an order to similar effect, had effect on the day on which the pension debit member died,

the amount of the survivor’s pension shall be ascertained with regard to the terms of that order.

(4) In paragraphs (1) and (2), “the article 24 amount” means the amount that would have been ascertained in accordance with article 24 if that article were not subject to paragraphs (1) and (3) of this article.

(5) For the purposes of paragraph (1), a part of a year shall be treated as a whole year.