Social Security (Northern Ireland) Act 1975

6 (1) The Department may from time to time recommend to the Department of Finance that there shall be paid out of moneys appropriated by Measure of the Northern Ireland Assembly to a Commissioner who at the date of his retirement is remunerated by means of a salary an annual sum by way of superannuation allowances calculated in accordance with sub-paragraph (2),—

(a) if he retires pursuant to paragraph 5 ; or

(b) if he retires after 15 years' service and at the time of retirement has attained the age of 65 ; or

(c) if the Department is satisfied by means of a medical certificate that at the time of his retirement he is, by reason of infirmity of mind or body, incapable of discharging the duties of his office and that the incapacity is likely to be permanent.

(2) When the number of completed years of service is as specified in column (1) of the Table below, the annual allowance shall not exceed the fraction of the last annual salary respectively specified in column (2) of the Table—

TABLE

Years of service	Fraction of salary
Less than 5	6/40ths
5	10/40ths
6	11/40ths
7	12/40ths
8	13/40ths
9	14/40ths
10	15/40ths
11	16/40ths
12	17/40ths
13	18/40ths
14	19/40ths
15 or more	20/40ths

(3) For the purposes of this paragraph—

(a) service as a Commissioner which is not remunerated by means of a salary shall be disregarded ;

(b) the Department of Finance may by regulations provide for counting as service as a Commissioner pensionable service in any other capacity under the Crown.

(4) The decision of the Department of Finance shall be final on any question arising as to—

(a) the application of any of the provisions of this paragraph or paragraph 7 to any person ; or

(b) the amount of any superannuation allowance under this paragraph ; or

(c) the reckoning of any service for the purpose of calculating such a superannuation allowance.

(5) This paragraph is without prejudice to the pension benefits conferred by the [1951 c. 20 (N.I.).] Judicial Pensions Act (Northern Ireland) 1951.