[F17ZA(1)This paragraph modifies paragraphs 5A to 6A in cases where—N.I.
(a)W became entitled to a Category A or Category B retirement pension before 7 June 2012, and
(b)S died before 7 June 2012.
(“W” and “S” have the same meaning as in paragraph 5.)
(2)Paragraph 5A applies as if—
(a)in sub-paragraph (2), after paragraph (a), there were inserted—
“(b)the appropriate amount; and”;
(b)in sub-paragraph (3), after “following—”, there were inserted—
“(a)one half of the appropriate amount; and”.
(3)Paragraph 6 applies as if—
(a)in sub-paragraph (2), after paragraph (a), there were inserted—
“(b)the appropriate amount; and”;”;
(b)in sub-paragraph (3), after paragraph (b), there were inserted—
“(c)the appropriate amount reduced by the amount of any increases under section 105 of the Pensions Act; and”;
(c)in sub-paragraph (4), after paragraph (a), there were inserted—
“(b)one half of the appropriate amount; and”.
(4)Paragraph 6A applies as if in sub-paragraph (2), after paragraph (a), there were inserted—
“(b)one half of the appropriate amount; and”.
(5)In paragraphs 5A to 6A as modified by this paragraph, the “appropriate amount” means the greater of—
(a)the amount by which the deceased person's Category A or Category B retirement pension had been increased under section 132 of the Administration Act; or
(b)the amount by which his or her Category A or Category B retirement pension would have been so increased had he or she died immediately before the surviving spouse or civil partner became entitled to a Category A or Category B retirement pension.
(6)In sub-paragraph (1)(a) the reference to becoming entitled to a pension before 7 June 2012 includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day.]
Textual Amendments
F1Sch. 5 para. 7ZA inserted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 78(3)