# The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2008., Paragraph 16


In Schedule 2, for Part 2 (award for surviving spouse or civil partner of post-retirement marriage or civil partnership) substitute—
“PART 2
AWARD FOR SURVIVING SPOUSE OF POST-RETIREMENT MARRIAGE WHERE DECEASED IS A MEMBER OF THE FIREFIGHTERS’ PENSION SCHEME BUT NOT A MEMBER OF THE NEW FIREFIGHTERS’ PENSION SCHEME
1. (1) Where the surviving spouse of a person who—
(a) was a member of the Firefighters’ Pension Scheme but
(b) was not a member of the New Firefighters’ Pension Scheme,
would otherwise have been entitled to a special award under rule 1 of Part 3 or an augmented award under rule 2 of that Part, the amount of his pension under that Part shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Schedule 3 to the Firefighters’ Pension Scheme (spouse’s or civil partner’s ordinary pension) in the same way as that of an ordinary pension.
(2) For the purposes of this paragraph, paragraph 1 of Part 1 of Schedule 3 to the Firefighters’ Pension Scheme has effect—
(a) as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension, and
(b) as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.
2. The appropriate proportion mentioned in paragraph 1(2)(a) is the proportion which the deceased’s relevant pensionable service bears to his total pensionable service.”.

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Source: https://www.legislation.gov.uk/nisr/2008/238/schedule/paragraph/16 (the official version)
Page: https://openlegislation.uk/firefighters-compensation-scheme-amendment-order-northern-ireland-2008/schedule/paragraph-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.