Paragraph 6 Amount of Survivor’s pension: special casesF1
This rule applies in relation to a person—
who is a member of the New Firefighters’ Pension Scheme on the day on which he dies;
in respect of whom an election under article 8(1) of Part 2 of the New Firefighters’ Pension Scheme not to make pension contributions has effect on the day on which he dies;
who is a member of the 2015 Scheme on the day on which he dies; or
who is eligible to be an active member of the 2015 Scheme and—
has exercised an option not to become an active member of that scheme in accordance with Chapter 2 of Part 3 of the 2015 Regulations which has effect of the day on which he dies; or
has not exercised an option to become an active member of that scheme in accordance with regulation 21 of the 2015 Regulations of the day on which he dies.
Subject to paragraph (3), where the person entitled to a special pension under rule 1 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 age of the surviving spouse or F3surviving civil partner exceeds, by more than twelve years, that of the deceased, shall be applied to the Schedule 2 amount.
Where the application of paragraph (2) would result in the payment of a special pension of less than 50 per cent. of the Schedule 2 amount, the special pension shall be 50 per cent. of the Schedule 2 amount.
In paragraphs (2) and (3), “the Schedule 2 amount” means the amount that would have been ascertained in accordance with Part 1 of Schedule 2 if rule 1 were not subject to this rule.
For the purposes of paragraph (2), a part of a year shall be treated as a whole year.
References in this rule to rule 1 include references to that rule as applied by rule 2(3).
Annotations
Textual amendments
- F1
Annex Scheme Pt. 3 rule 6 inserted (4.7.2008 with effect from 6.4.2006) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2008 (S.R. 2008/238), art. 1(1), Sch. para. 3(d) (with arts. 3, 4)
- F2
Annex Scheme Pt. 3 rule 6(1) substituted (18.1.2016 with effect from 1.4.2015) by The Firefighters’ Compensation Scheme (Amendment) (No. 2) and the New Firefighters’ Pension Scheme (Amendment) (No. 4) Order (Northern Ireland) 2015 (S.R. 2015/422), art. 1(2)(3), Sch. 1 para. 3(5)
- F3
Words in Annex Scheme Pt. 3 rule 6(2) substituted (5.7.2024 with effect from 5.12.2005) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1)(2), 4(2)(f)