Paragraph 1 Special award for spouse or civil partnerI1

Northern Ireland

(1)

This rule applies where a person who is or has been a F1regular or retained firefighter dies from the effects—

(a)

of a qualifying injury; or

(b)

of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse or F2surviving civil partner.

(2)

Subject to rules F33, 4 and 6, the surviving spouse or F4surviving civil partner is entitled—

(a)

to a special pension calculated in accordance with Part 1 of Schedule 2; and

(b)

subject to paragraph (5), to a gratuity.

(3)

Where the deceased died while serving as a F5regular or retained firefighter, the amount of the gratuity is the total of 25% of his average pensionable pay F6or his final pensionable pay or his final pay, as the case may be and the greater of—

(a)

as regards a surviving spouse F7or surviving civil partner—

(i)

his average pensionable pay or his final pensionable pay or his final pay, as the case may be; and

(ii)

two and a quarter times the amount of the pension that would have been payable under article 17 of F8the Firefighters’ Pension Scheme or article 12 of the New Firefighters’ Pension Scheme (ill-health award) F9or regulation 73 of the 2015 Regulations if on the date of his death he had retired on the ground of permanent disablement;

F10(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In any other case the amount of the gratuity is 25% of the deceased’s average pensionable pay F11or, F12his final pensionable pay or his final pay, as the case may be.

(5)

Where the deceased was entitled to an injury gratuity under rule 1 of Part 2 (injury award)—

(a)

if it was of the same or a larger amount, no gratuity is payable under this rule; and

(b)

if it was of a smaller amount, the gratuity under this rule shall be reduced by that amount.

Annotations

Textual amendments

F1: Words in Annex Scheme Pt. 3 rule 1(1) substituted (1.4.2015 with effect from 1.4.2006) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2)(3), Sch. 1 para. 3(2) (with art. 3)
F2: Words in Annex Scheme Pt. 3 rule 1(1) 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)(a)(i)
F3: Words in Annex Scheme Pt. 3 rule 1(2) substituted (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(a)(i) (with arts. 3, 4)
F4: Words in Annex Scheme Pt. 3 rule 1(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)(a)(i)
F5: Words in Annex Scheme Pt. 3 rule 1(3) substituted (1.4.2015 with effect from 1.4.2006) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2)(3), Sch. 1 para. 3(2) (with art. 3)
F6: Words in Annex Scheme Pt. 3 rule 1(3) 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(2)(a)(i)
F7: Words in Annex Scheme Pt. 3 rule 1(3)(a) inserted (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)(a)(ii)(aa)
F8: Words in Annex Scheme Pt. 3 rule 1(3)(a)(ii) substituted (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(a)(ii)(bb) (with arts. 3, 4)
F9: Words in Annex Scheme Pt. 3 rule 1(3)(a)(ii) inserted (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(2)(a)(ii)
F10: Annex Scheme Pt. 3 rule 1(3)(b) omitted (5.7.2024 with effect from 5.12.2005) by virtue of The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1)(2), 4(2)(a)(ii)(bb)
F11: Words in Annex Scheme Pt. 3 rule 1(4) 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(a)(iii) (with arts. 3, 4)
F12: Words in Annex Scheme Pt. 3 rule 1(4) 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(2)(b)

Commencement

I1: Annex Scheme Pt. 3 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)