OpenLegislation

Paragraph 1 I1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph 2, the amount of an ordinary pension is the greater of—

(a)

half the amount of the base pension described in sub-paragraph (2); and

(b)

the amount of a requisite benefit pension calculated in accordance with Part V.

(2)

The base pension mentioned in sub-paragraph (1)(a) is—

(a)

where article 25(1)(a) applies, the higher tier ill-health pension to which the deceased would have been entitled had he retired with such a pension immediately before he died;

(b)

where article 25(1)(b) applies, the ordinary, short service or ill-health pension the deceased was receiving;

(c)

where article 25(1)(c) applies, the ill-health pension which the deceased would have been receiving if he had not ceased to be entitled to it; and

(d)

where article 25(1)(d) applies, the ill-health pension to which the deceased would have been entitled had he retired in circumstances entitling him to such a pension,

disregarding, in each case, the provisions for reduction contained in article 18(10) (commutation), article 20(9) (allocation) and Parts VI and VII of Schedule 2 (reduction of pension at state pensionable age and related to up-rating of widow’s pensions) but taking into account the provisions of Part IV of Schedule 2 (calculation of awards for part-time service).

Annotations

Commencement

I1

Sch. 3 Pt. 1 para. 1 in operation at 1.4.2006, see art. 1(2)