Paragraph 3 I1
Northern Ireland
(1)
Subject to sub-paragraphs (2) and (3), for any period in respect of which a surviving spouse or civil partner so elects, the amount of the accrued pension shall be calculated in accordance not with paragraphs 1 and 2 but with article 44 (flat rate award).
(2)
This paragraph does not apply where the pensionable service reckonable in calculating the deceased’s deferred pension was—
(a)
if he became entitled to the pension before 6th April 1988, less than 5 years; and
(b)
in any other case, less than 2 years.
(3)
This paragraph does not apply where an election made by the deceased under article 59 had effect at the time of his death.
Annotations
Commencement
- I1
Sch. 3 Pt. 2 para. 3 in operation at 1.4.2006, see art. 1(2)