Paragraph 25 Spouse’s or civil partner’s ordinary pensionI1

Northern Ireland

(1)

This article applies where a person entitled to reckon at least 2 years’ pensionable service dies, leaving a surviving spouse or civil partner—

(a)

while serving as a regular firefighter unless an election under article 59 not to pay pension contributions had effect at the time of his death; or

(b)

while in receipt of an ordinary, short service or ill-health pension; or

(c)

while in receipt of an injury pension under the Compensation Scheme, if he has been but no longer is in receipt both of that pension and of an ill-health pension; or

(d)

in consequence of an injury on account of which he retired from service as a regular firefighter with an ill-health gratuity, if he has not since had any period of such service.

(2)

Where this article applies the surviving spouse or civil partner is entitled to an ordinary pension calculated, subject to Part I of Schedule 9 (Spouse’s or civil partner’s awards), in accordance with Part I of Schedule 3.

(3)

The surviving civil partner is entitled to an ordinary pension of such amount as bears to the ordinary pension to which he would have been entitled had he been the deceased’s surviving spouse (calculated in accordance with Part I of Schedule 3), the same proportion that the deceased’s service after 5th April 1988 bears to the whole of his pensionable service.

Annotations

Commencement

I1: ANNEX Scheme Pt. C art. 25 in operation at 1.4.2006 with effect in accordance with art. 1(2)(a), seeart. 1(2)