Paragraph 44 Flat-rate awardsI1

Northern Ireland

(1)

This article applies where an election has effect under—

(a)

paragraph 2 of Part I of Schedule 3 (spouse’s or civil partner’s ordinary pension); or

(b)

paragraph 3 of Part III of Schedule 3 (spouse’s or civil partner’s accrued pension); or

(c)

paragraph 3 of Part I of Schedule 4 (child’s ordinary allowance); or

(d)

paragraph 3 of Part I of Schedule 4 as applied by Part II of that Schedule (child’s accrued allowance).

(2)

Subject to paragraph (4), where paragraph (1)(a) or (b) applies and the deceased retired before 1st July 2006, the amount of the pension is—

(a)

if the deceased’s last rank was not higher than sub-officer (“Case A”); £379.78;

(b)

if it was higher than sub-officer but not higher than divisional officer (Grade 1) (“Case B”), £494.54; and

(c)

if it was higher than divisional officer (Grade 1) (“Case C”), £594.18,

increased in each case, in accordance with paragraph (8).

(3)

Subject to paragraph(4), where paragraph (1)(a) or (b) applies and the deceased retired on or after 1st July 2006, the amount of that pension is—

(a)

if his last role was not higher than Watch Manager A (“Case A”), £379.78;

(b)

if his last role was higher than Watch Manager A but not higher than Area Manager A (“Case B”), £494.54; and

(c)

in any other case (“Case C”), £594.18,

increased, in each case, in accordance with paragraph (8).

(4)

Where—

(a)

paragraph (1)(a) applies and the deceased was entitled to reckon at least 10 years’ pensionable service; or

(b)

paragraph (1)(b) applies and the deceased ceased to serve as a regular firefighter after 5th April 1975 and would, had he continued to serve until he could have been required to retire on account of age, have become entitled to reckon at least 10 years’ pensionable service,

the amount specified in, as the case may be, paragraph (2)(a), (b) or (c), or (3)(a), (b) or (c) is increased by £29.91.

(5)

Where paragraph (1)(c) or (d) applies and one of the child’s parents is alive, the amount of the allowance is—

(a)

in Case A, £107.99;

(b)

in Case B, £127.29; and

(c)

in Case C, £157.02,

increased, in each case, in accordance with paragraph (8).

(6)

Subject to paragraph (7), where paragraph (1)(c) or (1)(d) applies and neither of the child’s parents is alive, the amount of the allowance is—

(a)

in Case A, £159.11;

(b)

in Case B, £188.84; and

(c)

in Case C, £233.19,

increased, in each case, in accordance with paragraph (8).

(7)

The Board may in any particular case from time to time determine to substitute for the amount specified in paragraph (5)(a), (b) or (c) a higher amount not exceeding—

(a)

in Case A, £209.19;

(b)

in Case B, £249.88; and

(c)

in Case C, £311.44.

(8)

An amount arrived at under paragraphs (2) to (7) (“the basic rate”) shall be increased to an amount equal to the annual rate (rounded up to the nearest penny) at which the pension or allowance would for the time being be payable if it had been an official pension, within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971 (“the 1971 Act”), which began, and first qualified for increases under the 1971 Act, on 30th June 1978 and was then payable at the basic rate.

(9)

In calculating an increased amount under paragraph (8) any increase that would have occurred under the 1971 Act in respect of a period beginning before 12th November 1979 shall be disregarded.

(10)

If the deceased was a pension debit member, this article has effect as if the sums referred to in paragraph (2)(a), (b) and (c) or (3)(a), (3)(b)or (c) were reduced in the same proportion as the member’s rights are reduced by virtue of Article 28 of the 1999 Order.

Annotations

Commencement

I1: ANNEX Scheme Pt. E art. 44 in operation at 1.4.2006, see art. 1(2)