Paragraph 64 Effect of payment for increased benefitsI1

Northern Ireland

(1)

Where a person has paid a lump sum, or begun paying periodical contributions, in accordance with an election under article 62—

(a)

if he becomes entitled to a pension under article 13, 14, 15 or 16 (ordinary, short-service, ill-health and deferred pensions) the amount of the pension, before any commutation under article 18, shall be increased by the appropriate amount; and

(b)

awards mentioned in paragraph 2(2), 3(2), 4 and 5 of Part III of Schedule 7 shall be increased in accordance with that Part.

(2)

Subject to paragraph (3), where the person—

(a)

dies while serving as a regular firefighter; or

(b)

retires with an ill-health pension; or

(c)

retires on or after his normal pension age,

the appropriate amount is the number of sixtieths of his average pensionable pay specified in the election.

(3)

If the person had begun paying periodical contributions and—

(a)

payment of those contributions had at any time been discontinued under article 63(3); or

(b)

he had made and subsequently cancelled an election under article 59,

the appropriate amount is the amount described in paragraph 1 of Part II of Schedule 7.

(4)

Where on—

(a)

ceasing to be a member of the fire and rescue service in circumstances not falling within paragraph (2); or

(b)

making an election under article 59 which is not subsequently cancelled,

the person does not become entitled to the repayment of his aggregate pension contributions, the appropriate amount is to be ascertained from paragraphs (5) and (6).

(5)

Subject to paragraph (6)—

(a)

if he had paid a lump sum, the appropriate amount is the number of sixtieths of his average pensionable pay specified in the election; and

(b)

if he had begun paying periodical contributions, the appropriate amount is the amount described in paragraph 2 of Part II of Schedule 7.

(6)

Where he retires with an ordinary pension before his normal pension age, the appropriate amount is the amount specified in paragraph (5)(a) or (b) reduced by the actuarial valuation described in paragraph 3 of Part II of Schedule 7.

Annotations

Commencement

I1: ANNEX Scheme Pt. G art. 64 in operation at 1.4.2006, see art. 1(2)