Paragraph 78 Guaranteed minimum pensionsI1

Northern Ireland

(1)

This article applies where a person who is or has been a regular firefighter has a guaranteed minimum in relation to a pension provided by this Scheme by reason of service before 6^th April 1997 which is contracted-out employment by reference to the Scheme.

(2)

Subject to paragraphs (3) to (7)—

(a)

the person is entitled from the date on which he attains state pensionable age to a pension at a weekly rate equal to his guaranteed minimum;

(b)

in the case of a man who dies at any time and leaves a widow or civil partner, that widow or civil partner is entitled to a pension at a weekly rate equal to half his guaranteed minimum; and

(c)

in the case of a woman who dies at any time and leaves a widower or civil partner, that widower or civil partner is entitled to a pension at a weekly rate equal to half of that part of the deceased’s guaranteed minimum which is attributable to earnings factors for the tax year 1988-89 and subsequent tax years up to and including the tax year 1996-1997.

(3)

A pension to which a person is entitled under paragraph (2)(a) is not payable for any period within 5 years after his attaining state pensionable age during which—

(a)

he is continuing to serve as a regular firefighter; or

(b)

a decision under article 83 (withdrawal of pension during employment as regular firefighter) taken by the Board before he attained state pensionable age has effect.

(4)

An entitlement to a pension under paragraph (2)(b) or (c) ceases if the person entitled remarries or forms a civil partnership before attaining state pensionable age.

(5)

Where a person is entitled to a pension under any other provision of this Scheme—

(a)

a pension under paragraph (2) is payable only if it is greater than the other pension, disregarding any secured portion; and

(b)

if a pension under paragraph (2) is paid, only the secured portion, if any, of the other pension is payable.

(6)

For the purposes of paragraph (5), a pension includes any increase in it under the Pensions (Increase) Act (Northern Ireland) 1971^f1.

(7)

In relation to a pension under paragraph (2)—

(a)

article 19 (commutation of small pensions) applies as it applies in relation to a pension under Part B; and

(b)

article 84 (withdrawal of pension on conviction of certain offences) applies as it applies in relation to a pension under Part B or C but as if article 84(2)(b) were omitted.

(8)

A pension under paragraph (2) shall not be reduced or extinguished except as provided in this article.

Paragraph 78 Guaranteed minimum pensionsI1

Annotations

Commencement

Footnotes