{
  "url": "https://openlegislation.uk/firefighters-pension-scheme-order-northern-ireland-2007/schedule-ANNEX/paragraph-78",
  "json_url": "https://openlegislation.uk/firefighters-pension-scheme-order-northern-ireland-2007/schedule-ANNEX/paragraph-78.json",
  "legislation": "nisr/2007/144",
  "legislation_title": "The Firefighters’ Pension Scheme Order (Northern Ireland) 2007",
  "legislation_url": "https://openlegislation.uk/firefighters-pension-scheme-order-northern-ireland-2007",
  "path": "schedule/ANNEX/paragraph/78",
  "kind": "paragraph",
  "number": "78",
  "heading": "Guaranteed minimum pensions",
  "text": "(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 6th April 1997 which is contracted-out employment by reference to the Scheme.\n(2) Subject to paragraphs (3) to (7)—\n(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;\n(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\n(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.\n(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—\n(a) he is continuing to serve as a regular firefighter; or\n(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.\n(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.\n(5) Where a person is entitled to a pension under any other provision of this Scheme—\n(a) a pension under paragraph (2) is payable only if it is greater than the other pension, disregarding any secured portion; and\n(b) if a pension under paragraph (2) is paid, only the secured portion, if any, of the other pension is payable.\n(6) For the purposes of paragraph (5), a pension includes any increase in it under the Pensions (Increase) Act (Northern Ireland) 1971.\n(7) In relation to a pension under paragraph (2)—\n(a) article 19 (commutation of small pensions) applies as it applies in relation to a pension under Part B; and\n(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.\n(8) A pension under paragraph (2) shall not be reduced or extinguished except as provided in this article.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "ANNEX Scheme Pt. K art. 78 in operation at 1.4.2006, see art. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1971 c.35(N.I.)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2007/144/schedule/ANNEX/paragraph/78",
    "retrieved_at": "2026-10-29T01:41:56.968954+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}