# The Firefighters’ Pension Scheme Order (Northern Ireland) 2007, Paragraph 78: Guaranteed minimum pensions

Extent: N.I.

(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.
(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.
(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.

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Source: https://www.legislation.gov.uk/nisr/2007/144/schedule/ANNEX/paragraph/78 (the official version)
Page: https://openlegislation.uk/firefighters-pension-scheme-order-northern-ireland-2007/schedule-ANNEX/paragraph-78
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.