OpenLegislation

Regulation G6 Pensioner’s children’s long-term pensionF1I1

Northern Ireland

(1)

Subject to paragraph (4), where a person who—

(a)

was entitled to receive payments in respect of a retirement pension (other than a pension sole entitlement to which is under regulation D16 or a pension under regulation D18), or

(b)

would have been so entitled but for the operation of regulation H6 F2or, as the case may be, regulation 52 of the 2002 Regulations (commutation in exceptional circumstances of ill-health) or Part I of Schedule D5 F3or, as the case may be, regulation 113 (abatement) of the 2002 Regulations (re-employed pensioners),

dies leaving one or more eligible children, they are entitled until they cease to be children to or to the benefit of a children’s long-term pension payable from the death.

(2)

Subject to regulations G9 and G10, the annual amount of a children’s long-term pension is the appropriate fraction (within the meaning of regulation G3(3)) of the deceased person’s retirement pension F4which if the deceased person was a pension debit member, is calculated by reference to the retirement pension to which the deceased would have been entitled had his shareable rights not been subject to a pension debit.

(3)

Subject to regulation G9, for the purposes of paragraph (2) the retirement pension of a person who is entitled at the time of his death to receive payments in respect of a retirement pension (or would have been so entitled apart from regulation H6 F5or, as the case may be, regulation 52 of the 2002 Regulations or Part I of Schedule D5 F6or, as the case may be, regulation 113 (abatement) of the 2002 Regulations) shall be taken to be the retirement pension that would have been payable on the assumption that no payment under regulation H6 had been made and on the relevant assumptions (within the meaning of regulation G3(5)).

(4)

In a case where a children’s short-term pension is payable under regulation G7, the children’s long-term pension does not become payable until the expiry of the period in respect of which that pension is payable under that regulation (or would be so payable if it were not for payment being suspended under regulation G8(2)).

Annotations

Textual amendments

F1

Regulations revoked (1.4.2015) by The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/189), regs. 1(1), 2, Sch. 2 (with savings and transitional provisions in reg. 3, Sch. 5)

F2

Words in reg. G6(1)(b) inserted (1.2.2003) by Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002 (S.R. 2002/353), reg. 1(1), Sch. 4 para. 19(a) (with Sch. 5)

F3

Words in reg. G6(1)(b) inserted (1.2.2003) by Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002 (S.R. 2002/353), reg. 1(1), Sch. 4 para. 19(b) (with Sch. 5)

F4

Words in reg. G6(2) inserted (with effect from 1.12.2000) by Local Government Pension Scheme (Pension Sharing on Divorce) Regulations (Northern Ireland) 2001 (S.R. 2001/61), reg. 1(2), Sch. para. 5

F5

Words in reg. G6(3) inserted (1.2.2003) by Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002 (S.R. 2002/353), reg. 1(1), Sch. 4 para. 19(a) (with Sch. 5)

F6

Words in reg. G6(3) inserted (1.2.2003) by Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002 (S.R. 2002/353), reg. 1(1), Sch. 4 para. 19(b) (with Sch. 5)

Commencement

I1

Reg. G6 in operation at 1.8.2000, see reg. A1(1)