Paragraph 25 Amount of survivor’s pension: special casesI1

Northern Ireland

(1)

Subject to paragraph (2), where the person entitled to a survivor’s pension under article 23 is more than twelve years younger than the deceased on the day on which he dies, a reduction of 2.5 per cent F1for each year by which the deceased’s age exceeds, by more than twelve years, that of the survivor, shall be applied to the article 24 amount.

(2)

Where the application of paragraph (1) would result in the payment of a survivor’s pension of less than 50 per cent of the article 24 amount, the survivor’s pension shall be 50 per cent of the article 24 amount.

(3)

Where—

(a)

a pension debit member satisfies an eligibility condition F2or, in the case of a special member, satisfies a special eligibility condition and dies while employed by the Board;

(b)

a survivor’s pension is payable under article 23 on his death; and

(c)

a pension sharing order or, in the case of a surviving civil partner, an order to similar effect, had effect on the day on which the pension debit member died,

the amount of the survivor’s pension shall be ascertained with regard to the terms of that order.

(4)

In paragraphs (1) and (2), “the article 24 amount” means the amount that would have been ascertained in accordance with article 24 if that article were not subject to paragraphs (1) and (3) of this article.

(5)

For the purposes of paragraph (1), a part of a year shall be treated as a whole year.

Annotations

Textual amendments

F1: Words in Annex Scheme art. 25(1) substituted (1.4.2015) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(2), Sch. para. 4(4)(a)
F2: Words in Annex Scheme art. 25(3) inserted (1.4.2015) by The New Firefighters' Pension Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/9), art. 1(2), Sch. para. 4(4)(b)

Commencement

I1: ANNEX Scheme art. 25 in operation at 30.3.2007 (with effect in accordance with art. 2(1)), see art. 2(1)

Notes on Chapter 1

Textual amendments

F1: Words in Annex Scheme Pt. 4 Ch. 1 heading substituted (5.7.2024 with effect from 6.4.2006) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1)(3), 3(5)(a)