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Paragraph 18

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies where—

(a)

the deferred member dies on or after the assessment date, and

(b)

the pension was attributable to the deferred member's pensionable service.

(2)

Subject to sub-paragraph (4), the widow or widower of the deferred member is entitled to periodic compensation commencing on the day following the deferred member's death and continuing for life.

(3)

The annual rate of the periodic compensation at any time is—

(a)

where the deferred member died after attaining normal pension age, half of the annual rate of the periodic compensation (including F1any actuarial increase under paragraph 25A and any increases under paragraph 28) to which the deferred member would at that time have been entitled under paragraph 15 in respect of the pension had the member not died,

(b)

where the deferred member died before attaining normal pension age, half of the annual rate of the periodic compensation (including any increases under paragraph 28) to which the deferred member would have been entitled at that time under paragraph 15 if—

(i)

normal pension age had been the deferred member's actual age immediately before the date of the deferred member's death, and

(ii)

the deferred member had not died.

F2(assuming commencement of the periodic compensation was not postponed by virtue of paragraph 25A).

F3(3ZA)

For the purposes of sub-paragraph (3)(a), if on the day the deferred member (“D”) died commencement of D's periodic compensation under paragraph 15 was postponed by virtue of paragraph 25A, assume that the periodic compensation commenced immediately before the date of D's death.

F4(3A)

For the purposes of this paragraph, a person's entitlement under paragraph 15 is to be determined disregarding paragraph 25E(1)(b) (successful applicant for terminal illness lump sum loses entitlement to periodic compensation).

(4)

The deferred member's widow or widower is not entitled to periodic compensation under this paragraph in such circumstances as may be prescribed.

(5)

In this paragraph “the deferred member” and “the pension” are to be construed in accordance with paragraph 15.

Annotations

Textual amendments

F1

Words in Sch. 6 para. 18(3)(a) inserted (27.3.2013) by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 24(4)(a); S.R. 2013/83, art. 2(b)(ii)

F2

Words in Sch. 6 para. 18(3)(b) inserted (27.3.2013) by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 24(4)(b); S.R. 2013/83, art. 2(b)(ii)

F3

Sch. 6 para. 18(3ZA) inserted (27.3.2013) by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 24(4)(c); S.R. 2013/83, art. 2(b)(ii)

F4

Sch. 6 para. 18(3A) inserted (1.4.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 100, 118(1), Sch. 6 para. 8; S.R. 2009/147, art. 2(a)(i)(b)

Notes on Schedule 6

Textual amendments

F1

mod. by SR 2005/171

Modifications

C1

Sch. 6 modified (1.8.2006) by Pension Protection Fund (Pension Sharing) Regulations (Northern Ireland) 2006 (S.R. 2006/282), reg. 3(2)

C2

Sch. 6 modified by S.R. 2005/149, reg. 13A (as inserted (1.4.2009) by Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/78), reg. 4)

C3

Sch. 6 modified by S.R. 2005/149, reg. 024(02) (as added (6.4.2010) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/80), regs. 1(b), 4(4))

C4

Sch. 6 modified by S.R. 2005/149, reg. 23(2) (as substituted (24.7.2014) by The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/204), regs. 1(1), 59(4)(c))

C5

Sch. 6 modified by S.R. 2005/149 reg. 27(2) (as added (24.2.2018) by The Pension Protection Fund (Compensation) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/26), regs. 1, 2(6))

C6

Sch. 6 modified by S.R. 2005/149 reg. 28(1) (as added (2.10.2018) by The Pension Protection Fund (Pensionable Service) and Occupational Pension Schemes (Investment and Disclosure) (Amendment and Modification) Regulations (Northern Ireland) 2018 (S.R. 2018/165), regs. 1(2), 2(3))