The Pensions (Northern Ireland) Order 2005

Survivors who do not meet conditions for scheme benefits at assessment date N.I.

22.—(1) Compensation is payable in accordance with this paragraph where— N.I.

(a) a member of the scheme has died before the assessment date,

(b) as a result of that death, a pension, which is attributable to the member's pensionable service, is payable to that person's widow or widower or any other person ( “the survivor”) if conditions specified in the scheme rules are met, and

(c) the survivor first satisfies those conditions on or after that date.

(2) The survivor is entitled to periodic compensation in respect of that pension ( “the pension”)—

(a) commencing if, and when, the pension would have become payable under the admissible rules, and

(b) continuing until such time as entitlement to the pension would have ceased under the admissible rules.

(3) The annual rate of the periodic compensation is 100% of the aggregate of—

(a) the initial rate of the pension which would have been payable in accordance with the admissible rules had the conditions mentioned in sub-paragraph (1)(c) been satisfied, immediately before the assessment date, and

(b) any increases under paragraph 28 (annual increases in periodic compensation).

(4) This paragraph is subject to paragraph 30 (power of Department to change percentage rates by order).