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Local Government (Superannuation) Regulations (Northern Ireland) 1992

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Amounts of widow’s short-term and long-term pensions

E6.—(1) Subject to paragraphs (3) to (5), the annual rate of a widow’s short-term pension is—

(a)where regulation E5(1)(a) or (b) applies and any new employment for the purposes of regulation E13 (re-employed pensioners) was not a local government employment, the annual rate of her husband’s retirement pension immediately before the date of his death, disregarding any reduction under regulation E13;

(b)where regulation E5(1)(c) applies and the local government employment was not a new employment for the purposes of regulation E13, a rate equal to his pensionable remuneration; and

(c)where regulation E5(1)(c) applies and the local government employment was such a new employment, a rate equal—

(i)if the retirement pension was not reduced under regulation E13, to the total of his pensionable remuneration in the new employment and the annual rate of the retirement pension; or

(ii)if the retirement pension was so reduced, to the total of his pensionable remuneration in the new employment and the annual rate, if any, at which the retirement pension was payable.

(2) Subject to paragraphs (3) to (5), the annual rate of a widow’s long-term pension is—

(a)where paragraph (1)(a) applies, half the annual rate of her husband’s retirement pension immediately before the date of his death;

(b)where paragraph (1)(b) applies by virtue of regulation E5(1)(c)(i), half the annual rate of the retirement pension to which her husband would have been entitled if on the date of his death he had become entitled under regulation E2(1)(b)(i) (permanent ill-health, etc.);

(c)where paragraph (1)(b) applies by virtue of regulation E5(1)(c)(ii), half the annual rate of the retirement pension to which her husband would have been entitled if on the date of his death he had become entitled under regulation E2(1)(e);

(d)where paragraph (1)(c) applies, the greater of—

(i)the total of half the annual rate of her husband’s retirement pension and half the annual rate of the retirement pension to which he would have been entitled in respect of the new employment if on the date of his death he had become entitled under regulation E2(1)(b)(i); and

(ii)half the annual rate of the retirement pension to which he would have been entitled if on the date of his death he had become entitled under regulation E2(1)(b)(i) and notice had been given under regulation E14; and

(e)where regulation E5(2) applies, half the annual rate of the retirement pension to which her husband would have been entitled if on the date of his death he had become entitled under regulation E2(1)(b)(ii).

(3) For the purposes of paragraph (2)—

(a)the retirement pension mentioned in paragraph (2)(a) is to be taken to be the pension that would have been payable but for—

(i)any increase under regulation E3(2) (certain cases where additional service is reckonable);

(ii)any reduction under regulations E3(11) (early payments) or E13 or E28 (National Insurance); and

(iii)any surrender under regulation E17; and

(b)any retirement pension mentioned in paragraph (2)(b) or (d) is to be taken to be the pension that would have been payable but for any surrender under regulation E17, and if the pension would have been increased under regulation E3(2) or reduced under regulation E28 no account is to be taken of that increase or reduction.

(4) Where regulation E5(5) (post-retirement marriages) applies—

(a)the references in paragraphs (1)(a), (2)(a), (c), (d) and (e), and the second reference in paragraph (1)(c)(i), to the retirement pension are to be construed as references to, and

(b)for the purposes of paragraph (1)(c)(ii), any annual rate at which the retirement pension was payable is to be taken not to have exceeded the rate of,

the part of the pension attributable to the whole period of his service in respect of which the pension was payable which was in contracted-out employment.

(5) If greater than the annual rate calculated in accordance with paragraphs (1) to (4), the annual rate of a widow’s pension is the rate obtained by multiplying 1/160th of her husband’s pensionable remuneration by the length in years of the whole period of his service which was in contracted-out employment.

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