The Social Security (Jersey and Guernsey) Order (Northern Ireland) 1994

ARTICLE 18 Pro-rata Pensions

(1) Subject to Articles 17 and 19 to 21, this Article shall apply to determine a person’s entitlement to retirement pension, including any increase for dependents, under the legislation of any Party.

(2) In accordance with Article 12, the competent authority of any Party shall determine:

(a) the amount of the theoretical pension which would be payable if all the relevant insurance periods completed under the legislation of all Parties had been completed under its own legislation;

(b) the proportion of such theoretical pension which bears the same relation to the whole as the total of the insurance periods completed under the legislation of that Party bears to the total of all the relevant insurance periods completed under the legislation of all Parties.

• The proportionate amount thus calculated shall be the rate of pension actually payable by the competent authority.

(3) For the purpose of the calculation in paragraph (2), where all the insurance periods completed by any person under the legislation of—

(a) the United Kingdom amount to less than one reckonable year or, as the case may be, one qualifying year, or relate only to periods before 6 April 1975 and in aggregate amount to less than 50 weeks, or

(b) Jersey amount to less than an annual contribution factor of 1.00, or

(c) Guernsey amount to less than 50 weeks, those periods shall be treated in accordance with paragraph (4).

(4) Insurance periods under paragraph (3) shall be treated as follows:

(a) as if they had been completed under the legislation of any Party under which a pension is, or if such periods are taken into account, would be, payable, or

(b) where a pension is, or would be, payable under the legislation of two or more Parties as if they had been completed under the legislation of that Party which, at the date on which entitlement first arose or arises, is paying, or would pay, the greater, or greatest, amount.

(5) Where no pension is, or would be, payable under paragraph (4), insurance periods under paragraph (3) shall be disregarded.

(6) Any increase of benefit payable under the legislation of the United Kingdom because of deferred retirement or deferred entitlement shall be based on the amount of the pro-rata pension calculated in accordance with this Article.