The Firemen’s Pension Scheme Order (Northern Ireland) 2006

Guaranteed minimum pensions

89.—(1) This article applies where a person who is or has been a regular fireman has a guaranteed minimum in relation to a pension provided by this Scheme by reason of service before 6^th April 1997 which is contracted-out employment by reference to the Scheme.

(2) Subject to paragraphs (3) to (7)—

(a) the person is entitled from the date on which he attains state pensionable age to a pension at a weekly rate equal to his guaranteed minimum;

(b) in the case of a man who dies at any time and leaves a widow or civil partner, that widow or civil partner is entitled to a pension at a weekly rate equal to half his guaranteed minimum; and

(c) in the case of a woman who dies at any time and leaves a widower or civil partner, that widower or civil partner is entitled to a pension at a weekly rate equal to half of that part of the deceased’s guaranteed minimum which is attributable to earnings factors for the tax year 1988-89 and subsequent tax years up to and including the tax year 1996-1997.

(3) A pension to which a person is entitled under paragraph (2)(a) is not payable for any period within 5 years after his attaining state pensionable age during which—

(a) he is continuing to serve as a regular fireman; or

(b) a decision under article 97 (withdrawal of pension during employment as regular fireman) taken by the Authority before he attained state pensionable age has effect.

(4) An entitlement to a pension under paragraph (2)(b) or (c) ceases if the person entitled remarries or forms a civil partnership before attaining state pensionable age.

(5) Where a person is entitled to a pension under any other provision of this Scheme—

(a) a pension under paragraph (2) is payable only if it is greater than the other pension, disregarding any secured portion; and

(b) if a pension under paragraph (2) is paid, only the secured portion, if any, of the other pension is payable.

(6) For the purposes of paragraph (5)—

(a) a pension includes any increase in it under the Pensions (Increase) Act (Northern Ireland) 1971(1); and

(b) in the case of a person entitled to both an injury pension and either an ill-health, ordinary, short service or deferred pension, those pensions shall be treated as one.

(7) In relation to a pension under paragraph (2)—

(a) article 22 (commutation of small pensions) applies as it applies in relation to a pension under Part B; and

(b) article 98 (withdrawal of pension on conviction of certain offences) applies as it applies in relation to a pension under Part B or C but as if article 98(2)(b) were omitted.

(8) A pension under paragraph (2) shall not be reduced or extinguished except as provided in this article.

(1)

1971 c. 35(N.I.)