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

SCHEDULE 3 AWARDS ON DEATH – SPOUSES OR CIVIL PARTNERS

Articles 28(2) and 52(1)

PART I SPOUSE'S OR CIVIL PARTNER'S ORDINARY PENSION

1.—(1) Subject to paragraph 2, the amount of an ordinary pension is the greater of—

(a) half the amount of the base pension described in sub-paragraph (2); and

(b) the amount of a requisite benefit pension calculated in accordance with Part V.

(2) The base pension mentioned in sub-paragraph (1)(a) is—

(a) where article 28(1)(a) applies, the ill-health pension to which the deceased would have been entitled had he retired with such a pension immediately before he died;

(b) where article 28(1)(b) applies, the ordinary, short service or ill-health pension the deceased was receiving;

(c) where article 28(1)(c) applies, the ill-health pension which the deceased would have been receiving if he had not ceased to be entitled to it; and

(d) where article 28(1)(d) applies, the ill-health pension to which the deceased would have been entitled had he retired in circumstances entitling him to such a pension,

disregarding, in each case, the provisions for reduction contained in article 21(9) (commutation), article 23(11) (allocation) and Parts VIII and IX of Schedule 2 (reduction of pension at state pensionable age and related to up-rating of widow’s pensions) but taking into account the provisions of Part IV of Schedule 2 (calculation of awards for part-time service).

2.  For any period in respect of which the surviving spouse or civil partner so elects, the amount of the ordinary pension shall be calculated in accordance not with paragraph 1 but with article 52 (flat-rate award).

Articles 29(2)and 30(4)

PART II SPOUSE'S OR CIVIL PARTNER'S SPECIAL PENSION

1.  Subject to paragraph 2, the weekly amount of a special pension is 45% of the deceased’s average pensionable pay for a week.

2.—(1) Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount of special pension shall be calculated using the formula in paragraph 2 of Part IV of Schedule 2.

(2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted “A is the amount calculated under paragraph 1 of Part II of Schedule 3 if the average pensionable pay was the pay the deceased would have received if he had been a whole-time member of the fire brigade.”.

Article 31(3) and 52(1)

PART III SPOUSE'S OR CIVIL PARTNER'S ACCRUED PENSION

1.—(1) For the purposes of this Part, half-rate service comprises—

(a) pensionable service reckonable by virtue of service as a regular fireman after 31st March 1972;

(b) pensionable service reckonable by virtue of article 62 (receipt of transfer value);

(c) pensionable service reckonable by virtue of article 83;

(d) any period of pensionable service of less than a year taken into account in making any calculation required as a result of an election under Article 52(3) of the 1973 Scheme or in calculating a reduction in pension under paragraph 3 of Part IX of Schedule 2;

(e) the appropriate fraction of any longer period taken into account in calculating such a reduction;

(f) the appropriate fraction of any pensionable service taken into account in calculating further contributions payable pursuant to an election under Article 52(3) of the 1973 Scheme which the deceased was continuing to pay as required by article 69 immediately before he retired; and—

(g) any pensionable service taken into account in calculating a further payment by way of a lump sum made by him pursuant to an election under Article 53 of the 1973 Scheme.

(2) For the purposes of this Part, mixed-rate service comprises—

(a) pensionable service reckonable by virtue of service as a regular fireman in respect of which the deceased paid contributions at a rate related to 6% of his pensionable pay;

(b) pensionable service falling within sub-paragraph (1)(a) to (c);

(c) any period of pensionable service of less than a year taken into account in making any calculation required as a result of an election under Article 52(2), or of one the effect of which was preserved by Article 51, of the 1973 Scheme, or in calculating a reduction in pension under paragraph 2 of Part IX of Schedule 2;

(d) the appropriate fraction of any longer period taken into account in calculating such a reduction;

(e) the appropriate fraction of any pensionable service taken into account in calculating additional contributions payable pursuant to an election under Article 52(2), or to one the effect of which was preserved by Article 51, of the 1973 Scheme which the deceased was continuing to pay as required by article 69 immediately before he died; and

(f) any pensionable service taken into account in calculating an additional payment by way of a lump sum made by him pursuant to an election under Article 53(3) of the 1973 Scheme.

(3) For pensionable service falling within sub-paragraph (1)(e) or sub-paragraph (2)(d) the appropriate fraction is—

where—

• A is the period of the deceased’s actual service after the material date, and

• B is the period of actual service he would have had if (irrespective of the date of his death) he had not retired until entitled to an ordinary pension, or until he could have been required to retire on account of age, whichever is the earlier.

(4) The material date is—

(a) for the purposes of sub-paragraph (1)(e), 31st March 1972; and

(b) for the purposes of sub-paragraph (2)(d), 25th August 1966.

(5) For pensionable service falling within sub-paragraph (1)(f) or (2)(e) the appropriate fraction is—

where—

• C is the period during which the contributions were paid, and

• D is the period specified in sub-paragraph (6).

(6) The period is the greater of—

(a) 5 years; and

(b) 25 years less the period of pensionable service the deceased was entitled to reckon on the relevant date.

(7) The relevant date is—

(a) where the deceased last served as a regular fireman before lst October 1978, the date on which he elected to pay the contributions; and

(b) in any other case, the date from which the contributions became payable.

(8) The periods mentioned in sub-paragraphs (3) and (6)(b) are to be counted in complete years and months.

2.—(1) Subject to sub-paragraph (3), the amount of the surviving spouse’s or civil partner’s accrued pension is the total of—

(a) 1/6th of the deceased’s deferred pension multiplied by the appropriate fraction of his half-rate service; and

(b) 1/3rd of his deferred pension multiplied by the appropriate fraction of his mixed-rate service.

(2) The appropriate fraction is—

where—

• A is the deceased’s half-rate or, as the case may be, mixed rate service, and

• B is all the pensionable service he was entitled to reckon.

(3) In calculating the deceased’s deferred pension for the purposes of this paragraph account shall be taken of Part IV of Schedule 2 (calculation of awards for part-time service), but no account shall be taken of—

(a) article 19(5) (restriction on payment); or

(b) article 21(9) or 23(11) or Part VIII or IX of Schedule 2 (reduction in various circumstances).

3.—(1) Subject to sub-paragraphs (2) and (3), for any period in respect of which a surviving spouse or civil partner so elects, the amount of the accrued pension shall be calculated in accordance not with paragraphs 1 and 2 but with article 52 (flat rate award).

(2) This paragraph does not apply where the pensionable service reckonable in calculating the deceased’s deferred pension was—

(a) if he became entitled to the pension before 6th April 1988, less than 5 years; and

(b) in any other case, less than 2 years.

(3) This paragraph does not apply where an election made by the deceased under article 68 had effect at the time of his death.

Article 32(2)

PART IV PENSION FOR SURVIVING SPOUSE OR CIVIL PARTNER OF POST-RETIREMENT MARRIAGE OR CIVIL PARTNERSHIP

1.—(1) Where the surviving spouse or civil partner would otherwise have been entitled to an ordinary pension under article 28 or a special award under article 29, the amount of the pension under article 32 shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Part I in the same way as that of an ordinary pension.

(2) For the purposes of this paragraph, paragraph 1 of Part I has effect—

(a) as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension; and

(b) where the surviving spouse or civil partner would otherwise have been entitled to a special award under article 29, as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

2.—(1) Where the surviving spouse or civil partner would otherwise have been entitled to an accrued pension under article 31, the amount of the pension under article 32 shall, subject to sub-paragraph (2), be calculated in accordance with Part III in the same way as that of an accrued pension.

(2) For the purposes of this paragraph, paragraph 2 of Part III has effect as if references to the deceased’s deferred pension were references to the greater of—

(a) the appropriate proportion of the deferred pension; and

(b) subject to paragraph (3), 1/160th of the deceased’s average pensionable pay multiplied by the period in years of so much of his pensionable service as is reckonable by virtue of service or employment after 5th April 1978 (his “relevant pensionable service”).

(3) Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount at sub-paragraph (2)(b) shall be calculated using the formula in paragraph 2 of Part IV of Schedule 2.

(4) In making the calculation mentioned in sub-paragraph (3), for the value of A there shall be substituted “A is the amount calculated under paragraph 2(2)(b) of Part IV of Schedule 3 if the average pensionable pay was the pay the deceased would have received had he been a whole-time member of the fire brigade” and in relation to B, C and D only pensionable service after 5^th April 1978 shall be counted.

3.  The appropriate proportion mentioned in paragraphs 1 and 2 is the proportion which the deceased’s relevant pensionable service bears to his total pensionable service.

Articles 33(4) and 35(2)

PART V SPOUSE'S OR CIVIL PARTNER'S REQUISITE BENEFIT PENSION

1.  Subject to paragraph 2, the amount of a requisite benefit pension is 1/160th of the deceased’s average pensionable pay multiplied by the period in years of so much of his pensionable service as is reckonable by virtue of service or employment after 5th April 1978.

2.  Where some or all of the deceased’s service , which is reckonable as pensionable service, was part-time service, the amount of a requisite benefit pension shall be calculated using the formula in paragraph 2 of Part IV of Schedule 2.

3.  In making the calculation mentioned in paragraph 2, for the value of A there shall be substituted “A is the amount calculated under paragraph 1 of Part V of Schedule 3 if the average pensionable pay was the pay the deceased would have received had he been a whole-time member of the fire brigade” and in relation to B, C and D only pensionable service after 5^th April 1978 shall be counted.