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

Articles 41(2) and 52(1)

PART III CHILD'S ACCRUED ALLOWANCE

1.—(1) Subject to sub-paragraph (2) and to paragraphs 2 to 5 the amount of an accrued allowance shall be calculated in accordance with paragraphs 1 and 3 of Part I as if it were an ordinary allowance to which the child was entitled.

(2) Where an election made by the deceased under article 68 had effect at the time of his death, paragraph 3 of Part I (election for flat-rate allowance) does not have effect for the calculation under this Part of an accrued allowance.

2.  Except where paragraph 3 applies, for the purposes of paragraph 1, paragraph 1 of Part I has effect with the substitution for references to the base pension of references to the deceased’s deferred pension.

3.—(1) This paragraph applies where the deceased was the child’s father and was entitled to reckon pensionable service otherwise than by virtue of—

(a) service as a regular fireman after 31st March 1972; or

(b) article 83 (servicemen).

(2) Where this paragraph applies, for the purposes of paragraph 1, paragraph 1 of Part I has effect with the substitution for references to the base pension of references to the appropriate proportion of the deceased’s deferred pension.

(3) The appropriate proportion is that which his half-rate service bears to his total pensionable service.

4.  In calculating the deceased’s deferred pension for the purposes of paragraph 2 or 3 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).

5.  Where one of the parents is alive and in respect of any week the aggregate of—

(a) the surviving spouse’s or civil partner’s accrued pension; and

(b) the accrued children’s allowances,

exceeds the rate at which the deceased’s deferred pension was last payable, or would have been payable if he had attained the age of 60 (“the final pension rate”), the allowances shall be reduced by the factor necessary to secure that the aggregate equals the final pension rate.