The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

Articles 25(2) and 44(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 25(1)(a) applies, the higher tier 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 25(1)(b) applies, the ordinary, short service or ill-health pension the deceased was receiving;

(c) where article 25(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 25(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 18(10) (commutation), article 20(9) (allocation) and Parts VI and VII 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 44 (flat-rate award).