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The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

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Guaranteed minimum pensions, etc.

100.—(1) Subject to paragraph (8), paragraphs (2) to (5) apply where a member has an entitlement to a guaranteed minimum pension under section 10 of the 1993 Act (his “guaranteed minimum”).

(2) If, apart from this article—

(a)no pension would be payable to the member under this Scheme; or

(b)the weekly rate of the pension payable would be less than his guaranteed minimum,

a pension, the weekly rate of which is equal to his guaranteed minimum, is payable to the member for life from the date on which he reaches state pensionable age.

(3) Subject to paragraph (4) if, when the member reaches state pensionable age—

(a)he is still in employment which entitles him to be a member of this Scheme (“scheme employment”); or

(b)where he is not in scheme employment, he consents to a postponement of his entitlement under paragraph (2),

paragraph (2) does not apply until he leaves employment.

(4) If the member—

(a)continues in employment for a further period of five years after reaching state pensionable age; and

(b)does not then leave it,

he is entitled from the end of that period to so much of his pension under this article as equals his guaranteed minimum, unless he consents to a further postponement of the entitlement.

(5) Where paragraph (3) or (4) applies, the amount of the pension to which he is entitled under this article shall be increased in accordance with section 11 of the 1993 Act.

(6) This paragraph applies where a person has ceased to be in employment that is contracted-out by reference to the Scheme, and either—

(a)all his rights to benefits under the Scheme, except his rights in respect of his guaranteed minimum or his rights under section 5(2B) of the 1993 Act(1) (“his contracting-out rights”), have been transferred under Part 12; or

(b)he has no rights to benefits under the Scheme apart from his contracting-out rights.

(7) Subject to paragraph (8), where paragraph (6) applies—

(a)from the date on which the person reaches state pension age, he is entitled to a pension payable for life at a weekly rate equal to his guaranteed minimum; and

(b)from the date on which he reaches normal retirement age he is entitled to a lump sum and pension in respect of his rights under section 5(2B) of the 1993 Act,

but a person falling within paragraph (6) is not to be regarded as a pensioner for the purposes of Part 5 (awards on death).

(8) This article does not apply if—

(a)any part of the person’s pension is withdrawn permanently under article 54 following his conviction of an offence of a description specified in paragraph (3) of that article (treason and certain offences under the Official Secrets Acts 1911 to 1989); or

(b)the pension is commuted under article 20 (commutation: small pensions).

(1)

Subsection (2B) was inserted by S.I. 1995/3213 (N.I. 22), Article 133(3).

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