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

Survivors’ guaranteed minimum pensions

101.—(1) Subject to paragraph (3), this article applies in relation to a scheme member’s surviving spouse or civil partner who has a guaranteed minimum pension under section 13 of the 1993 Act in relation to benefits under Chapter 1 of Part 4 of this Scheme in respect of the deceased member.

(2) If apart from this article—

(a) no pension is payable to the surviving spouse or civil partner under this Scheme; or

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

a pension, of which the weekly rate is equal to his guaranteed minimum, is payable to the surviving spouse or civil partner from the date on which the deceased died until the death of the surviving spouse or civil partner.

(3) This article does not apply if—

(a) any part of the scheme member’s pension was withdrawn permanently under article 54 following his conviction of an offence of a description specified in paragraph (3) of that article (treason and certain offences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);

(b) the scheme member’s pension was commuted under article 20 (commutation: small pensions); or

(c) the survivor’s pension under article 23 has been commuted under article 27.