23.—(1) Subject to the following provisions of this article, a pension is payable on the death of—
(a)a firefighter member who satisfies an eligibility condition and dies while employed by the Board; or
(b)a former firefighter member who—
(i)has been awarded a deferred pension under article 13 which has not come into payment;
(ii)is in receipt of a deferred pension under that article; or
(iii)is in receipt of a pension under any of articles 11, 12, 14, 15 and 16,
to the deceased’s spouse, civil partner or nominated partner for the remainder of their life (a “survivor’s pension”).
(2) Subject to paragraph (4), a survivor’s pension is not payable if the deceased’s spouse, civil partner or nominated partner (as the case may be) is convicted of the murder of the deceased.
(3) Subject to paragraph (5), where the deceased’s spouse, civil partner or nominated partner (as the case may be) is convicted of the manslaughter of the deceased, the Board may, as it thinks fit, withhold the survivor’s pension—
(a)in whole or in part; and
(b)permanently or temporarily.
(4) Where a conviction of the description mentioned in paragraph (2) is quashed on appeal—
(a)a survivor’s pension shall be payable from the day after that on which the deceased died; and
(b)the Board shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued.
(5) Where—
(a)a conviction of the description mentioned in paragraph (3) is quashed on appeal, and
(b)the Board has withheld any part of the survivor’s pension,
the Board’s decision under paragraph (3) shall be treated as revoked and it shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued from the day after that on which the deceased died.
(6) Nothing in paragraph (4) or (5) shall affect the application of paragraph (2) or (3) if the person whose conviction is quashed is subsequently convicted of the murder or manslaughter of the deceased.