The Firefighters' Pension Scheme Regulations (Northern Ireland) 2015

CHAPTER 2 N.I. Pensions for surviving partners

Surviving partner's pension payable on death of active member N.I.

86.—(1) This regulation applies in relation to the surviving partner of a member who dies if, at the date of death, the member is an active member and has qualifying service of more than three months.

(2) A surviving partner to whom this regulation applies is entitled to a surviving partner's pension.

(3) [F1 Subject to paragraph (4) and regulation 90 (reduction of pensions in cases of wide age disparity)] , the annual rate of the surviving partner's pension is an amount equal to half the pension which the member would have been entitled to draw if the member had retired on the grounds of ill-health with the award of a higher tier ill-health pension on the date of the member's death.

[F2 (4) Where the member referred to in paragraph (1) was a transition member who had additional pension benefit under article 17A or 17B of Part 3 of the NFPS or additional pension benefit under article 16B or 16C of the FPS, half the amount of additional pension benefit is added to the amount of the annual rate of the surviving partner’s pension referred to in paragraph (3).]

Textual Amendments

F1 Words in reg. 86(3) substituted (retrospective to 1.4.2015) by The Firefighters Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/420), reg. 1(2), Sch. 1 para. 5(b)(i)

F2 Reg. 86(4) inserted (retrospective to 1.4.2015) by The Firefighters Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/420), reg. 1(2), Sch. 1 para. 5(b)(ii)

Surviving partner's pension payable on death of deferred member N.I.

87.—(1) This regulation applies in relation to the surviving partner of a member who at the date of death is a deferred member.

(2) A surviving partner to whom this regulation applies is entitled to a surviving partner's pension.

(3) Subject to regulation 90 (reduction in pensions in cases of wide age disparity), the annual rate of surviving partner's pension is an amount equal to half of the sum of the provisional amount of deferred pension specified in the deferred member's account and the amount of the added pension (if any) specified in the added pension account.

Surviving partner's pension payable on death of pensioner member N.I.

88.—(1) This regulation applies in relation to the surviving partner of a member (P) who at the date of death is a pensioner member.

(2) A surviving partner to whom this regulation applies is entitled to a surviving partner's pension.

(3) Subject to regulation 90 (reduction in pensions in cases of wide age disparity), the annual rate of the surviving partner's pension is equal to half of the annual rate of the retirement pension payable to P immediately before P's death.

(4) Where an early payment reduction had been made on P's retirement, the amount in paragraph (2) is half of the amount of retirement pension that would have been payable to P if that reduction had not been made.

Bereavement pension: surviving partner N.I.

89.—(1) Subject to paragraph (2), the surviving partner of an active member, or a pensioner member, is entitled to a bereavement pension for the initial period.

(2) The surviving partner of an active member is only entitled to a bereavement pension if the active member had at least three months qualifying service.

(3) If the member was an active member at the date of the member's death, the weekly amount of the bereavement pension payable under paragraph (1) is equal to the difference between the weekly amount of pensionable pay which the member was paid at the date of the member's death or, where the member was treated as receiving assumed pensionable pay, the weekly amount of assumed pensionable pay, and the weekly amount of the surviving partner's pension.

(4) If the member was a pensioner member at the date of the member's death, the weekly amount of the bereavement pension payable under paragraph (1) is equal to the difference between the weekly amount of the pension to which the member was entitled at the date of the member's death, and the weekly amount of the surviving partner's pension.

Reduction in pensions in cases of wide age disparity N.I.

90.—(1) This regulation applies if on the death of a member of this scheme, a surviving partner's pension is payable to a person who is more than 12 years younger than the member.

(2) The annual rate of that pension is reduced by the lower of—

(a) 50% of the amount of the annual rate of the pension so calculated; or

where N is the number of whole years by which the surviving partner is younger than the member.

Survivor's guaranteed minimum pensions N.I.

91.—(1) If a person who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member has a guaranteed minimum under section 13 M1 of the Pension Schemes Act in relation to benefits in respect of the deceased member under this scheme—

(a) nothing in these regulations permits or requires anything that would cause requirements made by or under that Act in relation to such a person and such a person's rights under a scheme not to be met in the case of the person;

(b) nothing in these regulations prevents anything from being done which is necessary or expedient for the purposes of meeting such requirements in the case of the person.

(2) Paragraphs (3) and (4) are without prejudice to the generality of paragraph (1).

(3) This paragraph applies if apart from this regulation—

(a) no pension would be payable to the surviving partner under this Part; or

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

(4) If paragraph (3) applies—

(a) a pension the weekly rate of which is equal to the guaranteed minimum is payable to the surviving partner for life or, as the case may be, pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable; or

(b) if paragraph (3)(b) applies, the pensions payable are increased to the amount specified in paragraph (a).

(5) Paragraph (4) does not apply to a pension—

(a) that is forfeited—

(i) as a result of a conviction for treason, or

(ii) in a case where the relevant offence under regulation 173 (forfeiture: offences committed by members, surviving partners or eligible children) falls under paragraph (b) of the definition in that regulation of “relevant offence” F3 ...; or

(b) where that pension is commuted under regulation 169 (commutation of small pensions) where the conditions in regulation 60 of the Occupational Pension Schemes (Contracting-out Regulations) (Northern Ireland) 1996 M2 are met.

Textual Amendments

F3 Words in reg. 91(5)(a)(ii) omitted (20.12.2023) by virtue of The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 41(3)

Marginal Citations

M1 Section 13 was amended by the Social Security Contributions (Transfer of Functions, etc) (Northern Ireland) Order 1999 (S.I. 1999/671), Schedule 1 paragraph 42. The child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) (NI), Schedule 5 paragraph 1 and Schedule 9 Part 3; the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (NI 1)) article 261(2); the Pensions Act (Northern Ireland) 2008 (c.1) (NI) section 12(2) and SR 2005 No 433.

M2 SR 1996 No 493. Article 60 was substituted by SR 2006 No 223, SR 2009 No 365 and SR 2010 No 108.