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Part 3

SCHEDULE 2N.I.AWARDS FOR SPOUSES AND CIVIL PARTNERS

PART 1N.I.SPECIAL PENSION

1.  [F1Subject to paragraphs 2 and 3], the weekly amount of a special pension is 45% of the deceased’s average pensionable pay [F2[F3final pensionable pay or final pay, as the case may be],] for a week.

Textual Amendments

Commencement Information

I1Sch. 2 Pt. 1 para. 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)

2.—(1) Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount of special pension shall be calculated in accordance with the formula—N.I.

(A x (B + C)) ÷ D

where—

A is the amount calculated under Part 1 of Schedule 1 if the average pensionable pay [F4the final pensionable pay or the final pay, as the case may be] was the pay the deceased would have received had he been a whole-time employee of the Board;

B is the period in years of his [F5relevant service] as a whole-time employee of the Board;

C is the period in years of his [F5relevant service] as a part-time employee of the Board, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and

D is the period in years of his [F5relevant service].

[F6(2) Where the person was a member of the Firefighters’ Pension Scheme, neither (B + C) nor D shall exceed 30 years.]

[F7(3) Where the person is or is eligible to be an active member in the 2015 Scheme, “relevant service” in B, C and D means the total of the service referred to in paragraph 1A(1)(a) and (b) of Part 1 of Schedule 1.]

Textual Amendments

Commencement Information

I2Sch. 2 Pt. 1 para. 2 in operation at 2.4.2007 with effect in accordance with art. 1(1)

[F83.—(1) Where the deceased was employed as a retained firefighter but not as a regular firefighter at the time of his death, the amount of special pension shall be calculated in accordance with the formula—N.I.

where—

A is the amount calculated under paragraph 1 as if the final pensionable pay was the pay the deceased would have received had he been a whole-time employee of the Board;

B is the period in years of his pensionable retained service; and

C is the period in years of his relevant service.

(2) Where the person was a member of the New Firefighters’ Pension Scheme, neither B nor C shall exceed 40 years.

[F9(3) Where the person is or is eligible to be an active member in the 2015 Scheme, “relevant service” in C means the total of the service referred to in paragraph 1A(1)(a) and (b) of Part 1 of Schedule 1.]]

Textual Amendments

[F10PART 2N.I.AWARD FOR SURVIVING SPOUSE OF POST-RETIREMENT MARRIAGE WHERE DECEASED IS A MEMBER OF THE FIREFIGHTERS’ PENSION SCHEME BUT NOT A MEMBER OF THE NEW FIREFIGHTERS’ PENSION SCHEME

Textual Amendments

1.—(1) Where the surviving spouse of a person who—N.I.

(a)was a member of the Firefighters’ Pension Scheme but

(b)was not a member of the New Firefighters’ Pension Scheme [F11or the 2015 Scheme],

would otherwise have been entitled to a special award under rule 1 of Part 3 or an augmented award under rule 2 of that Part, the amount of his pension under that Part shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Schedule 3 to the Firefighters’ Pension Scheme (spouse’s or civil partner’s ordinary pension) in the same way as that of an ordinary pension.

(2) For the purposes of this paragraph, paragraph 1 of Part 1 of Schedule 3 to the Firefighters’ Pension Scheme has effect—

(a)as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension, and

(b)as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

Textual Amendments

2.  The appropriate proportion mentioned in paragraph 1(2)(a) is the proportion which the deceased’s relevant pensionable service bears to his total pensionable service.]N.I.