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Amounts of spouses' and nominated beneficiaries' long-term pensions
     E28.  - (1) Subject to paragraph (2), the annual rate of a pension payable under regulation E26 to a surviving spouse or a nominated beneficiary is 1/160th of the deceased's average salary multiplied by the length of his family benefit service.

    (2) If - 

(a) paragraph 16 of Schedule 6 (retrospective salary increases affecting deductions from terminal sums and amounts of lump sum payments) applies; and

(b) a person entitled to limit the amount of the deduction or lump sum has done so,

the retrospective salary increase shall not be taken into account in calculating the deceased's average salary.

    (3) Family benefit service does not include any contributions refund period.

    (4) Subject to paragraphs (3) (5), and (8) to (10), if the pension is payable to a nominated beneficiary, to a widower on whose marriage to the deceased a nomination ceased to have effect, or to a woman whom the deceased married before the end of his pensionable employment the deceased's family benefit service comprises - 

(a) any period falling within regulation E27(1)(a) to (f);

(b) in the case of a member, his credited service and any period that fell to be calculated in accordance with paragraph 7(3) of Schedule 6.

    (5) If the member's credited service exceeds the total of his normal service and any additional period, for the purposes of paragraph (4)(b) his credited service is reduced by 1/6th of the excess.

    (6) If the deceased had been in pensionable employment after 5th April 1978 and the pension is payable to a woman whom he first married after his last day in pensionable employment, his family benefit service comprises, subject to paragraph (3) - 

(a) any period of pensionable employment after 5th April 1978;

(b) any period for which additional contributions have been paid under regulation C3 in accordance with an election made after that date;

(c) if a transfer value has been received after that date in respect of comparable service, any period of reckonable service attributable to comparable service after that date; and

(d) any period counting as reckonable service by virtue of the receipt after that date of any other transfer value.

    (7) If the pension is payable to a widower not falling within paragraph (4), the deceased's family benefit service comprises, subject to paragraphs (3) and (8) to (10), the relevant service described in regulation E27(2).

    (8) This paragraph applies if the deceased died - 

(a) while in pensionable employment; or

(b) during a period for which he was paying additional contributions under regulation C6 or C7; or

(c) within 12 months after ceasing to be in pensionable employment as a result of ill-health but before becoming entitled to payment of retirement benefits; or

(d) after becoming entitled to payment of retirement benefits, if they fell to be enhanced under regulation E8 (enhancement of retirement benefits in case of incapacity).

    (9) If paragraph (8) applies and the family benefit service calculated in accordance with paragraphs (3) to (7) is less than his effective reckonable service, his family benefit service is increased by - 

    (10) If paragraph (8) applies and A is not less than B, his family benefit service is increased by C.

Amounts of children's long-term pensions
     E29.  - (1) Subject to paragraphs (3) to (6), if long-term pensions become payable under regulation E26 - 

(a) to a surviving spouse or a nominated beneficiary (an "adult pension"); and

(b) to or for the benefit of a child or children (a "children's pension"),

the annual rate of the children's pension is the appropriate fraction of the deceased's average salary multiplied by the length of his family benefit service.

    (2) In paragraph (1) the appropriate fraction - 

(a) while a children's pension is payable to or for the benefit of 2 or more children, is 1/160th; and

(b) while a children's pension is payable to or for the benefit of one child, is 1/320th.

    (3) Subject to paragraphs (4) to (6), if - 

(a) an adult pension becomes payable to a woman whom the deceased married after his last day in pensionable employment;

(b) before that day he had married another woman; and

(c) the persons to or for whose benefit a children's pension is payable include a child who was, or children who were, a child or children of the deceased's at any time during the earlier marriage, the annual rate of the children's pension is the appropriate fraction of his average salary multiplied by the length of what would have been his family benefit service if regulation E28(4) had applied ("the notional family benefit service").

    (4) If the children's pension is payable to, or for the benefit of - 

(a) one child who was a child of the deceased's during the earlier marriage; and

(b) one or more children who were not children of his during that marriage,

the annual rate of the children's pension is

Commencement and duration of long-term family pensions
     E30.  - (1) A pension under regulation E26 payable to a surviving spouse or a nominated beneficiary ("an adult pension") shall be paid - 

(a) from the day on which any short-term pension that became so payable under regulation E24 ceases to be payable; or

(b) if no short-term pension became payable, from the day after that of the death.

    (2) Subject to paragraph (3), an adult pension is payable for life.

    (3) Unless the Department determines otherwise in any particular case, and subject always to regulation E1(3)(c) and (d) (guaranteed minimum pension for surviving spouse), an adult pension is not payable during or after any marriage or period of cohabitation outside marriage.

    (4) A pension under regulation E26 payable to or for the benefit of a child or children ("a children's pension") shall be paid - 

(a) from the day on which any short-term pension that became so payable, or payable to a surviving spouse or a nominated beneficiary, under regulation E24 ceases to be payable; or

(b) if no short-term pension became payable, from the day after that of the death.

    (5) A children's pension ceases to be payable to a person or for his benefit when he ceases to be a child.

Average salary
     E31.  - (1) Subject to paragraph (10), a person's average salary - 

(a) where the material part of his average salary service is one year or more, is his full salary for the best consecutive 365 days of that part; and

(b) in any other case, is the average annual rate of his full salary for that part.

    (2) In determining, for the purposes of paragraph (1), what are the best consecutive 365 days of the material part of the person's average salary service, days on which the person was not in pensionable employment shall be disregarded.

    (3) Average salary service comprises - 

(a) any period spent by the person in pensionable employment;

(b) any period counting as reckonable service by virtue of regulation D4 (current period purchased by additional contributions); and

(c) any period of comparable service which began before 1st April 1974 and has not been followed by a period of pensionable employment and for which a transfer value has been received.

    (4) The material part of a person's average salary service is - 

(a) where he has less than 3 years of such service, the whole of it; or

(b) in any other case, the last 3 years of it.

    (5) In determining the material part of a person's average salary service periods when the person was not in pensionable employment shall be disregarded and accordingly the period of three years referred to in paragraph (4) may be discontinuous.

    (6) For the purposes of paragraphs (2), (3)(a) and (5) a person who is employed under a contract whereby that person is available for work but undertakes work only for periods requested by the employer (and accordingly is paid only for that work) shall not be treated as being in pensionable employment during periods when he is not undertaking work (whether or not such a person would be so treated apart from this paragraph).

    (7) Subject to paragraphs (8) and (9), a person's full salary - 

(a) for a period falling within paragraph (3)(a), is his contributable salary for the period of pensionable employment, disregarding any reduction during sick leave or maternity leave;

(b) for a period falling within paragraph (3)(b), is the notional salary by reference to which the additional contributions paid under regulation C6 or, as the case may be C7, were calculated;

(c) for a period falling within paragraph (3)(c), is what would have been his salary for the purpose of calculating benefits under the superannuation scheme to which he was subject in the relevant employment.

    (8) For - 

(a) a period of pensionable employment; or

(b) a period counting as reckonable service by virtue of regulation D4,

beginning after 31st March 1975 and ending before 1st August 1978, a person's full salary includes any sums that would have been payable to him if payment of them had not been withheld, whether by virtue of a statutory provision or otherwise, in order to comply with limits referred to in section 1 of the Remuneration, Charges and Grants Act 1975[23].

    (9) For - 

(a) a period of pensionable employment; or

(b) a period counting as reckonable service by virtue of regulation D4,

beginning after 31st March 1979 and ending before 1st September 1980, a persons' full salary is the notional salary resulting from the application to him of the Teachers' Superannuation (Notional Salaries) Regulations (Northern Ireland) 1982[24].

    (10) Where a person has during the material part of his average salary service spent any period in part-time employment the full salary for that period shall be the amount which it would have been if the employment had been full time during that period.

Effective reckonable service
     E32.  - (1) A person's effective reckonable service is so much of his reckonable service as counts for the purpose of calculating a benefit under this Part, except a pension under regulation E26.

    (2) Subject to paragraph (3), effective reckonable service does not include - 

(a) any reckonable service in excess of 45 years; or

(b) any reckonable service in excess of 40 years before attaining the age of 60.

    (3) In relation to a retirement lump sum, if the person's relevant service, that is to say the total of - 

(a) the time he has spent in pensionable employment; and

(b) any comparable service counting as reckonable service by virtue of the receipt of a transfer value,

is less than 20 years, his effective reckonable service does not include so much of any period counting as reckonable service by virtue of regulation D3 (past period purchased by additional contributions) as exceeds the maximum ascertained from the following Table:


TABLE

Relevant service in years	Maximum
19	17 years
18	15 years
17	13 years
16	11 years
15	9 years
14	7 years
Fewer than 14	8 years less than the length in years and days of the relevant service

    (4) For the purposes of paragraph (3) a person who becomes entitled to payment of retirement benefits by virtue of regulation E4(4) or (7) (incapacity or redundancy before attaining the age of 60) shall be treated as having continued in pensionable employment up to that age.

    (5) Effective reckonable service does not include any period in respect of which a short service annuity is payable under regulation E16.

Payment of benefits
     E33.  - (1) Benefits under this Part are payable by the Department.

    (2) No benefit shall be paid unless a written application for payment has been made and paragraph (3), if applicable, has been complied with.

    (3) If the Department notifies him in writing that it so requires, the applicant shall provide any relevant information specified by the Department that is in his possession or that he can reasonably be expected to obtain.

    (4) Subject to paragraphs (5) to (7), a benefit that does not consist of a single payment shall be paid monthly on the last working day of the month.

    (5) If - 

(a) the person's entitlement to payment of the benefit took effect, on a day other than the first of a month; or

(b) the benefit ceases to be payable, on a day other than the last day of the month,

a proportionate payment shall be made for the relevant period on the last working day of the month thereafter.

    (6) For the purposes of paragraph (5) the relevant period is - 

(a) where paragraph (5)(a) applies, the period beginning with and including the day on which the entitlement took effect and ending with the last day of the month; and

(b) where paragraph (5)(b) applies, the period beginning with and including the first of the month and ending with the day before the benefit ceased to be payable.

    (7) For the purposes of paragraph (5) a proportionate payment is a payment of - 

    (8) The Apportionment Act 1870[25] (being inconsistent with paragraphs (5) to (7)) shall be taken not to have effect in relation to benefits under this Part.

    (9) If the person entitled to payment of a benefit has not attained the age of 18, or is incapable by reason of infirmity of mind or body of managing his affairs, the Department may - 

(a) pay it to any person having the care of the person entitled; or

(b) apply it as it thinks fit for the benefit of the person entitled or his dependants.

Benefits not assignable
     E34.  - (1) Any assignment of or charge on or agreement to assign or charge any benefit under this Part is void.

    (2) An allocation under regulation E11 is not an assignment, and an arrangement for the recovery by the Department of an overpayment does not constitute an assignment or an agreement to assign.

    (3) Paragraph (1) shall not preclude any payment of benefit payment to an order of the court under Article 27B or 27C of the Matrimonial Causes (Northern Ireland) Order 1978 or pursuant to regulations made under Article 27D of that Order[26].

    (4) On the bankruptcy of a person entitled to a benefit under this Part no part of the benefit passes to any trustee or other person acting on behalf of the creditors, except in accordance with an income payments order made by a court under Article 283 of the Insolvency (Northern Ireland) Order 1989[27].

(a) has been in pensionable employment for less than 2 years or is not qualified for retirement benefits; or

(b) ceased to be in pensionable employment before 6th April 1978; or

(c) is a married woman or widow who, by virtue of an election made or treated as made under regulations under section 19(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[28], either is liable to pay primary Class 1 contributions or Class 2 contributions at a reduced rate or is under no liability to pay Class 2 contributions.

    (6) A transfer value shall not be paid if the person has acquired a right to a cash equivalent, unless - 

(a) the service to which the cash equivalent relates includes service before 1st March 1989; and

(b) the right has been exercised by requiring the whole of the cash equivalent to be paid to the scheme managers of an approved superannuation scheme which is not a club scheme.

    (7) A transfer value shall not be paid if the person - 

(a) has acquired a right to a part cash equivalent; and

(b) would on taking that right remain qualified for retirement benefits.

Notes

[23] 1975 c. 57back

[24] S.R. 1982 No. 12back

[25] 1870 c. 35back

[26] S.I. 1978/1045 (N.I. 15); Articles 27B, 27C and 27D were inserted by S.I. 1995/3213 (N.I. 22) Article 162(1)back

[27] S.I. 1989/2405 (N.I. 19) as amended by S.I. 1995/3213 (N.I. 22) Article 119 and Schedule 1 paragraph 11back

[28] 1992 c. 7back

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