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PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 4

Effect of re-employment.

4.(1) Where a person has been in receipt of an official pension in respect of
any service, and in consequence of any further service rendered by him the
pension falls to be recalculated as to its basic rate and to be treated for
purposes of this Act as beginning at a later date, then the rate of the
pension as recalculated, with any increase under this Part apart from this
section, may be further increased up to the rate, if it is higher, at which
the pension would have been payable with any such increase if

(a)the further service had not been rendered; and

(b)where the pension is one of those specified in subsection (4) and the
recalculation is on the basis there mentioned, the length of the previous
service had been increased by the length of the further service.

(2) Where a person has terminated his service in circumstances such that he is
or may become eligible for an official pension, but has not been in receipt of
that pension before rendering further service in consequence of which the
pension falls to be recalculated or to be calculated on a different basis,
subsection (1) shall apply as it would apply if he had been in receipt of the
pension before rendering the further service.

(3) Where the basic rate of a derivative pension, not being a substituted
pension, falls to be calculated by reference to that of a principal pension
which is authorised to be increased under subsection (1) or (2) (or which
would have been, if the further service had been terminated by retirement),
the derivative pension may be increased in the way in which subsection (1)
authorises (or would have authorised) the principal pension to be increased;
and for this purpose the reference in subsection (1)(b) to the pension is to
be taken as a reference to the principal pension, not the derivative pension.

(4) Subsection (1)(b) shall apply to pensions specified in paragraphs 2, 3,
[3A, 5(b) and (c) and 7A] of Schedule 2, but shall apply only in a case where
the recalculation falls to be made by reference

(a)to the aggregate of the further service and the previous service; and

(b)to emoluments attributed to a period immediately preceding the termination
of the further service not lower than the emoluments by reference to which the
pension was to be calculated before the further service.

© 1971 Crown Copyright

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