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PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 8

Meaning of ""pension'', and other supplementary provisions.

8.(1) For purposes of this Act "pension" includes (subject to section 9)

(a)any allowance or other benefit payable (either in respect of the services
of the pensioner or in respect of the services of any other person) by virtue
of any superannuation scheme, whether contained in an enactment or otherwise,
including a superannuation scheme providing benefits in the case of injury or
death; and

(b)any compensation payable in respect of retirement from an office or
employment in pursuance of the provisions of an enactment, any compensation
payable in respect of the loss, abolition or relinquishment of an office or
employment occasioned by an alteration in the organisation of a department or
service or by a transfer or other reorganisation of the functions of local
authorities, and any compensation payable in respect of a diminution in the
emoluments of an office or employment which has been occasioned as aforesaid
[; and

(c)without prejudice to the generality of paragraph (b), any compensation
payable in pursuance of the provisions of a scheme under Article 3 of the
Superannuation (Northern Ireland) Order 1972 made by virtue of Article 4(2) of
that Order or of regulations made under Article 19 thereof].

(2) A pension shall be deemed for purposes of this Act to begin on the day
following the last day of the service in respect of which the pension is
payable (whenever the pension accrues or becomes payable), except that

(a)an earnings-related pension based, directly or indirectly, on emoluments
received for a period not ending with the last day of that service, other than
a substituted pension, is to be deemed to begin on the day following the last
day of that period; and

(b)a substituted pension is to be deemed to begin on the same day as the
original pension, or, if earlier, on the day from which the surrender of the
original pension takes effect; and

(c)a pension payable under section 1 of the Ministerial Offices Act (Northern
Ireland) 1952 is to be deemed to have begun on 1st April 1965.

(3) Where an earnings-related pension beginning before the year 1969 may be
payable either at a rate fixed, directly or indirectly, by reference to
emoluments or at a flat rate, the 1969 standard and, if relevant, the 1971
rate of the pension according to either of its rates shall be determined
without regard to the other.

© 1971 Crown Copyright

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