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SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 39

39.(1) The following additional provisions apply as to a scheme's compliance
with Article 38.

(2) If the scheme provides for the annual rate of the widow's pension to be
calculated by reference to the earner's average annual salary

(a)the method of computing average annual salary must be approved by the
Occupational Pensions Board; and

(b)the scheme must provide that earnings for any period falling within any tax
year shall, for the purposes of the calculation, be treated as increased by
the same percentage as that prescribed for the increase of earnings factors
for that year.

(3) In paragraph (2)(b), "prescribed" means prescribed by [the last order
under Article 23 to come into force] before whichever is the earliest of the
following events, namely

(a)termination of the earner's service in the relevant employment;

(b)his attaining the scheme's normal pension age;

(c)his death.

(4) Where the scheme provides for the annual rate of the widow's pension to be
calculated by reference to the earner's final salary (or last salary before
death)

(a)the method of ascertaining final or last salary; and

(b)the scheme's provisions for calculating the rate of pension by reference to
it,

(5) In deciding whether or not to give their approval under paragraph (4)(b)
the Board shall have regard to any aspects of the scheme which appear to them
to be relevant, but in particular

(a)to the interval (if any) between the end of the period by reference to
which final or last salary is to be determined and the scheme's normal pension
age or, as the case may be, the date of the earner's death; and

(b)to what provision (if any) is made for revaluing the salary during any such
interval.

(6) Subject to the foregoing provisions, the scheme may provide

(a)for excluding earnings of any kind from the salary by reference to which
the annual rate of the widow's pension is to be calculated; and

(b)for excluding any amount of earnings of the kind that are to constitute
that salary except so much (if any) as would, if expressed as a weekly rate,
exceed one and a half times the lower earnings limit but would not exceed the
upper earnings limit;

(7) In paragraph (6) references to the lower and upper earnings limits in
relation to any earnings, are references to those limits as in force when the
earnings are paid.

© 1975 Crown Copyright

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