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69.(1) Where by virtue of Article 25 a direction is given that the sums which
are the additional components in the rates of long-term benefits are to be
increased by a specified percentage, the Department of Finance shall by order
provide that the annual rate of an official pension may, if a qualifying
condition is satisfied or the pension is a widow's pension, be increased in
respect of any period beginning on or after the date on which the direction
takes effect
(a)if the pension began before the beginning of the base period for that
direction, by the same percentage as that specified in the direction;
(b)if the pension began during the base period, by that percentage multiplied
by A/B where A is the number of complete months in the period between the
beginning of the pension and the end of the base period and B is the number of
complete months in the base period.
(2) Where an order is made under this Article in consequence of any such
direction as aforesaid the order shall, in addition to the provision required
by paragraph (1), authorise the payment of an increase in respect of any lump
sum that becomes payable during the base period for that direction, being an
increase equal to the percentage specified in the direction multiplied by A/B
where
(a)A is the number of complete months in the period between the beginning date
for the lump sum (or, if later, the date from which it was last authorised to
be increased by an order under this Article) and the date on which it becomes
payable; and
(b)B is the number of complete months in that base period.
(3) In the case of the first order made under this Article in consequence of
any such direction as aforesaid, paragraph (1) shall have effect as if the
increase required to be authorised in the case of any pension (whether
beginning before or during the base period) were an increase equal to the
percentage specified in the direction multiplied by A/B where
(a)A is the number of complete months in the period between the beginning of
the pension (or, if later, the date from which it was last authorised to be
increased by an order under section 2 of the Pensions (Increase) Act (Northern
Ireland) 1971 ("the Act of 1971")) and the end of the base period for that
direction; and
(b)B is the number of complete months in that base period.
(4) In the case of the first order so made under this Article, paragraph (2)
shall have effect as if
(a)for the reference to any lump sum that becomes payable during the base
period there were substituted a reference to any lump sum that becomes or has
become payable before the end of the base period but after the date from which
official pensions were last increased by an order under section 2 of the Act
of 1971; and
(b)the reference in sub-paragraph (a) of the paragraph to the date from which
the lump sum was last authorised to be increased were a reference to the date
specified in sub-paragraph (a) of this paragraph.
(5) The increases in the rate of a pension that may be provided for by an
order under this Article are to be calculated by reference to the basic rate
of the pension as authorised to be increased by section 1 of the Act of 1971
or by any order under section 2 of that Act or this Article; but where
[(a)a person is entitled to a guaranteed minimum pension when an order under
this Article comes into force; and
(b)entitlement to that guaranteed minimum pension arises from an employment
from which (either directly or by virtue of the payment of a transfer credit
under Article 40) entitlement to the official pension also arises;
(6) Any order under this Article shall be laid before the Assembly after being
made.
(7) In this Article
"base period", in relation to any such direction as is mentioned in paragraph
(1), means the period ending with the coming into force of that direction and
beginning with the coming into force of the last previous such direction or,
if there was none, with [13th November 1978 (date of the relevant order under
section 120 of the principal Act, increasing rates of benefit)];
"beginning date", in relation to a lump sum, shall be construed in accordance
with sections 8(2) and 9(2)(a) of the Act of 1971;
"lump sum" includes an instalment of a lump sum;
[(8) Where, for the purposes of this Article, it is necessary to calculate the
number of complete months in any period an incomplete month shall be treated
as a complete month if it consists of at least 16 days.]
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© 1975 Crown Copyright
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