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Pensions Increase (Review) Order (Northern Ireland) 2009

Type Ni-Statutory-Rule
Publication 2009-03-13
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
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articles Not indexed
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Made: 13th March 2009

Coming into operation: 6th April 2009

The Department of Finance and Personnel now makes the following Order in exercise of the powers conferred by Article 69(1), (2), (5) and (5ZA) of the Social Security Pensions (Northern Ireland) Order 1975[^f00004] and now vested in it[^f00005].

Citation and commencement

1

This Order may be cited as the Pensions Increase (Review) Order (Northern Ireland) 2009 and shall come into operation on 6th April 2009.

Interpretation

2

Increases in certain pensions

3

$$AB$ where A is the number of complete months in the period between the beginning date of the pension and 6th April 2009; and B is 12.$

Increase in certain lump sums

4

$$AB$ where a A is the number of complete months in the period between the beginning date for the lump sum or, if later, 7th April 2008 and the date on which it became payable; and b B is 12.$

Reduction in respect of guaranteed minimum pensions

5

Where—

the amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Department of Finance and Personnel[^f00010] in accordance with the provisions of Article 69A[^f00011] of the 1975 Order, otherwise directs.

6

The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with Article 69(5ZA)[^f00012] of the 1975 Order.

SCHEDULE — Existing Orders

Signed

Sealed with the Official Seal of the Department of Finance and Personnel on 13th March 2009

John McKervill — A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Order.)

This Order provides for increases in the rates of public service pensions.

The increase to be made in the rates of such pensions is the percentage (or in some circumstances a fraction of the percentage) by which the Department for Social Development has increased the sums which are the additional pensions in long-term benefits, namely the additional pension entitlements accruing to employees in respect of their earnings after 5th April 1978.

For pensions which began before 7th April 2008 the increase is 5.0%.

For pensions which began on or after 7th April 2008 the increases are as follows:—

Pensions Beginning Percentage Increase Pensions Beginning Percentage Increase
7th April 2008 to 21st April 2008 5.00% 22nd November 2008 to 21st December 2008 1.67%
22nd April 2008 to 21st May 2008 4.58% 22nd December 2008 to 21st January 2009 1.25%
22nd May 2008 to 21st June 2008 4.17% 22nd January 2009 to 21st February 2009 0.83%
22nd June 2008 to 21st July 2008 3.75% 22st February 2009 to 21st March 2009 0.42%
22nd July 2008 to 21st August 2008 3.33% 22nd March 2009 onwards Nil
22nd August 2008 to 21st September 2008 2.92%
22nd September 2008 to 21st October 2008 2.50%
22nd October 2008 to 21st November 2008 2.08%

The Order provides for increases on certain deferred lump sums which became payable on or after 7th April 2008 and before 6th April 2009.

The Order also makes provision for the amount by reference to which any increase in the rate of an official pension is to be calculated to be reduced by an amount equal to the rate of the guaranteed minimum pension entitlement deriving from the employment which gives rise to the official pension.

Footnotes

[^f00001]: 1992 c. 8

[^f00002]: See S.R. 1999 No. 481 Art. 8(b) and Schedule 6 Part II

[^f00003]: Contained in S.R. 2009 No. 89. This direction corresponds to the direction given by the Secretary of State for Work and Pensions under section 150 of the Social Security Administration Act 1992 (c. 5)

[^f00004]: S.I. 1975/1503 (N.I. 15); Art. 69 was amended by S.I. 1979/396 (N.I. 5) Arts. 10(2), 16 and Sch. 3, S.I. 1985/1209 (N.I. 16) Art. 25(2) and Sch. 6, S.I. 1986/1888 (N.I. 18) Arts. 11(8), 19(1)(b), 83(1) and Sch. 9, para. 58, S.I. 1990/1509 (N.I. 13) Arts. 3(7) and 7, by section 4 and paragraph 14(19) of Schedule 2 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (1992 c. 9) and by section 184 of and paragraph 15(1) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (1993 c. 49). Article 69 is modified by Article 69A, which was inserted by Article 10(3) of the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)), and amended by S.I. 1986/1888 (N.I. 18) Art. 11(9) and by section 184 of and paragraph 15(2) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993. Art 69(5ZA) is amended by the Pensions (No. 2) Act (N.I.) 2008 (c. 13), section 110 and sch. 10 part 5, Arts 69(5ZB) and (5ZC) are added by 2008 c. 13 section 110; at the time this order was made the amendments were not in force.

[^f00005]: By S.R. 1976 No. 281 Art. 3 and Sch. 1 and S.I. 1982/338 (N.I. 6) Art. 4

[^f00006]: 1971 c. 35 (N.I.)

[^f00007]: As amended by S.I. 1974/1267 (N.I. 2) Arts. 3(3) and 5(3)(b), S.I. 1990/1509 (N.I. 13) Art. 3(6) and S.I. 1999/3147 (N.I. 11) Art. 36(1) and (4)

[^f00008]: As amended by S.R. & O. (N.I.) 1972 No. 264, S.I. 1974/1267 (N.I. 2) Art. 5(2) and (3), S.I. 1987/2203 (N.I. 22) Art. 72(3) and Sch. 5 Part I, S.I. 1990/1509 (N.I. 13) Art. 3, S.I. 1995/3213 (N.I. 22) Arts. 163, 168 and Sch. 5 Part IV and S.I. 1999/3147 (N.I. 11) Art. 36(1) and (2)

[^f00009]: As amended by S.I. 1990/1509 (N.I. 13) Art. 3(5) and S.I. 1999/3147 (N.I. 11) Art.36 (1) and (3)

[^f00010]: See S.I. 1982/338 (N.I. 6) Art. 4

[^f00011]: Inserted by S.I. 1979/396 (N.I. 5) Art. 10 and amended by S.I. 1986/1888 (N.I. 18) Art. 11(9) and 1993 c. 49 section 184 and paragraph 15(2) of sch. 7

[^f00012]: Inserted by S.I. 1990/1509 (N.I. 13) Art. 7(1)

[^f00013]: S.R. & O. (N.I.) 1972 No. 263

[^f00014]: S.R. & O. (N.I.) 1973 No. 364

[^f00015]: S.R. 1974 No. 296

[^f00016]: S.R. 1975 No. 269

[^f00017]: S.R. 1976 No. 276

[^f00018]: S.R. 1977 No. 277

[^f00019]: S.R. 1978 No. 269

[^f00020]: S.R. 1979 No. 338

[^f00021]: S.R. 1980 No. 364

[^f00022]: S.R. 1981 No. 307

[^f00023]: S.R. 1982 No. 303

[^f00024]: S.R. 1983 No. 289

[^f00025]: S.R. 1984 No. 340

[^f00026]: S.R. 1985 No. 268

[^f00027]: S.R. 1986 No. 213

[^f00028]: S.R. 1987 No. 70

[^f00029]: S.R. 1988 No. 61

[^f00030]: S.R. 1989 No. 72

[^f00031]: S.R. 1990 No. 86

[^f00032]: S.R. 1991 No. 84

[^f00033]: S.R. 1992 No. 69

[^f00034]: S.R. 1993 No. 125

[^f00035]: S.R. 1994 No. 99

[^f00036]: S.R. 1995 No. 39

[^f00037]: S.R. 1996 No. 90

[^f00038]: S.R. 1997 No. 124

[^f00039]: S.R. 1998 No. 66

[^f00040]: S.R. 1999 No. 109

[^f00041]: S.R. 2000 No. 64

[^f00042]: S.R. 2001 No. 94

[^f00043]: S.R 2002 No. 102

[^f00044]: S.R 2003 No. 169

[^f00045]: S.R 2004 No. 118

[^f00046]: S.R. 2005 No. 102

[^f00047]: S.R 2006 No. 127

[^f00048]: S.R 2007 No. 170

[^f00049]: S.R 2008 No. 123

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