Pensions (Increase) Act (Northern Ireland) 1971

15 Interpretation. N.I.

(1) For the purposes of this Act—

• “basic rate” means the annual rate of a pension apart from any increase under or by reference to this Act or any enactment repealed by this Act, or any corresponding increase made otherwise than under or by reference to this Act or an enactment repealed by it [F1 but including any increase in the said annual rate in consequence of the Pensions (Increase) (Northern Ireland) Order 1974 [1974 NI 2] ];

• [F2 “derivative pension” means a pension which—

  (a)

  is not payable in respect of the pensioner's own services, and

  (b)

  is not attributable to the pensioner having become entitled to a pension credit;]

• “designated body” has the meaning given by section 8 of the Local Government (Superannuation) Act (Northern Ireland) 1950 [1950 c.10] ;

• “earnings-related pension” means a pension computed by reference to a rate of emoluments (whether actual emoluments or not and whether final or average emoluments), or payable at alternative rates one of which is so computed, and includes a derivative pension computed by reference to the rate of an earnings-related pension;

• “flat rate” means a rate fixed otherwise than by reference to a rate of emoluments or to the rate of another pension, and “flat-rate pension” means a pension payable at a flat rate only, but includes a derivative pension computed by reference to the rate of a flat-rate pension;

• “local authority” has the meaning given by section 8 of the Local Government (Superannuation) Act (Northern Ireland) 1950;

• “local government service” means service under any local authority and any service which, by virtue of the Local Government Staffs (War Service) Act (Northern Ireland) 1939 [1939 c.27] , is for superannuation purposes treated as service under a local authority; and includes any such service notwithstanding that the local authority concerned have ceased to exist;

• [F3 “money purchase benefits” has the meaning given by[F4 section 176(1) of the Pension Schemes (Northern Ireland) Act 1993];]

• “pension” has the meaning given by section 8, “official pension” that given by section 5(1), and “pension authority” that given by section 7(1), and the time when a pension “begins” is that stated in section 8(2);

• [F2 “pension credit” means a credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;

• “principal pension” means a pension which—

  (a)

  is payable in respect of the pensioner's own services; or

  (b)

  is attributable to the pensioner having become entitled to a pension credit;]

• “qualifying condition” means one of the conditions laid down by section 3;

• [F3 “relevant injury pension” means—

  (a)

  a pension paid to a person in respect of his absence from work by reason only of an injury sustained, or disease contracted, by him in the course of the employment by virtue of which his entitlement to the pension arises; or

  (b)

  a pension paid to a person in respect of his having accepted less favourable terms and conditions of employment by reason of ill-health suffered by him in consequence of an injury so sustained or a disease so contracted;

  but does not include any pension the rate of which is periodically recalculated by reference to the rate of the salary which the pensioner could reasonably be expected to have received had he not sustained the injury or contracted the disease in question;]

• “substituted pension” means a pension granted in consideration of the surrender of the whole or part of another pension ( “the original pension”);

• [F2 “widow's pension” means a pension payable—

  (a)

  in respect of the services of the pensioner's deceased husband, or

  (b)

  by virtue of the pensioner's deceased husband having become entitled to a pension credit.]

(2) References in this Act to an enactment include an enactment in an Act (whether public general or local) of the Parliament of Northern Ireland or the Parliament of the United Kingdom and a provisional order confirmed by such an Act.

F1 1974 NI 2

F2 1999 NI 11

F3 1990 NI 13

F4 1993 c.49