The Pensions (Miscellaneous Provisions) (Northern Ireland) Order 1990

Changes in the protection against adverse alterations

No scheme to make provision reducing accrued rights without the consent of representatives of those affected

11.  In Article 4 of the Superannuation Order, for paragraph (3) (consent of representatives to the inclusion in schemes of provisions which reduce the amount of any benefit calculated by reference to service rendered before they take effect) there shall be substituted the following paragraph—

“(3) No scheme under Article 3 shall make any provision which would have the effect of reducing the amount of any pension, allowance or gratuity, in so far as that amount is directly or indirectly referable to rights which have accrued (whether by virtue of service rendered, contributions paid or any other thing done) before the coming into operation of the scheme, unless the persons consulted in accordance with Article 3(2) have agreed to the inclusion of that provision.”.

Restriction on election that regulations shall not apply to persons whose service has terminated

12.—(1) In Article 14 of the Superannuation Order, in paragraph (2)(a) (application of regulations to persons who have previously ceased to serve or died) after the words“have ceased to serve therein” there shall be inserted the words“(whether or not they have subsequently recommenced any such service)”.

(2) At the end of paragraph (3) of that Article (right of person with accrued or contingent pension rights to elect that regulations which would adversely affect him shall not so apply) there shall be added the words“in relation to that pension except as provided by paragraph (3A).”.

(3) After that paragraph there shall be inserted the following paragraph—

“(3A) If, at the coming into operation of the provision mentioned in paragraph (3), a person who makes such an election as is mentioned in that paragraph is serving in an employment or office to which the regulations governing the pension apply, or if he subsequently recommences service in such an employment or office, then—

(a) the election shall have effect in relation to the pension only to the extent that it accrues or has accrued—

(i) by virtue of periods of service rendered before the cessation referred to in paragraph (2) (or, if there has been more than one such cessation, the last of them before the coming into opeation of the provision in question); or

(ii) by virtue of contributions paid in respect of any such periods of service; and

(b) in determining entitlement to, or the amount of, the pension to that extent, he shall (without prejudice to the application of this paragraph) be treated as if he had never recommenced service in such an employment or office at any time after the cessation referred to in sub-paragraph (a);

and the provision in question shall apply accordingly.”.