The Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996

Termination of pensionable service in certain circumstances to be disregarded

18.—(1) Subject to paragraph (3), where a member’s pensionable service terminates in the circumstances set out in paragraph (2), Chapter IV of Part IV of the Act shall have effect as if that pensionable service had not terminated.

(2) The circumstances referred to in paragraph (1) are that—

(a) the pensionable service which has terminated is a period of such service which is one, other than the last one, of a series of such periods in employment to which the scheme relates; and

(b) there is between successive periods of pensionable service—

(i) no interval;

(ii) an interval not exceeding one month;

(iii) an interval of any length if it is between 2 periods of pensionable service the second of which results from the exercise of a right to return to work under Article 111 of the Employment Rights (Northern Ireland) Order 1996; or

(iv) an interval of any length if it is between 2 periods of pensionable service the second of which results from a return to work by the member following a period of absence arising in consequence of a trade dispute within the meaning of Article 2(2) of the Jobseekers (Northern Ireland) Order 1995(1).

(3) This regulation shall not have effect where the trustees of a scheme, during any interval such as is set out in paragraph (2)(b)(ii) to (iv), do what is needed to carry out what a member requires in exercising an option under section 91.

(1)

S.I. 1995/2705 (N.I. 15)