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

Pre-1986 leavers

2.  Chapter IV of Part IV of the Act shall not apply to a member of a salary related scheme whose pensionable service terminated before 1st January 1986 if all of the member’s accrued rights to benefits under the scheme—

(a) are rights—

(i) to official pensions specified in Schedule 2 to the Pensions (Increase) Act (Northern Ireland) 1971(1) (official pensions);

(ii) to pensions in relation to which that Act has effect by virtue of regulations made under section 5(2) of that Act(2) (scope of Act and general powers); or

(iii) to pensions under a scheme the rules of which provide that pensions thereunder shall be increased in accordance with that Act; or

(b) are rights to pensions under a scheme the rules of which provide that pensions thereunder shall in the pre-pension period (as defined in section 79(1)(a)(iii) (scope of Chapter II: revaluation of accrued benefits excluding guaranteed minimum pensions)) be revalued at a rate equal to or exceeding the rate of inflation as measured by the retail prices index.

(1)

1971 c. 35 (N.I.); Schedule 2 was amended by paragraph 11 of Schedule 6 to the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073 (N.I. 10)), regulation 79 of S.R. & O. (N.I.) 1972 No. 319, paragraph 109 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975 (c. 18), Schedule 6 to the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)) and paragraph 5 of Schedule 3 to the Fire Services (Northern Ireland) Order 1984 (S.I. 1984/1821 (N.I. 11))

(2)

See S.R. & O. (N.I.) 1973 No. 15, S.R. 1975 Nos. 38, 154 and 226, S.R. 1977 No. 14 and S.R. 1992 No. 294