The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014

Modification of the Pension Protection Fund (Compensation) Regulations where there is no provision for a survivor’s pension

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58.  In a case where—

(a)immediately before the assessment date—

(i)under the admissible rules of an eligible scheme a member is entitled to present payment of a pension under an occupational pension scheme, and

(ii)that pension does not include the provision of a survivor’s pension in the event of the member’s death;

(b)the member is entitled, from the assessment date, to compensation under paragraph 3 or 5 of Schedule 6 to the 2005 Order, and

(c)the member dies on or after the assessment date,

regulation 3 of the Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005(1) (circumstances where a widow or widower is not entitled to payment of periodic compensation) has effect as if for paragraph (b) there were substituted—

(b)no provision to pay a survivor’s pension—

(i)under the admissible rules of the scheme, or

(ii)because the member has chosen a pension under the scheme which does not include the provision of a survivor’s pension..

(1)

S.R. 2005 No. 149; regulation 3 was amended by regulation 8 of S.R. 2005 No. 357