- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (24/07/2023)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 24/07/2023.
The Judicial Pensions Regulations (Northern Ireland) 2015, Section 79 is up to date with all changes known to be in force on or before 02 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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79.—(1) The sum of the following must not exceed the annual rate of retirement pension that would be payable to the member (P)—
(a)the total amount of retirement pension allocated under this Part (“total allocation amount”); and
(b)the annual rate of surviving adult's pension that would be payable on P's death.
(2) In determining whether the restriction in paragraph (1) is met, it is assumed that—
(a)P will have become a pensioner member before P's death;
(b)P will exercise the commutation option so as to exchange for a lump sum the maximum amount possible of the whole of P's accrued pensions;
(c)P's spouse or civil partner status will not change before P dies;
(d)all of P's beneficiaries will survive P; and
(e)any beneficiary who would have been P's dependant for the purposes of paragraph 15(2) or (3) of Schedule 28 (registered pension schemes: authorised pensions - supplementary) to the 2004 Act M1 will be such a dependant when P dies.
(3) If at the time an allocation election is made it would result in the restriction in paragraph (1) not being met, the scheme manager may treat the election (or each of the elections) as allocating a smaller amount that would result in the restriction being met.
Marginal Citations
M1Paragraph 15(3) of Schedule 28 was amended by S.I. 2005/3229.
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