43 Further provisions concerning entitlement to guaranteed minimum pensions for the purposes of s. 42.N.I.
(1)The reference in section 42(1) to a person entitled to a guaranteed minimum pension shall be construed as including a reference to a person so entitled by virtue of being the widower of an earner F1. . . only if—
(a)at the time of the earner’s death she and her husband had both attained pensionable age; or
(b)he is also entitled to a Category A retirement pension by virtue of section 41(7) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
(2)For the purposes of section 42 a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled—
(a)if its commencement had not been postponed, as mentioned in section 9(4); or
(b)if there had not been made a transfer payment or transfer under regulations made by virtue of section 16 as a result of which—
(i)he is no longer entitled to guaranteed minimum pensions under the scheme by which the transfer payment or transfer was made, and
(ii)he has not become entitled to guaranteed minimum pensions under the scheme to which the transfer payment or transfer was made.
(3)Where—
(a)guaranteed minimum pensions provided for a member or the member’s widow or widower under a contracted-out scheme have been wholly or partly secured as mentioned in subsection (3) of section 15; and
(b)either—
(i)the transaction wholly or partly securing them was carried out before 1st January 1986 and discharged the trustees or managers of the scheme as mentioned in subsection (1) of that section; or
(ii)it was carried out on or after that date without any of the requirements specified in subsection (5)(a) to (c) of that section being satisfied in relation to it and the scheme has been wound up; and
(c)any company with which any relevant policy of insurance or annuity contract was taken out or entered into is unable to meet the liabilities under policies issued or securities given by it; and
(d)the combined proceeds of—
(i)any relevant policies and annuity contracts, and
(ii)any cash sums paid or alternative arrangements made under the M1Policyholders Protection Act 1975,
are inadequate to provide the whole of the amount secured,
the member and the member’s widow or widower shall be treated for the purposes of section 42 as only entitled to such part (if any) of the member’s or, as the case may be, the member’s widow’s or widower’s guaranteed minimum pension as is provided by the proceeds mentioned in paragraph (d).
(4)A policy or annuity is relevant for the purposes of subsection (3) if taking it out or entering into it constituted the transaction to which section 15 applies.
(5)For the purposes of section 42 a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled—
(a)if a lump sum had not been paid instead of that pension under provisions included in a scheme by virtue of section 17(1); or
(b)if that pension had not been forfeited under provisions included in a scheme by virtue of section 17(2).
Textual Amendments
F1Words in s. 43(1) repealed (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1)(2), Sch. 1 Pt. II para. 55, Sch. 2; S.R. 1994/450, art. 2(d), Sch. Pt. IV
Modifications etc. (not altering text)
C1S. 43(2) modified (6.4.1997) by S.R. 1996/509, reg. 6(3)
Marginal Citations