- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (06/04/2012)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 13/01/2020
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Pension Schemes (Northern Ireland) Act 1993, Section 43 is up to date with all changes known to be in force on or before 06 September 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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(1)F1The 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 [F2or surviving civil partner] of an earner [F3 in any case where he is entitled to a benefit other than a widowed parent's allowance ] . . . only if—
[F4(a)he is also entitled to a Category B retirement pension by virtue of the earner's contributions (or would be so entitled but for section 43(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992); or]
(b)he is also entitled to a Category A retirement pension by virtue of [F5 section 41(5) of that Act ] .
(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 [F6widow, widower or surviving civil partner] 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 [F7Financial Services Compensation Scheme] ,
are inadequate to provide the whole of the amount secured,
the member and the member’s [F6widow, widower or surviving civil partner] 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 [F8widow's, widower’s or surviving civil partner'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).
[F9(6)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 but for [F10 section 10(2A) and ] any reduction under section 11A.]
[F11(7)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 but for any order under Article 315A of the Insolvency (Northern Ireland) Order 1989 (recovery of excessive pension contributions).]
[F12(8)For the purposes of section 42, a person shall be treated as entitled to a guaranteed minimum pension to which he would have been entitled but for the fact that the trustees or managers were discharged from their liability to provide that pension on the Board of the Pension Protection Fund assuming responsibility for the scheme.]
[F13(9)For the purposes of section 42, a person shall be treated as entitled to a guaranteed minimum pension to which, in the opinion of the Commissioners for Her Majesty's Revenue and Customs, he would have been entitled but for the amendment of a scheme so that it no longer contains the guaranteed minimum pension rules.
(10)Where the earner's accrued rights have been transferred after the amendment of the scheme, in making the calculation under subsection (9) the Commissioners shall assume the application of section 12(1) after the transfer.
(11)In making the calculation under subsection (9) the Commissioners shall ignore any effect of the scheme being wound up.]
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
F2Words in s. 43(1) inserted (5.12.2005) by The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005 (S.R. 2005/433), art. 1(3), Sch. 1 para. 15(a)
F3Words in s. 43(1) inserted (14.1.2003) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 18(a), 21(2); S.R. 2002/366, art. 2(2)
F4S. 43(1)(a) substituted (14.1.2003) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 18(b), 21(2); S.R. 2002/366, art. 2(2)
F5Words in s. 43(1)(b) substituted (14.1.2003) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 18(c), 21(2); S.R. 2002/366, art. 2(2)
F6Words in s. 43(3) substituted (5.12.2005) by The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005 (S.R. 2005/433), art. 1(3), Sch. 1 para. 15(b)(i)
F7Words in s. 43(3)(d) substituted (3.7.2002) by Financial Services and Markets Act 2000 (Consequential Amendments) Order 2002 (S.I. 2002/1555), art. 20
F8Words in s. 43(3) substituted (5.12.2005) by The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005 (S.R. 2005/433), art. 1(3), Sch. 1 para. 15(b)(ii)
F9S. 43(6) added (1.12.1999 for certain purposes and otherwise 1.12.2000) by S.I. 1999/3147 (N.I. 11), arts. 1(5)(a), 29(4); S.R. 2000/133, art. 2(3), Sch. Pt. IV
F10Words in s. 43(6) inserted (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 23(4); S.I. 2003/120, art. 2, Sch. (with arts. 3 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
F11S. 43(7) added (1.12.1999 for certain purposes and 6.4.2002 otherwise) by S.I. 1999/3147 (N.I. 11), art. 17, Sch. 2 para. 5 (with transitional provisions in art. 75(1)); S.R. 2002/25, art. 2(b)
F12S. 43(8) added (6.4.2006) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 149(3) (with art. 285(5)); S.R. 2006/95, art. 2(c), Sch. Pt. 3
F13S. 43(9)-(11) added (3.3.2009 for specified purposes, 6.4.2009 in so far as not already in force) by Pensions Act (Northern Ireland) 2008 (c. 1), ss. 12(5), 21(1); S.R. 2009/75, art. 2(a)(b)
Modifications etc. (not altering text)
C1S. 43(2) modified (6.4.1997) by S.R. 1996/509, reg. 6(3)
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