- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (12/04/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/08/2022
Point in time view as at 12/04/2022. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Pension Schemes (Northern Ireland) Act 1993, Section 97AI is up to date with all changes known to be in force on or before 04 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A member of an occupational pension scheme loses any right acquired by him under section 97AB—
(a)if the scheme is wound up, or
(b)subject to subsection (2), if he fails to exercise the right on or before the reply date.
(2)If the member has failed to exercise any such right on or before the reply date, the trustees or managers of the scheme may allow him to exercise it on or before such later date as they may determine on the application of the member.
(3)Where the trustees or managers determine a later date under subsection (2)—
(a)they must give a notice in writing to that effect to the member, and
(b)subsection (1)(b) applies in relation to the member as if the reference to the reply date were a reference to the later date.
(4)For the purposes of section 24(1) of the Interpretation Act (Northern Ireland) 1954 (service of documents) in its application to this section and sections 97AC(2) and 97AD(2)—
(a)omit the word “registering”, and
(b)the last known address of any person is his latest address known to the trustees or managers of the scheme.
(5)This Chapter is subject to any provision made by or under section 57 (deduction of contributions equivalent premium from refund of scheme contributions)—
(a)permitting any amount to be deducted from any payment of a contribution refund, or
(b)requiring the payment of a contribution refund to be delayed.
(6)In this Chapter, except where the context otherwise requires, the following expressions have the following meanings—
“the applicable rules” means—
the rules of the scheme, except so far as overridden by a relevant legislative provision,
the relevant legislative provisions, to the extent that they have effect in relation to the scheme and are not reflected in the rules of the scheme, and
any provision which the rules of the scheme do not contain but which the scheme must contain if it is to conform with the requirements of Chapter 1;
“member” has the meaning given in section 97AA(5);
“permitted way”, in relation to a cash transfer sum, means any of the ways specified in section 97AE(2) in which the sum may be used;
“relevant benefits” means benefits which are not attributable (directly or indirectly) to a pension credit;
“reply date”, in relation to a member whose pensionable service has terminated, has the meaning given in section 97AC(3)(c).
(7)For the purposes of subsection (6)—
(a)“relevant legislative provision” means any provision contained in any of the following provisions—
(i)Schedule 5 to the Social Security (Northern Ireland) Order 1989 (equal treatment for men and women);
(ii)this Chapter or Chapter 2, 3 or 4 or regulations made under this Chapter or any of those Chapters;
(iii)Part IVA or regulations made under that Part;
(iv)section 106(1);
(v)Part II of the Pensions (Northern Ireland) Order 1995 (occupational pensions) or orders or regulations made or having effect as if made under that Part;
(vi)Article 28 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (pension debits: reduction of benefit);
(vii)any provision mentioned in Article 279(2) of the Pensions (Northern Ireland) Order 2005;
[F2(viii)section 61 of the Pension Schemes Act 2015;
(ix)regulations made under section 62 or 63 of the Pension Schemes Act 2015;]
[F3(xi)regulations made under Schedule 18 to the Pensions Act (Northern Ireland) 2015;]
[F4(xia)sections 21, 23, 26, 28, 29 and 33 of and Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021;]
[F5(xii)regulations made under section 69(4) of or paragraph 1(6) of Schedule 5 to the Pension Schemes Act 2021;
(xiii)sections 85, 90, 92, 93 and 96 of the Pension Schemes Act 2021;]
(b)a relevant legislative provision is to be taken to override any of the provisions of the scheme if, and only if, it does so by virtue of any of the following provisions—
(i)paragraph 3 of Schedule 5 to the Social Security (Northern Ireland) Order 1989;
(ii)section 125(1);
(iii)Article 114(1) of the Pensions (Northern Ireland) Order 1995;
(iv)Article 28(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;
(v)Article 279(1) of the Pensions (Northern Ireland) Order 2005.]
[F6(vi)section 61(3) of the Pension Schemes Act 2015;
(vii)regulations made under section 62(4) or 63(4) of the Pension Schemes Act 2015.]
[F7(ix)regulations made under paragraph 6 of Schedule 18 to the Pensions Act (Northern Ireland) 2015.]
[F8(ixa)sections 21(7), 23(7), 26(9), 28(6), 29(2) and 33(5) of and paragraph 1(7) of Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021.]
[F9(x)sections 69(7)(b), 85(5), 90(6), 92(6), 93(2) and 96(5) of and paragraph 1(7) of Schedule 5 to the Pension Schemes Act 2021.]
Textual Amendments
F1Pt. 4 Ch. 5 inserted (1.1.2006 for specified purposes, 6.4.2006 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 241 (with art. 285(5)); S.R. 2005/543, art. 2(5), Sch. Pt. 5
F2S. 97AI(7)(a)(ix)(viii) inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), ss. 66(1)(a), 89(3)(b) (with s. 87)
F3S. 97AI(7)(a)(ix) inserted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 18 para. 9(4)(b); S.R. 2015/307, art. 2(1)(n)
F4S. 97AI(7)(a)(xia) inserted (10.8.2021) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(1)(c), Sch. 3 para. 3(a)
F5S. 97AI(7)(a)(xii)(xiii) inserted (11.2.2021 for specified purposes) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 6 para. 3(a)
F6S. 97AI(7)(b)(vi)(vii) inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), ss. 66(1)(b), 89(3)(b) (with s. 87)
F7S. 97AI(7)(a)(xi) inserted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 18 para. 9(4)(a); S.R. 2015/307, art. 2(1)(n)
F8S. 97AI(7)(b)(ixa) inserted (10.8.2021) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(1)(c), Sch. 3 para. 3(b)
F9S. 97AI(7)(b)(x) inserted (11.2.2021 for specified purposes) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 6 para. 3(b)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys