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The Pensions (2008 No. 2 Act) (Abolition of Protected Rights) (Consequential Provisions) Order (Northern Ireland) 2012

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Amendment of the Employment Equality (Age) Regulations (Northern Ireland)

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25.  In paragraph 1(6) of Schedule 1 to the Employment Equality (Age) Regulations (Northern Ireland) 2006(1) (interpretation)—

(a)before the definition of “active member” insert—

“abolition date” means the day appointed for the commencement of section 13(1) of the Pensions Act (Northern Ireland) 2008(2);;

(b)for the definition of “contracted-out rights”(3) substitute—

“contracted-out rights” are such rights under, or derived from, an occupational pension scheme as fall within the following categories—

(a)

entitlement to payment of, or accrued rights to, guaranteed minimum pensions, or

(b)

section 5(2B) rights;;

(c)in the definition of “protected rights”(4) after “section 6 of 1993 Act” insert “as it had effect immediately prior to the abolition date”;

(d)in paragraph (b) of the definition of “section 5(2B) rights” in sub-paragraph (ii) after “April 1997” insert “where the transfer took place before the abolition date”.

(1)

S.R. 2006 No. 261; relevant amending Regulations are S.R. 2006 No. 453 and S.R. 2009 No. 113

(3)

The definition of “contracted-out rights” was inserted by regulation 2(3)(a)(ii)(bb) of S.R. 2006 No. 453 and amended by Article 11 of S.R. 2009 No. 113

(4)

The definitions of “protected rights” and “section 5(2B) rights” were inserted by regulation 2(3)(a)(ii)(mm) of S.R. 2006 No. 453

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