Northern Ireland Act 1998

48 Pensions of members. U.K.

(1) The Assembly may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who—

(a) has ceased to be a member of the Assembly; or

(b) has ceased to hold [F1 an office within subsection (1A)] but continues to be a member of the Assembly.

[F2 (1A) An office is within this subsection if the salary payable under section 47 to a member of the Assembly holding the office is higher than the salary payable under that section to members of the Assembly generally.]

(2) Such provision may, in particular, include provision for—

(a) contributions or payments towards provision for such pensions, gratuities or allowances;

(b) the establishment and administration (whether by the Commission or otherwise) of one or more pension schemes.

[F3 (2A) Where any salary payable to a person under section 47 is not payable because of [F4 section 47A] , any provision made under this section for the payment of pensions which has effect in relation to him shall apply as if the salary were payable.]

(3) In this section—

• “the Commission” means the Northern Ireland Assembly Commission;

• “provision” includes provision—

  (a)

  by an Act of the Assembly [F5 (which may include provision establishing an office or body, provision conferring functions on an office-holder or body and ancillary provision)] ; or

  (b)

  by a resolution of the Assembly conferring functions on the Commission.

(4) Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.

Extent Information

E1 S. 48: functions of Assembly made exercisable by Secretary of State (temp. from 12.2.2000 to 30.5.2000) by 2000 c. 1, s. 1(8), Sch. para. 9(1); S.I. 2000/396, art. 2; S.I. 2000/1445, art. 2

Textual Amendments

F1 Words in s. 48(1)(b) substituted (5.7.2010) by Northern Ireland Assembly Members Act 2010 (c. 16), ss. 2(2), 3(3); S.I. 2010/1726, art. 2

F2 S. 48(1A) inserted (5.7.2010) by Northern Ireland Assembly Members Act 2010 (c. 16), ss. 2(3), 3(3); S.I. 2010/1726, art. 2

F3 S. 48(2A) inserted (7.1.2004) by Northern Ireland (Monitoring Commission etc.) Act 2003 (c. 25), ss. 7(2), 12; S.I. 2004/83, art. 2

F4 Words in s. 48(2A) substituted (1.4.2011) by Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(g)

F5 Words in s. 48(3) inserted (5.7.2010) by Northern Ireland Assembly Members Act 2010 (c. 16), ss. 2(4), 3(3); S.I. 2010/1726, art. 2

Modifications etc. (not altering text)

C1 S. 48 restricted (12.2.2000) by 2000 c. 1, s. 1(8), Sch. para. 9(3); S.I. 2000/396, art. 2

C2 S. 48 applied (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 23(5), 87(1); S.R. 2010/113, art. 2, Sch. para. 3

C3 S. 48 modified (28.3.2018) by Northern Ireland Assembly Members (Pay) Act 2018 (c. 7), ss. 1(2), 2(2) (with s. 1(3))

C4 S. 48 modified (6.12.2022) by Northern Ireland (Executive Formation etc) Act 2022 (c. 48), ss. 10(1)(b)(6), 14(2) (with s. 10(5))