The Pensions (Northern Ireland) Order 2005

Pension benefits postponed at assessment date N.I.

5.—(1) Compensation is payable in accordance with this paragraph where immediately before the assessment date— N.I.

(a) a person is entitled to present payment of a pension under the admissible rules of the scheme,

(b) payment of that pension is postponed, and

(c) he has attained normal pension age in relation to the pension.

(2) That person ( “the postponed pensioner”) is entitled to periodic compensation in respect of that pension ( “the pension”) commencing at the assessment date and continuing for life or, in a case to which sub-paragraph (7) applies, until such time as entitlement to the pension would have ceased under the admissible rules.

(3) The annual rate of the periodic compensation is 100% of the aggregate of—

(a) the protected pension rate, F1 ...

[F2 (aa) if the commencement of periodic compensation under this paragraph has been postponed for any period by virtue of paragraph 25A, the amount of the actuarial increase under that paragraph, and]

(b) any increases under paragraph 28 (annual increases in periodic compensation).

(4) In sub-paragraph (3) “the protected pension rate” means what would have been the annual rate of the pension, under the admissible rules, if the postponement of payment had ceased immediately before the assessment date.

F3 F4 (5 )F3  In determining for the purposes of sub-paragraph (4) the annual rate of the pension immediately before the assessment date, any recent discretionary increase is to be disregarded if paragraph [F5 35(3A)] applies [F6 to the scheme].

(6) Where the pension is attributable (directly or indirectly) to a pension credit, the reference in sub-paragraph (1)(c) to “normal pension age” is to be read as a reference to “normal benefit age”.

(7) This sub-paragraph applies where the pension was not attributable to—

(a) the postponed pensioner's pensionable service, or

(b) (directly or indirectly) to a pension credit to which the postponed pensioner became entitled under Article 26(1)(b) of the 1999 Order.

(8) This paragraph is subject to—

(a) paragraph 24 (commutation), and

(b) paragraph 30 (power of Department to change percentage rates by order).

F1 Word in Sch. 6 para. 5(3)(a) omitted (27.3.2013) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 23(1)(a); S.R. 2013/83, art. 2(b)(ii)

F2 Sch. 6 para. 5(3)(aa) inserted (27.3.2013) by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 23(1)(b); S.R. 2013/83, art. 2(b)(ii)

F3 mod. by SR 2005/149

F4 mod. by SR 2005/171

F5 Word in Sch. 6 para. 5(5) substituted (7.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 37(3); S.R. 2012/233, art. 2(2)(k)(v)

F6 Words in Sch. 6 para. 5(5) added (1.4.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 100, 118(1), Sch. 6 para. 3; S.R. 2009/147, art. 2(a)(i)(b)

6.—(1) This paragraph applies where the postponed pensioner— N.I.

(a) dies on or after the assessment date,

(b) the pension was attributable—

(i) to the postponed pensioner's pensionable service, or

(ii) (directly or indirectly) to a pension credit to which the postponed pensioner became entitled under Article 26(1)(b) of the 1999 Order.

(2) Subject to sub-paragraph (4), the postponed pensioner's widow or widower is entitled to periodic compensation commencing on the day following the postponed pensioner's death and continuing for life.

(3) The annual rate of the periodic compensation at any time is half of the annual rate of the periodic compensation (including [F7 any actuarial increase under paragraph 25A and] any increases under paragraph 28) to which the postponed pensioner would at that time have been entitled under paragraph 5 in respect of the pension had the postponed pensioner not died.

[F8 (3A) If, on the day the postponed pensioner (“P”) died, commencement of P's periodic compensation under paragraph 5 was postponed by virtue of paragraph 25A, assume for the purposes of sub-paragraph (3) that the periodic compensation commenced immediately before the date of P's death.]

(4) The postponed pensioner's widow or widower is not entitled to periodic compensation under this paragraph in such circumstances as may be prescribed.

(5) In this paragraph “the postponed pensioner” and “the pension” are to be construed in accordance with paragraph 5.

F7 Words in Sch. 6 para. 6(3) inserted (27.3.2013) by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 24(1)(a); S.R. 2013/83, art. 2(b)(ii)

F8 Sch. 6 para. 6(3A) inserted (27.3.2013) by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 24(1)(b); S.R. 2013/83, art. 2(b)(ii)

7.—(1) Compensation is payable in accordance with this paragraph where immediately before the assessment date— N.I.

(a) a person is entitled to present payment of a lump sum under the admissible rules of the scheme ( “the scheme lump sum”),

(b) payment of that lump sum is postponed, and

(c) he has attained normal pension age in relation to the lump sum.

(2) That person is entitled to compensation in the form of a lump sum of an amount equal to 100% of [F9 the aggregate of—

(a) the amount of the scheme lump sum which would have been payable had the postponement ceased immediately before the assessment date, and

(b) if the payment of compensation under this paragraph has been postponed for any period by virtue of paragraph 25A, the amount of the actuarial increase under that paragraph.]

(3) The compensation is payable at the assessment date.

(4) Where the scheme lump sum is attributable (directly or indirectly) to a pension credit, the reference in sub-paragraph (1)(c) to “normal pension age” is to be read as a reference to “normal benefit age”.

(5) This paragraph does not apply in relation to a lump sum to which a person is entitled by reason of commuting any part of a pension under the scheme.

(6) This paragraph is subject to paragraph 30 (power of Department to change percentage rates by order).

F9 Words in Sch. 6 para. 7(2) substituted (27.3.2013) by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 23(2); S.R. 2013/83, art. 2(b)(ii)