The Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998

Method of calculation where no election to pay a contributions equivalent premium may be made

3.—(1) In a case to which regulation 2(b) applies, the amount required for restoring a member’s State scheme rights shall be—

(a) in the case of a man (other than a surviving spouse member) who has not attained pensionable age on the effective date—

(b) in the case of a woman (other than a surviving spouse member) who has not attained pensionable age on the effective date—

(c) in the case of a man (other than a surviving spouse member) who has attained pensionable age on the effective date—

(d) in the case of a woman (other than a surviving spouse member) who has attained pensionable age on the effective date—

(e) in the case of a man who is a surviving spouse member—

(f) in the case of a woman who is a surviving spouse member—

where—

• X is the relevant weekly amount relating to any relevant employment after 5th April 1997;

• y₁ is the relevant weekly amount relating to any relevant employment before 6th April 1988 in a case where limited revaluation applies;

• y₂ is the relevant weekly amount relating to any relevant employment before 6th April 1988 in a case where full or fixed revaluation applies;

• z₁ is the relevant weekly amount relating to any relevant employment after 5th April 1988 and before 6th April 1997 in a case where limited revaluation applies;

• z₂ is the relevant weekly amount relating to any relevant employment after 5th April 1988 and before 6th April 1997 in a case where full or fixed revaluation applies.

(2) For the purposes of paragraph (1)—

(a) the amount of each factor (that is Factor A, B1, B2 and so on) shall be—

(i) in the case of a man (other than a surviving spouse member) who has not attained pensionable age on the effective date, the amount derived from Table 1 in Schedule 1, being the amount shown in the column below the relevant factor, in relation to the age attained by the member in the relevant tax year as specified in the first column of that Table;

(ii) in the case of a woman (other than a surviving spouse member) who has a pensionable age of 65 and has not attained that age on the effective date, the amount derived from Table 2 in Schedule 1, being the amount shown in the column below the relevant factor, in relation to the age attained by the member in the relevant tax year as specified in the first column of that Table;

(iii) in the case of a woman (other than a surviving spouse member) who has a pensionable age of 60 and has not attained that age on the effective date, the amount derived from Table 3 in Schedule 1, being the amount shown in the column below the relevant factor, in relation to the age attained by the member in the relevant tax year as specified in the first column of that Table;

(iv) in the case of a woman (other than a surviving spouse member) who has a pensionable age of between 60 and 65 and has not attained that age on the effective date, the amount derived from Table 4 in Schedule 1, being the amount shown for the relevant factor in the column below the relevant tax year, in relation to the tax year in which the member was born, as specified in the first column of that Table;

(v) in the case of an individual (other than a surviving spouse member) who has attained pensionable age on the effective date, the amount derived from Table 5 in Schedule 1, being the amount shown in the column below the relevant factor, in relation to the age attained by the member in the relevant tax year as specified in the first column of that Table;

(vi) in the case of a surviving spouse member, the amount derived from Table 6 in Schedule 1, being the amount shown in the column below the relevant factor, in relation to the age attained by the member in the relevant tax year as specified in the first column of that Table;

(b) “the relevant weekly amount” is the weekly amount, determined by the Department, representing—

(i) as regards any relevant employment after 5th April 1997, the weekly amount of additional pension to which the member would be entitled, or would have become entitled at pensionable age, in respect of that employment, if the scheme had not been a contracted-out scheme (whether by virtue of his own contributions or, in the case of a surviving spouse member, by virtue of the earner’s contributions), and

(ii) as regards any relevant employment before 6th April 1997, the member’s guaranteed minimum pension or any guaranteed minimum pension to which the member is, or would on attaining pensionable age be, treated as entitled by virtue of section 44 of the Act(1) (reduced benefits where minimum payments or minimum contributions paid) in respect of that employment,

and, for the purpose of determining those weekly amounts, except where such provision made by the scheme as is mentioned in section 12(2) of the Act (revaluation of earning factors: early leavers) applies, the earner’s earnings factors shall be taken to have been increased by reference to the last order under section 130 of the Social Security Administration (Northern Ireland) Act 1992(2) to come into operation before the end of the tax year preceding the relevant tax year;

(c) full revaluation applies where, for the purposes of determining the relevant weekly amount, the earner’s earnings factors are taken to have been increased in accordance with sub-paragraph (b);

(d) limited revaluation applies where the relevant weekly amount has been determined in accordance with any provision made by the scheme under subsection (3) of section 12 of the Act(3) (as in operation immediately before 6th April 1997) not conforming with the additional requirements referred to in that subsection;

(e) fixed revaluation applies where the relevant weekly amount has been determined in accordance with such provision as is mentioned in that subsection as in operation immediately after 5th April 1997, and

(f) the market level indicator is the amount calculated in accordance with regulation 4.

(1)

Section 44 was amended by paragraph 56 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and by Article 137(2) of the Pensions (Northern Ireland) Order 1995. See also Article 137(3) of that Order and Article 10 of S.R. 1997 No. 192 (C. 10)

(2)

1992 c. 8; section 130 was amended by paragraph 40 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 and by Article 125(3) of the Pensions (Northern Ireland) Order 1995 subject to paragraphs (4) to (6) of that Article

(3)

Section 12(3) was amended by paragraph 21(a) of Schedule 3 to the Pensions (Northern Ireland) Order 1995 but is saved for transitional purposes by Article 3 of S.R. 1997 No. 192 (C. 10)