PART 7 N.I.Transfers

CHAPTER 2 N.I.Transfers values

SECTION 2 N.I.Transfers out

Right to transfer value payment N.I.

133.—(1) This Section applies to a member (M) unless M is—

(a) an active member;

(b) a pensioner member in respect of the pension to which M has become entitled; or

(c) a pension credit member in respect of rights that are directly attributable to a pension credit.

(2) If Chapter 4 of Part 4 of the 1993 Act (Transfer rights) applies to M (see section 89(1)(a) of the Act) M1 , M is entitled to require the payment of a transfer value in respect of the rights to benefit that have accrued to or in respect of M under this scheme.

(3) If Chapter 5 of that Part applies to M (see section 97AA of that Act M2 ), M is entitled to a cash transfer sum or a contribution refund in accordance with that Chapter.

(4) In any other case, M is entitled to require payment as mentioned in paragraph (2) as if the rights had accrued to or in respect of M by reference to the pensionable service M is entitled to count under this scheme (and references to M's accrued rights or benefits are to be read accordingly).

Marginal Citations

M1 Section 89(1)(a) was substituted by Article 148(2) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

M2 Section 97AA was inserted by Article 241 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/225 (N.I.11))