Social Security (Northern Ireland) Act 1975 (c. 15)

SCHEDULES

SCHEDULE 10 N.I.

Modifications etc. (not altering text)

C1 Certain functions transferred by S.R. 1976/281, art. 3, Sch., S.I. 1982/338 (N.I. 6) arts. 3, 4(1) and Social Security Act 1986 (c. 50 SIF 113:1) s. 82, Sch. 9 Pt. III para. 10

C2 Power to amend Sch. 10 conferred by S.I. 1986/1888 (N.I. 18), arts. 18(3), 79(1)(6)

Commissioners’ pensions: supplementary N.I.

[F1 7A (1) The provisions regulating the pensions which may be recieved under paragraph 6 are to take effect subject to the modifications contained in this paragraph. N.I.

(2) In this paragraph—

• “ Commissioners’ pension scheme ” means the occupational pension scheme constituted by this Act and the Judicial Pensions Act (Northern Ireland) 1951;

• “ election ” means an election made under sub-paragraph (3);

• F2 ...F2 ...F2 ...F2 ...F2 ...

(3) A person who is eligible for a pension in respect of his office as a Commissioner shall while in that office:

(a) be deemed to be a member of the Commisioners’ pension scheme except during such time as an election is in force in respect of him; and

[F3 (b) be entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the Commissioners' pension scheme, to take effect on a date not less than one month after the date on which it was served.]

(4) At any time after a person has made an election and while he continues to hold office as a Commissioner:

(a) he may make a written application to the Lord Chancellor requesting admission to membership of the Commissioners’ pension scheme; and

(b) the Lord Chancellor may, if satisfied that the applicant is in good health, admit him to that scheme on a date not less than three months after the date on which the application was served; and

(c) upon the date of the applicant’s admission to the Commissioners’ pension scheme, his election shall cease to be in force.

(5) An applicant under sub-paragraph (4) shall supply such evidence relating to his health as the Lord Chancellor may reasonably require and shall submit to any medical examination reasonably specified by the Lord Chancellor.

(6) The Lord Chancellor shall notify an applicant under sub-paragraph (4) of his decision in writing within three months after the date on which the application was served.

(7) Subject to the provisions of sub-paragraph (4), an election shall be irrevocable.

(8) An election shall not affect its maker’s eligibility for a pension which accrued under a judicial pension scheme before that election came into force.

(9) While an election remains in force in respect of a person, his service shall not be counted as service or relevant service in computing the pension for which he is eligible under any judicial pension scheme.]

Textual Amendments

F1 Para. 7A inserted by S.R. (N.I.) No. 1989/100, reg. 5 Sch. 4.

F2 Words in Sch. 10 para. 7A(2) omitted (19.12.2003) by virtue of The Election Against Benefits Regulations (Northern Ireland) 2003 (S.R. 2003/482), regs. 1(1), 4(2)(a)

F3 Sch. 10 para. 7A(3)(b) substituted (19.12.2003) by The Election Against Benefits Regulations (Northern Ireland) 2003 (S.R. 2003/482), regs. 1(1), 4(2)(b)

Modifications etc. (not altering text)

C3 Para. 7A excluded by Social Security Administration (Northern Ireland) Act 1992 (c. 8, SIF 113:1), ss. 39, 41, 48–50 Sch. 2 para. 1(6)

C4 Sch. 10 para. 7A: power to modify conferred (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, Sch. 5 Pt. II para. 17(2)(3)(h); S.R. 1994/17, art. 2

C5 Sch. 10 para. 7A(3) modified (31.3.1995) by 1993 c. 8, ss. 13(8)(9)(f); S.I. 1995/631, art. 2