Pension Schemes (Northern Ireland) Act 1993

Part VN.I. Annual Increases of Pensions in Payment

Chapter IN.I. Pensions under Final Salary Schemes, etc.

F198

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Textual Amendments

F299

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Textual Amendments

F2Ss. 98-104 repealed (6.4.1997) by S.I. 1995/3213 (N.I. 22), arts. 119, 168, Sch. 1 para. 16, Sch. 5 Pt. I (with 118(5)(6)); S.R. 1997/192, art. 2(b)

F3100

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Textual Amendments

F4101

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Textual Amendments

F5102

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Textual Amendments

F6103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F7104

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Textual Amendments

Chapter IIN.I. Guaranteed Minimum Pensions

105 Annual increase of guaranteed minimum pensions.N.I.

(1)Whenever the Secretary of State makes an order under section 109 of the M1Pension Schemes Act 1993 specifying a percentage by which there is to be an increase of the rate of that part of guaranteed minimum pensions which is attributable to earnings factors for [F8the tax years in the relevant period as defined in that section] for—

(a)earners who have attained pensionable age; and

(b)[F9widows, widowers and surviving civil partners],

the Department may make a corresponding order for Northern Ireland.

(2)Where the benefits mentioned in section 42(1) to (7) are not increased on the day on which an order under this section takes effect, the order shall be treated for the purposes of that section as not taking effect until the day on which those benefits are next increased.

106 Requirement as to resources for annual increase of guaranteed minimum pensions.N.I.

(1)Except as permitted by [F10Article 53 of the Pensions (Northern Ireland) Order 1995], the trustees or managers of a scheme may not make an increase in a person’s pension which is required by virtue of section 105 out of money which would otherwise fall to be used for the payment of benefits under the scheme to or in respect of that person unless—

(a)the payment is to an earner in respect of the tax year in which he attains pensionable age and the increase is the one required to be made in the next tax year; or

(b)the payment is to a person as the [F11widow, widower or surviving civil partner] of an earner who died before attaining pensionable age and is in respect of the tax year in which the person became a [F11widow, widower or surviving civil partner], and the increase is the one required to be made in the next tax year.

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .