SCHEDULES

C2SCHEDULE 15Financial relief in the High Court or a county court etc.: Northern Ireland

Annotations:
Modifications etc. (not altering text)

Part 3Pension sharing orders on or after dissolution or nullity order

Pension sharing orders

C111

1

A pension sharing order is an order which—

a

provides that one civil partner's—

i

shareable rights under a specified pension arrangement, or

ii

shareable state scheme rights,

are to be subject to pension sharing for the benefit of the other civil partner, and

b

specifies the percentage value to be transferred.

2

Shareable rights under a pension arrangement are rights in relation to which pension sharing is available under—

a

Chapter 1 of Part 5 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), or

b

Chapter 1 of Part 4 of the Welfare Reform and Pensions Act 1999 (c. 30).

3

Shareable state scheme rights are rights in relation to which pension sharing is available under—

a

Chapter 2 of Part 5 of the 1999 Order, or

b

Chapter 2 of Part 4 of the 1999 Act.

4

In this Part “pension arrangement” means—

a

an occupational pension scheme,

b

a personal pension scheme,

c

a retirement annuity contract,

d

an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under—

i

an occupational pension scheme, or

ii

a personal pension scheme, and

e

an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under—

i

Article 26(1)(b) of the 1999 Order, or

ii

section 29(1)(b) of the 1999 Act.

5

In sub-paragraph (4)—

  • “occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (c. 49);

  • “personal pension scheme” has the same meaning as in the 1993 Act;

  • “retirement annuity contract” means a contract or scheme approved under Chapter 3 of Part 14 of the Income and Corporation Taxes Act 1988 (c. 1).