SCHEDULES

SCHEDULE 4Rights to transfer benefits

PART 2Northern Ireland amendments

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

61

(1)

Section 97F (power to give transfer notice) is amended as follows.

(2)

In subsection (1), for “pension credit benefit” substitute “ pension credit rights ”.

(3)

After subsection (3) insert—

“(3A)

An eligible member who has pension credit rights in relation to more than one category of benefits under the scheme may exercise the power to give a transfer notice in relation to the pension credit rights in relation to any one or more of those categories.”

(4)

For subsection (4) substitute—

“(4)

The cash equivalent for the purposes of subsection (1) shall—

(a)

in a case where the pension credit rights relate to a category of benefits other than money purchase benefits, be taken to be the amount shown in the relevant statement under section 97H, and

(b)

in a case where the pension credit rights relate to money purchase benefits, be determined by reference to the date the notice under that subsection is given.”

(5)

For subsection (6A) substitute—

“(6A)

Regulations may—

(a)

provide for this Chapter not to apply in relation to a person of a prescribed description;

(b)

provide for this Chapter not to apply in prescribed circumstances in relation to a member of a prescribed scheme or schemes of a prescribed description;

(c)

modify the application of this Chapter in relation to a member who has accrued rights to benefits of a prescribed description.

(6B)

In this Chapter a reference to a “category” of benefits is to one of the following three categories—

(a)

money purchase benefits;

(b)

flexible benefits other than money purchase benefits;

(c)

benefits that are not flexible benefits.”