The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations 2015

Interpretation of Part 8

35.  In this Part—

“the 1993 (NI) Act” means the Pension Schemes (Northern Ireland) Act 1993(1);

“the 2005 Order” means the Pensions (Northern Ireland) Order 2005(2);

“the Contributions and Benefits (NI) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3);

“section 5(2B) rights” are—

(a)

rights to the payment of pensions and accrued rights to pensions (other than rights attributable to voluntary contributions) under a scheme contracted-out by virtue of section 5(2B) of the 1993 (NI) Act(4), so far as attributable to an earner’s service in contracted-out employment on or after the principal appointed day(5); and

(b)

where a transfer payment has been made to such a scheme, any rights arising under the scheme as a consequence of that payment which are derived directly or indirectly from—

(i)

such rights as are referred to in paragraph (a) under another scheme contracted-out by virtue of section 5(2B) of the 1993 (NI) Act; or

(ii)

protected rights under another occupational pension scheme or under a personal pension scheme attributable to payments or contributions in respect of employment on or after the principal appointed day where that transfer payment was made before the first abolition date(6).

(1)

1993 c.49.

(2)

S.I. 2005/255 (N.I. 1).

(3)

1992 c.7.

(4)

Section 5(2B) was inserted by Article 133(3) of S.I. 1995/3213 (N.I. 22) and amended by paragraph 38(2) of Schedule 1 to S.I. 1999/671.

(5)

See section 176(1) of the 1993 (NI) Act, as amended by paragraph 42 of Schedule 13 to the Pensions Act (Northern Ireland) 2015 (c.5) (“the 2015 (NI) Act”).

(6)

See section 3A of the 1993 (NI) Act, inserted by paragraph 6 of Schedule 13 to the 2015 (NI) Act.