C2C3PART VPENSION SHARING

Annotations:
Modifications etc. (not altering text)
C3

Pt. V (arts. 24-48) power to modify conferred (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 115(2)(c), 118(2)(g)

C1CHAPTER ISHARING OF RIGHTS UNDER PENSION ARRANGEMENTS

Annotations:
Modifications etc. (not altering text)

Indexation

Other pension schemes37

1

The Department may by regulations make provision for a pension to which paragraph (2) applies to be increased, as a minimum, by reference to F6relevant percentage increases , so far as not exceedingF1 the maximum percentage per annum.

2

F1Subject to paragraph (2A), this paragraph applies to—

a

a pension provided to give effect to eligible pension credit rights of a member under a qualifying occupational pension scheme, F2. . .

b

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12A

Paragraph (2) does not apply to pensions which—

a

are money purchase benefits, and

b

become pensions in payment on or after the commencement day.

F72AA

In paragraph (1) “relevant percentage increases” means percentage increases estimated by the Secretary of State from time to time for the purposes of paragraph 2(3)(a) of Schedule 3 to the Pension Schemes Act 1993 for revaluation periods of 12 months.

2B

For the purposes of paragraph (1) the “maximum percentage” means—

a

5 per cent. in a case where—

i

the pension is in payment before the commencement day, or

ii

the pension is not in payment before the commencement day but the entitlement to the relevant pension credit arose before that day, and

b

2.5 per cent. in a case where the entitlement to the relevant pension credit arises on or after the commencement day.

3

In this Article—

  • F1“commencement day” means the day appointed for the coming into operation of Article 257 of the Pensions (Northern Ireland) Order 2005 (amendments to Article 37);

  • “eligible”, in relation to pension credit rights, means of a description prescribed by regulations made by the Department;

  • F1“money purchase benefit” has the meaning given by section 176(1) of the Pension Schemes Act;

  • “pension credit rights”, in relation to an occupational pension scheme, means rights to future benefits under the scheme which are attributable (directly or indirectly) to a credit under Article 26(1)(b) or under section 29(1)(b) of the Welfare Reform Act;

  • “qualifying occupational pension scheme” means an occupational pension scheme which is not a public service pension scheme;

  • F1“relevant pension credit” means the pension credit to which the eligible pension credit rights F4. . . are (directly or indirectly) attributable;

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .