The Welfare Reform and Pensions (Northern Ireland) Order 1999 No. 3147 (NI. 11)

PART V N.I. PENSION SHARING

Modifications etc. (not altering text)

C1 Pt. V (arts. 24-48) power to modify conferred (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 294(d); S.R. 2006/95, art. 2(c), Sch. Pt. 3

C2 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)

CHAPTER I N.I. SHARING OF RIGHTS UNDER PENSION ARRANGEMENTS

Modifications etc. (not altering text)

C3 Pt. V Ch. I (arts. 24-43) modified (1.8.2006) by Pension Protection Fund (Pension Sharing) Regulations (Northern Ireland) 2006 (S.R. 2006/282), reg. 2(2)(a)-(c)

Indexation N.I.

Other pension schemes N.I.

37.—(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 [F1 relevant percentage increases] , so far as not exceeding[F2 the maximum percentage] per annum.

(2) [F2 Subject 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, F3 . . .

(b) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (2A) 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.

[F5 (2AA) 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—

• [F2 “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;

• [F2 “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;

• [F2 “relevant pension credit” means the pension credit to which the eligible pension credit rights F6 . . . are (directly or indirectly) attributable;]

• F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Words in art. 37(1) substituted (7.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 20(10), 34(3); S.R. 2012/233, art. 2(2)(e)

F2 2005 NI 1

F3 Art. 37(2)(b) and preceding word repealed (6.4.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 116, 118(1), Sch. 10 Pt. 2; S.R. 2009/22, art. 2(2)(d)

F4 Art. 37(2)(b) and preceding word repealed (6.4.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 116, 118(1), Sch. 10 Pt. 2; S.R. 2009/22, art. 2(2)(d)

F5 Art. 37(2AA) inserted (7.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 20(11), 34(3); S.R. 2012/233, art. 2(2)(e)

F6 Words in art. 37(3) in definition of "relevant pension credit" repealed (6.4.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 116, 118(1), Sch. 10 Pt. 2; S.R. 2009/22, art. 2(2)(d)

F7 Art. 37(3): definition of "safeguarded rights" repealed (6.4.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 116, 118(1), Sch. 10 Pt. 2; S.R. 2009/22, art. 2(2)(d)