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The Welfare Reform and Pensions (Northern Ireland) Order 1999

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This is the original version (as it was originally made).

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

17.  The Pension Schemes Act has effect subject to the following amendments.

18.  In section 46(1)—

(a)in paragraph (a), at the end there is inserted—

(iii)of safeguarded rights under the scheme;,

(b)in paragraph (b), after “protected” there is inserted “, or safeguarded,”.

19.—(1) Section 48 is amended as follows.

(2) In subsection (2A), at the end there is inserted—

(c)any persons who have safeguarded rights under the scheme or are entitled to any benefit giving effect to safeguarded rights under it..

(3) In subsection (3)(b), after “protected”, in both places where that word occurs, there is inserted “, or safeguarded,”.

20.—(1) Section 79 is amended as follows.

(2) In subsection (1), before “benefits”, in both places, there is inserted

  • “relevant”.

(3) After that subsection there is inserted—

(1A) The following are relevant benefits for the purposes of subsection (1)—

(a)any benefits payable otherwise than by virtue of rights which are attributable (directly or indirectly) to a pension credit, and

(b)in the case of a salary related occupational pension scheme, any benefits payable by virtue of such rights, to the extent that the rights involve the member being credited by the scheme with notional pensionable service..

(4) At the end there is added—

(4) For the purposes of this section, an occupational pension scheme is salary related if—

(a)it is not a money purchase scheme, and

(b)it does not fall within a prescribed class..

21.  In section 81, after “69(2)(b)” there is inserted “or 97D(2)(b)”.

22.  In section 89, after subsection (1) there is inserted—

(1ZA) In subsection (1), references to accrued rights to benefit do not include rights which are attributable (directly or indirectly) to a pension credit..

23.  In section 89A, after subsection (1) there is inserted—

(1A) In subsection (1), the reference to benefits which have accrued does not include benefits which are attributable (directly or indirectly) to a pension credit..

24.  In section 90, after subsection (1A) there is inserted—

(1B) In subsection (1), references to benefits which have accrued do not include benefits which are attributable (directly or indirectly) to a pension credit..

25.  In section 92, there is added at the end—

(4) Where a member of an occupational pension scheme or a personal pension scheme—

(a)is entitled to give a notice under section 97F(1) to the trustees or managers of the scheme, or

(b)would be entitled to do so, but for section 97G(1),

he may not, if the scheme so provides, make an application to them under section 91 unless he also gives them a notice under section 97F(1)..

26.—(1) Section 94 is amended as follows.

(2) In subsection (5)—

(a)after “part of the” there is inserted “relevant”, and

(b)for “any of the benefits mentioned in that section” there is substituted “benefits”.

(3) In subsection (8), after “this section” there is inserted—

“relevant benefits” means any benefits not attributable (directly or indirectly) to a pension credit; and.

27.—(1) Section 96 is amended as follows.

(2) In subsection (1), for “subsection (2)” there is substituted

  • “subsections (2) and (2A)”.

(3) After subsection (2) there is inserted—

(2A) If the making of the application depended on the giving of a notice under section 97F(1), the application may only be withdrawn if the notice is also withdrawn..

28.—(1) Section 125 is amended as follows.

(2) In subsection (1), after “Part IV,” there is inserted “Chapters I and II of Part IVA,”.

(3) In subsection (2), for “does” there is substituted “and Chapter II of Part IVA do”.

29.—(1) Section 173 is amended as follows.

(2) The words “or of” are omitted.

(3) At the end there is inserted “, Article 27D of the Matrimonial Causes (Northern Ireland) Order 1978 or Part IV or V of the Welfare Reform and Pensions (Northern Ireland) Order 1999”.

30.  In section 176(1)—

(a)after the definition of “occupational pension scheme” there is inserted—

“pension credit” means a credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;,

(b)after the definition of “rights” there is inserted—

  • “safeguarded rights” has the meaning given in section 64A,.

31.  In section 178(3), for “and 93(1)” there is substituted “93(1) and 97I”.

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