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The Pensions (Northern Ireland) Order 2005

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The Pension Schemes Act

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9.—(1) Section 90 (right to cash equivalent) is amended as follows.

(2) In subsection (2), for the definition of “the applicable rules” substitute—

“the applicable rules” means—

(a)

the rules of the scheme, except so far as overridden by a relevant legislative provision;

(b)

the relevant legislative provisions, to the extent that they have effect in relation to the scheme and are not reflected in the rules of the scheme; and

(c)

any provision which the rules of the scheme do not contain but which the scheme must contain if it is to conform with Chapter 1 of Part IV of this Act;.

(3) After that subsection insert—

(2A) For the purposes of subsection (2)—

(a)“relevant legislative provision” means any provision contained in any of the following provisions—

(i)Schedule 5 to the Social Security (Northern Ireland) Order 1989 (equal treatment for men and women);

(ii)this Chapter or Chapter 2, 3 or 5 or regulations made under this Chapter or any of those Chapters;

(iii)Part IVA or regulations made under that Part;

(iv)section 106(1);

(v)Part II of the Pensions (Northern Ireland) Order 1995 (occupational pensions) or orders or regulations made or having effect as if made under that Part;

(vi)Article 28 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (pension debits: reduction of benefit);

(vii)any provision mentioned in Article 279(2) of the Pensions (Northern Ireland) Order 2005,

(b)a relevant legislative provision is to be taken to override any of the provisions of the scheme if, and only if, it does so by virtue of any of the following provisions—

(i)paragraph 3 of Schedule 5 to the Social Security (Northern Ireland) Order 1989;

(ii)section 125(1);

(iii)Article 114(1) of the Pensions (Northern Ireland) Order 1995;

(iv)Article 28(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;

(v)Article 279(1) of the Pensions (Northern Ireland) Order 2005..

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