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The Social Security (Jersey and Guernsey) Order (Northern Ireland) 1994
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- 1994 No. 427
- SCHEDULE
- PART IV
- SECTION 2
- ARTICLE 17
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ARTICLE 17General Provisions
(1) Subject to paragraphs (2) to (4), where a person is entitled to a basic retirement pension under the legislation of any Party otherwise than by virtue of this Agreement, that pension shall be payable and Article 18 shall not apply under that legislation.
(2) Notwithstanding paragraph (1), a person entitled to a Category B retirement pension under the legislation of the United Kingdom, shall also be entitled to have any Category A retirement pension entitlement determined in accordance with Article 18.
(3) Notwithstanding paragraph (1), a married woman entitled to a retirement pension solely on her husband’s contributions under the legislation of Jersey or Guernsey shall also be entitled to have any pension entitlement based entirely on her own insurance determined in accordance with Article 18. Such a married woman shall be entitled to receive only the benefit of her choice.
(4) Entitlement to a retirement pension in the circumstances referred to in paragraph (1) shall not preclude the competent authority of any other Party from taking into account in accordance with paragraph (3) of Article 18 insurance periods completed under the legislation of any other Party
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