The Occupational Pension Schemes (Contracting-out) (Amendment) Regulations (Northern Ireland) 2006

Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996

2.  In regulation 60 of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996(1) (payment of a guaranteed minimum pension as a lump sum)—

(a) in paragraph (1)(b)(i)(aa) for “of that Part” there shall be substituted “of Part 1 of Schedule 29 to that Act”, and

(b) after paragraph (2) there shall be added the following paragraphs—

“(3) Subject to paragraph (4), for the purposes of section 17(1) of the Act further circumstances are where the payment of a lump sum—

(a) is authorised under section 164 of the 2004 Act(2);

(b) is permitted by the lump sum rule in section 166 of that Act, and

(c) qualifies as a serious ill-health lump sum for the purposes of paragraph 4 of Part 1 of Schedule 29 to that Act.

(4) Where—

(a) under the scheme, an earner qualifies for a lump sum payment on the ground of serious ill-health, and

(b) the scheme also provides for the payment of a guaranteed minimum pension to the widow, widower or surviving civil partner of the earner (“a survivor’s pension”),

the scheme shall continue to include provision for a survivor’s pension notwithstanding the payment of a lump sum to the earner.”.

(1)

S.R. 1996 No.493; regulation 60 was substituted by Article 28(10) of S.I. 2006/744

(2)

The definition of “2004 Act” was inserted by Article 28(2)(c) of S.I. 2006/744