PART 13Supplementary

CHAPTER 3Guaranteed minimum pensions

Contracting-out rights

205.—(1) This regulation applies if —

(a)P has ceased to be in employment that is contracted-out employment, within the meaning of Part 3 of the 1993 Act (certification of pension schemes and effects on members’ state scheme rights and duties), by reference to this scheme; and

(b)paragraph (2) applies

(2) This paragraph applies if either—

(a)a transfer payment in respect of all P’s rights to benefits under this scheme, except P’s rights in respect of P’s guaranteed minimum or rights under section 5(2B) of the 1993 Act (1)(requirements for certification of schemes: general) (“the person’s contracting-out rights”) has been made; or

(b)P has no rights to benefits under this scheme apart from the person’s contracting-out rights.

(3) If this regulation applies—

(a)from the date on which Preaches GMP age, P is entitled to a pension payable for life at a weekly rate equal to the person’s guaranteed minimum, if any; and

(b)from the date on which Preaches normal pension age under this scheme P is entitled to a lump sum and pension in respect of P’s rights under section 5(2B) of the 1993 Act.

(4) Despite paragraph (3) P is not to be regarded as a pensioner member of this scheme for the purpose of Part 9 (death benefits).

(1)

Subsection (2B) was inserted by the Pensions (Northern Ireland) Order 1995, No. 3213 (N.I.22) article 133(3) and amended by the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, No. 671, Sch.1 paragraph 38.