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The State Pension Regulations (Northern Ireland) 2015

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PART 5Sharing of state pension rights

Amendment of the Sharing of State Scheme Rights (Provision of Information and Valuation) Regulations

14.—(1) The Sharing of State Scheme Rights (Provision of Information and Valuation) Regulations (Northern Ireland) 2000(1) are amended in accordance with paragraphs (2) to (8).

(2) Before regulation 1 (citation, commencement and interpretation) insert—

Part 1

General.

(3) In regulation 1(2) for the definition of “shareable state scheme rights” substitute—

“the 2015 Act means the Pensions Act (Northern Ireland) 2015;

“new state scheme pension credit” is a credit under Article 46A(2)(b)(2);

“old state scheme pension credit” is a credit under Article 46(1)(b)(3);

“shareable new state scheme rights” has the meaning given by Article 44(3)(4);

“shareable old state scheme rights” has the meaning given by Article 44(2)(5);

(4) After regulation 1 insert—

Part 2

Old State Scheme Pension Credits and Debits.

(5) In regulation 2 (basic information about the sharing of state scheme rights for the purposes of divorce or dissolution of a civil partnership etc.)—

(a)for “shareable state scheme rights”, in each place, substitute “shareable old state scheme rights”; and

(b)in paragraph (3)—

(i)in sub-paragraph (a) for “state scheme rights which are shareable” substitute “shareable old state scheme rights”; and

(ii)in sub-paragraph (c) after “additional pension” insert “because of an old state scheme pension credit”.

(6) In the heading to regulation 3 and in regulation 3 (information about the sharing of state scheme rights for the purposes of divorce or dissolution of a civil partnership, etc: valuation of shareable state scheme rights) for “shareable state scheme rights”, substitute “shareable old state scheme rights”.

(7) In regulation 4 (calculation and verification of cash equivalents for the purposes of the creation of state scheme pension debits and credits)—

(a)in paragraph (a) after “credits” insert “: transferor in old state pension system or pension sharing activated before 6th April 2016”;

(b)in paragraph (c) for “pension), and” substitute “ pension because of an old state scheme pension credit);”;

(c)after paragraph (d) insert—

(e)paragraph 2 of Schedule 8 to the 2015 Act, and

(f)paragraph 2 of Schedule 10 to the 2015 Act,; and

(d)after “cash equivalents” insert “or notional rates”.

(8) After regulation 4 insert—

PART 3New State Scheme Pension Credits and Debits

Basic information about the sharing of state scheme rights and divorce or the dissolution of a civil partnership

5.(1) The requirements imposed on the Department for the purposes of Article 21(1)(a) (supply of pension information in connection with divorce etc.) are that the Department shall furnish—

(a)the information specified in paragraphs (2) and (4) to (7)—

(i)to a person who has shareable new state scheme rights on request from that person, or

(ii)to the court, pursuant to an order of the court, or

(b)the information specified in paragraph (7) to the spouse or civil partner of a person who has shareable new state scheme rights, on request from that spouse or civil partner.

(2) Except where paragraph (4) or (5) applies, the information specified in this paragraph is a valuation of the person’s shareable new state scheme rights as at the date of receipt of a request for such a valuation.

(3) Paragraphs (4) to (6) apply for the purposes of Article 21(1)(a)(iii) and in those paragraphs “relevant date” has the meaning given by section 10(3) of the Family Law (Scotland) Act 1985(6)

(4) The information specified in this paragraph is a valuation of the person’s shareable new state scheme rights as at the relevant date, where the relevant date is on or after 6th April 2016.

(5) The information specified in this paragraph is a valuation of the person’s previous shareable old state scheme rights as at the relevant date, where the relevant date is before 6th April 2016 and the request for a valuation is received on or after 6th April 2016.

(6) The information specified in this paragraph is the amount of the person’s former entitlement to a category A retirement pension by virtue of section 44(3)(b)(7) as at the relevant date and immediately before 6th April 2016, where the relevant date is before 6th April 2016 and the request for information about that amount is received on or after 6th April 2016.

(7) The information in this paragraph is an explanation of—

(a)the shareable new state scheme rights;

(b)how a pension sharing order or provision will affect a person’s shareable new state scheme rights;

(c)how a pension sharing order or provision in respect of a person’s shareable new state scheme rights will result in the spouse or civil partner of the person who has shareable new state scheme rights becoming entitled to an amount because of a new state scheme pension credit; and

(d)how any amount in sub-paragraph (c) differs from an amount of shared additional pension because of an old state scheme pension credit.

(8) The Department shall furnish the information specified in paragraphs (2) and (4) to (7) to the court, or, as the case may be, to the person who has shareable new state scheme rights within—

(a)3 months beginning with the date the Department receives the request or, as the case may be, the order for the provision of that information;

(b)6 weeks beginning with the date the Department receives the request or, as the case may be, the order for the provision of the information, if the person who has shareable new state scheme rights has notified the Department by the date the Department receives the request or order that the information is needed in connection with proceedings commenced under any of the provisions referred to in Article 21(1)(a); or

(c)such shorter period specified by the court in an order requiring the Department to provide a valuation in accordance with paragraph (2), (4) or (5) or an amount in accordance with paragraph (6).

(9) Where—

(a)the request made by the person with shareable new state scheme rights for, or the court order requiring, the provision of information does not include a request or, as the case may be, an order for a valuation under paragraph (2), (4) or (5) or an amount under paragraph (6); or

(b)the spouse or civil partner of the person with shareable new state scheme rights requests the information specified in paragraph (7),

the Department shall furnish that information to the person who has shareable new state scheme rights, that person’s spouse or civil partner, or the court, as the case may be, within one month beginning with the date the Department receives the request or the court order for the provision of that information.

Information about the sharing of state scheme rights on divorce or dissolution of a civil partnership etc.: valuation of shareable old or new state scheme rights

6.  Where an application for financial relief or financial provision under any of the provisions referred to in Article 21(1)(a) has been made or is in contemplation, the valuation of shareable old or new state scheme rights shall be calculated and verified for the purposes of regulation 5(2), (4) and (5) in accordance with guidance from time to time prepared by the Government Actuary..

(1)

S. R. 2000 No. 362. Regulation 2 and the heading to regulations 2 and 3 were amended by paragraph 7 of Schedule 1 to S.R. 2005 No. 536

(2)

Article 46A was inserted by paragraph 12 of Schedule 11 to the Pensions Act (Northern Ireland) 2015

(3)

Article 46(1) was substituted by paragraph 11 of Schedule 11 to the Pensions Act (Northern Ireland) 2015

(4)

Article 44(3) was inserted by paragraph 9(4) of Schedule 11 to the Pensions Act (Northern Ireland) 2015

(5)

Article 44(2) was amended by paragraph 9(3) of Schedule 11 to the Pensions Act (Northern Ireland) 2015

(6)

1985 c. 37; section 10(3) was amended by paragraph 16(4) of Schedule 28 to the Civil Partnership Act 2004

(7)

Section 44(3) was amended by paragraph 3 of Schedule 15 to Pensions Act (Northern Ireland) 2015

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