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The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016

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Conversion into other benefits: survivors’ benefits

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19.—(1) For the purposes of Condition 4 of section 20B of the 1993 Act (the conversion conditions), the circumstances in which, and periods during which, the converted scheme must provide survivors’ benefits are the circumstances set out in paragraph (2) and the periods set out in paragraph (3).

(2) The circumstances are—

(a)an earner’s pre-conversion benefits include a guaranteed minimum pension, and

(b)the scheme before conversion provided that—

(i)if the earner died (whether before or after attaining pensionable age) leaving a widow, widower or surviving civil partner, the widow, widower or surviving civil partner would be entitled to a guaranteed minimum pension, and

(ii)in a case where section 13(6)(1) of the 1993 Act applies, a widower’s or surviving civil partner’s guaranteed minimum pension would be payable in the circumstances set out in regulation 12(1).

(3) The periods are—

(a)for widows, widowers and surviving civil partners, any period mentioned in section 13(4A)(a), (aa), (ab) or (b) of the 1993 Act;

(b)subject to paragraph (4), for widows, widowers and surviving civil partners whose entitlement by virtue of the earner’s contributions to a widowed parent’s allowance or bereavement allowance has come to an end at a time after the widow, widower or surviving civil partner attained the age of 45, so much of the period beginning with the time when that entitlement came to an end as neither—

(i)comprises a period during which the widow, widower or surviving civil partner and—

(aa)a person of the opposite sex are living together as husband and wife, or

(bb)a person of the same sex are living together as if they were civil partners, nor

(ii)falls after the time of any—

(aa)marriage, or

(bb)formation of a civil partnership,

by the widow, widower or surviving civil partner which takes place after the earner’s death;

(c)for widows, any period for which a widowed mother’s allowance or widow’s pension is payable to the widow by virtue of the earner’s contributions, and

(d)for widowers and surviving civil partners, any period for which a scheme must make provision for the payment of a widower’s or surviving civil partner’s pension by virtue of section 13(6) of the 1993 Act and regulation 13.

(4) The following provisions do not apply where the earner died before 5th December 2005—

(a)paragraph (3)(b)(i)(bb), and

(b)paragraph (3)(b)(ii)(bb).

(1)

Section 13(6) was amended by paragraph 1(3) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 5(f) of Schedule 1 to S.R. 2005 No. 433

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