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1. These Regulations may be cited as the Teachers’ Pension Scheme (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016 and shall come into operation as provided by regulation 2.
2. Regulations 3 and 4 come into operation on the same day as paragraph 38 of Schedule 13 to the Pensions Act (Northern Ireland) 2015(1) comes into operation. On that day regulation 9 of the Teachers’ Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015(2) ceases to have effect.
3. In these Regulations—
“the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993(3);
“the new scheme” means the pension scheme established by regulation 2 of the Teachers’ Pension Scheme Regulations (Northern Ireland) 2014(4);
“the old scheme” means the scheme constituted by Regulations made under Article 11 of the Superannuation (Northern Ireland) Order 1972(5).
4. After regulation 9 of the Teachers’ Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 insert—
9A.—(1) Chapter 3 of Part 4 of the 1993 Act (protection for early leavers: protection of increases in guaranteed minimum pensions (“anti-franking”)) is modified as follows.
(2) In the application of that Chapter to P as a member of the old scheme—
(a)in the section 83(1)(a)(i) (general protection principle), the reference to the time when P ceases to be in pensionable service under a scheme that was, before the second abolition date, a salary-related contracted-out scheme is to be taken as a reference to the time when P ceases to be in pensionable service in relation to the new scheme; and
(b)subsequent references to “the cessation date” are to be construed accordingly.”
Sealed with the Official Seal of the Department of Education on 9th March 2016