The Pensions (2015 Act) (Pension Sharing on Divorce etc.) (Transitional Provision) Order (Northern Ireland) 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This is the first transitional provision Order made in respect of Part 1 of the Pensions Act (Northern Ireland) 2015. It makes transitional provision in relation to the coming into operation on 6th April 2016 of sections 13 to 15 of, and Schedules 8 to 11 to, that Act. These provisions allow for the continuation of state pension sharing on divorce or nullity of a marriage or dissolution or annulment of a civil partnership for people who reach state pension age on or after 6th April 2016 and are entitled to the new state pension at the transitional rate. This Order also makes provision for existing legislation to distinguish between rights to an old state pension which are shareable and rights to a new state pension which are shareable.

The transitional provision in this Order has the effect that where proceedings involving the sharing of state pension on divorce or nullity of a marriage or dissolution or annulment of a civil partnership have been issued before 6th April 2016, the existing legislation, that is, Article 46 of the Welfare Reform and Pensions (Northern Ireland) Order 1999, shall apply to those proceedings, rather than Article 46A of that Order.