Search Legislation

Pension Schemes Act (Northern Ireland) 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 39

 Help about opening options

Alternative versions:

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Pension Schemes Act (Northern Ireland) 2016, Section 39. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Extension of preservation of benefit under occupational pension schemesN.I.

This section has no associated Explanatory Notes

39—(1) Part 4 of the Pension Schemes Act (protection for early leavers) is amended as follows.

(2) In section 67 (basic principle as to short service benefit)—

(a)in subsection (1), for paragraph (aa) (but not the “or” at the end) substitute—

(aa)he has at least 30 days' qualifying service and, if he were entitled to benefit because of this paragraph, all of it would necessarily be benefit falling within subsection (1A),;

(b)after subsection (1) insert—

(1A) The following fall within this subsection—

(a)collective benefits;

(b)benefits calculated otherwise than by reference to the member's salary..

(3) In section 66 (interpretation of Chapter 1: preservation requirements), in subsection (1)—

(a)after the definition of “relevant employment” insert—

benefits”, in relation to a member of a scheme, means—

(a)retirement benefit for the member at normal pension age,

(b)benefit for the member's wife, husband, civil partner, widow, widower, surviving civil partner or dependants or others on the member's attaining normal pension age or the member's later death, or

(c)both such descriptions of benefit;;

(b)in the definition of “long service benefit” omit the words from “and in this definition “benefits” means” to the end of the definition.

(4) In section 67, for subsections (7) to (11) substitute—

(7) In subsection (1), “2 years' qualifying service” or (as the case may be) “30 days' qualifying service” means a period of service of the relevant duration in which the member was at all times employed either—

(a)in pensionable service under the scheme, or

(b)in service in employment which was contracted-out by reference to the scheme, or

(c)in linked qualifying service under another scheme.

(8) For the purposes of subsection (7)—

(a)a period of service may consist of a single period or two or more periods, continuous or discontinuous;

(b)no regard is to be had to whether or not the service was of the same description throughout the period of service.

(9) A period of service previously terminated is not to count towards the 2 years' or (as the case may be) 30 days' qualifying service unless it counts towards qualification for long service benefit, and need then count only to the same extent and in the same way.

(10) Subsection (1)(aa) does not apply in relation to a person's membership of a scheme if—

(a)in a case where the benefit would necessarily all be money purchase benefit, any period of relevant service began before the day on which section 35 of the Pensions Act (Northern Ireland) 2015 came into operation (whether or not it also ended before that date);

(b)in any other case, any period of relevant service began before the day on which section 39 of the Pension Schemes Act (Northern Ireland) 2016 came into operation (whether or not it also ended before that date).

Relevant service” means service that counts towards the 30 days' qualifying service for the purposes of subsection (1)(aa)..

(5) In section 70 (computation of short service benefit), in subsections (3) and (4), after “so much of any benefit” insert “ , other than collective benefit, ”.

(6) In section 35 of the Pensions Act (Northern Ireland) 2015, omit subsections (2) and (3) which are no longer needed given the earlier provisions of this section.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources