http://www.legislation.gov.uk/nisi/1995/3213/article/89The Pensions (Northern Ireland) Order 1995texttext/xmlenStatute Law Database2026-10-08Expert Participation2026-07-31 PART II<SmallCaps>Occupational Pensions</SmallCaps>Assignment, forfeiture, bankruptcy, <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation>,Inalienability of occupational pension891Subject to paragraph (5), where a person is entitled to a pension under an occupational pension scheme or has a right to a future pension under such a schemeathe entitlement or right cannot be assigned, commuted or surrendered,bthe entitlement or right cannot be charged or a lien exercised in respect of it, andcno set-off can be exercised in respect of it,and an agreement to effect any of those things is unenforceable.2Where by virtue of this Article a person's entitlement to a pension under an occupational pension scheme, or right to a future pension under such a scheme, cannot, apart from paragraph (5), be assigned, no order can be made by any court the effect of which would be that he would be restrained from receiving that pension.Para. (3) rep. by 1999 NI 114Paragraph (2) does not prevent the making of—aan attachment of earnings order under the Judgments Enforcement (Northern Ireland) Order 1981, orban income payments order under the Insolvency (Northern Ireland) Order 1989.5In the case of a person ( “the person in question”) who is entitled to a pension under an occupational pension scheme, or has a right to a future pension under such a scheme, paragraph (1) does not apply to any of the following, or any agreement to effect any of the following—aan assignment in favour of the person in question's widow, widower, surviving civil partner or dependant,ba surrender, at the option of the person in question, for the purpose of—iproviding benefits for that person's widow, widower, surviving civil partner or dependant, oriiacquiring for the person in question entitlement to further benefits under the scheme,ca commutation—iof the person in question's benefit on or after retirement or in exceptional circumstances of serious ill health,iiin prescribed circumstances, of any benefit for that person's widow, widower, surviving civil partner or dependant, oriiiin other prescribed circumstances,dsubject to paragraph (6), a charge or lien on, or set-off against, the person in question's entitlement, or right, (except to the extent that it includes transfer credits other than prescribed transfer credits) for the purpose of enabling the employer to obtain the discharge by him of some monetary obligation due to the employer and arising out of a criminal, negligent or fraudulent act or omission by him,esubject to paragraph (6), except in prescribed circumstances a charge or lien on, or set-off against, the person in question's entitlement, or right, for the purpose of discharging some monetary obligation due from the person in question to the scheme and—iarising out of a criminal, negligent or fraudulent act or omission by him, oriiin the case of a trust scheme of which the person in question is a trustee, arising out of a breach of trust by him.fsubject to paragraph (6), a charge or lien on, or set-off against, the person in question's entitlement, or right, for the purpose of discharging some monetary obligation due from the person in question to the scheme arising out of a payment made in error in respect of the pension.6Where a charge, lien or set-off is exercisable by virtue of paragraph (5)(d), (e) or (f)aits amount must not exceed the amount of the monetary obligation in question, or (if less) the value (determined in the prescribed manner) of the person in question's entitlement or accrued right, andbthe person in question must be given a certificate showing the amount of the charge, lien or set-off and its effect on his benefits under the scheme,and where a dispute has arisen as to the amount of the monetary obligation in question, the charge, lien or set-off must not be exercised unless one of the following conditions is met. 6AThe conditions mentioned in paragraph (6) are—athat the dispute has been resolved by the parties to it;bthat the Pensions Ombudsman has made a determination under Part 10 of the Pension Schemes (Northern Ireland) Act 1993 or Part 10 of the Pension Schemes Act 1993 (investigations) as to the amount of the monetary obligation in question;cthat the monetary obligation in question has become enforceable—iunder an order of a competent court, oriiin consequence of an award of an arbitrator.7This Article is subject to section 155 of the Pension Schemes Act (inalienability of guaranteed minimum pension ...).1999 NI 111981 NI 61989 NI 19SR 2005/4342005 NI 1Words in art. 89(7) omitted (6.4.2012) by virtue of The Pensions (2008 No. 2 Act) (Abolition of Protected Rights) (Consequential Provisions) Order (Northern Ireland) 2012 (S.R. 2012/124), arts. 1(b), 5(3)Art. 89(6A) inserted (29.6.2026) by Pension Schemes Act 2026 (c. 22), ss. 121(5)(b), 133(11)(a)Words in art. 89(6) substituted (29.6.2026) by Pension Schemes Act 2026 (c. 22), ss. 121(5)(a)(ii), 133(11)(a)Words in art. 89(6) substituted (29.6.2026) by Pension Schemes Act 2026 (c. 22), ss. 121(5)(a)(i), 133(11)(a)Art. 89 applied (1.4.2015) by The Teachers Pension Scheme Regulations (Northern Ireland) 2014 (S.R. 2014/310), regs. 1, 180(2)Art. 89 restricted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 105(1)(2), 131(1)(2)(f)Art. 89 excluded (1.4.2015) by The Teachers Pension Scheme Regulations (Northern Ireland) 2014 (S.R. 2014/310), regs. 1, 195(2)