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The Pensions (Northern Ireland) Order 1995
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Changes to legislation:
The Pensions (Northern Ireland) Order 1995, Section 90 is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 90:
- Instrument amended by 1998 c. 11 s.23 Sch.5 Pt.IV Ch.II para.72
- power to am. (prosp.) by 1998 c. 47 s.87
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 para. 18(15)(16) repealed by 2012 c. 3 (N.I.) Sch. 2 para. 4(b)
- Sch. 2 Pt. 3 para. 18(8) repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 1 (Amendment could not be applied - affected provision not available on legislation.gov.uk)
- Sch. 2 Pt. 3 para. 18(18) repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 1 (Amendment could not be applied - affected provision not available on legislation.gov.uk)
- art. 37(1A)(a) word inserted by 2016 c. 1 (N.I.) Sch. 2 para. 7(a)
- art. 37(1A)(b) inserted by 2016 c. 1 (N.I.) Sch. 2 para. 7(b)
- art. 51(5A)-(5C) inserted by 2016 c. 1 (N.I.) s. 43(1)
- art. 51(7A) inserted by 2016 c. 1 (N.I.) s. 41(1)(b)
- art. 51(9)(10) inserted by 2016 c. 1 (N.I.) s. 42(3) (This amending provision is itself amended by S.I. 2019/193, reg. 7)
- art. 67A(3)(aa)-(ac) inserted by 2016 c. 1 (N.I.) s. 45(3)
- art. 67A(9)(b)(viii)-(x) inserted by 2016 c. 1 (N.I.) s. 45(6)(b)
- art. 73(2)(2A) substituted for art. 73(2) by 2016 c. 1 (N.I.) Sch. 2 para. 11
- art. 75(1)-(1B) substituted for art. 75(1) by 2016 c. 1 (N.I.) Sch. 2 para. 12
- art. 167(3)(aa) inserted by 2016 c. 1 (N.I.) s. 43(2)
Forfeiture, etc.N.I.
90.—(1) Subject to paragraphs (2) to (6) and Article 91, an entitlement [F1 to a pension under an occupational pension scheme or a right to a future pension under such a scheme] cannot be forfeited.
(2) Paragraph (1) does not prevent forfeiture by reference to—
(a)a transaction or purported transaction which under Article 89 is of no effect,F2...
Sub-para. (b) rep. by 1999 NI 11
whether or not that event occurred before or after the pension became payable.
(3) Where such forfeiture as is mentioned in paragraph (2) occurs, any pension which was, or would but for the forfeiture have become, payable may, if the trustees or managers of the scheme so determine, be paid to all or any of the following—
(a)the member of the scheme to or in respect of whom the pension was, or would have become, payable,
[F3(b)the spouse, civil partner, widow, widower or surviving civil partner of the member,]
(c)any dependant of the member, and
(d)any other person falling within a prescribed class.
(4) Paragraph (1) does not prevent forfeiture by reference to the [F1 pensioner, or prospective pensioner], having been convicted of one or more offences—
(a)which are committed before the pension becomes payable, and
(b)which are—
(i)offences of treason,
(ii)offences under the Official Secrets Acts 1911 to 1989 for which the person has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years, F4...
[F5(iia)offences under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023 for which the person has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years, or]
(iii)prescribed offences.
(5) Paragraph (1) does not prevent forfeiture by reference to a failure by any person to make a claim for pension—
(a)where the forfeiture is in reliance on any enactment relating to the limitation of actions, or
(b)where the claim is not made within six years of the date on which the pension becomes due.
(6) Paragraph (1) does not prevent forfeiture in prescribed circumstances.
(7) In this Article and Article 91, references to forfeiture include any manner of deprivation or suspension.
F3SR 2005/434
F4Word in art. 90(4)(b)(ii) omitted (20.12.2023) by virtue of The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 17(a)
F5Art. 90(4)(b)(iia) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 17(b)
Modifications etc. (not altering text)
C1Art. 90(1) modified (6.4.2016) by The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016 (S.R. 2016/107), regs. 1(a), 10
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