The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996

Modification of section 12 of the Act

65.  In such a case as is specified in regulation 66—

(a) section 12(1) of the Act shall be modified so as to have effect as if there were added at the end thereof “or, in respect of the earner’s earnings factor or the weekly equivalent mentioned in section 10(2) of the Act for any relevant year in a period of linked qualifying service, shall be taken to be that factor or weekly equivalent as increased in accordance with the provisions of the scheme under regulations made under section 12(3)”, and

(b) where earnings factors of an earner whose accrued rights to guaranteed minimum pensions, including such rights derived from linked qualifying service, have been transferred under section 16(1) of the Act or regulations made thereunder to another contracted-out scheme, section 12(2) and (3) of the Act shall be modified so as to have effect as if it permitted that scheme to provide for those earnings factors to be determined for the purpose of section 10(2) of the Act without reference to any order coming into force under section 130 of the Administration Act—

(i) after the relevant year in which his service in the contracted-out employment, by reference to the scheme from which those rights were transferred, was terminated where such earnings factors have previously fallen to be determined by reference to orders under section 130 of the Administration Act, or

(ii) in and after the relevant year in which that service was terminated in any other case,

and as if section 12(3) of the Act had effect accordingly, save, in a case to which sub-paragraph (ii) applies, for treating the reference to the amount of the increase in section 12(3) of the Act as a reference to the amount by which the earnings factors relevant to the weekly equivalent would be increased.