SCHEDULES
SCHEDULE 5

Transitional Provisions and Savings
Part II

Specific Provisions

Overriding effect of certain requirements for existing contracted-out and appropriate schemes
11
1
Subject to sub-paragraph (2), if immediately before paragraph 6 of Schedule 4 to the Social Security (Northern Ireland) Order 1990 came into operation a contracting-out certificate was in force in relation to an occupational pension scheme then, to the extent that the rules of the scheme are inconsistent with the inclusion in section 9(2)(a) of this Act of the words “and does not have a guaranteed minimum under sections 10 to 12” and the inclusion in section 10 of this Act of subsection (3) of that section, they shall be overridden by them.
2
If paragraph 4(3) of Schedule 8 has or ever had effect in respect of this paragraph, sub-paragraph (1) shall have effect with the substitution for the words “ paragraph 6 of Schedule 4 to the Social Security (Northern Ireland) Order 1990 ” of the words “ this paragraph ”.
12
If immediately before 14th August 1990—
a
there was in force in relation to an occupational pension scheme a contracting-out certificate which stated that the scheme was contracted-out by virtue of Article 34(2A) of the Social Security Pensions (Northern Ireland) Order 1975, or
b
there was in force in relation to a personal pension scheme an appropriate scheme certificate,
then, to the extent that the rules of the scheme are inconsistent with any provision of this Act derived from provision made by paragraph 16(1) or (2) or 17(1) to (3) of Schedule 6 to the Social Security (Northern Ireland) Order 1989 (by virtue of which—
i
section 23(3) applies to all protected rights and not only such rights as are mentioned in section 6(2) or (3);
ii
section 24 includes subsection (1) and, in subsection (3), the words “Subject to subsections (5) and (7)”, the words from “except” to “subsection (4)” and the word “shall”; and
iii
section 25 includes subsection (2)),
they shall be overridden by that provision.
S.I. 1989/1342 (N.I. 13).
S.I. 1990/1511 (N.I. 15).