SCHEDULES
SCHEDULE 5

Transitional Provisions and Savings
Part II

Specific Provisions

Overriding effect of certain requirements for existing contracted-out and appropriate schemes
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Sch. 5 para. 11 repealed (6.4.1997) by S.I. 1995/3213 (N.I. 22), arts. 147, 168, Sch. 3 para. 72, Sch. Pt. III; S.R. 1997/192, art. 2(b)
S.I. 1989/1342 (N.I. 13).