http://www.legislation.gov.uk/ukpga/1993/49/section/33Pension Schemes (Northern Ireland) Act 1993 An Act to consolidate for Northern Ireland certain enactments relating to pension schemes, with corrections and minor improvements under the Consolidation of Enactments (Procedure) Act 1949.texttext/xmlenStatute Law Database2026-05-05Expert Participation2026-04-06 Part III<CommentaryRef Ref="key-2ae0e236f424ffe745222d338c93f037"/> <Substitution ChangeId="key-d2958520cd7a1b7ff9b807c2b5b2c904-1581000533475" CommentaryRef="key-d2958520cd7a1b7ff9b807c2b5b2c904">Schemes that were contracted-out etc.</Substitution> and Effects on Members’ State Scheme Rights ...Chapter I <Substitution ChangeId="key-f01c0e01c3cb2d5e03204911fc8c60b0-1581000665469" CommentaryRef="key-f01c0e01c3cb2d5e03204911fc8c60b0">Schemes that were contracted-out: guaranteed minimum pensions and alteration of scheme rules etc.</Substitution> Alteration of <Substitution ChangeId="key-75502c0b2aefd6cac855fb4141ce75cf-1581000742162" CommentaryRef="key-75502c0b2aefd6cac855fb4141ce75cf">rules by former salary related contracted-out schemes</Substitution> Alteration of rules of contracted-out schemes.331Except in prescribed cases, the rules of a scheme that was a salary related contracted-out scheme cannot be altered unless the alteration is of a prescribed description.2Regulations made by virtue of subsection (1) may operate so as to validate with retrospective effect any alteration of the rules which would otherwise be void under this section.3Subsection (1) does not apply to a scheme if no person is entitled to receive, or has accrued rights to, any benefits under the scheme attributable to a period when the scheme was contracted-out.4The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person who is so entitled by virtue of a qualifying relationship only in such cases as may be prescribed.5For that purpose a person is entitled to receive benefits by virtue of a qualifying relationship if the person is so entitled by virtue of being—athe widower of a female earner;bthe widower of a male earner;cthe widow of a female earner, except where it is a relevant gender change case; ordthe survivor of a civil partnership with an earner , except for a surviving civil partner who is a woman in the case of an earner to whom subsection (5A) applies.5AThis subsection applies to an earner who is—aa man, orba woman in a relevant gender change case.6 A reference in subsection (5)(c) or (d) or (5A) to a relevant gender change case is a reference to a case where—athe earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, andbthe marriage of the earner and her widow , or the civil partnership between the earner and her surviving civil partner, (that ends with the earner’s death) subsisted before the time when the certificate was issued.7This section is subject to regulations under section 34A.Pt. 3: power to modify conferred (1.6.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 146(1); S.R. 1996/91, art. 2(f); S.R. 1997/192, art. 2Pt. 3: power to transfer functions conferred (1.4.1999) by 1999 c. 2, s. 23(1)(2)(6); S.I. 1999/527, art. 2(b), Sch. 2Words in s. 33(6)(b) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 40(5)(c)(ii)Words in Pt. 3 heading omitted (6.4.2016) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 3(b)S. 33(5A) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 40(5)(b)S. 33(1)-(3) substituted (14.9.2015 for specified purposes, 6.4.2016 in so far as not already in force) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 24; S.R. 2015/329, art. 2(1)(b)Words in s. 33(6) substituted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 40(5)(c)(i)Words in s. 33 cross-heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 23Words in s. 33(5)(d) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 40(5)(a)S. 33(4)-(7) substituted for s. 33(4) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 68(5) (with regs. 6-9)Pt. 3 modified (24.7.2014) by The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/204), regs. 1(1), 6(2)Words in Pt. 3 heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 3(a)Pt. 3 Ch. 1 heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 4