http://www.legislation.gov.uk/ukpga/1993/49/section/97AIPension 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 4ZA<Addition ChangeId="key-5a357c918e9facceb8f86d98593c3c4b-1568295245137" CommentaryRef="key-5a357c918e9facceb8f86d98593c3c4b">TRANSFERS AND CONTRIBUTION REFUNDS</Addition>CHAPTER 2<Addition ChangeId="key-58b58d52fb120935b847c589132979a2-1510132888156" CommentaryRef="key-58b58d52fb120935b847c589132979a2"><Substitution ChangeId="key-dd613d464df0fc73d27077130779b1fd-1568295825376" CommentaryRef="key-dd613d464df0fc73d27077130779b1fd">EARLY LEAVERS: CASH TRANSFER SUMS AND CONTRIBUTION REFUNDS</Substitution></Addition><CommentaryRef Ref="key-369e55073bd4a6d3e609c68eff90bec3"/><Addition ChangeId="key-58b58d52fb120935b847c589132979a2-1510132888156" CommentaryRef="key-58b58d52fb120935b847c589132979a2">Rights under section 97AB: further provisions</Addition>97AI1A member of an occupational pension scheme loses any right acquired by him under section 97AB—aif the scheme is wound up, orbsubject to subsection (2), if he fails to exercise the right on or before the reply date.2If the member has failed to exercise any such right on or before the reply date, the trustees or managers of the scheme may allow him to exercise it on or before such later date as they may determine on the application of the member.3Where the trustees or managers determine a later date under subsection (2)—athey must give a notice in writing to that effect to the member, andbsubsection (1)(b) applies in relation to the member as if the reference to the reply date were a reference to the later date.4For the purposes of section 24(1) of the Interpretation Act (Northern Ireland) 1954 (service of documents) in its application to this section and sections 97AC(2) and 97AD(2)—aomit the word “registering”, andbthe last known address of any person is his latest address known to the trustees or managers of the scheme.5This Chapter is subject to any provision made by or under section 57 (deduction of contributions equivalent premium from refund of scheme contributions)—apermitting any amount to be deducted from any payment of a contribution refund, orbrequiring the payment of a contribution refund to be delayed.6In this Chapter, except where the context otherwise requires, the following expressions have the following meanings—“the applicable rules” means—the rules of the scheme, except so far as overridden by a relevant legislative provision,the relevant legislative provisions, to the extent that they have effect in relation to the scheme and are not reflected in the rules of the scheme, andany provision which the rules of the scheme do not contain but which the scheme must contain if it is to conform with the requirements of Chapter 1;“member” has the meaning given in section 97AA(5);“permitted way”, in relation to a cash transfer sum, means any of the ways specified in section 97AE(2) in which the sum may be used;“relevant benefits” means benefits which are not attributable (directly or indirectly) to a pension credit;“reply date”, in relation to a member whose pensionable service has terminated, has the meaning given in section 97AC(3)(c).7For the purposes of subsection (6)—a“relevant legislative provision” means any provision contained in any of the following provisions—iSchedule 5 to the Social Security (Northern Ireland) Order 1989 (equal treatment for men and women);iithis Chapter or Chapter 2, 3 or 4 or regulations made under this Chapter or any of those Chapters;iiiPart IVA or regulations made under that Part;ivsection 106(1);vPart II of the Pensions (Northern Ireland) Order 1995 (occupational pensions) or orders or regulations made or having effect as if made under that Part;viArticle 28 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (pension debits: reduction of benefit);viiany provision mentioned in Article 279(2) of the Pensions (Northern Ireland) Order 2005;viiisection 61 of the Pension Schemes Act 2015;ixregulations made under section 62 or 63 of the Pension Schemes Act 2015;xiregulations made under Schedule 18 to the Pensions Act (Northern Ireland) 2015;xiasections 21, 23, 26, 28, 29 and 33 of and Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021;xiiregulations made under section 69(4) of or paragraph 1(6) of Schedule 5 to the Pension Schemes Act 2021;xiiisections 85, 90, 92, 93 and 96 of the Pension Schemes Act 2021;ba relevant legislative provision is to be taken to override any of the provisions of the scheme if, and only if, it does so by virtue of any of the following provisions—iparagraph 3 of Schedule 5 to the Social Security (Northern Ireland) Order 1989;iisection 125(1);iiiArticle 114(1) of the Pensions (Northern Ireland) Order 1995;ivArticle 28(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;vArticle 279(1) of the Pensions (Northern Ireland) Order 2005.visection 61(3) of the Pension Schemes Act 2015;viiregulations made under section 62(4) or 63(4) of the Pension Schemes Act 2015.ixregulations made under paragraph 6 of Schedule 18 to the Pensions Act (Northern Ireland) 2015.ixasections 21(7), 23(7), 26(9), 28(6), 29(2) and 33(5) of and paragraph 1(7) of Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021.xsections 69(7)(b), 85(5), 90(6), 92(6), 93(2) and 96(5) of and paragraph 1(7) of Schedule 5 to the Pension Schemes Act 2021.S. 97AI(7)(a)(ix) inserted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 18 para. 9(4)(b); S.R. 2015/307, art. 2(1)(n)S. 97AI(7)(b)(x) inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 6 para. 3(b); S.R. 2022/197, art. 3(a)Pt. 4ZA Ch. 2: power to modify conferred (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 5 para. 1(6)(b); S.R. 2022/197, art. 3(a)Pt. 4 Ch. 5 modified (1.4.2015) by The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015/76), reg. 1(3), Sch. 3 para. 10(1)Pt. 4 Ch. 5 excluded (1.1.2006) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), art. 1(2), Sch. 6 para. 20(1)(c); S.R. 2005/48, art. 2(7), Sch. Pt. 7Pt. 4 Ch. 5 inserted (1.1.2006 for specified purposes, 6.4.2006 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 241 (with art. 285(5)); S.R. 2005/543, art. 2(5), Sch. Pt. 5Pts. 4, 5 renumbered as Pt. 4ZA Chs. 1, 2 and Pt. 4ZA heading inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 50(1)(2)(a) (with s. 87)Pt. 4 Ch. 5 modified (1.4.2015) by The Teachers Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/170), regs. 1, 12(1)Pt. 4 Ch. 5 excluded (24.7.2014) by The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/204), regs. 1(1), 55(1)(c)S. 97AI(7)(b)(ixa) inserted (10.8.2021) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(1)(c), Sch. 3 para. 3(b)Pt. 4 Ch. 5: power to modify conferred (1.1.2006) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 20(7)(b) (with art. 285(5)); S.R. 2005/48, art. 2(7), Sch. Pt. 7S. 97AI(7)(a)(xia) inserted (10.8.2021) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(1)(c), Sch. 3 para. 3(a)S. 97AI(7)(a)(xii)(xiii) inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 6 para. 3(a); S.R. 2022/197, art. 3(a)Pt. 4 Ch. 5 applied by S.I. 1995/3213 (N.I. 22), art. 73(9) (as substituted (6.4.2005 for specified purposes, 1.1.2006 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 247 (with art. 285(5)); S.R. 2005/48, art. 2(4)(a)(b), Sch. Pt. 4 (with art. 2(8)(9)))Pt. 4 Ch. 5 modified (1.4.2015) by The Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/167), regs. 1, 12(1)S. 97AI(7)(a)(xi) inserted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 18 para. 9(4)(a); S.R. 2015/307, art. 2(1)(n)Pt. 4 Ch. 5 modified (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/81), regs. 1(1), 12(1)Pt. 4ZA Ch. 2 heading substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 50(1)(2)(c) (with s. 87)S. 97AI(7)(a)(ix)(viii) inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), ss. 66(1)(a), 89(3)(b) (with s. 87)S. 97AI(7)(b)(vi)(vii) inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), ss. 66(1)(b), 89(3)(b) (with s. 87)Pt. 4 Ch. 5 modified (1.4.2015) by The Police Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/156), regs. 1(2), 12(1)Pt. 4 Ch. 5 modified (1.4.2009) by Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009 (S.R. 2009/33), regs. 1, 74(1)(3)(7)