OpenLegislation

Regulation 2 Calculation of additional pension where contributions equivalent premium paid or treated as paidI1

Northern Ireland

Where a contributions equivalent premium—

(a)

is paid in accordance with the provisions of sections 51 to 57f1 of the Pensions Act (which deal with the payment of a contributions equivalent premium in respect of specified periods of contracted-out employment) and regulations made thereunder F1(as they then had effect), or

(b)

is treated as having been paid in accordance with the provisions of paragraph 5(3) to (3E)f2 of Schedule 1 to the Pensions Act (which provide for a contributions equivalent premium to be treated as paid in respect of contracted-out employment in certain circumstances) and regulations made thereunder,

the amount referred to in section 45(2)(c)f3 F2or (d) of the Contributions and Benefits Act (which provides for the calculation of the amount of additional pension in a Category A retirement pension in relation to the year 2002-03 and subsequent years) is to be calculated in accordance with Parts I and II of Schedule 4A F3or, as the case may be, Parts 1 and 2 of Schedule 4B to the Contributions and Benefits Act (the amount and surplus earnings factor) as if the employment in respect of which a premium is paid, or treated as paid, had not been contracted-out employment.

Annotations

Textual amendments

F1

Words in reg. 2(a) inserted (6.4.2016) by The Pensions (2015 Act) (Abolition of Contracting-out for Salary Related Pension Schemes) (Consequential Amendments and Savings) Order (Northern Ireland) 2016 (S.R. 2016/158), arts. 1(a), 19(4)

F2

Words in reg. 2 inserted (coming into operation in accordance with reg. 1(2) of the amending Rule) by The Social Security (State Pension and National Insurance Credits) Regulations (Northern Ireland) 2010 (S.R. 2010/56), regs. 1(2), 4(3)(a); S.R. 2012/40, art. 2

F3

Words in reg. 2 inserted (coming into operation in accordance with reg. 1(2) of the amending Rule) by The Social Security (State Pension and National Insurance Credits) Regulations (Northern Ireland) 2010 (S.R. 2010/56), regs. 1(2), 4(3)(b); S.R. 2012/40, art. 2

Commencement

I1

Reg. 2 in operation at 6.4.2002, see reg. 1(1)

Footnotes

f1

Section 52 was amended by paragraph 43 of Schedule 3 to the Pensions (Northern Ireland) Order 1995 and paragraph 64 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999. Section 53 was amended by paragraph 14 of Schedule 3 to the Pensions (Northern Ireland) Order 1995 and paragraph 65 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999. Section 54 was amended by paragraph 44 of Schedule 3 to the Pensions (Northern Ireland) Order 1995 and paragraph 6(1) of Schedule 5 to the Child Support, Pensions and Social Security Act 2000 (c. 19). Section 55 was repealed by paragraph 45 of Schedule 3 to the Pensions (Northern Ireland) Order 1995. Section 56 was amended by paragraph 46 of Schedule 3 to that Order. Section 57 was amended by paragraph 47 of Schedule 3 to that Order, paragraph 66 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and paragraph 6(2) of Schedule 5 to the Child Support, Pensions and Social Security Act 2000

f2

Paragraph 5(3) was amended, and sub-paragraphs (3A) to (3E) were inserted, by Article 138(2)(a) and (b) of the Pensions (Northern Ireland) Order 1995 and sub-paragraphs (3) to (3C) were amended by paragraph 77(5)(b) and (c) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

f3

Section 45(2)(c) was inserted by section 30(1)(c) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000