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Regulation 7 Pension attachment: transfer of rightsI1C1

Northern Ireland

(1)

This regulation applies where—

(a)

a transfer of rights has taken place in the circumstances set out in sub-paragraphs (a) and (b) of paragraph 22 of Schedule 15;

(b)

notice has been given in accordance with regulation 4(2)(a) and (b);

(c)

any of the events set out in regulation 6(2) has occurred; and

(d)

the other civil partner has not, before receiving notice under regulation 4(2)(b), given notice of that event to the person responsible for the first arrangement in accordance with regulation 6(3).

(2)

Where this regulation applies, the other civil partner shall, within 14 days of the event, give notice of it to the person responsible for the new arrangement.

(3)

Where, because of the inaccuracy of the particulars supplied by the other civil partner under rule 2.73 for any purpose mentioned in regulation 4(3)(c) or because the other civil partner has failed to give notice of their having ceased to be accurate, it is not reasonably practicable for the person responsible for the new arrangement to make a payment to the other civil partner as required by the order—

(a)

it may instead make that payment to the civil partner with pension rights, and

(b)

it shall then be discharged of liability to the other civil partner to the extent of that payment.

(4)

Subject to paragraph (5), where this regulation applies and the other civil partner within one year from the transfer, gives the person responsible for the first arrangement notice of the event set out in regulation 6(2) in purported compliance with regulation 7(2), the person responsible for the first arrangement shall—

(a)

send that notice to the person responsible for the new arrangement; and

(b)

give the other civil partner a second notice under regulation 4(2)(b);

and the other civil partner shall be deemed to have given notice under regulation 7(2) to the person responsible for the new arrangement.

(5)

Upon complying with paragraph (4), the person responsible for the first arrangement shall be discharged from any further obligation under regulation 4 or 7(4), whether in relation to the event in question or any further event set out in regulation 6(2) which may be notified to that person by the other civil partner.

Annotations

Modifications

C1

Reg. 7 applied (with modifications) (14.8.2006) by The Dissolution etc. (Pension Protection Fund) Regulations (Northern Ireland) 2006 (S.R. 2006/311), regs. 1(1), 5(a)

Commencement

I1

Reg. 7 in operation at 5.12.2005, see reg. 1