Pensions Act (Northern Ireland) 2015
2015 nia 5 · Enacted 23 June 2015 · Extends to Northern Ireland
An Act to make provision about pensions and about benefits payable to people in connection with bereavement; and for connected purposes.
[23rd June 2015]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
Contents
- Part 1: STATE PENSION
- Introduction
- 1State pension
- State pension at the full or reduced rate
- 2Entitlement to state pension at full or reduced rate
- 3Full and reduced rates of state pension
- State pension at the transitional rate
- 4Entitlement to state pension at transitional rate
- 5Transitional rate of state pension
- 6Recalculation and backdating of transitional rate in special cases
- Transitional entitlement based on contributions of others
- 7Survivor's pension based on inheritance of additional old state pension
- 8Choice of lump sum or survivor's pension under section 9 in certain cases
- 9Survivor's pension based on inheritance of deferred old state pension
- 10Inheritance of graduated retirement benefit
- Transition: women who have had a reduced rate election
- 11Reduced rate elections: effect on section 4 pensions
- 12Reduced rate elections: pension for women with no section 4 pension
- Transition: pension sharing on divorce etc.
- 13Shared state pension on divorce etc.
- 14Pension sharing: reduction in the sharer's section 4 pension
- 15Pension sharing: amendments
- Postponing or suspending state pension
- 16Pensioner's option to suspend state pension
- 17Effect of pensioner postponing or suspending state pension
- 18Section 17 supplementary: calculating weeks, overseas residents, etc.
- Prisoners and overseas residents
- 19Prisoners
- 20Overseas residents
- Definitions
- 21“Old state pension”
- 22General definitions etc.
- Consequential and other amendments
- 23Amendments
- 24Abolition of contracting-out for salary related schemes etc.
- Part 2: OPTION TO BOOST OLD RETIREMENT PENSIONS
- 25Option to boost old retirement pensions
- Part 3: PENSIONABLE AGE
- 26Increase in pensionable age to 67
- Part 4: STATE PENSION CREDIT
- 27State pension credit: phasing out assessed income periods
- 28Preserving indefinite status of certain existing assessed income periods
- Part 5: BEREAVEMENT SUPPORT PAYMENT
- 29Bereavement support payment
- 30Bereavement support payment: contribution condition and amendments
- 31Bereavement support payment: prisoners
- Part 6: PRIVATE PENSIONS
- Transfer of pension benefits
- 32Automatic transfer of pension benefits etc.
- 33Power to prohibit offer of incentives to transfer pension rights Repealed
- 34Expiry of power in section 33
- 35Short service benefit for scheme member with money purchase benefits
- Automatic enrolment
- 36Automatic re-enrolment: exceptions where automatic enrolment deferred
- 37Automatic enrolment: powers to create general exceptions
- 38Alternative quality requirements for UK defined benefits scheme
- 39Automatic enrolment: transitional period for hybrid schemes
- 40Penalty notices under sections 40 and 41 of the Pensions (No. 2) Act etc.
- 41Unpaid scheme contributions
- Other
- 42Power to restrict charges or impose requirements in relation to schemes
- 43Disclosure of information about transaction costs to members etc.
- 44Power to require pension levies to be paid in respect of past periods
- 45Prohibition and suspension orders: directors of corporate trustees
- 46Pensions Regulator's objectives
- 47Maximum period between scheme returns to be 5 years for micro schemes
- 48Pension Protection Fund: increased compensation cap for long service
- 49Pension Protection Fund: compensation cap to apply separately to certain benefits Repealed
- Part 7: FINAL PROVISIONS
- 50Power to make consequential amendments etc.
- 51Regulations and orders
- 52Interpretation
- 53Commencement
- 54Short title
- Schedule 1: TRANSISTIONAL RATE OF STATE PENSION: CALCULATING THE AMOUNT
- Part 1: INTRODUCTION
- 1Paragraph 1
- Part 2: AMOUNT FOR PRE-COMMENCEMENT QUALIFYING YEARS
- How to calculate the amount for pre-commencement qualifying years
- 2Paragraph 2
- Step 1: calculation of the person's pension under the old system
- 3Paragraph 3
- Step 2: calculation of a pension based on the new system
- 4Paragraph 4
- 5Paragraph 5
- Step 4: revaluation
- 6Paragraph 6
- Part 3: AMOUNT FOR POST-COMMENCEMENT QUALIFYING YEARS
- 7Paragraph 7
- Schedule 2: TRANSISTIONAL RATE OF STATE PENSION: UP-RATING
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 3: SURVIVOR'S PENSION UNDER SECTION 7: INHERITED AMOUNT
- Introduction
- 1Paragraph 1
- Dead spouse or civil partner in old state pension system etc.
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Dead spouse or civil partner in new state pension system
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Supplementary
- 9Paragraph 9
- Schedule 4: SURVIVOR'S PENSION UNDER SECTION 7: UP-RATING
- Introduction
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Rate of section 7 pension, when added to any priority pension, is less than the full rate
- 4Paragraph 4
- Rate of section 7 pension, when added to any priority pension, straddles the full rate
- 5Paragraph 5
- Priority pension alone is equal to or higher than the full rate
- 6Paragraph 6
- Schedule 5: SURVIVOR'S PENSION UNDER SECTION 9: INHERITED DEFERRAL AMOUNT
- Introduction
- 1Paragraph 1
- Dead spouse or civil partner entitled to old state pension with deferral increase
- 2Paragraph 2
- Dead spouse's or civil partner's entitlement to old state pension deferred at time of death
- 3Paragraph 3
- “The relevant provisions” of the Contributions and Benefits Act
- 4Paragraph 4
- Supplementary
- 5Paragraph 5
- Schedule 6: REDUCED RATE ELECTIONS: EFFECT ON RATE OF SECTION 4 PENSION
- Introduction
- 1Paragraph 1
- Increased transitional rate for woman married to person over pensionable age etc.
- 2Paragraph 2
- Increased transitional rate for widows or divorcees etc.
- 3Paragraph 3
- Recalculation of transitional rate where circumstances change
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 7: REDUCED RATE ELECTIONS: BASIC AMOUNT OF STATE PENSION UNDER SECTION 12
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 8: PENSION SHARING: APPROPRIATE WEEKLY RATE UNDER SECTION 13
- Introduction
- 1Paragraph 1
- Appropriate weekly rate for pensioner with old state scheme pension credit
- 2Paragraph 2
- Appropriate weekly rate for pensioner with new state scheme pension credit
- 3Paragraph 3
- Supplementary
- 4Paragraph 4
- Schedule 9: PENSION SHARING: UP-RATING STATE PENSION UNDER SECTION 13
- Introduction
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Rate of section 13 pension, when added to any priority pension, is less than the full rate
- 4Paragraph 4
- Rate of section 13 pension, when added to any priority pension, straddles the full rate
- 5Paragraph 5
- Priority pension alone is equal to or higher than the full rate
- 6Paragraph 6
- Schedule 10: PENSION SHARING: APPROPRIATE WEEKLY REDUCTION UNDER SECTION 14
- Introduction
- 1Paragraph 1
- Appropriate weekly reduction for person subject to old state scheme pension debit
- 2Paragraph 2
- Appropriate weekly reduction for person subject to new state scheme pension debit
- 3Paragraph 3
- Supplementary
- 4Paragraph 4
- Schedule 11: PENSION SHARING: AMENDMENTS
- The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
- 7Paragraph 7
- The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- The State Pension Credit Act (Northern Ireland) 2002 (c.14)
- 14Paragraph 14
- Schedule 12: STATE PENSION: AMENDMENTS
- Part 1: AMENDMENTS TO DO WITH NEW STATE PENSION SYSTEM
- The Forfeiture (Northern Ireland) Order 1982 (NI 14)
- 1Paragraph 1
- The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- The Social Security (Northern Ireland) Order 1993 (NI 2)
- 25Paragraph 25
- The Pensions (Northern Ireland) Order 1995 (NI 22)
- 26Paragraph 26
- The Social Security (Northern Ireland) Order 1998 (NI 10)
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)
- 34Paragraph 34
- The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- The Gender Recognition Act 2004 (c. 7)
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- The Welfare Reform Act (Northern Ireland) 2015
- 44Paragraph 44 Repealed
- Part 2: AMENDMENTS TO DO WITH OLD STATE PENSION SYSTEM
- Graduated retirement benefit
- 45Paragraph 45
- Category A retirement pensions
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- Category B retirement pensions
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- Category C retirement pensions: repeal of spent provisions
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- Category D retirement pensions
- 69Paragraph 69
- Age addition
- 70Paragraph 70
- Christmas bonus
- 71Paragraph 71
- Part 3: AMENDMENTS TO DO WITH STATE PENSION CREDIT
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- Part 4: OTHER AMENDMENTS TO DO WITH PART 1
- The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- The Pension Schemes (Northern Ireland) Act 1993 (c. 49)
- 79Paragraph 79
- The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)
- 80Paragraph 80
- The Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13)
- 81Paragraph 81
- The Pensions Act (Northern Ireland) 2012 (c. 3)
- 82Paragraph 82
- Schedule 13: ABOLOTION OF CONTRACTING-OUT FOR SALARY RELATED SCHEMES
- Part 1: PENSION SCHEMES (NORTHERN IRELAND) ACT 1993: AMENDMENTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- Part 2: OTHER STATUTORY PROVISIONS: AMENDMENTS
- The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- The Pensions (Northern Ireland) Order 1995 (NI 22)
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- The Employment Rights (Northern Ireland) Order 1996 (NI 16)
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- The Pensions (Northern Ireland) Order 2005 (NI 1)
- 71Paragraph 71
- The Companies Act 2006 (c. 46)
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- The Pensions Act (Northern Ireland) 2008 (c. 1)
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- The Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13)
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- Schedule 14: POWER TO AMEND SCHEMES TO REFLECT ABOLITION OF CONTRACTING-OUT Repealed
- Introduction Repealed
- 1Paragraph 1 Repealed
- What can the power be used to do? Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Creation of exceptions Repealed
- 5Paragraph 5 Repealed
- Requirement for actuary's certificates Repealed
- 6Paragraph 6 Repealed
- When can the power be used? Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Can the power be used more than once? Repealed
- 9Paragraph 9 Repealed
- Modifications for multi-employer or sectionalised schemes Repealed
- 10Paragraph 10 Repealed
- The power overrides other legislation Repealed
- 11Paragraph 11 Repealed
- Procedural requirements and supplementary matters Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- Information Repealed
- 14Paragraph 14 Repealed
- Definitions Repealed
- 15Paragraph 15 Repealed
- Schedule 15: OPTION TO BOOST OLD RETIREMENT PENSIONS
- The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 4)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)
- 7Paragraph 7
- Schedule 16: BEREAVEMENT SUPPORT PAYMENT: AMENDMENTS
- The Forfeiture (Northern Ireland) Order 1982 (NI 14)
- 1Paragraph 1
- The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- The Social Security (Northern Ireland) Order 1993 (NI 2)
- 34Paragraph 34
- The Social Security (Northern Ireland) Order 1998 (NI 10)
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- The Income Tax (Earnings and Pensions) Act 2003 (c. 1)
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- Schedule 17: AUTOMATIC TRANSFER OF PENSION BENEFITS ETC.
- Part 1: AUTOMATIC TRANSFER OF PENSION BENEFITS Not yet in force
- Regulations providing for transfer of cash equivalent of transferable benefits Not yet in force
- 1Paragraph 1 Not yet in force
- Automatic transfer scheme to find out whether members have transferable benefits Not yet in force
- 2Paragraph 2 Not yet in force
- Automatic transfer scheme to request transfer of cash equivalent Not yet in force
- 3Paragraph 3 Not yet in force
- Right to opt out of automatic transfer Not yet in force
- 4Paragraph 4 Not yet in force
- Information to be given to qualifying members of automatic transfer schemes Not yet in force
- 5Paragraph 5 Not yet in force
- Transferable benefits scheme to comply with request Not yet in force
- 6Paragraph 6 Not yet in force
- Automatic transfer scheme to use cash equivalent to provide rights under the scheme Not yet in force
- 7Paragraph 7 Not yet in force
- Cash equivalents: calculation and verification Not yet in force
- 8Paragraph 8 Not yet in force
- Disclosure of information and establishment of database Not yet in force
- 9Paragraph 9 Not yet in force
- Compliance Not yet in force
- 10Paragraph 10 Not yet in force
- Record keeping Not yet in force
- 11Paragraph 11 Not yet in force
- Further provision about the regulations Not yet in force
- 12Paragraph 12 Not yet in force
- Part 2: MERGER OF PENSION ACCOUNTS Not yet in force
- 13Paragraph 13 Not yet in force
- Part 3: INTERPRETATION ETC.
- Interpretation etc.
- 14Paragraph 14
- Crown application Not yet in force
- 15Paragraph 15 Not yet in force
- Overriding provision Not yet in force
- 16Paragraph 16 Not yet in force
- Other provision relating to regulations under this Schedule Not yet in force
- 17Paragraph 17 Not yet in force
- 18Paragraph 18 Not yet in force
- Amendments
- 19Paragraph 19
- 20Paragraph 20 Not yet in force
- Schedule 18: POWER TO RESTRICT CHARGES OR IMPOSE REQUIREMENTS IN RELATION TO SCHEMES
- Power to restrict charges
- 1Paragraph 1
- Power to impose requirements relating to administration or governance
- 2Paragraph 2
- Compliance
- 3Paragraph 3
- Interpretation
- 4Paragraph 4
- Crown application
- 5Paragraph 5
- Overriding provision
- 6Paragraph 6
- Other provision relating to regulations under this Schedule
- 7Paragraph 7
- 8Paragraph 8
- Amendments
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 19: PROHIBITION ORDERS: CONSEQUENTIAL AMENDMENTS
- The Pensions (Northern Ireland) Order 1995 (NI 22)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- The Pensions (Northern Ireland) Order 2005 (NI 1)
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 20: PENSION PROTECTION FUND: INCREASED COMPENSATION CAP FOR LONG SERVICE
- Part 1: THE NEW COMPENSATION CAP
- 1Paragraph 1
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Part 2: EFFECT OF CHANGE IN TRANSISTIONAL CASES
- Recalculation of periodic compensation going forwards
- 8Paragraph 8 Repealed
- New cap does not generally affect old payments
- 9Paragraph 9 Repealed
- Survivors' compensation
- 10Paragraph 10 Repealed
- Cases involving early payment or postponement of compensation
- 11Paragraph 11 Repealed
- Recalculation of terminal illness lump sums given in the past year
- 12Paragraph 12 Repealed
- Meaning of “the pension compensation provisions” in Part 3 of the 2005 Order
- 13Paragraph 13 Repealed
- Part 3: SCHEMES UNDERGOING ASSESSMENT OR WINDING UP ON THE COMMENCEMENT DATE
- Schemes undergoing assessment on the commencement date
- 14Paragraph 14 Repealed
- ...
- ...
- Schemes that begin winding up before the commencement date
- 15Paragraph 15 Repealed
- ...
- ...
- Meaning of “undergoing assessment”
- 16Paragraph 16 Repealed
- Meaning of “eligible scheme”
- 17Paragraph 17 Repealed
- Part 4: INTERPRETATION AND POWER TO MAKE FURTHER TRANSISTIONAL PROVISION
- Interpretation
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- Further transitional provision
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed