Regulation 10 Special provision in relation to pensions in payment following early retirementI1

Northern Ireland

(1)

Where immediately before the assessment date –

(a)

a person is entitled to present payment of a pension under the scheme rules;

(b)

the scheme rules provide that the award of that pension is dependent on –

(i)

that person having attained early retirement age, and

(ii)

the consent of –

(aa)

the trustees or managers; or

(bb)

the employer, and

(c)

the effect of disregarding rules within paragraph 35(2)(a) and (b) of Schedule 6 (scheme rules, admissible rules etc.) is that the person is not entitled to compensation under paragraph 3(2) of that Schedule by reason of the pension or a part of the pension,

paragraphs (2) and (3) shall apply.

(2)

Where in the opinion of the trustees or managers –

(a)

the trustees or managers, or

(b)

the employer,

would have consented to the award of a pension to that person under the admissible rules of the scheme prior to the assessment date, they must notify the Board in that respect.

(3)

Where the Board receives a notice under paragraph (2) that person shall be treated, for the purposes of the pension compensation provisions, as entitled, immediately before the assessment date, to present payment of a pension under the admissible rules.

Annotations

Commencement

I1: Reg. 10 in operation at 6.4.2005, see reg. 1(1)