Section 69 Form of short service benefit and its alternatives.C1

Northern Ireland

(1)

Subject to subsection (2) and section 77, a member’s short service benefit must be—

(a)

payable directly out of the resources of the scheme; or

(b)

assured to him by such means as may be prescribed.

(2)

Subject to subsections (3) to (5), a scheme may, instead of providing short service benefit, provide—

(a)

for the member’s accrued rights (including any transfer credits allowed under the scheme)—

(i)

to be transferred to another occupational pension scheme with a view to acquiring transfer credits for the member under the other scheme, or

(ii)

to be transferred to a personal pension scheme F1. . . with a view to acquiring rights for the member under the rules of the scheme F2. . .; or

(b)

for such alternatives to short service benefit as may be prescribed.

(3)

The option conferred by subsection (2)(a) is additional to any obligation imposed by F3Chapter 1 of Part 4ZA .

(4)

The alternatives specified in subsection (2)(a) and (b) may only be by way of complete or partial substitute for short service benefit—

(a)

if the member consents; or

(b)

in such other cases as may be prescribed.

(5)

An alternative prescribed under subsection (2)(b) may only include payment by way of return of contributions—

(a)

if they relate to a period of service before 6th April 1975; or

(b)

if there has been such a payment relating to a period of service before that date and the contributions relate to a period of service of less than 5 years after that date.

Annotations

Textual amendments

F1: Words in s. 69(2)(a)(ii) ceased to have effect (1.12.1999 for certain purposes only) by S.I. 1999/3147 (N.I. 11), arts. 1(5)(a), 17, Sch. 2 para. 2(a) (with transitional provisions in art. 75(1)(2)) and repealed (25.4.2000) by S.I. 1999/3147 (N. I. 11) art. 17, Sch. 10 Pt. I; S.R. 2000/133, art. 2(3), Sch. Pt. II
F2: Words in s. 69(2)(a)(ii) ceased to have effect (1.12.1999 for certain purposes only) by S.I. 1999/3147 (N.I. 11), arts. 1(5)(a), 17, Sch. 2 para. 2(a) (with transitional provisions in art. 75(1)) and repealed (25.4.2000) by S.I. 1999/3147 (N. I. 11) art. 17, Sch. 10 Pt. I; S.R. 2000/133, art. 2(3), Sch. Pt. II
F3: Words in s. 69(3) substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 53 (with s. 87)

Modifications

C1: S. 69 modified (27.4.2005) by The Occupational and Personal Pension Schemes (Pension Liberation) Regulations (Northern Ireland) 2005 (S.R. 2005/193), regs. 1(1), 2(5), (6)

Notes on Chapter I

Modifications

C1: Pt. 4 Ch. 1 modified (1.4.2015) by The Firefighters Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/166), regs. 1, 7(1)
C2: Pt. 4 Ch. 1 modified (1.4.2015) by The Police Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/156), regs. 1(2), 7(1)
C3: Pt. 4 Ch. 1 modified (1.4.2015) by The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015/76), reg. 1(3), Sch. 3 para. 5(1)
C4: Pt. 4 Ch. 1 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), 7(1)
C5: Pt. 4 Ch. 1 modified (1.4.2015) by The Teachers Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/170), regs. 1, 7(1)
C6: Pt. 4 Ch. 1 modified (1.4.2015) by The Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/167), regs. 1, 7(1)
C7: Pt. IV Ch. I: power to modify conferred (16.3.2022 for specified purposes, 6.4.2022 in so far as not already in force) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(2), Sch. 1 para. 1(6)(a); S.R. 2022/110, art. 2(a)(b)