Regulation 2 Rights under a pension arrangement which are not shareableI1

Northern Ireland

(1)

Rights under a pension arrangement which are not shareable are—

(a)

subject to paragraph (2), any rights accrued between 1961 and 1975 which relate to contracted-out equivalent pension benefit within the meaning of section 56 of the National Insurance Act (Northern Ireland) 1966^f1 (equivalent pension benefits, etc.);

(b)

any rights in respect of which a person is in receipt of—

(i)

a pension;

(ii)

an F1annuity, or ;

F2(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(iv)

dependants’, nominees’ or successors’ income withdrawal within the meaning of, as the case may be, paragraph 21, 27D or 27J of Schedule 28 to the Finance Act 2004,

by virtue of being the widow, widower F4, surviving civil partner F5, nominee, successor or other dependant of a deceased person with pension rights under a pension F6arrangement;

F7(ba)

any rights relating to sums and assets held for the purposes of—

(i)

a dependant’s drawdown pension fund or flexi-access drawdown fund within the meaning of, as the case may be, paragraph 22 or 22A of Schedule 28 to the Finance Act 2004;

(ii)

a nominee’s or successor’s flexi-access drawdown fund within the meaning of, as the case may be, paragraph 27E or 27K of Schedule 28 to the Finance Act 2004 (nominee’s flexi-access drawdown fund and successor’s flexi-access drawdown fund);

F8(c)

any rights which will result in the payment of a benefit which is to be provided solely by reason of the—

(i)

disablement, or

(ii)

death,

due to an accident suffered by a person occurring during his pensionable F9service, and

F10(d)

any rights in respect of a cash transfer sum or contribution refund that the member would be entitled to under section 97AB (right to cash transfer sum and contribution refund) if pensionable service were to be terminated.

(2)

Paragraph (1)(a) applies only when those rights are the only rights held by a person under a pension arrangement.

Annotations

Textual amendments

F1: Words in reg. 2(1)(b)(ii) substituted (6.4.2012) by The Pensions (2008 Act) (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/120), regs. 1(a), 11(a)
F2: Reg. 2(1)(b)(iii) omitted (6.4.2012) by virtue of The Pensions (2008 Act) (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/120), regs. 1(a), 11(b)
F3: Reg. 2(1)(b)(iv) substituted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/172), regs. 1, 4(3)(a)(i)
F4: Words in reg. 2(1)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 (S.R. 2005/536), art. 1, Sch. 1 para. 3 (with art. 3)
F5: Words in reg. 2(1)(b) inserted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/172), regs. 1, 4(3)(a)(ii)
F6: Word in reg. 2(1)(b) substituted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/172), regs. 1, 4(3)(a)(iii)
F7: Reg. 2(1)(ba) inserted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/172), regs. 1, 4(3)(b)
F8: Reg. 2(1)(c) substituted (6.4.2006) by The Taxation of Pension Schemes (Consequential Amendments of Occupational and Personal Pension Schemes Legislation) Order 2006 (S.I. 2006/744), arts. 1, 36(3)(b)
F9: Words in reg. 2(1)(c) substituted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/172), regs. 1, 4(3)(c)
F10: Reg. 2(1)(d) added (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/172), regs. 1, 4(3)(d)

Commencement

I1: Reg. 2 in operation at 1.12.2000, see reg. 1(1)

Footnotes

f1: 1966 c. 6 (N.I.); section 56 was repealed by Schedule 28 to the Social Security Act 1973 (c. 38) but continued in force by regulation 3 of, and Schedule 1 to, S.R. 1975 No. 48