# Pensions (No. 2) Act (Northern Ireland) 2008, Section 16: Qualifying schemes

Extent: N.I.

(1) A pension scheme is a qualifying scheme in relation to a jobholder (J) if—
(a) it is an occupational pension scheme or a personal pension scheme,
(b) it is registered under Chapter 2 of Part 4 of the Finance Act 2004 (c. 12), and
(c) while J is an active member, the scheme satisfies the quality requirement in relation to J.
(2) The Department may by regulations provide that subsection (1)(b) does not apply in relation to a scheme to which section 25 or 27 applies, if prescribed requirements are satisfied.
(3) The Department may by regulations provide that a scheme is not a qualifying scheme in relation to J if—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) while J is an active member, the contributions that must be paid to the scheme by, or on behalf or in respect of, J exceed a prescribed amount, or
(c) the scheme provides for average salary benefits to be provided to or in respect of J and contains prescribed features.
(3A) See also paragraphs1(4) and 2(4) of Schedule 18 to the Pensions Act (Northern Ireland) 2015, which confer power to make regulations providing for a scheme not to be a qualifying scheme in relation to a jobholder in certain circumstances.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/nia/2008/13/section/16 (the official version)
Page: https://openlegislation.uk/pensions-no-2-act-northern-ireland-2008/section-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.