# The Teachers' Pension Scheme Regulations (Northern Ireland) 2014, Regulation 223: Guaranteed minimum pension


(1) The weekly rate of any relevant pension payable to a person who has a guaranteed minimum (P) and who reaches GMP age must not be less than the person's guaranteed minimum under sections 10 to 12 of the Pension Schemes Act .
(2) Where no relevant pension becomes payable to P within 5 years after P reaches GMP age, a guaranteed minimum pension, the weekly rate of which is P's guaranteed minimum under sections 10 to 12 of the Pension Schemes Act, is payable to P.
(3) Paragraph (2) does not apply—
(a) while P consents to the application of that paragraph being postponed;
(b) from the date on which a relevant pension becomes payable; or
(c) where paragraph (4) applies.
(4) This paragraph applies where—
(a) P has a guaranteed minimum and exercises P's right to a cash equivalent;
(b) the pension scheme into which P's rights to benefits under these Regulations are transferred does not accept a transfer of P's accrued rights to guaranteed minimum pensions; and
(c) P's accrued rights to a guaranteed minimum pension are not transferred elsewhere.
(5) Where paragraph (4) applies, a guaranteed minimum pension, the weekly rate of which is the person's guaranteed minimum under sections 10 to 12 of the Pension Schemes Act, is payable to P for life from the date on which P reaches GMP age.
(6) Where P dies leaving a widow, widower or civil partner the pension payable to the widow, widower or civil partner under Part 6 (survivor's benefits) must be paid, for any period required by or under section 13 of the Pension Schemes Act , at a weekly rate which is not to be less than the widow's, widower's or civil partner's guaranteed minimum (as set out in that section).
(7) In this regulation—
“accrued rights to guaranteed minimum pensions” is to be construed in accordance with section 16 of the Pension Schemes Act ;
“contracted-out employment” has the meanings given in sections 4(1) and (1A) of the Pension Schemes Act;
“relevant pension” means a phased retirement pension or retirement pension which becomes payable in respect of contracted-out employment before 6th April 1997.
(8) In this regulation the question whether a person has a guaranteed minimum is to be determined in accordance with section 10 of the Pension Schemes Act.
(9) This regulation overrides any inconsistent provision elsewhere in these Regulations, save that it is subject to—
(a) regulation 171 (commutation of whole pension (serious ill-health));
(b) regulation 174 (commutation: small pensions);

---
Source: https://www.legislation.gov.uk/nisr/2014/310/regulation/223 (the official version)
Page: https://openlegislation.uk/teachers-pension-scheme-regulations-northern-ireland-2014/regulation-223
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.