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Article 36 Public service pension schemes

(1)

The 1971 c. 35 (N.I.). Pensions (Increase) Act (Northern Ireland) 1971 shall be amended as follows.

(2)

In section 3 (qualifying conditions), after subsection (2) there shall be inserted—

“(2A)

A pension attributable to the pensioner having become entitled to a pension credit shall not be increased unless the pensioner has attained the age of fifty-five years.” .

(3)

In section 8—

(a)

in subsection (1) (definition of “pension”), in paragraph (a), the words from “(either” to “person)” shall be omitted;

(b)

in subsection (2) (when pension deemed for purposes of the Act to begin), after “pension”, in the first place where that word occurs, there shall be inserted “ which is not attributable to a pension credit ”; and

(c)

after that subsection there shall be inserted—

“(2A)

A pension which is attributable to a pension credit shall be deemed for purposes of this Act to begin on the day on which the order or provision on which the credit depends takes effect.” .

(4)

In section 15(1) (interpretation)—

(a)

for the definitions of “derivative pension” and “principal pension” there shall be substituted—

“ “ derivative pension ” means a pension which—

(a)

is not payable in respect of the pensioner's own services, and

(b)

is not attributable to the pensioner having become entitled to a pension credit;” ,

(b)

after the definition of “pension” there shall be inserted—

“ “ pension credit ” means a credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;

“principal pension” means a pension which—

(a)

is payable in respect of the pensioner's own services; or

(b)

is attributable to the pensioner having become entitled to a pension credit;” , and

(c)

for the definition of “widow's pension” there shall be substituted—

“ “ widow's pension ” means a pension payable—

(a)

in respect of the services of the pensioner's deceased husband, or

(b)

by virtue of the pensioner's deceased husband having become entitled to a pension credit.” .

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481

F2

functions transf. by 2005 NI 1

Notes on Part V

Modifications

C1

Pt. V (arts. 24-48) power to modify conferred (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 294(d); S.R. 2006/95, art. 2(c), Sch. Pt. 3

C2

Pt. V (arts. 24-48) power to modify conferred (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 115(2)(c), 118(2)(g)

Notes on Chapter I

Modifications

C1

Pt. V Ch. I (arts. 24-43) modified (1.8.2006) by Pension Protection Fund (Pension Sharing) Regulations (Northern Ireland) 2006 (S.R. 2006/282), reg. 2(2)(a)-(c)