Article 36 Public service pension schemes
The 1971 c. 35 (N.I.). Pensions (Increase) Act (Northern Ireland) 1971 shall be amended as follows.
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.” .
In section 8—
in subsection (1) (definition of “pension”), in paragraph (a), the words from “(either” to “person)” shall be omitted;
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
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.” .
In section 15(1) (interpretation)—
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;” ,
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
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)