Article 44 Shareable state scheme rights

Northern Ireland

(1)

Pension sharing is available under this Chapter in relation to a person's shareable state scheme rights.

F1(1A)

For the purposes of this Chapter, a person's shareable state scheme rights are—

(a)

the person's shareable old state scheme rights;

(b)

the person's shareable new state scheme rights.

(2)

For the purposes of this Chapter, a person's shareable F2old state scheme rights are—

(a)

his entitlement, or prospective entitlement to a Category A retirement pension by virtue of section 44(3)(b) of the Contributions and Benefits Act (F3... additional pension), and

(b)

his entitlement, or prospective entitlement, to a pension under section 55A F4or 55AA of that Act (shared additional pension).

F5(3)

For the purposes of this Chapter, a person's shareable new state scheme rights are the person's entitlement, or prospective entitlement, to the excess amount in a state pension under section4 of the Pensions Act (Northern Ireland) 2015.

(4)

“The excess amount”, in relation to a state pension under section4 of the Pensions Act (Northern Ireland) 2015, means any amount by which the rate of the pension exceeds the full rate of the state pension (see section 3 of that Act).

(5)

In determining the rate of a state pension under section4 of the Pensions Act (Northern Ireland) 2015 for the purposes of this Chapter, ignore Schedule 6 to that Act (reduced rate elections: effect on rate of section 4 pension).

Annotations

Textual amendments

F1: Art. 44(1A) inserted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 11 para. 9(2)
F2: Word in art. 44(2) inserted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 11 para. 9(3)(a)
F3: Word in art. 44(2)(a) omitted (12.10.2015) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 15 para. 7; S.R. 2015/329, art. 2(3)
F4: Words in art. 44(2)(b) inserted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 11 para. 9(3)(b)
F5: Art. 44(3)-(5) added (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 11 para. 9(4)

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)