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Pension Schemes (Northern Ireland) Act 1993 (c. 49)(The document as of February, 2008) Page 12 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 The Official Secrets Act 1989 (c. 6)23 In paragraph 4 of Schedule 1 to the Official Secrets Act 1989 for the words "Social Security Pensions (Northern Ireland) Order 1975" there shall be substituted the words "Pension Schemes (Northern Ireland) Act 1993". The Finance Act 1989 (c. 26)24 In paragraph 11(2)(b) of Schedule 7 to the Finance Act 1989 for the words "Social Security (Northern Ireland) Order 1986" there shall be substituted the words "Pension Schemes (Northern Ireland) Act 1993". The Insolvency (Northern Ireland) Order 1989 (N.I. 19)25 In paragraph 8 of Schedule 4 to the Insolvency (Northern Ireland) Order 1989 for the words "Schedule 4 to the Social Security Pensions (Northern Ireland) Order 1975" there shall be substituted the words "Schedule 3 to the Pension Schemes (Northern Ireland) Act 1993". The Social Security Administration Act 1992 (c. 5)26 In section 170(5) of the Social Security Administration Act 1992, the following shall be substituted for paragraph (c) of the definition of "the relevant Northern Ireland enactments"-- " (c) section 32(6) of the Pension Schemes (Northern Ireland) Act 1993; " . The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)27 In section 1(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, for the words from "Part IV" to "contributions)" there shall be substituted the words "Chapter II of Part III of the Pensions Act (reduction in state scheme contributions and social security benefits for members of certified schemes)". 28 In section 8(1) of that Act, for the words "Article 29 of the Pensions Order (contracted-out rates)" there shall be substituted the words "section 37 of the Pensions Act (reduced rates of Class 1 contributions for earners in contracted-out employment)". 29 In section 9(4) of that Act, for the words "Article 29 of the Pensions Order" there shall be substituted the words "section 37 of the Pensions Act". 30 In section 20(3) of that Act, for the words from "Part IV" to "benefit)" there shall be substituted the words "Chapter II of Part III of the Pensions Act (reduction in state scheme contributions and social security benefits for members of certified schemes)". 31 In section 23(2) of that Act, after the word "Order" there shall be inserted the words "or the Pensions Act". 32 In section 34(5) of that Act, for the words "Article 31 of the Pensions Order" there shall be substituted the words "section 42 of the Pensions Act". 33 In section 47(3) of that Act, for the words "Article 31 of the Pensions Order" there shall be substituted the words "section 42 of the Pensions Act". 34 In section 50(2) of that Act, for the words "Article 31B(2) of the Pensions Order" there shall be substituted the words "section 42(5) of the Pensions Act". 35 In section 174 of that Act, before the definition of "the Pensions Order" there shall be inserted-- " "the Pensions Act" means the Pension Schemes (Northern Ireland) Act 1993; " . 36 In Schedule 5 to that Act-- (a) in paragraph 2(6), for the words "Article 31B(2) of the Pensions Order" there shall be substituted the words "section 42(5) of the Pensions Act"; (b) in paragraphs 5(1)(b)(i) and 6(1)(c)(i), for the words "Article 37(6) of the Pensions Order" there shall be substituted the words "section 11(1) of the Pensions Act"; (c) in paragraphs 5(3)(a) and 6(3)(c) and (4)(b), for the words "Article 39A of the Pensions Order" there shall be substituted the words "section 105 of the Pensions Act"; (d) in paragraph 7(2), for the words "Pensions Order" there shall be substituted the words "Pensions Act". 37 In paragraph 3 of Schedule 7 to that Act-- (a) in sub-paragraph (3), for the words "Article 31 of the Pensions Order" there shall be substituted the words "section 42 of the Pensions Act"; (b) in sub-paragraph (11), for the words from "Article 31C of the Pensions Order" to "supplement)" there shall be substituted the words "section 42(6) to (8) (entitlement to guaranteed minimum pensions and increases of unemployability supplement) of the Pensions Act". The Social Security Administration (Northern Ireland) Act 1992 (c. 8)38 At the end of section 68(3) of the Social Security Administration (Northern Ireland) Act 1992, there shall be inserted the words " or (l) the Pensions Act " . 39 In section 104(8) of that Act, for paragraph (e) there shall be substituted-- " (e) the Pensions Act " . 40 In section 130 of that Act, for the words "Social Security Pensions Act 1975" there shall be substituted the words "Pension Schemes Act 1993". 41 In section 132 of that Act-- (a) in subsection (3)(a), for the words "Article 37(6) of the Pensions Order" and "Article 38(3) of that Order" there shall be substituted respectively the words "section 11(1) of the Pensions Act" and "section 13(2) of that Act"; (b) after subsection (3) there shall be inserted-- " (3A) Where a member of an appropriate personal pension scheme or a money purchase contracted-out scheme continues in employment after attaining pensionable age and the commencement of his pension under the scheme is postponed, the preceding provisions of this section shall have effect as if-- (a) the guaranteed minimum pension to which he is treated as entitled by virtue of section 44(2)(a) of the Pensions Act were subject to increases in accordance with the provisions of section 11(1) of that Act; and (b) the amounts of any notional increases referred to in paragraph (a) above were subject to annual up-rating in the same way as if they were sums to which subsection (3)(a) above applied. " ; (c) in subsection (4), for the words "Article 37(6) of the Pensions Order" and "Article 39A of that Order" there shall be substituted respectively the words "section 11(1) of the Pensions Act" and "section 105 of that Act"; and (d) in subsection (5), for the words "Article 37(6) of the Pensions Order" and "Article 38(3) of that Order" there shall be substituted respectively the words "section 11(1) of the Pensions Act" and " section 13(2) of that Act " . 42 In section 167(1) of that Act-- (a) the following definitions shall be inserted at the appropriate place-- " "money purchase contracted-out scheme" has the same meaning as in section 4(1)(a)(ii) of the Pensions Act; " and " "pensionable age" has the same meaning as in section 121 of the Contributions and Benefits Act; " (b) in the definition of "occupational pension scheme", for the words "Article 2(2) of the Pensions Order" there shall be substituted the words "section 1 of the Pensions Act"; (c) before the definition of "the Pensions Order", there shall be inserted-- " "the Pensions Act" means the Pension Schemes (Northern Ireland) Act 1993; " (d) in the definition of "personal pension scheme", for the words "Article 2(2) of the 1986 Order" there shall be substituted the words "section 1 of the Pensions Act" and at the end of that definition there shall be added the words "and "appropriate", in relation to such a scheme, shall be construed in accordance with section 3 of that Act". The Judicial Pensions and Retirement Act 1993 (c. 8)43 (1) In section 10(8) of the Judicial Pensions and Retirement Act 1993-- (a) in the definition of "occupational pension scheme" for the words "Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975" there shall be substituted the words "section 1 of the Pension Schemes (Northern Ireland) Act 1993"; (b) in the definition of "personal pension scheme" for the words "Article 2(2) of the Social Security (Northern Ireland) Order 1986" there shall be substituted the words "section 1 of the Pension Schemes (Northern Ireland) Act 1993". (2) In section 13(9) of that Act, in the definition of "personal pension scheme", for the words "Article 2(2) of the Social Security (Northern Ireland) Order 1986" there shall be substituted the words "section 1 of the Pension Schemes (Northern Ireland) Act 1993". (3) In section 16 of that Act, for paragraph (b) there shall be substituted-- " (b) section 137 or 139 of the Pension Schemes (Northern Ireland) Act 1993 (corresponding Northern Ireland provisions); " . (4) In section 30(1) of that Act, in the definition of "judicial pension scheme" for the words "Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975" there shall be substituted the words "section 1 of the Pension Schemes (Northern Ireland) Act 1993". (5) In Schedule 2 to that Act-- (a) in paragraph 1-- (i) in the definition of "contracted-out scheme" for the words "Part IV of the Social Security Pensions (Northern Ireland) Order 1975", there shall be substituted the words "Part III of the Pension Schemes (Northern Ireland) Act 1993"; (ii) in the definitions of "guaranteed minimum pension" and "protected rights" for the words "Social Security Pensions (Northern Ireland) Order 1975" there shall be substituted the words "Pension Schemes (Northern Ireland) Act 1993"; (iii) in the definition of "personal pension scheme" for the words "Article 2(2) of the Social Security (Northern Ireland) Order 1986" there shall be substituted the words "section 1 of the Pension Schemes (Northern Ireland) Act 1993"; (b) in paragraph 3 for the words "Part II of Schedule 1A to the Social Security Pensions (Northern Ireland) Order 1975" there shall be substituted the words "Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993"; (c) in paragraph 6(6)(a)(ii) for the words "Article 4 of the Social Security (Northern Ireland) Order 1986" there shall be substituted the words "section 3 of the Pension Schemes (Northern Ireland) Act 1993". The Social Security (Northern Ireland) Order 1993 (N.I. 2)44 In Article 4(1) of the Social Security (Northern Ireland) Order 1993-- (a) in paragraph (b) of the definition of "estimated benefit expenditure", for the words "Articles 42(1) and 43(1)" there shall be substituted the words "Article 42(1)"; and (b) at the end there shall be inserted the words " and (c) under section 172(1)(b) of the Pension Schemes (Northern Ireland) Act 1993 " . Section 185. SCHEDULE 8 Transitory Modifications1 (1) If-- (a) no date has been appointed as the date on which a provision mentioned in column 1 of the following Table is to come into operation before the commencement date, or (b) a date has been appointed which is later than the commencement date, then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect until the appointed day. TABLE
(2) If-- (a) a date has been appointed as the date on which a provision mentioned in column 1 of the Table in sub-paragraph (1) is to come into operation for some purposes of that provision but not for others, and (b) that date is on or before the commencement date, then the paragraph mentioned in column 2 of the Table opposite that provision shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the relevant appointed day. (3) In this paragraph--
(i) in the case of the provisions mentioned in paragraphs (i) to (v) of that Table, by the Department; (ii) in the case of the provision mentioned in paragraph (vi) of that Table, by the Lord Chancellor or by the Secretary of State, or by both acting jointly; (iii) in the case of the provision mentioned in paragraph (vii) of that Table, by the Lord Chancellor; (iv) in the case of the provision mentioned in paragraphs (viii) to (x) of that Table, by the Treasury; and (v) in the case of the provisions mentioned in paragraphs (xi) to (xiii) of that Table, by the appropriate Minister (within the meaning of section 30(1) of the Judicial Pensions and Retirement Act 1993); and (b) in the case mentioned in sub-paragraph (1)(b), the day appointed as the day on which that provision is to come into operation. (4) An order under sub-paragraph (3) may-- (a) appoint different days for different provisions or for different purposes of the same provision; (b) in the case of an order appointing a day until which paragraph 2 has effect, may make such transitional provision or savings as appear to the Department to be necessary or expedient in connection with section 159(9), and may make such adaptations of that section or of any provision of this Act deriving from the [1973 c. 38.] Social Security Act 1973 as appear to the Department to be necessary or expedient in consequence of the postponed (or partly postponed) operation of that section (whether before on or after the day appointed by the order); (c) in the case of an order appointing a day until which paragraph 5 has effect, may contain such incidental, supplemental or transitional provisions or savings as the person making it considers expedient; (d) in the case of an order appointing a day until which paragraph 7 has effect, may make such transitional provision or savings (whether or not involving the modification of any statutory provision) as appear to the Treasury necessary or expedient in connection with the bringing into operation of the words which have effect by virtue of that order; (e) in the case of an order appointing a day until which paragraph 8 has effect, may make such transitional, consequential, supplementary or incidental provision or savings (whether or not involving the modification of the operation of the [1993 c. 8.] Judicial Pensions and Retirement Act 1993 or any other enactment) as appear to the appropriate Minister (within the meaning of section 30(1) of that Act) to be necessary or expedient for the purposes of, or in connection with, the bringing into operation of the provisions which have effect by virtue of that order; and in sub-paragraph (2) "the relevant appointed day", in relation to any purpose of a provision, means the day appointed as the day on which the provision is to come into operation for that purpose. (5) The Department may by regulations make-- (a) such transitional provision, (b) such consequential provision, or (c) such savings, as it considers necessary or expedient in preparation for, or in connection with, the coming into operation of any provision which comes into operation when paragraph 3 or 4 ceases to have effect or the operation of any provision affected by that paragraph during any period when that paragraph has effect in relation to it. (6) The Treasury may by regulations make such transitional and consequential provisions and such savings as they consider necessary or expedient in preparation for, or in connection with, or in consequence of, the coming into operation of the words which come into operation when paragraph 7 ceases to have effect, and such regulations may make modifications of any enactment contained in the [1992 c. 40.] Friendly Societies Act 1992 or in any other Act. Rule against perpetuities2 Section 159(9) shall be omitted. Limited price indexation3 (1) Sections 98 to 103 shall have effect only for the purposes of section 104. (2) In section 178(3), the words " 100(8)" and the words from "or, in" to "determined" and the words following paragraph (b) shall be omitted. Guaranteed minimum for married women and widows paying reduced rate contributions4 (1) In section 9(2)(a), the words from "and does" onwards shall be omitted. (2) Section 10(3) shall be omitted. (3) In Schedule 5, paragraph 11 shall be omitted. Courts and legal services5 Section 107(3)(e) shall be omitted. Judicial pensions (Northern Ireland)6 Section 107(3)(a) to (d) shall be omitted. Friendly societies7 (1) In section 158(1), before the words "group insurance" there shall be inserted the word "approved". (2) In section 158(4)(a) for the words "Friendly Societies Act 1974" there shall be substituted the words "Friendly Societies Act (Northern Ireland) 1970". (3) For section 158(4)(c), there shall be substituted-- " (c) "approved group insurance business" has the same meaning as in paragraph 11(2) of Schedule 5 to that Act. " . (4) In section 180(1), for the words "Chief Registrar of Friendly Societies" there shall be substituted the words "Registrar of Friendly Societies for Northern Ireland". Judicial pensions8 (1) Section 107(3)(f) and the word "or" immediately preceding it shall be omitted. (2) Section 142(3) shall be omitted. (3) In Schedule 5, paragraph 17(3)(l) shall be omitted. TABLE OF DERIVATIONSNotes:1 This Table shows the derivation of the provisions of the consolidation. 2 The following abbreviations are used in this Table:-- Acts of Parliament
Northern Ireland Orders in Council
Subordinate legislation
3 The letter M followed by a number indicates that the provision gives effect to the paragraph bearing that number in the Memorandum under the Consolidation of Enactments (Procedure) Act 1949 relating to the consolidation for Northern Ireland of certain enactments relating to pension schemes (HC 645; HL 84). 4 The entry "drafting" indicates a provision of a mechanical or editorial nature only affecting the arrangement of the consolidation. 5 The Table does not show the effect of the saving by paragraph 10 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9), which preserves provisions of the Social Security (Northern Ireland) Act 1975 (c. 15) as that Act continues to operate for the purposes of the Social Security Pensions (Northern Ireland) Order 1975 (NI 15) by virtue of Article 2(3) of that Order.
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