SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975

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SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 32



32.(1) Subject to the provisions of this Order, the employment of an earner in
employed earner's employment is contracted-out employment in relation to him
during any period in which he is under pensionable age and

(a)his service in the employment is for the time being service which qualifies
him for the requisite benefits of an occupational pension scheme; and

(b)the scheme is a contracted-out scheme in relation to that employment; and

(c)there is in force a certificate, issued by the Occupational Pensions Board
and known as a "contracting-out certificate", that the employment is
contracted-out employment by reference to the scheme.

(2) Where it is a condition of a scheme that the earner shall complete a
specified minimum period of service before qualifying for requisite benefits
in excess of guaranteed minimum pensions, then in determining whether his
service qualifies him as mentioned in paragraph (1)(a) at a time when he has
not completed that period of service, the assumption is to be made that he
will complete it; but in such a case for the employment to be contracted-out
by reference to the scheme

(a)the minimum period must not be more than five years;

(b)any service during that period must count towards guaranteed minimum
pensions; and

(c)any service in the period must, when the period is completed, count towards
all the requisite benefits of the scheme.

(3) Any contracting-out certificate for the time being in force in respect of
an employed earner's employment shall be conclusive that the employment is
contracted-out employment.

(4) Regulations shall provide for the determination by the Board of any
question whether an employment is to be treated as contracted-out employment
or as to the persons in relation to whom, or the period for which, an
employment is to be so treated.

Para.(5) rep. by 1976 NI16 art.82(3) sch.7

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Northern Irish Legislation

SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 32