SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975

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SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 35



35.(1) Subject to the provisions of this Part, for an occupational pension
scheme to be contracted-out in relation to an earner's employment it must
provide for him to be entitled to a pension under the scheme if he attains
pensionable age and contain

(a)rules for determining the annual rate of the pension that comply with the
requirements of Article 36; and

(b)a rule to the effect that if the earner has a guaranteed minimum under
Article 37 the weekly rate of the pension will be not less than his guaranteed
minimum under that Article.

(2) Subject to paragraphs (3) and (4), the scheme must provide for the pension
to commence on the date on which the earner attains pensionable age and to
continue for his life.

(3) The scheme may provide for the commencement of the earner's guaranteed
minimum pension to be postponed for any period for which he continues in
employment after attaining pensionable age but so that his consent is required

(a)for any postponement by virtue of employment to which the scheme does not
relate; and

(b)for any postponement after the expiration of five years from the date on
which he attains pensionable age.

(4) The scheme may provide for any part of the pension in excess of the
earner's guaranteed minimum to commence from a date not more than three months
after that on which he attains pensionable age or to be postponed for any
period for which he continues in employment (whether or not employment to
which the scheme relates) after attaining that age.

(5) Equivalent pension benefits for the purposes of the former legislation are
not to be regarded as constituting any part of the earner's guaranteed minimum
pension.

(6) The benefits referred to in paragraph (5) are any to which the earner may
be immediately or prospectively entitled in respect of a period of employment
which

(a)was for him non-participating employment under that legislation; and

(b)was not on its termination the subject of any payment in lieu of
contributions;

(7) In this Article "the former legislation" means Part III of the National
Insurance Act (Northern Ireland) 1966 and the previous corresponding
enactments.

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Northern Irish Legislation

SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 35