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SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 40

40.(1) Where an earner's service in contracted-out employment by reference to
a scheme is terminated before he attains pensionable age the scheme may
provide for his accrued rights to the requisite benefits under the scheme to
be transferred to another scheme but, except where regulations otherwise
provide, only with his consent and [if the other scheme is a contracted-out
scheme in relation to an employment of his at the time of the transfer].

(2) Where under the rules of a scheme transfer credits have been allowed in
respect of an earner's accrued rights to guaranteed minimum pensions under
another scheme, the reference in Article 37(1) to contracted-out employment by
reference to the scheme shall include a reference to employment in any period
of linked qualifying service which was contracted-out employment by reference
to the other scheme.

(3) In this Order

"accrued rights", in relation to an earner, means the rights conferring
prospective entitlement under the scheme in question to the pensions to be
provided for him and his widow in accordance with Articles 35 and 38, and
references to an earner's accrued rights to guaranteed minimum pensions shall
be construed accordingly;

"transfer credits" means rights allowed to an earner under the rules of an
occupational pension scheme by reference to a transfer to that scheme of his
accrued rights from another scheme.

(4) For the purposes of this Order any period of an earner's service in an
employment is linked qualifying service in relation to a later period of
service (whether in the same or another employment) if

(a)under the rules of a scheme applying to him in the earlier period of
service there was made a transfer of his accrued rights under that scheme to
another scheme applying to him in the later period of service; and

(b)in consequence of that transfer, there are (or were) allowed to him
transfer credits under the rules of that other scheme,

© 1975 Crown Copyright

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