[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 41

41.(1) Where the annual rate of a pension required to be provided by a scheme
in accordance with Article 35 or 38 would not exceed the prescribed amount and
the circumstances are such as may be prescribed, the scheme may provide for
the payment of a lump sum instead of that pension.

(2) A scheme may, with the approval of the Occupational Pensions Board,
provide for the payment to the earner of a lump sum instead of any part of the
pension required to be provided for him under Article 35 which exceeds the
guaranteed minimum; but

(a)the manner in which the amount of the lump sum is arrived at under the
scheme must be satisfactory to the Board; and

(b)the Board shall not give their approval under this paragraph unless they
are satisfied that it will not result in the benefits of the scheme, taken as
a whole, being less favourable to the earner than would otherwise have been
the case.

(3) Without prejudice to paragraph (1), a scheme may, in relation to a case
where the earner dies before attaining pensionable age, provide for the
payment of a lump sum instead of any part of the pension required to be
provided for his widow in accordance with Article 38 which exceeds her
guaranteed minimum, being a lump sum equal to not less than eleven times what
would have been the annual rate of that part; and paragraph (8) of that
Article shall have effect in relation to any such lump sum as it has effect in
relation to any part of a pension in excess of the widow's guaranteed minimum.

(4) Neither Article 35 nor Article 38 shall preclude a scheme from providing

(a)for any part of a pension in excess of the earner's or widow's guaranteed
minimum, as the case may be, to be forfeited or surrendered or to be subject
to any charge, lien or set-off; or

(b)for the earner's or widow's guaranteed minimum pension to be suspended or
forfeited in such circumstances as may be prescribed.

© 1975 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/sspio1975483/s1975.html