[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 45

45.(1) The amount of a contributions equivalent premium shall be the
equivalent, as certified by the Department, of the amount by which the Class 1
contributions payable in respect of the earner's employment in contracted-out
employment by reference to the scheme have fallen short of what would have
been payable if the employment had not been contracted-out; and in certifying
any amount under this Article the Department may make such adjustments as it
considers necessary for avoiding fractional amounts.

(2) Where under the rules of the scheme transfer credits have been allowed in
respect of the earner's accrued rights under another scheme, the references in
Article 44(1), and in paragraph (1), to contracted-out employment by reference
to the scheme shall include references to employment in any period of linked
qualifying service which was contracted-out employment by reference to the
other scheme.

(3) For the purposes of Article 44(2), a scheme conforms to the appropriate
extent with the preservation requirements of Part V if

(a)it entitles the earner to short service benefit within the meaning of those
requirements; or

(b)it makes any provision which under those requirements is permitted as an
alternative to short service benefit (other than provision for return of
contributions or for benefit in the form of a lump sum).

(4) Except in such cases as may be prescribed, an employer shall not, in
making or abstaining from making elections under Article 44(2) or (3),
discriminate between different earners on any grounds other than their
respective lengths of relevant service; and if the Occupational Pensions Board
consider that an employer is contravening this paragraph, they may cancel any
contracting-out certificate held by him in respect of the scheme in question.

(5) In paragraph (4) "relevant service" means service in contracted-out
employment by reference to the scheme, together with any service in
contracted-out employment which in relation to service in that employment is
linked qualifying service.

(6) An election by an employer under Article 44(2) or (3) must be made within
the prescribed period in the prescribed manner; and where an employer elects
to pay a premium in respect of an earner, he shall pay it to the Department
within the prescribed period.

(7) Payment of a premium under Article 44(2) shall operate to extinguish the
earner's accrued rights to guaranteed minimum pensions under the scheme; and
payment of a premium under Article 44(3) shall operate to extinguish any right
to guaranteed minimum pension in respect of the widow.

(8) Subject to regulations made under paragraph 1 of Schedule 2, an employment
which is terminated by the death of the employer shall be treated for the
purposes of Article 44 as terminated immediately before the death.

© 1975 Crown Copyright

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