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Social Security Act 1989

Changes over time for: Paragraph 20

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Version Superseded: 07/02/1994

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20(1)For paragraph 8 of that Schedule there shall be substituted—

8The rules shall provide for effect to be given to the protected rights of a member—

(a)in any case where sub-paragraph (2) of paragraph 9 below so requires, by the purchase of such an annuity as is mentioned in that sub-paragraph, and

(b)in any other case, in such of the ways permitted by that paragraph as the rules may specify,

and they shall not provide for any part of a member’s protected rights to be discharged otherwise than in accordance with that paragraph.

(2)Sub-paragraph (2) of paragraph 9 of that Schedule (cases in which protected rights may be given effect by purchase of annuity) shall be amended as follows—

(a)at the beginning there shall be inserted the words “ Subject to sub-paragraphs (4) and (6) below ”; and

(b)for the words “effect may be given to protected rights” there shall be substituted the words “ then, except to the extent that effect is given to protected rights in accordance with sub-paragraph (3) below, effect shall be given to those rights ”.

(3)After sub-paragraph (7) of that paragraph (half rate pension or annuity for earner’s widow or widower etc) there shall be inserted—

(7A)As respects the period of 5 years beginning with the commencement of the pension or annuity referred to in sub-paragraph (7) above, that sub-paragraph shall have effect in relation to that pension or annuity as if the words “at least” were inserted immediately before the words “one-half” in paragraph (b)(i).

[F1(4)If immediately before the passing of the Social Security Act 1990 there is in force in relation to an occupational or personal pension scheme either—

(a)a contracting–out certificate under Part III of the Pensions Act which states that the scheme is contracted–out by virtue of section 32(2A) of that Act, or

(b)an appropriate scheme certificate under Part I of the 1986 Act,

then, to the extent that the rules of the scheme are inconsistent with any provision made by sub–paragraphs (1) to (3) above, they shall be overridden by that provision.]

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