Part IVN.I. Protection for Early Leavers

Chapter IIIN.I. Protection of Increases in Guaranteed Minimum Pensions (“Anti-franking”)

Modifications etc. (not altering text)

C3Pt. 4 Ch. 3 modified (1.4.2015) by The Teachers Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/170), regs. 1, 9(1) (which amending provision ceases to have effect (6.4.2016) by virtue of S.R. 2016/134, reg. 2)

C4Pt. 4 Ch. 3 modified (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/81), regs. 1(1), 9(1) (which amending provision ceases to have effect (6.4.2016) by virtue of S.R. 2016/34, reg. 1(3))

C5Pt. 4 Ch. 3 modified (1.4.2015) by The Police Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/156), regs. 1(2), 9(1) (which amending provision ceases to have effect (6.4.2016) by virtue of S.R. 2016/24, reg. 1(2))

C6Pt. 4 Ch. 3 modified (1.4.2015) by The Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/167), regs. 1, 9(1) (which amending provision ceases to have effect (6.4.2016) by virtue of S.R. 2016/163, reg. 2)

C7Pt. 4 Ch. 3 modified (1.4.2015) by The Firefighters Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/166), regs. 1, 9(1) (which amending provision ceases to have effect (6.4.2016) by virtue of S.R. 2016/161, reg. 2)

85 The appropriate addition.N.I.

(1)For the purposes of this Chapter “appropriate addition” means—

(a)where a scheme provides that part of an earner’s or, as the case may be, a [F1widow's, widower’s or surviving civil partner's] pension shall accrue after the cessation date by reason of the earner’s employment after that date, an amount equal to the part which has so accrued; and

(b)where a scheme provides that an earner’s or, as the case may be, a [F1widow's, widower’s or surviving civil partner's] pension which has accrued before that date shall be enhanced after that date if payment of the earner’s pension is postponed, the amount by which the unguaranteed element of the pension has been enhanced by reason of the postponement.

(2)For the purposes of subsection (1)(b) the unguaranteed element of a pension is—

(a)in the case of an earner’s pension, the excess of the pension on the day after the cessation date over the earner’s guaranteed minimum on that day; and

(b)in the case of the [F2widow's, widower’s or surviving civil partner's] pension, the excess of that pension on that day over one half of the earner’s guaranteed minimum on that day.