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Pension Schemes (Northern Ireland) Act 1993

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Change 1

What to do with it
As published

174 Linked qualifying service.

(1) Subject to subsections (2) to (4), for the purposes of this Act 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 Chapter 1 or 2 of Part 4ZA or under the rules of a scheme applying to him in the earlier period of service— (i) there was made a transfer of his rights (including any transfer credits allowed) under that scheme, or a transfer payment in respect of those rights, to, or to the trustees or managers of, another scheme applying to him in the later period of service; (ii) those rights were secured by a policy of insurance or an annuity contract and were subsequently transferred to another scheme applying to him in the later period of service; or (iii) a cash equivalent (within the meaning of Chapter 1 of Part 4ZA) or cash transfer sum (within the meaning of Chapter 2 of that Part) was paid in respect of him to the trustees or managers of another scheme applying to him in the later period of service; and (b) in consequence of the transfer of his accrued rights to the second scheme, or the payment to the trustees or managers of that scheme, there are (or were) allowed to him transfer credits under the rules of that other scheme. (2) For any service to be taken into account as linked qualifying service, it must be actual service and no regard shall be had to any scheme rule which provides for service to be treated for any purposes of benefit or otherwise as longer or shorter than it actually was. (3) Only so much of the earlier period as is a period of service in respect of which there accrued under the first scheme any of the rights transferred to the second scheme shall be linked qualifying service in relation to the later period of service. (4) For the purposes of Chapter I of Part IV, as respects any case where the rules of the scheme provide— (a) that an earner is not entitled to become a member unless he satisfies specified conditions, but (b) that, if he becomes a member, rights are to accrue to him in respect of periods of service before he satisfied any such conditions, regulations may provide for any such periods to be treated, in such cases and to such extent as may be prescribed, as linked qualifying service with later periods of service.

Your change, as a redline

174 Linked qualifying service.

(1) Subject to subsections (2) to (4), for the purposes of this Act 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 Chapter 1 or 2 of Part 4ZA or under the rules of a scheme applying to him in the earlier period of service— (i) there was made a transfer of his rights (including any transfer credits allowed) under that scheme, or a transfer payment in respect of those rights, to, or to the trustees or managers of, another scheme applying to him in the later period of service; (ii) those rights were secured by a policy of insurance or an annuity contract and were subsequently transferred to another scheme applying to him in the later period of service; or (iii) a cash equivalent (within the meaning of Chapter 1 of Part 4ZA) or cash transfer sum (within the meaning of Chapter 2 of that Part) was paid in respect of him to the trustees or managers of another scheme applying to him in the later period of service; and (b) in consequence of the transfer of his accrued rights to the second scheme, or the payment to the trustees or managers of that scheme, there are (or were) allowed to him transfer credits under the rules of that other scheme. (2) For any service to be taken into account as linked qualifying service, it must be actual service and no regard shall be had to any scheme rule which provides for service to be treated for any purposes of benefit or otherwise as longer or shorter than it actually was. (3) Only so much of the earlier period as is a period of service in respect of which there accrued under the first scheme any of the rights transferred to the second scheme shall be linked qualifying service in relation to the later period of service. (4) For the purposes of Chapter I of Part IV, as respects any case where the rules of the scheme provide— (a) that an earner is not entitled to become a member unless he satisfies specified conditions, but (b) that, if he becomes a member, rights are to accrue to him in respect of periods of service before he satisfied any such conditions, regulations may provide for any such periods to be treated, in such cases and to such extent as may be prescribed, as linked qualifying service with later periods of service.

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