The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011
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The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011
Statutory Rules of Northern Ireland
PensionsMade16 th March 2011Coming into operation6 th April 2011The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 152 A, 188(4)(a) , 189 and 287(1) to (3) of the Pensions (Northern Ireland) Order 2005(1) and sections 86(2) , 90 , 92(3) , 93(1)(b)(ii) and (4) , 94(6) and (8)(b) , 95(1) , (2)(b) and (c) , 96 , 97 and 113(2) of, and paragraphs 5(4) , 7(5) , 9(1) , (2) and (6) , 10(1) , 17(6) , 18 and 19 of Schedule 4 to, the Pensions (No. 2) Act (Northern Ireland) 2008(2).PART 1 GeneralCitation, commencement and interpretation1.—(1) These Regulations may be cited as the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011 and shall come into operation on 6 th April 2011.(2) In these Regulations—“the Act” means the Pensions (No. 2) Act (Northern Ireland) 2008;“the 2005 Order” means the Pensions (Northern Ireland) Order 2005;“admissible rules” has the same meaning as in paragraph 35(3) of Schedule 6 to the 2005 Order;“child of the family” means—a child of the transferee, orany other child who has been treated by the transferee as a child of the family, other than a child placed with the transferee as a foster parent in accordance with Part II of the Foster Placement (Children) Regulations (Northern Ireland) 1996(4);“compensation cap” has the same meaning as in paragraph 26(7) of Schedule 6 to the 2005 Order;“member” means the party who is entitled to present or future payment of PPF compensation under the pension compensation provisions and includes a pension compensation credit member;“pension compensation attachment order” means an order made under any of the provisions specified in regulation 15(1)(a) to (e);“pension compensation credit member” means a person who has rights to PPF compensation which are attributable to a pension compensation credit;“pension compensation debit” means a debit of the appropriate amount, to be applied to the transferor’s shareable rights to PPF compensation, on the taking effect of a pension compensation sharing order or provision (see section 89);“PPF” means the Pension Protection Fund;“qualifying course” means a full time educational or vocational course at a recognised educational establishment where, in pursuit of that course, the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds 12 hours per week in normal term time, and includes any gaps between the ending of one course and the commencement of another, where the person is enrolled on and commences the latter course;“relevant compensation” means the payments to which the member is entitled (or will become entitled on attaining normal pension age) under the pension compensation provisions by virtue of the member’s shareable rights to PPF compensation that derive from rights under a specified scheme;“relevant partner” means a person of either sex who was not married to, or in a civil partnership with, the transferee and who was living with the transferee—as if that person and the transferee were husband and wife, orin the case of two adults of the same sex, as if they were civil partners;“surviving dependant” means—a child of the family who was...See the full content of this document
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