The Transfer of State Pensions and Benefits (Amendment) Regulations 2010

• Citation: S.I. 2010/1825
• Sections: 7

Section 1 Citation and commencement

These Regulations may be cited as the Transfer of State Pensions and Benefits (Amendment) Regulations 2010 and shall come into force on 1st November 2010.

Section 2 Amendment of the Transfer of State Pensions and Benefits Regulations 2007

The Transfer of State Pensions and Benefits Regulations 2007 are amended as follows.

Section 3 Amendment of the Transfer of State Pensions and Benefits Regulations 2007

(1) Regulation 1 (citation, commencement and interpretation) is amended in accordance with this regulation.

(2) In paragraph (2) (interpretation)—

(a) omit the definitions of “the Communities’ scheme”, “the 1992 Act” and “relevant benefit”;

(b) before the definition of “guarantee date” insert—

“the 1992 Acts ” means—

the Social Security Contributions and Benefits Act 1992 ; and

the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;

“active employment” has the same meaning as in Article 36 of the Council Regulation ;

“the Council Regulation” means Council Regulation (EEC, Euratom, ECSC) No.259/68 laying down staff regulations of officials and the conditions of employment of other servants of the European Union;

“the EU scheme” means the pension scheme provided for officials of EU institutions in accordance with Articles 77 to 84 of, and Annex VIII to, the Council Regulation;

(c) after the definition of “guarantee date” insert—

“leave on personal grounds” has the same meaning as in Article 40 of the Council Regulation;

“relevant benefit” means—

graduated retirement benefit under—

sections 36 and 37 of the National Insurance Act 1965 ; and

sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966 ;

any benefit under Parts 2 to 5 and 10 of the 1992 Acts;

contribution-based jobseeker’s allowance under—

Part 1 of the Jobseekers Act 1995 ; and

Part 2 of the Jobseekers (Northern Ireland) Order 1995 ;

contributory employment and support allowance under—

Part 1 of the Welfare Reform Act 2007 ; and

Part 1 of the Welfare Reform Act (Northern Ireland) 2007 ;

“secondment” has the same meaning as in Articles 37 to 39 of the Council Regulation;

(d) in the definition of “transferor”, for “the Communities’ scheme” substitute “the EU scheme”.

(3) After paragraph (2) insert—

(2A) References in these Regulations to an Article of, or an Annex to, the Council Regulation are references to that Article or Annex as amended from time to time.

(4) Omit paragraph (3).

Section 4 Amendment of the Transfer of State Pensions and Benefits Regulations 2007

(1) Regulation 2 (transferable rights) is amended in accordance with this regulation.

(2) In paragraph (1)—

(a) for “paragraph (2)” substitute “paragraphs (2) to (2B)”;

(b) in sub-paragraph (a), for “the 1992 Act” substitute “the 1992 Acts”;

(c) in sub-paragraph (c), after “Act 1965” insert “and the National Insurance Act (Northern Ireland) 1966” .

(3) In paragraph (2)—

(a) in sub-paragraph (a)(i), for “the 1992 Act” substitute “the 1992 Acts”;

(b) in sub-paragraph (a)(ii), for “that Act” substitute “those Acts”;

(c) in sub-paragraph (b), after “Act 1992” insert “and section 142 of the Social Security Administration (Northern Ireland) Act 1992” .

(4) After paragraph (2) insert—

(2A) Paragraph (1) does not include any such rights which are referable to the period specified in paragraph (2B).

(2B) The period referred to in paragraph (2A) is the period commencing on the date on which the person begins active employment as an official of the EU and ending on the date on which the person ceases such employment, excluding any period of—

(a) secondment; or

(b) leave on personal grounds.

(5) In paragraph (3)—

(a) after “Regulations 1979” insert “and regulation 6(1) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979” ; and

(b) for “the paragraph” substitute “each of those paragraphs”.

Section 5 Amendment of the Transfer of State Pensions and Benefits Regulations 2007

In regulations 3 and 6 to 9, for “the Communities’ scheme”, wherever those words occur, substitute “the EU scheme”.

Section 6 Amendment of the Transfer of State Pensions and Benefits Regulations 2007

In regulation 8, for “the 1992 Act”, wherever those words occur, substitute “the 1992 Acts”.

Section 7 Revocation of the Transfer of State Pensions and Benefits Regulations (Northern Ireland) 2007

The Transfer of State Pensions and Benefits Regulations (Northern Ireland) 2007 are revoked.