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SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 38

38.(1) Subject to the provisions of this Part, for an occupational pension
scheme to be contracted-out in relation to an earner's employment it must
provide, in the event of his dying (whether before or after attaining
pensionable age) and leaving a widow, for her to be entitled to a pension
under the scheme.

(2) Subject to paragraphs (4) and (5), the scheme must contain rules whereby
the annual rate of the pension will be not less than the requisite minimum
under this Article, which is [ths per cent. of either

(a)the earner's average annual salary in the whole period of his service in
contracted-out employment by reference to the scheme; or

(b)his final salary (or last salary before death),

(3) To comply with this Article the scheme must also contain a rule to the
effect that if the earner had a guaranteed minimum under Article 37 the weekly
rate of the widow's pension will be not less than her guaranteed minimum,
which shall be half that of the earner.

(4) Where it is a condition of the scheme that the earner shall complete a
specified minimum period of service before qualifying for requisite benefits
in excess of guaranteed minimum pensions the scheme need not contain the rules
specified in paragraph (2) for the case of the earner's service being
terminated (by death or otherwise) before completion of that minimum period.

(5) The widow's pension need not be in accordance with paragraph (2) in case
of the earner dying after termination of his service in the relevant
employment and either

(a)his having completed in that employment less than five years' qualifying
service for the purposes of Schedule 3; or

(b)his being under the age of twenty-six on termination of that employment.

(6) Subject to the following provisions of this Article, the scheme must
provide for the widow's pension to be payable for any period for which a
Category B retirement pension, widowed mother's allowance or widow's pension
is payable to her by virtue of the earner's contributions or for which a
Category B retirement pension would be so payable but for section 27(6) of the
principal Act.

(7) The scheme may, with the approval of the Occupational Pensions Board,
contain provisions not complying with this Article in relation to any part of
the pension in excess of the widow's guaranteed minimum where the marriage of
the widow to the earner takes place after the termination of his service in
contracted-out employment by reference to the scheme and not more than six
months before his death.

(8) The widow's guaranteed minimum pension must be payable to her; but the
scheme may, with the approval of the Occupational Pensions Board, contain
provisions whereby, at the discretion of the trustees or managers, any other
part of the pension required by this Article is not paid to her, but instead
comparable benefits are provided for one or more dependants of the deceased
earner.

(9) The scheme may, with the approval of the Occupational Pensions Board,
provide for reducing any part of the pension in excess of the widow's
guaranteed minimum where the person to whom it is payable (whether the widow
or by virtue of paragraph (8) another dependent of the deceased) was more than
ten years younger than he was.

© 1975 Crown Copyright

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