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SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 48



48.(1) Where an earner's service in contracted-out employment is terminated
and

(a)he (or by virtue of a connection with him, any other person) is entitled to
a refund of any payments made by or in respect of him for the purposes of the
relevant scheme towards the provision of benefits under the scheme; and

(b)a [contributions equivalent premium] falls to be paid by any person in
respect of him under this Part,

(2) For the purposes of this Article the certified amount in relation to a
premium paid in respect of any person who is or was an earner or whose husband
was an earner shall be such amount as may be certified by the Department as
the amount by which the primary Class 1 contributions payable in respect of
the earner's employment in

(a)contracted-out employment by reference to the relevant scheme; and

(b)employment in any period of linked qualifying service which was
contracted-out employment by reference to another scheme,

(3) The amount recoverable under this Article shall not exceed the amount of
the refund or so much of it as has not been made.

(4) Where the period taken into account in arriving at the certified amount
does not coincide with that in respect of which the refund is to be made, the
sum recoverable under this Article shall be determined by reference to so much
of that amount and of the refund as are referable to the same period.

(5) The amount which may be recovered under this Article in respect of any
premium shall be increased by such amount as may be prescribed where the
refund

(a)is made in respect of more than one period of service, and one or more of
those periods are periods of previous linked qualifying service; and

(b)includes any amount paid under a contracted-out scheme in relation to that
service on or in connection with a transfer of accrued rights to another
scheme.

(6) Where the person liable for the premium is himself liable for the refund,
he shall be entitled to retain out of the refund the amount which he could
recover under this Article from another person liable for the refund.

(7) The amount of the refund shall be reduced by any amount recovered or
retained under this Article; and provision shall be made by regulations for
requiring the making of refunds to be delayed for the purpose of enabling any
right of recovery or retainer conferred by this Article to be exercised, and
any provision so made shall have effect notwithstanding anything in any
enactment relating to the making of the refund.

(8) Where an earner's service in contracted-out employment is terminated and

(a)he (or by virtue of a connection with him any other person) is entitled to
a refund of any payments made by or in respect of him under the relevant
scheme in relation to any previous contracted-out employment of his, being
payments towards the provision of benefits under that scheme; and

(b)a [contributions equivalent premium] falls to be paid in respect of him and
the period taken into account in arriving at the certified amount includes the
period of the previous contracted-out employment.

(9) Notwithstanding any contract to the contrary, a person shall not be
entitled to recover any part of a state scheme premium from any earner in
respect of whom it is payable or, except in accordance with this Article, to
recover or retain any part of such a premium out of any money payable to or
for the benefit of the earner or any other person.

(10) The foregoing provisions of this Article shall apply in relation to such
a refund as is referred to in paragraph (1)(a) which becomes payable after the
termination of an earner's service in contracted-out employment as they apply
to such a refund becoming payable on the termination of an earner's service in
such employment; and where he (or, by virtue of a connection with him, any
other person) becomes entitled to any payment in lieu of benefit, those
provisions shall apply in relation to the payment as if it were such a refund
as is referred to in paragraph (1)(a).

(11) For the purposes of paragraph (10), a payment in lieu of benefit is any
payment falling to be made to or for the benefit of, or in respect of, a
person by virtue of his being or having been a member of an occupational
pension scheme, being a payment which either

(a)is made or to be made otherwise than out of the resources of the scheme; or

(b)is made or to be made out of those resources but by way of distribution on
a winding-up; or

(c)falls within such other description of payments as may be prescribed for
the purposes of paragraph (10).

(12) In this Article, "the relevant scheme" in relation to any employment
means the contracted-out scheme by reference to which that employment is or
was contracted-out employment in relation to the earner concerned.



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