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NATIONAL INSURANCE ACT (NORTHERN IRELAND) 1966 - SECT 110

Short title.

110.(1) This Act may be cited as the National Insurance Act (Northern Ireland)
1966.

1. Where a person defers his retirement from regular employment after
attaining pensionable age, or has made an election by virtue of section 30(3)
of the Act and has not revoked it, then for the purpose of calculating the
graduated retirement benefit payable to him from the date of his retirement

(a)there shall be added to the amount of the graduated contributions properly
paid by him as an insured person one-half of the aggregate graduated
retirement benefit which would have been payable to him for any period before
6th April 1979 (disregarding the effect of any order made under section 120 of
the Act) if he had retired from regular employment on attaining pensionable
age and had received that benefit for the whole of the period without any
interruption or abatement:

Provided that, in computing the addition to be made in accordance with this
paragraph in the case of a person who has made an election by virtue of
section 30(3) of the Act (re-entry into regular employment) or the
corresponding provisions of any earlier Act, no account shall be taken of any
period between 6th April 1975 and 5th April 1979 (both dates inclusive) which
falls between the date of that election and the date of his previous
retirement; and

(b)the rate of his graduated retirement benefit shall be increased by an
amount equal to the increments to which he is entitled under paragraph 3
below, but only if either

(i)that amount is enough to increase the rate of the benefit by at least 1 per
cent., or

(ii)he has attained pensionable age before 6th April 1979, and has either
deferred his retirement before that date, or made an election by virtue of
section 30(3) of the Act taking effect before that date or both.

2. Where a woman who is over pensionable age but has not retired from regular
employment is entitled by virtue of section 36(1) of the Act of 1966 to
graduated retirement benefit, and she has, on or after 6th April 1979, made an
election by virtue of section 30(3) of the Act and has not revoked it, then,
for the purpose only of determining her right to increments under this
Schedule, her election shall be treated as if it took effect from 6th April
1979, or, if later, the date of the death of her husband by virtue of whose
graduated contributions she is so entitled.

3.(1) Subject to paragraph 4 below, a person is entitled to an increment under
this paragraph for each complete incremental period (beginning not earlier
than 6th April 1979) in his period of deferment.

(2) In this Schedule

(a)"incremental period" means any period of 6 days which are treated by the
Social Security (Widow's Benefit and Retirement Pensions) (Amendment)
Regulations (Northern Ireland) 1978 as days of increment for the purposes of
Schedule 1 to the Pensions Order as amended by Article 4 of the Social
Security (Miscellaneous Provisions) (Northern Ireland) Order 1977 in relation
to the person and the pension in question; and

(b)"period of deferment", in relation to any person, means the period
beginning with the day on which he attains pensionable age and ending with the
day before that of his retirement.

(3) Subject to paragraph 4 below, the amount of the increment for any such
incremental period shall be 1/7th per cent. of the weekly rate of the
graduated retirement benefit to which that person would have been entitled for
the period if he had retired on attaining pensionable age, the result being
rounded to the nearest whole penny, taking p as nearest to the next whole
penny above.

(4) Where one or more orders have come into force under section 120 of the Act
(increases in rates of benefit) during the period of deferment the rate of the
benefit for any incremental period shall be determined as if the order or
orders had come into force before the beginning of the period of deferment.

4.(1) Where during a person's period of deferment there are one or more
increases (other than any made by such an order as is mentioned in
paragraph 3(4) above) in the weekly rate of graduated retirement benefit which
would have been payable to him during that period if he had not deferred his
retirement from regular employment or made an election by virtue of
section 30(3) of the Act, the total amount of increment for the
period of deferment shall be

(a)1/7th per cent., for each incremental period in the period of deferment, of
the weekly rate of the graduated retirement benefit to which he would have
been entitled immediately after his retirement if he had retired on attaining
pensionable age; plus

(b)in respect of each such increase, 1/7th per cent. of its weekly rate for
each incremental period in the period beginning with the day on which that
increase occurred and ending with the day before that of the person's
retirement.

(2) Where one or more orders have come into force under section 120 of the Act
during the period of deferment the weekly rates mentioned in sub-paragraph (1)
above shall be determined as if the order or orders had come into force before
the beginning of the period of deferment.

© 1966 Crown Copyright

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