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The Pensions (2015 Act) (Pension Sharing on Divorce etc.) (Transitional Provision) Order (Northern Ireland) 2016

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Transitional provision in connection with the coming into operation of amendments to pension sharing on divorce etc.

2.—(1) This Order applies in a case where Article 46A of the Welfare Reform and Pensions (Northern Ireland) Order 1999(1) (creation of debits and credits: transferor in new state pension system and sharing activated on or after 6 April 2016) would otherwise apply and either—

(a)the petition for divorce or nullity of a marriage was issued before 6th April 2016;

(b)the application for dissolution or annulment of a civil partnership was issued before 6th April 2016; or

(c)in the case of the application for financial relief after overseas divorce or nullity of a marriage or overseas dissolution or annulment of a civil partnership, the application for permission of the court for financial relief was issued before 6th April 2016.

(2) In a case where this Order applies—

(a)Article 46 of the Welfare Reform and Pensions (Northern Ireland) Order 1999(2) (creation of state scheme pension debits and credits: transferor in old state pension system or pension sharing activated before 6 April 2016) applies;

(b)Article 46A of that Order does not apply; and

(c)the relevant order is to be treated as taking effect on 5th April 2016.

(1)

S.I. 1999/3147 (N.I. 11); Article 46A is inserted by paragraph 12 of Schedule 11 to the Pensions Act (Northern Ireland) 2015

(2)

Article 46 was amended by section 37(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) and is amended by paragraph 11 of Schedule 11 to the Pensions Act (Northern Ireland) 2015

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