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Pension Schemes (Family Law) Regulations, 1997 [S.I. No. 107 of 1997]Introductory TextPart 1 General (regs. 1-3)Regulation 1 Citation and CommencementRegulation 2 RevocationRegulation 3 DefinitionsPart 2 Calculation of Designated Benefit (regs. 4-24)Regulation 4 GeneralRegulation 5 Pension Adjustment OrderRegulation 6 Determination of type of pension schemeRegulation 7 Defined Benefit Scheme Active member Calculation of designated benefit at normal pensionable ageRegulation 8 Defined Benefit Scheme Active member Calculation of designated benefit on retirement earlier than normal pensionable ageRegulation 9 Defined Benefit Scheme Enhanced retirement benefit payable prior to normal pensionable age due to incapacityRegulation 10 Defined Benefit Scheme Active Member Calculation of designated benefit on retirement later than normal pensionable ageRegulation 11 Defined Benefit Scheme Active member Calculation of designated benefit on retirement having previously withdrawn from reckonable serviceRegulation 12 Defined Benefit Scheme Deferred pensioner Calculation of designated benefitRegulation 13 Defined Benefit Scheme Current Pensioner Calculation of designated benefitRegulation 14 Defined Benefit Scheme Improvements and reductions in retirement benefitRegulation 15 Defined Contribution Scheme Active member Calculation of designated benefit at retirementRegulation 16 Defined Contribution Scheme Active member Calculation of designated benefit on retirement having previously withdrawn from reckonable serviceRegulation 17 Defined Contribution Scheme Deferred Pensioner Calculation of designated benefitRegulation 18 Defined Contribution Scheme Current pensioner Calculation of designated benefitRegulation 19 Defined Contribution Scheme Insufficient information to accurately identify and calculate the accumulated valueRegulation 20 Additional Voluntary ContributionsRegulation 21 Retirement benefit provided in respect of a transfer of accrued rights from another pension schemeRegulation 22 Defined Benefit Scheme switches to defined contribution basisRegulation 23 Defined Contribution Scheme switches to defined benefit basisRegulation 24 Calculation of designated benefit following previous orderPart 3 Calculation of Residual Benefit (regs. 25-28)Regulation 25 GeneralRegulation 26 Retirement Benefit Defined Benefit SchemeRegulation 27 Retirement Benefit Defined Contribution SchemeRegulation 28 Contingent BenefitPart 4 Transfer Amounts (regs. 29-34)Regulation 29 GeneralRegulation 30 Transfer following an application from the non member spouseRegulation 31 Calculation of Transfer Amount Defined Benefit SchemeRegulation 32 Calculation of Transfer Amount Defined Contribution SchemeRegulation 33 Application of transfer amountRegulation 34 Transfer initiated by TrusteesPart 5 Payment of Designated Benefit (regs. 35-41)Regulation 35 GeneralRegulation 36 Pension IncreasesRegulation 37 Exercisable OptionsRegulation 38 Benefits on death of non-member spouse following commencement of designated benefitRegulation 39 Termination of reckonable service of member spouseRegulation 40 Death of member spouse prior to commencement of designated benefitRegulation 41 Death of non-member spouse prior to commencement of designated benefitPart 6 Contingent Benefits (regs. 42-46)Regulation 42 GeneralRegulation 43 Termination of relevant employmentRegulation 44 Temporary AbsenceRegulation 45 Specific DefinitionsRegulation 46 Effect of OrderPart 7 Calculation Under Section 12 (25) or Section 17 (25) (regs. 47-50)Regulation 47 GeneralRegulation 48 Retirement benefit Defined Benefit BasisRegulation 50 Contingent BenefitRegulation 49 Retirement Benefit Defined Contribution BasisGiven underExplanatory Note
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 27 February 1997 - onwards

Regulation 44 Temporary Absence

For the purpose of section 12 (3) of the Act of 1995 and section 17 (3) of the Act of 1996 and this Part of the regulations where a member spouse's relevant employment is interrupted due to temporary absence such relevant employment shall be treated as not being terminated.

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