- a relevant order or provision
means any of the following—
- a specified time
means a time determined in accordance with regulations under this paragraph.
- a warning notice
means a notice given as mentioned in Article 91(2)(a).
- Accrual rate
means the rate at which under the admissible rules rights to the benefits accrue over time by reference to periods of pensionable service.
- act
includes omission.
- active member
has the meaning given by Article 121(1) of the 1995 Order;
- actuarial equivalence statement
means a statement in writing which— a is given by— i the actuary appointed in relation to the scheme under Article 47(1)(b), or ii a person with prescribed qualifications or experience or who is approved by the Department, and b certifies that actuarial value has been maintained. 8 For the purposes of paragraphs (5) and (7) as they apply in relation to an affected member, actuarial value is maintained if the actuarial value, immediately after the time at which the modification takes effect, of the affected member's subsisting rights is equal to or greater than the actuarial value of his subsisting rights immediately before that time. 67D 1 This Article applies for the purposes of Article 67C. 2 Where— a the information requirement has been satisfied in the case of an affected member in respect of a proposed modification ( “the original modification”), b before the trustees have made a determination, or given their consent, for the purposes of Article 67E(1) in relation to the original modification, the original modification has been revised, and c the modification as so revised ( “the revised modification”) does not differ from the original modific
- actuarial report
means a written report, prepared and signed by the actuary, on developments affecting the scheme's technical provisions since the last actuarial valuation was prepared, and
- actuarial valuation
means a written report, prepared and signed by the actuary, valuing the scheme's assets and calculating its technical provisions,
- additional retirement pension
means— (a) any additional pension or shared additional pension under— (a) the Contributions and Benefits Act, or (b) the Social Security Contributions and Benefits Act 1992, or (b) any graduated retirement benefit under— (a) sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966, or (b) sections 36 and 37 of the National Insurance Act 1965;
- an actuarial valuation
means a written valuation of the scheme's assets and liabilities prepared and signed by the actuary, • “the actuary” means— (a) the actuary appointed under Article 47(1)(b) of the 1995 Order (professional advisers) in relation to the scheme, or (b) if no such actuary has been appointed— (i) a person with prescribed qualifications or experience, or (ii) a person approved by the Department.
- appointed day
means the day appointed under Article 110(2) (no pension protection under Chapter 3 of Part III if the scheme begins winding up before the day appointed by the Department),
- appointed person
has the same meaning as it has in Article 174.
- appointments committee
has the meaning given by paragraph 11(1) of Schedule 1 to the Pensions Act 2004;
- appropriate annuity
means an annuity which satisfies prescribed requirements and is purchased from an insurer who— a falls within section 15(4)(a), b is chosen by the member, and c is willing to accept payment on account of the member from the trustees or managers of the scheme. 97AF 1 Cash transfer sums are to be calculated and verified in the prescribed manner. 2 Any calculation of a contribution refund must conform with such requirements as may be prescribed. 3 Regulations may provide— a for amounts to be deducted in respect of administrative costs in calculating cash transfer sums;
- appropriate percentage
means the lesser of— (a) the percentage increase referred to in paragraph 28(3)(a) of Schedule 7 to the Pensions Act 2004, and (b) 2.5%;
- appropriate rights
has the same meaning as in paragraph 5 of Schedule 5 to that Order (pension credits: mode of discharge);
- Article 367
means Article 367 of the Insolvency Order (transactions defrauding creditors).
- assessment date
means the date on which the assessment period begins;
- assets
includes future assets;
- authorised period
has the same meaning as in Article 135;
- authorised way
means—
- basic retirement pension
means any basic pension under— (a) the Contributions and Benefits Act, or (b) the Social Security Contributions and Benefits Act 1992;
- cash transfer sum
means, in relation to a member of an occupational pension scheme, the cash equivalent, at the date on which his pensionable service terminates, of the benefits mentioned in section 97AA(4)(b). 4 In this Chapter, “contribution refund” means, in relation to a member of an occupational pension scheme, a sum representing the aggregate of— a the member's employee contributions to the scheme, and b where transfer credits have been allowed to the member under the scheme by virtue of a payment ( “the transfer payment”) made by the trustees or managers of another occupational pension scheme, the member's employee contributions to that other scheme, so far as they— i relate to the transfer payment, and ii do not, in aggregate, exceed the amount of the transfer payment. 5 In subsection (4), “employee contributions” means, in relation to a member of an occupational pension scheme, contributions made to the scheme by or on behalf of the member on his own account, but does not include— a a transfer payment by virtue of which transfer credits have been allowed to the member under the scheme, or b any pension credit or amount paid to the scheme which is attributable (directly o
- cessation notice
means—
- closed scheme
means an eligible scheme which is authorised under Article 137 to continue as a closed scheme.
- company
means a company as defined in section 1(1) of the Companies Act 2006 or a company which may be wound up under Part VI of the Insolvency Order (unregistered companies);
- compensation
means compensation payable under Schedule 6 or under Article 125(2).
- consultation regulations
means regulations under Article 236 or 237.
- contribution refund
means, in relation to a member of an occupational pension scheme, a sum representing the aggregate of— a the member's employee contributions to the scheme, and b where transfer credits have been allowed to the member under the scheme by virtue of a payment ( “the transfer payment”) made by the trustees or managers of another occupational pension scheme, the member's employee contributions to that other scheme, so far as they— i relate to the transfer payment, and ii do not, in aggregate, exceed the amount of the transfer payment. 5 In subsection (4), “employee contributions” means, in relation to a member of an occupational pension scheme, contributions made to the scheme by or on behalf of the member on his own account, but does not include— a a transfer payment by virtue of which transfer credits have been allowed to the member under the scheme, or b any pension credit or amount paid to the scheme which is attributable (directly or indirectly) to a pension credit. 97AC 1 This section applies where the pensionable service of a member of an occupational pension scheme has terminated. 2 The trustees or managers of the scheme must— a within a reasonable period a
- contributions
means, in relation to an eligible scheme, contributions payable towards the scheme by or on behalf of the employer or the active members of the scheme in accordance with the schedule of contributions maintained under Article 206 in respect of the scheme.
- delegated function
means a function which is exercisable on behalf of the Board as mentioned in sub-paragraph (1) or (2);
- deposit-taker
has the meaning given by paragraphs (8A) and (8B) of Article 49 of the 1995 Order, except that, for the purposes of this definition, paragraph (8A)(c) of that Article has effect with the omission of the words from “or” to the end,
- Deputy Pensions Ombudsman
means a person appointed under section 145A of the Pension Schemes Act 1993.”
- determination notice
means a notice which is in the prescribed form and contains such information about the determination as may be prescribed;
- Detrimental modification
means a modification of an occupational pension scheme which on taking effect would or might adversely affect any subsisting right of— a any member of the scheme, or b any survivor of a member of the scheme. 5 A person is an “affected member” a in relation to a protected modification within sub-paragraph (a) or (b) of paragraph (3), if, at the time the modification takes effect, he is— i a member of the scheme, or ii a survivor of a member of the scheme, and, on taking effect, the modification would or might affect any of his subsisting rights as mentioned in that sub-paragraph, b in relation to a protected modification within sub-paragraph (c) of that paragraph, if he is of a prescribed description, and c in relation to a detrimental modification which is not a protected modification if, at the time the modification takes effect, he is— i a member of the scheme, or ii a survivor of a member of the scheme, and, on taking effect, the modification would or might adversely affect any of his subsisting rights. 6 “Subsisting right” means— a in relation to a member of an occupational pension scheme, at any time— i any right which at that time has accrued to or
- discretionary award
means an award of a prescribed description;
- Document
includes information recorded in any form, and any reference to production of a document, in relation to information recorded otherwise than in a legible form, is to producing a copy of the information—
- earnings
has the meaning given by section 176(1) of the Pension Schemes Act;
- electronic communications network
has the same meaning as in the Communications Act 2003 (c. 21).
- electronic communications service
has the meaning given by section 32 of the Communications Act 2003;
- eligible scheme
has the meaning given by this Article.
- employee
has the meaning given by section 176(1) of the Pension Schemes Act;
- employee contributions
means, in relation to a member of an occupational pension scheme, contributions made to the scheme by or on behalf of the member on his own account, but does not include— a a transfer payment by virtue of which transfer credits have been allowed to the member under the scheme, or b any pension credit or amount paid to the scheme which is attributable (directly or indirectly) to a pension credit. 97AC 1 This section applies where the pensionable service of a member of an occupational pension scheme has terminated. 2 The trustees or managers of the scheme must— a within a reasonable period after the termination give the member a statement in writing containing information adequate to explain— i the nature of the right acquired by him under section 97AB, and ii how he may exercise the right, and such other information as may be prescribed, and b afford the member a reasonable period after giving him that statement within which to exercise the right. 3 The statement given under subsection (2)(a) must specify, in particular— a in relation to the cash transfer sum to which the member acquires a right under section 97AB, its amount and the permitted ways in which
- employer
has the meaning given in Article 5(9) of the 1999 Order (or, where paragraph (1)(b) applies, in any corresponding provision in force in Great Britain).
- employers in relation to work-based pension schemes
means, in the case of stakeholder pension schemes, the persons upon whom duties are imposed by or by virtue of Article 5 of the 1999 Order (duty of employers to facilitate access to stakeholder pension schemes).
- employment
includes any trade, business, profession, office or vocation.
- enactment
includes any statutory provision;
- estimated Article 75 debt
means the amount which is a reasonable estimate of the amount of the debt which would become due from the employer to the trustees or managers of the scheme under Article 75 of the 1995 Order (deficiencies in the scheme assets) if—
- event
includes a failure to act.
- executive member
has the meaning given by section 2(6)(a) of that Act.
- full scheme liabilities
means— (a) the liabilities under the scheme rules to or in respect of members of the scheme, (b) other liabilities of the scheme, and (c) the estimated cost of winding up the scheme;
- funding level
means the ratio of the scheme's assets to its liabilities;
- government department
means a Northern Ireland department or a department of the government of the United Kingdom;
- group of companies
means a holding company and its subsidiaries (and references to a member of a group of companies are to be read accordingly);
- guaranteed minimum pension provisions
means so much of the Pension Schemes Act and of any other enactment as relates to guaranteed minimum pensions (within the meaning of that Act);
- hybrid scheme
means an occupational pension scheme— (a) which is not a money purchase scheme, but (b) where some of the benefits that may be provided are— (i) money purchase benefits attributable to voluntary contributions of the members, or (ii) other money purchase benefits;
- indexation date
means— (a) the 1st January next falling after a person first becomes entitled to the periodic compensation, and (b) each subsequent 1st January during his lifetime;
- information requirement
means any statement made in compliance with any duty imposed by or by virtue of— (a) Article 59 (duty of trustees or managers to provide scheme return);
- initial notification period
means the period of three months beginning with—
- Inspector
means a person appointed by the Regulator as an inspector.
- internal controls
means— (a) arrangements and procedures to be followed in the administration and management of the scheme, (b) systems and arrangements for monitoring the administration and management of the scheme, and (c) arrangements and procedures to be followed for the safe custody and security of the assets of the scheme;
- legal proceedings
includes proceedings of the Pensions Ombudsman, proceedings of the PPF Ombudsman and proceedings of the Board under Article 189 or 190;
- limited liability partnership
means— and references to a member of a limited liability partnership are to be construed accordingly.
- local authority
has the meaning given by Article 2(2) of the Superannuation (Northern Ireland) Order 1972;
- maximum percentage
means— a 5 per cent. in a case where— i the pension is in payment before the commencement day, or ii the pension is not in payment before the commencement day but the entitlement to the relevant pension credit arose before that day, and b 2.5 per cent. in a case where the entitlement to the relevant pension credit arises on or after the commencement day.”
- member
has the meaning given in section 97AA(5);
- modifications
includes additions, omissions and amendments;
- money purchase benefit
has the meaning given by section 176(1) of the Pension Schemes Act;
- money purchase scheme
has the meaning given by section 176(1) of the Pension Schemes Act;
- multi-employer scheme
means an occupational pension scheme in relation to which there is more than one employer;
- notifiable event
means—
- notification
includes notice;
- occupational pension scheme
has the meaning given by section 1 of the Pension Schemes Act;
- occupational scheme provisions
means provisions contained in or made by virtue of—
- occupational trust scheme
means an occupational pension scheme established under a trust.
- partnership
includes a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom, and
- pay‐as‐you‐go scheme
means an occupational pension scheme under which there is no requirement for assets to be set aside in advance for the purpose of providing benefits under the scheme (disregarding any requirements relating to additional voluntary contributions);
- payment function
means any function conferred on the Board by or by virtue of this Chapter which relates to a person's entitlement to or the payment of any amount under or by virtue of— (a) the pension compensation provisions, (b) Article 150 (duty to pay scheme benefits unpaid at assessment date etc.), (c) Article 153 (discharge of liabilities in respect of compensation), or (d) Article 154 (discharge of liabilities in respect of money purchase benefits);
- pension board
has the same meaning as in the Public Service Pensions Act (Northern Ireland) 2014 (see section 5 of that Act);
- pension credit
has the meaning given by Article 121(1) of the 1995 Order;
- pension credit rights
has the meaning given by Article 121(1) of the 1995 Order;
- pension earmarking order
means— (a) an order under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978 (NI 15) (financial provision orders in connection with divorce etc.) so far as it includes provision made by virtue of Article 27B or 27C of that Order (powers to include provision about pensions), (aa) an order under Part 1 (financial provision in connection with dissolution, nullity or separation) of Schedule 15 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.: Northern Ireland) so far as it includes provision made by virtue of paragraphs 20 and 21 of Part 5 of that Schedule (powers to include provisions about pensions), (b) an order under section 23 of the Matrimonial Causes Act 1973 (c. 18) so far as it includes provision made by virtue of section 25B or 25C of that Act (powers in England and Wales corresponding to those mentioned in paragraph (a)),...
- pension scheme
means an occupational pension scheme or a personal pension scheme,
- pension sharing order or provision
means an order or provision falling within Article 25(1) of the 1999 Order (activation of pension sharing);
- Pensionable earnings
means the earnings by reference to which the benefits are calculated under the admissible rules.
- pensionable service
has the meaning given by Article 121(1) of the 1995 Order.
- pensions dashboard service
means— (a) a pensions dashboard service within the meaning of Article 215A, or (b) a pensions dashboard service within the meaning of section 238A of the Pensions Act 2004;
- pensions information
means, in relation to a relevant occupational pension scheme, such information as may be prescribed, which may include in particular—
- pensions legislation
means any statutory provision contained in or made by virtue of any of the following —
- personal data
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- personal pension scheme
has the meaning given by section 1 of the Pension Schemes Act;
- post-1997 service
means— (a) pensionable service which is within paragraph 36(4)(a) and occurs on or after 6th April 1997;
- pre-1997 service
means— (a) pensionable service which is within paragraph 36(4)(a) and occurred before 6th April 1997;
- prescribed
means prescribed by regulations;
- private pensions policy
means policy relating to occupational pension schemes or personal pension schemes;
- proceedings
includes the issue of notices or any other enforcement action taken by the Regulator under Chapter 2 of Part 1 of the Pensions ( No. 2) Act (Northern Ireland) 2008 or any other provision.
- property
includes—
- prospective member
means any person who, under the terms of his contract of service or the rules of the scheme— a is able, at his own option, to become a member of the scheme, b will become so able if he continues in the same employment for a sufficiently long period, c will be admitted to the scheme automatically unless he makes an election not to become a member, or d may be admitted to it subject to the consent of his employer. 50B 1 The procedure provided for by the dispute resolution arrangements in pursuance of Article 50(4) must (in accordance with Article 50(6)) include the following provision. 2 The procedure must provide that an application for the resolution of a pension dispute under Article 50(4) may be made or continued on behalf of a person who is a party to the dispute mentioned in Article 50(3)(a)(ii)— a where the person dies, by his personal representative, b where the person is a minor or is otherwise incapable of acting for himself, by a member of his family or some other person suitable to represent him, and c in any other case, by a representative nominated by him. 3 The procedure— a must include provision requiring an application to which paragraph (3A) app
- protected items
means—
- protected liabilities
has the meaning given by Article 115 of the Pensions (Northern Ireland) Order 2005, and b references to the assets of the scheme are references to those assets excluding any assets representing the value of any rights in respect of money purchase benefits (within the meaning of that Order) under the scheme.,” “6A Paragraph (6) does not have effect to authorise the Authority to make an order as mentioned in sub-paragraph (a) or (b) of that paragraph, if their doing so would be unlawful as a result of section 6(1) of the Human Rights Act 1998 (unlawful for public authority to act in contravention of a Convention right).”
- Protected modification
means a modification of an occupational pension scheme which— a on taking effect would or might result in any subsisting right of— i a member of the scheme, or ii a survivor of a member of the scheme, which is not a right or entitlement to money purchase benefits becoming, or being replaced with, a right or entitlement to money purchase benefits under the scheme rules, b would or might result in a reduction in the prevailing rate of any pension in payment under the scheme rules, or c is of a prescribed description.
- public authority
means— (a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975), (b) a government department (including any body or authority exercising statutory functions on behalf of the Crown), or (c) a local authority.
- public servant
means an officer or servant of the Crown or of any prescribed authority.
- public service pension scheme
means, subject to paragraph (6A)— (a) a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 (new public service schemes);
- qualifying insolvency event
has the meaning given by Article 111(3);
- Qualifying pensions dashboard service
means a pensions dashboard service in relation to which prescribed requirements are satisfied.
- Recent discretionary increase
means an increase in the rate of any pension in payment or postponed pension under the scheme rules which took effect in the period mentioned in sub-paragraph (5)(a).
- recent rule changes
means—
- recoverable property
means (subject to paragraph (3))—
- recovery of value
means any increase in the value of the Pension Protection Fund, being an increase attributable to any payment received (otherwise than under this Article) by the Board in respect of any act or omission—
- registrable scheme
means an occupational pension scheme, or a personal pension scheme, of a prescribed description.
- Regulated modification
means a modification which is— a a protected modification, or b a detrimental modification, or is both. 3 “Protected modification” means a modification of an occupational pension scheme which— a on taking effect would or might result in any subsisting right of— i a member of the scheme, or ii a survivor of a member of the scheme, which is not a right or entitlement to money purchase benefits becoming, or being replaced with, a right or entitlement to money purchase benefits under the scheme rules, b would or might result in a reduction in the prevailing rate of any pension in payment under the scheme rules, or c is of a prescribed description.
- regulations
means regulations made by the Department;
- Regulator-appointed trustee
means a trustee appointed by the Regulator under Article 7 or 23(1) of the 1995 Order or any corresponding provision in force in Great Britain.
- relevant amount
means (as appropriate)—
- relevant authority
means the Regulator, the Board or the Department.
- relevant benefits
means benefits which are not attributable (directly or indirectly) to a pension credit;
- relevant compensation
means— (a) periodic compensation under paragraph 11 or 15, or (b) lump sum compensation under paragraph 14 or 19.
- relevant complaint
means a complaint— alleging that he has sustained injustice in consequence of maladministration in connection with any act or omission by the Board or any person exercising functions on its behalf.
- relevant contract of insurance
means a contract of insurance which— (a) is entered into with a view to securing the whole or part of the scheme's liability for— (i) any pension or other benefit payable to or in respect of one particular person whose entitlement to payment of a pension or other benefit has arisen, and (ii) any benefit which will be payable in respect of that person on his death, and (b) is a contract— (i) which may not be surrendered, or (ii) in respect of which the amount payable on surrender does not exceed the liability secured;
- relevant contributions
means such contributions in respect of such period or periods as may be prescribed;
- relevant creditors
means—
- relevant date
means a date determined in accordance with regulations.
- relevant employer
means any person— (a) who is, or (b) who, at any time on or after 6th April 1975, has been, the employer in relation to the scheme;
- relevant information
means—
- relevant legislative provision
means any provision contained in any of the following provisions—
- relevant occupational pension scheme
means an occupational pension scheme which is not a stakeholder pension scheme (as defined in Article 3 of the 1999 Order).
- relevant offence
means any offence other than one under— (a) Article 72 (neglect or refusal to provide information etc. to the Regulator);
- relevant pension credit amount
means an amount mentioned in sub-paragraph (3)(a) of— which is attributable (directly or indirectly) to a pension credit.
- relevant pensions legislation
means—
- relevant pre-1997 contract of insurance
means a contract of insurance which was entered into before 6th April 1997 with a view to securing the whole or part of the scheme's liability for— (a) any pension or other benefit payable to or in respect of one particular person whose entitlement to payment of a pension or other benefit has arisen, and (b) any benefit which will be payable in respect of that person on his death. 6 For the purposes of this Article, when determining the corresponding PPF liability in relation to any liability of a scheme to, or in respect of, a member for pensions or other benefits, the pension compensation provisions apply with such modifications as may be prescribed. 7 Regulations may modify paragraph (4). 8 For the purposes of that paragraph— a regulations may prescribe how it is to be determined whether a liability for pensions or other benefits which, in the opinion of the trustees or managers of the scheme, are derived from the payment by any member of voluntary contributions falls within sub-paragraph (a) or (b) of that paragraph;
- relevant public authority
means— (a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26));
- relevant services
means services that may involve the giving of advice or forecasts to which information to which this section applies may be relevant.”
- relevant transferee scheme
means any work-based pension scheme to which any accrued rights to benefits under the scheme are transferred;
- restraining order
means a restraining order under Article 16.
- restricted information
means any information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person, except for information—
- retail prices index
means— a the general index of retail prices (for all items) published by the Office for National Statistics;
- retirement benefits
means—
- retirement planning
means promoting financial planning for retirement.”
- retirement-benefit activities
means—
- return date
means the date specified under paragraph (3)(b) in the scheme return notice;
- review decision
has the meaning given by Article 189(1).
- reviewable matter
means a matter mentioned in Schedule 8.
- right
includes a pension credit right. 7 At any time when the pensionable service of a member of an occupational pension scheme is continuing, his subsisting rights are to be determined as if he had opted, immediately before that time, to terminate that service. 8 “Scheme rules”, in relation to a scheme, means— a the rules of the scheme, except so far as overridden by a relevant legislative provision, b the relevant legislative provisions, to the extent that they have effect in relation to the scheme and are not reflected in the rules of the scheme, and c any provision which the rules of the scheme do not contain but which the scheme must contain if it is to conform with the requirements of Chapter 1 of Part IV of the Pension Schemes Act (preservation of benefit under occupational pension schemes). 9 For the purposes of paragraph (8)— a “relevant legislative provision” means any provision contained in any of the following provisions— i Schedule 5 to the Social Security (Northern Ireland) Order 1989 (equal treatment for men and women);
- schedule of contributions
means a statement showing—
- scheme failure notice
means a scheme failure notice issued under Article 106(2)(a) or 114(2) of the 2005 Order (scheme rescue not possible). 6C For the purposes of this Article— a Article 105 of the 2005 Order applies for the purposes of determining if and when an insolvency event has occurred in relation to the employer, b “appointed day” means the day appointed under Article 110(2) of the 2005 Order (no pension protection under Chapter 3 of Part III of that Order if the scheme begins winding up before the day appointed by the Department), c references to a relevant event in relation to an employer do not include a relevant event which occurred in relation to him before he became the empl
- scheme obligation
means a liability or other obligation (including one that is contingent or otherwise might fall due) to make a payment, or transfer an asset, to—
- scheme return
means a document in the form (if any) specified in the scheme return notice, containing the information required by the notice.
- scheme rules
has the same meaning as in the Pensions (Northern Ireland) Order 2005 (see Article 2 of that Order);
- shareable rights
has the same meaning as in Chapter 1 of Part V of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (sharing of rights under pension arrangements);
- specified
means specified in the freezing order.
- stakeholder pension scheme
means a pension scheme which is registered under Article 4 of the 1999 Order.
- stakeholder scheme
means an occupational pension scheme or a personal pension scheme which is or has been registered under—
- state pension
means any state pension under— (a) Part 1 of the Pensions Act (Northern Ireland) 2015, or (b) Part 1 of the Pensions Act 2014.
- statutory provision
has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);
- Subsisting right
means— a in relation to a member of an occupational pension scheme, at any time— i any right which at that time has accrued to or in respect of him to future benefits under the scheme rules, or ii any entitlement to the present payment of a pension or other benefit which he has at that time, under the scheme rules, and b in relation to the survivor of a member of an occupational pension scheme, at any time, any entitlement to benefits, or right to future benefits, which he has at that time under the scheme rules in respect of the member.
- tax functions
has the same meaning as in section 182 of the Finance Act 1989.
- technical provisions
means the amount required, on an actuarial calculation, to make provision for the scheme's liabilities.
- the 1995 Order
means the Pensions (Northern Ireland) Order 1995 (NI 22);
- the 1999 Order
means the Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11);
- the 2000 Act
means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4);
- the accrued amount
means an amount equal to the amount of the scheme lump sum to which the deferred member would have been entitled in accordance with the admissible rules had normal pension age been the actual age attained by the deferred member when the pensionable service relating to the lump sum ended.
- the actuary
means— (a) the actuary appointed under Article 47(1)(b) of the 1995 Order (professional advisers) in relation to the scheme, or (b) if no such actuary has been appointed— (i) a person with prescribed qualifications or experience, or (ii) a person approved by the Department.
- The admissible rules
means the scheme rules disregarding—
- the applicable rules
means— (a) the rules of the scheme, except so far as overridden by a relevant legislative provision, (b) the relevant legislative provisions, to the extent that they have effect in relation to the scheme and are not reflected in the rules of the scheme, and (c) any provision which the rules of the scheme do not contain but which the scheme must contain if it is to conform with the requirements of Chapter 1;
- the appropriate percentage
means—
- the authorised period
means the prescribed period which begins—
- the benefits value
means the value of the benefits which have accrued to or in respect of P under the admissible rules of the scheme immediately before the assessment date;
- the Board
means the Board of the Pension Protection Fund;
- the commencement day
means the day appointed for the coming into operation of Article 256 of the Pensions (Northern Ireland) Order 2005 (amendments to Article 158);”
- the confirmatory procedure
means the procedure described in paragraph (2).
- the Contributions and Benefits Act
means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);
- the court
means a county court.
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- the Department
means the Department for Social Development;
- the Determinations Panel
means the committee established by the Regulator under section 9 of the Pensions Act 2004 (c. 35);
- the higher revaluation percentage
means the lesser of— (a) the percentage increase referred to in paragraph (a) of the definition of “the higher revaluation percentage” in paragraph 17(4) of Schedule 7 to the Pensions Act 2004 (“the inflation percentage”), and (b) the higher maximum revaluation rate;
- the Insolvency Order
means the Insolvency (Northern Ireland) Order 1989 (NI 19);
- the lower revaluation percentage
means the lesser of— (a) the inflation percentage, and (b) the lower maximum revaluation rate.
- the lump sum compensation annual amount
means the annualised value of the lump sum to which the applicant would have been entitled under paragraph 14 or 19 in relation to the scheme on the granting of the application, if the applicant had attained the relevant age on the granting of the application.
- the pension compensation provisions
has the same meaning as in Part III of the Pensions (Northern Ireland) Order 2005 (see Article 146 of that Order);
- the Pension Schemes Act
means the Pension Schemes (Northern Ireland) Act 1993 (c. 49);
- the pensions legislation
means any statutory provision contained in or made by virtue of— “stakeholder scheme” means an occupational pension scheme or a personal pension scheme which is or has been registered under—
- the periodic compensation annual amount
means the annual amount to which the applicant would have been entitled under paragraph 11 or 15 in relation to the scheme in the year following the granting of the application, if the applicant had attained the relevant age on the granting of the application.
- the PPF Ombudsman
means the Ombudsman for the Board of the Pension Protection Fund;
- the protected amount
means the aggregate of—
- the protected notional pension
means the aggregate of—
- the protected pension rate
means the annual rate of the pension, under the admissible rules, immediately before the assessment date.
- the register
means the register of occupational and personal pension schemes compiled and maintained under section 59 of the Pensions Act 2004 (c. 35).
- the Regulator
means the Pensions Regulator;
- the relevant amount
means the aggregate of— (a) the accrued amount, and (b) the revaluation amount for the first revaluation period (see paragraph 16).
- the relevant compensation provisions
means any of paragraphs 3 to 20, 22 and 23.
- the relevant date
means— (a) in the case of an occupational pension scheme established under a trust, 6th April 1997, and (b) in any other case, the day appointed by the Department by order for the purposes of this Article.
- the relevant event
means— (a) in a case where paragraph (2) applies in relation to an eligible scheme, the event within sub-paragraph (a) of that paragraph, (b) in any other case where paragraph (2) applies, the issue of the scheme failure notice under Article 106(2)(a) mentioned in sub-paragraph (b) of that paragraph, (c) in a case where paragraph (3) applies, the event within sub-paragraph (a) of that paragraph, and (d) in a case where paragraph (4) applies, the trustees or managers becoming aware that sub-paragraphs (b) and (c) of that paragraph apply in relation to the scheme;
- the relevant period
means the period which—
- the relevant provisions
means provisions contained in or made by virtue of—
- the relevant time
means— and, in the case of acts or failures to act forming part of a series, any reference in this paragraph to an act or failure to act is a reference to the last of the acts or failures in that series.
- the responsible person
means— a in the case of an event within paragraph (2C)(a) or (b), the practitioner, and b in the case of an event within paragraph (2C)(c) or (d), the official receiver. 2E Regulations may require prescribed persons in prescribed circumstances where this Article begins or ceases to apply in relation to a trust scheme by virtue of paragraph (2A) to give a notice to that effect to— a the Authority, b the Board of the Pension Protection Fund, and c the trustees of the scheme. 2F A notice under paragraph (2B), or under regulations under paragraph (2E), must be in writing and contain such information as may be prescribed..”
- the restrained account
has the meaning given by Article 16.