Contents
1Citation, commencement and interpretation#
(1)These Regulations may be cited as the Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1997 and shall come into operation on 6th April 1997.
(2)The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Assembly.
2Schemes providing salary related death benefits#
(1)Part II of the Pensions (Northern Ireland) Order 1995 applies to any occupational pension scheme under which all the benefits that may be provided other than death benefits are money purchase benefits as if every reference in that Part to a money purchase scheme included such a scheme.
(2)But paragraph (1) does not apply in relation to the provision by an occupational pension scheme of a pension to which regulation 2 of the Personal and Occupational Pension Schemes (Indexation and Disclosure of Information) (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 applies (removal of indexation: money purchase benefits provided under a hybrid occupational pension scheme).
3Miscellaneous amendments#
The regulations specified in the Schedule shall have effect with the amendments specified in that Schedule.
4Revocations and savings#
(1)Subject to paragraph (2), the Personal Pension Schemes (Personal Pension Protected Rights Premiums) Regulations (Northern Ireland) 1987 (“the 1987 Regulations”) and paragraph 14 of Schedule 2 to the Occupational and Personal Pension Schemes (Consequential Amendments) Regulations (Northern Ireland) 1994 are hereby revoked.
(2)Without prejudice to the generality of section 28 of the Interpretation Act (Northern Ireland) 1954, the revocations in paragraph (1) do not affect the operation of the 1987 Regulations as respects any premium paid before 6th April 1997 or payable immediately before that date.
Schedule · Miscellaneous Amendments
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
(1)In regulation 2(b) of the Personal Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1987 for “regulations 2 and 3 of the Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1987” there shall be substituted “regulation 2 of the Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1996”.
(2)Sub-paragraph (1) shall not apply where the cash equivalent is used on or after 6th April 1997 in pursuance of an application made under section 91 of the Pension Schemes (Northern Ireland) Act 1993 before that date.
(3)
(1)The Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991 shall be amended in accordance with sub-paragraphs (2) and (3).
(2)In regulations 6(2)(b) and 9(4)(a) for “regulation 2 of the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1985” there shall be substituted “regulation 3 of the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997”.
(3)In regulation 12(3)—
(a)in sub-paragraph (a) after “favourable” there shall be inserted “and, if that scheme were wound up immediately after the transfer, would not be likely to be materially less secure than they would be if the transferring scheme were wound up immediately before the transfer”; and
(b)after sub-paragraph (a) there shall be inserted the following sub-paragraph—“aa no beneficiary or contingent beneficiary under the transferring scheme will receive materially inferior benefits in the receiving scheme; and”
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
(1)The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 shall be amended in accordance with sub-paragraphs (2) to (15).
(2)In regulation 1(2) for the definition of “section 5(2B) rights” there shall be substituted the following definition—“• “section 5(2B) rights” are—(a) rights to the payment of pensions and accrued rights to pensions (other than rights attributable to voluntary contributions) under a scheme contracted-out by virtue of section 5(2B) of the Act, so far as attributable to an earner’s service in contracted-out employment on or after the principal appointed day, and(b) where a transfer payment has been made to such a scheme, any rights arising under the scheme as a consequence of that payment which are derived directly or indirectly from—(a) such rights as are referred to in paragraph (a) under another scheme contracted-out by virtue of section 5(2B) of the Act, or(ii) protected rights under another occupational pension scheme or under a personal pension scheme attributable to payments or contributions in respect of contracted-out employment on or after the principal appointed day;”
(3)In regulation 2 for paragraph (2) there shall be substituted the following paragraph—“2 In making or abstaining from making an election as to the inclusion of an employment in a contracting-out certificate, an employer may discriminate between different earners (otherwise than on the ground of the nature of their employment) in any case where such discrimination would be lawful apart from section 7(3) of the Act.”
(4)In regulation 3 for paragraphs (4) and (5) there shall be substituted the following paragraphs—“4 Unless paragraph (5) applies, a notice under this regulation must specify a date of expiry which is not earlier than the date 3 months after the date on which the notice is given.5 Where—a there is no independent trade union recognised in relation to the earners concerned, orb before the notice has been given every such trade union has consented in writing to the notice specifying an earlier date than that which is required under paragraph (4),the notice may specify an earlier date (but not earlier than the date one month after that on which the notice is given).”
(5)Regulation 6(2)(f)(i) shall be omitted.
(6)In regulation 7 at the end there shall be added “or the date from which it is intended that the certificate is to have effect”.
(7)In regulation 9(8) at the end there shall be added “or the date from which it is intended that the variation or surrender is to have effect”.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(1)The Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1996 shall be amended in accordance with sub-paragraphs (2) and (3).
(2)In regulation 1(2)—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for the definition of “section 5(2B) rights” there shall be substituted the following definition—“• “section 5(2B) rights” are—(a) rights to the payment of pensions and accrued rights to pensions (other than rights attributable to voluntary contributions) under a scheme contracted-out by virtue of section 5(2B), so far as attributable to an earner’s service in contracted-out employment on or after the principal appointed day, and(b) where a transfer payment has been made to such a scheme, any rights arising under the scheme as a consequence of that payment which are derived directly or indirectly from—(a) such rights as are referred to in paragraph (a) under another scheme contracted-out by virtue of section 5(2B), or(ii) protected rights under another occupational pension scheme or under a personal pension scheme attributable to payments or contributions in respect of contracted-out employment on or after the principal appointed day;”
(3)In regulation 4(e) at the end there shall be added “on or after the principal appointed day”.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)
(1)The Occupational Pension Schemes (Deficiency on Winding Up, etc.) Regulations (Northern Ireland) 1996 shall be amended in accordance with sub-paragraphs (2) to (4).
(2)In regulation 2(2) for the definition of “money purchase scheme” there shall be substituted the following definition—“• “money purchase scheme” means an occupational pension scheme under which all the benefits that may be provided other than death benefits are money purchase benefits.”
(3)In regulation 4(2), after the provision inserted as paragraph (1C) of Article 75, there shall be added—“1D For the purposes of paragraphs (1B) and (1C), there shall be disregarded any provisions of the scheme by virtue of which contributions or transfers of assets may be made to make provision for death benefits; and where paragraph (1B) or (1C) applies and contributions or transfers are so made to a section (“the death benefits section”) the assets of which may only be applied for the provision of death benefits, the death benefits section shall also be treated as if it were a separate scheme for the purposes of this Article.1E For the purposes of paragraphs (1B), (1C) and (1D), there shall be disregarded any provisions of the scheme by virtue of which on the winding up of the scheme assets attributable to one section may be used for the purposes of another section.”
(4)In Schedule 2 paragraph 4 shall be omitted.
(10)
(1)The Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996 shall be amended in accordance with sub-paragraphs (2) to (7).
(2)In regulation 1(2)—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for the definition of “section 5(2B) rights” there shall be substituted the following definition—“• “section 5(2B) rights” are—(a) rights to the payment of pensions and accrued rights to pensions (other than rights attributable to voluntary contributions) under a scheme contracted-out by virtue of section 5(2B), so far as attributable to an earner’s service in contracted-out employment on or after the principal appointed day, and(b) where a transfer payment has been made to such a scheme, any rights arising under the scheme as a consequence of that payment which are derived directly or indirectly from—(a) such rights as are referred to in paragraph (a) under another scheme contracted-out by virtue of section 5(2B), or(ii) protected rights under another occupational pension scheme or under a personal pension scheme attributable to payments or contributions in respect of contracted-out employment on or after the principal appointed day;”
(3)In regulation 6(b) and (e) after “have taken reasonable steps to satisfy themselves” there shall be inserted “(or, if the transfer payment is from an appropriate policy, the transferring insurance company has taken reasonable steps to satisfy itself)”.
(4)In regulation 7(1)(a) the words “or from an appropriate policy” shall be omitted.
(5)In regulation 8(c) at the end there shall be added “on or after the principal appointed day.”.
(6)After regulation 13 there shall be inserted the following regulation—“13A In section 8C any reference to the liability for, or rights to, pensions so far as attributable to service on or after the principal appointed day shall include any liability or rights arising under the scheme as a consequence of a transfer payment which are derived directly or indirectly from—a an earner’s service in contracted-out employment on or after the principal appointed day under another scheme contracted-out by virtue of section 5(2B), orb protected rights under another occupational pension scheme or under a personal pension scheme attributable to payments or contributions in respect of employment on or after the principal appointed day.”
(7)In Schedule 2—
(a)for paragraph 1 there shall be substituted the following paragraph—“1 Section 4(2) shall have effect as if for the definition of “guaranteed minimum pension” there were substituted—• “guaranteed minimum pension” means any pension which is provided by an occupational pension scheme—(a) in accordance with the requirements of sections 9 and 13, or(b) in compliance with the condition set out in paragraph 1 or 6 of Schedule 1 to the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996 (or, as the case may be, in paragraph 1 or 5 of Schedule 2 to the Contracting-out (Transfer) Regulations (Northern Ireland) 1985),to the extent to which its weekly rate is equal to the earner’s or, as the case may be, the earner’s widow’s or widower’s guaranteed minimum, as determined for the purposes of those sections or, as the case may be, that condition;”
(b)for paragraph 6 there shall be substituted the following paragraph—“6 Section 4(2) shall have effect as if for the definition of “guaranteed minimum pension” there were substituted—• “guaranteed minimum pension” means any pension which is provided by an occupational pension scheme—(a) in accordance with the requirements of sections 9 and 13, or(b) in compliance with the condition set out in paragraph 5 of Schedule 1 to the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996 (or, as the case may be, in regulation 2A(4) of the Contracting-out (Transfer) Regulations (Northern Ireland) 1985,to the extent to which its weekly rate is equal to the earner’s or, as the case may be, the earner’s widow’s or widower’s guaranteed minimum, as determined for the purposes of those sections or, as the case may be, that condition;”
(11)
(1)The Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996 shall be amended in accordance with sub-paragraphs (2) to (5).
(2)In regulation 1(2) for the definition of “salary related scheme” there shall be substituted the following definition—“• “salary related scheme” has the meaning given in regulation 1A;”
(3)After regulation 1 there shall be inserted the following regulation—“1A. For the purposes of Chapter IV of Part IV of the Act and these Regulations an occupational pension scheme is salary related if it is not a money purchase scheme and it is not a scheme—a the only benefits provided by which (other than money purchase benefits) are death benefits; andb under the provisions of which no member has accrued rights (other than rights to money purchase benefits).”
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In regulation 12(2)(a) for “and 4 of the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1985” there shall be substituted “, 4 and 5 or, in the case of a pension or accrued benefit under a relevant scheme, regulation 11 of the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997”.
(12)In regulation 12 of the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996 for paragraphs (1) and (2) there shall be substituted the following paragraph—“1 Where Article 56 applies to a scheme as if different parts of the scheme were separate schemes and a part of such a scheme is being wound up (whether or not any other parts are being wound up), Articles 73 and 74 shall also so apply—a taking references in those Articles to the assets of the scheme as references only to those assets treated for the purposes of Article 56 as assets of that part; andb taking references in those Articles to the liabilities of the scheme, or any particular description of liabilities as references only to such liabilities of the scheme or, as the case may be, of that description, as are treated for the purposes of Article 56 as liabilities of that part.”
(13)In regulation 1(2) of the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations (Northern Ireland) 1997 for the definition of “administrator” there shall be substituted the following definition—“• “administrator”—(a) in relation to an occupational pension scheme, means any person concerned with the administration of the scheme, other than a person responsible for the management of the scheme (as defined in section 142(3) of the Act for the purposes of Part X of the Act), and(b) in relation to a personal pension scheme, means any person concerned with the administration of the scheme, other than—(a) a person responsible for the management of the scheme (as defined in section 142(3A) of the Act for the purposes of Part X of that Act); or(ii) a person who is or has been the employer of any member who is or has been an employed earner;”
(14)
(1)The Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations (Northern Ireland) 1997 shall be amended in accordance with sub-paragraphs (2) to (4).
(2)In regulation 1(2)—
(a)in the definition of “ear-marked scheme” for “which is a money purchase scheme under which all the benefits” there shall be substituted “under which all the benefits other than death benefits are money purchase benefits and all the benefits”; and
(b)for the definition of “money purchase scheme” there shall be substituted—““money purchase benefits” has the same meaning as in section 176(1) of the Pension Schemes Act;”
(3)In regulation 4 the existing provision shall be numbered as paragraph (1) and after that paragraph there shall be added the following paragraph—“2 Where there is no schedule of contributions or payment schedule in relation to the whole or part of the scheme year, the auditor’s statement about contributions shall contain—a a statement as to whether or not in his opinion contributions payable to the scheme during that year or that part have been paid in accordance with the scheme rules or contracts under which they were payable, and (where appropriate) with the recommendation of the actuary; andb if the statement under sub-paragraph (a) is negative or qualified, a statement of the reasons.”
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15)
(1)The Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 1997 shall be amended in accordance with sub-paragraphs (2) and (3).
(2)In regulation 1(2) for the definition of “section 5(2B) rights” there shall be substituted the following definition—“• “section 5(2B) rights” are—(a) rights to the payment of pensions and accrued rights to pensions (other than rights attributable to voluntary contributions) under a scheme contracted-out by virtue of section 5(2B), so far as attributable to an earner’s service in contracted-out employment on or after the principal appointed day; and(b) where a transfer payment has been made to such a scheme, any rights arising under the scheme as a consequence of that payment which are derived directly or indirectly from—(a) such rights as are referred to in paragraph (a) under another scheme contracted-out by virtue of section 5(2B); or(ii) protected rights under another occupational pension scheme or under a personal pension scheme attributable to payments or contributions in respect of contracted-out employment on or after the principal appointed day.”
(3)In regulation 3—
(a)in paragraph (b) for “secured in the circumstances and subject to the conditions prescribed in regulations made under section 8C(1)(b)” there shall be substituted “appropriately secured by a transaction to which Part III of the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997 applies”; and
(b)in paragraph (e) for “regulation 14(3) of the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1988” there shall be substituted “regulation 12(5) of the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997”.
(16)
(1)The Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997 shall be amended in accordance with sub-paragraphs (2) to (5).
(2)In regulation 1(2)—
(a)after the definition of “business days” there shall be inserted the following definition—““money purchase scheme” means a pension scheme under which all the benefits that may be provided other than death benefits are money purchase benefits;”
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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