The Pensions (2008 Acts) (Consequential Provisions) Order (Northern Ireland) 2009

Contents

Article 1Citation and commencement#

This Order may be cited as the Pensions (2008 Acts) (Consequential Provisions) Order (Northern Ireland) 2009 and shall come into operation on 6th April 2009.

Article 2Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations#

(1)The Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (5).

(2)In regulation 1(2) (interpretation) omit the definition of “safeguarded rights”.

(3)In regulation 5 (information to be made available to individuals)—

(a)in paragraph (3) omit “or no safeguarded rights”;

(b)in paragraph (4) omit “or safeguarded rights” in both places where it occurs.

(4)In paragraphs 12 and 13 of Schedule 1 (basic information about the scheme) omit “or safeguarded rights”.

(5)In paragraphs 4 and 11 of Schedule 2 (information to be made available to individuals) omit “or safeguarded rights”.

Article 3Amendment of the Occupational Pension Schemes (Contracting-out) Regulations#

(1)The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 shall be amended in accordance with paragraphs (2) to (7).

(2)In regulation 1(2) (interpretation) omit the definition of “safeguarded rights”.

(3)In regulation 23 (requirements for meeting the statutory standard) for paragraph (d) substitute—“d must not have regard to any pensions to be provided under the scheme in respect of earners who are not in contracted-out employment;”

(4)In regulation 39 (circumstances in which schemes may change mode of contracting out)—

(a)in paragraph (1) omit “and any safeguarded rights”;

(b)in paragraph (2) for “, section 5(2B) rights and any safeguarded rights” substitute “and section 5(2B) rights”.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 4Amendment of the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations#

In regulation 4 of the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations (Northern Ireland) 1997 (transfer of guaranteed minimum pensions, section 5(2B) rights and protected rights between parts of a relevant scheme)—

(a)in paragraph (1) omit sub-paragraph (c);

(b)in paragraph (2)—

(i)omit “or the safeguarded rights of a relevant transferee”;

(ii)in sub-paragraph (b) omit “or, as the case may be, the relevant transferee”;

(iii)in sub-paragraph (c) for “, section 5(2B) rights or, as the case may be, safeguarded rights” substitute “or section 5(2B) rights”;

(c)omit paragraph (3).

Article 5Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations#

In Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997 (information to be made available to individuals)—

(a)in paragraph 6AA for paragraph (1) substitute—“1 The value of the pension credit member’s accrued rights under the scheme at a specified date.”

(b)in paragraph 9 omit “or safeguarded rights, as the case may be”;

(c)in paragraph 10 omit “or safeguarded rights” in both places where it occurs.

Article 6Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations#

(1)The Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997 shall be amended in accordance with paragraphs (2) to (4).

(2)In regulation 1(2) (interpretation) after the definition of “pensionable age” add—“• “the upper accrual point” has the same meaning as in section 121(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.”

(3)In regulation 8 (applications for the variation of, and to surrender, appropriate scheme certificates)—

(a)in paragraph (2) omit sub-paragraph (c) and the word “and” preceding it;

(b)omit paragraph (2A).

(4)In regulation 15(7)(e) (calculation or estimation of earnings) for “the upper earnings limit” substitute “the upper accrual point”.

Article 7Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations#

In regulation 1(2) of the Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000 (interpretation) omit the definitions of “the Safeguarded Rights Regulations” and “safeguarded rights”.

Article 8Amendment of the Pension Sharing (Pension Credit Benefit) Regulations#

(1)The Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000 shall be amended in accordance with paragraphs (2) to (7).

(2)In regulation 1(2) (interpretation) omit the definitions of “the Safeguarded Rights Regulations” and “safeguarded rights”.

(3)In regulation 10 (transfer of a person’s pension credit rights without consent) omit paragraph (9).

(4)In regulation 20 (requirements to be met by annuities) for “Subject to regulation 19, the prescribed” substitute “The prescribed”.

(5)In regulation 21 (requirements of other pension arrangements)—

(a)in paragraph (1)—

(i)at the end of sub-paragraph (a) insert “or”;

(ii)omit sub-paragraph (b);

(b)in paragraph (3) for “paragraph (1)(b) and (c)” substitute “paragraph (1)(c)”.

(6)In regulation 22(1) (requirements to be met by an eligible scheme) omit sub-paragraph (a).

(7)In regulation 35 (definition of eligible pension credit rights) for paragraph (2) substitute—“2 Pension credit rights are within this paragraph if they are derived from rights attributable to pensionable service on or after 6th April 1997 of the member whose pension rights were the subject of a pension sharing order or provision.”

Article 9Amendment of the Occupational and Personal Pension Schemes (Pension Liberation) Regulations#

In regulation 2(2) of the Occupational and Personal Pension Schemes (Pension Liberation) Regulations (Northern Ireland) 2005 (modification of references to “transfer” in the Pension Schemes Act)—

(a)omit “, 64A”;

(b)omit “safeguarded rights;”;

(c)for “any”, in the second place where it occurs, substitute “either”.

Article 10Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations#

In paragraph 5 of Schedule 2 to the Occupational Pension Schemes (Cross-border Activities) Regulations (Northern Ireland) 2005 (modifications of pensions legislation, and relevant legal requirements for the purposes of Article 269) in Table 4 omit the entry relating to “Sections 64A to 64D”.

Article 11Amendment of the Employment Equality (Age) Regulations#

In paragraph 1(6) of Schedule 1 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 (pension schemes) in the definition of “contracted-out rights” omit “, but not safeguarded rights (within the meaning of section 64A of the 1993 Act)”.

Article 12Revocations#

The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).

Schedule · Revocations

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