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Pension Schemes Act (Northern Ireland) 2021

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Changes over time for: Section 23

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There are currently no known outstanding effects for the Pension Schemes Act (Northern Ireland) 2021, Section 23. Help about Changes to Legislation

Continuity optionsN.I.

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23.—(1) If a triggering event occurs in relation to a Master Trust scheme, the trustees must comply with the requirements of this section.

(2) In the following cases, the trustees must pursue continuity option 1—

F1F2(a)the triggering event is within item 1 or 2 of the table in section 21(6), and the decision to withdraw authorisation has become final (see section 35);

(b)the triggering event is within item 3 of that table.

(3) In those cases, the trustees must pursue continuity option 1 even if—

F3(a)the triggering event within item 1, 2 or 3 occurs within the triggering event period for an earlier triggering event, and

(b)the trustees have already decided to pursue continuity option 2 in respect of the earlier triggering event.

(4) In any other case, the trustees must decide whether to pursue continuity option 1 or continuity option 2.

(5) “Continuity option 1” is for—

(a)the accrued rights and benefits under the Master Trust scheme of all members of the scheme to be transferred out of the scheme, and

(b)the Master Trust scheme to be wound up,

in accordance with regulations under section 24.

(6) “Continuity option 2” is for the triggering event to be resolved (see section 25).

(7) This section overrides any provision of the Master Trust scheme, to the extent that there is a conflict.

(8) Article 10 of the 1995 Order (civil penalties) applies to a person who fails to comply with a requirement imposed by this section.

Textual Amendments

F1Words in s. 23(2)(a) inserted (16.3.2022 for specified purposes, 6.4.2022 in so far as not already in operation) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(2), Sch. 2 para. 11(a)(i); S.R. 2022/110, art. 2(a)(b)

F2Words in s. 23(2)(a) inserted (16.3.2022 for specified purposes, 6.4.2022 in so far as not already in operation) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(2), Sch. 2 para. 11(a)(ii); S.R. 2022/110, art. 2(a)(b)

F3Words in s. 23(3)(a) inserted (16.3.2022 for specified purposes, 6.4.2022 in so far as not already in operation) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(2), Sch. 2 para. 11(b); S.R. 2022/110, art. 2(a)(b)

Modifications etc. (not altering text)

Commencement Information

I1S. 23 not in operation at Royal Assent, see s. 44(2)

I2S. 23 in operation at 16.3.2022 for specified purposes by S.R. 2022/110, art. 2(a)

I3S. 23 in operation at 6.4.2022 in so far as not already in operation by S.R. 2022/110, art. 2(b)

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