The Pensions (Northern Ireland) Order 2005

Eligible schemes N.I.

Eligible schemes N.I.

110.—(1 )F1  Subject to the following provisions of this Article, in this Part references to an “eligible scheme” are to an occupational pension scheme which—

(a) is not a money purchase scheme, and

(b) is not a prescribed scheme or a scheme of a prescribed description.

[F2 (1A) Where a scheme is divided into sections, each section that is a collective money purchase scheme for the purposes of Part 2 of the Pension Schemes Act 2021 (see section 52(2)(b) of that Act) is to be treated for the purposes of this Part as a separate money purchase scheme.]

(2) A scheme is not an eligible scheme if it is being wound up immediately before the day appointedF3 by the Department by order for the purposes of this paragraph.

(3) Regulations may provide that where—

(a) an assessment period begins in relation to an eligible scheme (see Article 116), and

(b) after the beginning of that period, the scheme ceases to be an eligible scheme,

the scheme is, in such circumstances as may be prescribed, to be treated as remaining an eligible scheme for the purposes of such of the provisions mentioned in paragraph (4) as may be prescribed.

(4) Those provisions are—

(a) any provision of this Part, and

(b) any other provision of this Order in which “eligible scheme” has the meaning given by this Article.

(5) Regulations may also provide that a scheme which would be an eligible scheme in the absence of this paragraph is not an eligible scheme in such circumstances as may be prescribed.

F1 mod. by SR 2005/91

F2 Art. 110(1A) inserted (11.2.2021 for specified purposes) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 6 para. 17

F3 fully exercised (in relation to scheme only) by SR 2005/83

Modifications etc. (not altering text)

C1 Art. 110(4) modified (6.4.2017) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 20 para. 17 (with Sch. 20 paras. 9, 11); S.R. 2017/44, art. 5(b)