The Occupational Pension Schemes (Early Leavers: Cash Transfer Sums and Contribution Refunds) Regulations (Northern Ireland) 2006

Reduction of cash transfer sums and contribution refunds

4.—(1) In the case of a scheme to which Part IV of the 2005 Order applies (scheme funding), the cash transfer sum in respect of a member may be reduced by the trustees or managers of the scheme if the GN11 insufficiency conditions are met.

(2) The GN11 insufficiency conditions are that the actuary’s last relevant GN11 report shows that at the effective date of the report—

(a) the scheme had assets that were insufficient to pay the full amount of cash equivalents under Chapter IV of Part IV of the Act in respect of all the members, and

(b) the assets were insufficient to pay in full any category of liabilities that is a category of liabilities for the benefits in respect of which the member’s cash equivalent is being calculated.

(3) If the GN11 insufficiency conditions are met the trustees or managers may reduce any part of the member’s cash transfer sum that is payable in respect of such a category of liabilities as are mentioned in paragraph (2)(b) by a percentage not exceeding the GN11 deficiency percentage.

(4) The GN11 deficiency percentage is the same as the percentage by which a member’s cash equivalent for such a category of liabilities is being reduced.

(5) The references in this regulation to the actuary’s last relevant GN11 report is to his last report, in accordance with “Retirement Benefit Schemes - Transfer Values (GN11)” published by the Institute of Actuaries and the Faculty of Actuaries, before the cash transfer sum is calculated.

(6) If by virtue of regulations made under Article 211 of the 2005 Order (power to modify provisions of Part IV) Part IV of that Order applies to a section of a scheme as if that section were a separate scheme, paragraphs (1) and (2) shall apply to a section as if that section were a separate scheme, and as if the reference to a scheme were accordingly a reference to that section.

(7) Where a scheme begins to wind up after the member’s pensionable service terminates but before the trustees or managers have used the cash transfer sum or paid the contribution refund to the member, the cash transfer sum or contribution refund may be reduced to the extent necessary for the scheme to comply with the winding up provisions (as defined in Article 73B(10)(a) of the 1995 Order(1)) and regulations made under those provisions.

(8) If, by virtue of regulations made under Article 73B(4)(b)(i) of the 1995 Order by virtue of Article 73B(5) of that Order, the winding up provisions (as so defined) apply to a section of a scheme as if that section were a separate scheme, paragraph (7) shall apply as if that section were a separate scheme and as if the references in that paragraph to a scheme were accordingly references to that section.

(9) A member’s cash transfer sum or contribution refund under the scheme may be reduced if the member has incurred some monetary obligation due to the employer or to the scheme and arising out of a criminal, negligent or fraudulent act or omission by that member.

(10) A member’s cash transfer sum or contribution refund under the scheme may be reduced by reason of paragraph (9) to the extent only that the reduction does not exceed the amount of the monetary obligation in question.

(11) A reduction under paragraph (9) must not take effect where there is a dispute as to the amount of the monetary obligation in question, unless the obligation has become enforceable under an order of a competent court or in consequence of an award of an arbitrator.

(12) In a case where two or more paragraphs of this regulation fall to be applied to a cash transfer sum or paragraphs (7) and (9) fall to be applied to a contribution refund, they shall be applied in the order in which they occur in this regulation.

(1)

Articles 73 to 73B were substituted for Article 73 by Article 247(1) of the Pensions (Northern Ireland) Order 2005