Citation and commencement
1. 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.
Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations
2.—(1) The Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987(1) shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 1(2) (interpretation) omit the definition of “safeguarded rights”(2).
(3) In regulation 5 (information to be made available to individuals)—
(a)in paragraph (3)(3) omit “or no safeguarded rights”;
(b)in paragraph (4)(4) omit “or safeguarded rights” in both places where it occurs.
(4) In paragraphs 12 and 13(5) of Schedule 1 (basic information about the scheme) omit “or safeguarded rights”.
(5) In paragraphs 4 and 11(6) of Schedule 2 (information to be made available to individuals) omit “or safeguarded rights”.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations
3.—(1) The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996(7) shall be amended in accordance with paragraphs (2) to (7).
(2) In regulation 1(2) (interpretation) omit the definition of “safeguarded rights”(8).
(3) In regulation 23 (requirements for meeting the statutory standard) for paragraph (d)(9) 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(10) (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(11)”.
(5) In regulation 63(2)(aa)(12) (provision of information about guaranteed minimum pensions) for “, protected rights or safeguarded rights” substitute “or protected rights”.
(6) In regulation 73(b)(13) (transitional arrangements and savings for salary related schemes which have begun winding up before the principal appointed day) omit “and any liabilities in respect of safeguarded rights under section 64A of the Act”.
(7) In regulation 77 (transitional arrangements for schemes contracted out under section 5(2) of the Act to become contracted out under section 5(3) of the Act) for paragraph (3)(14) substitute—
“(3) Where this regulation applies, sections 46(15), 48(16) and 49(17) of the Act (approval of arrangements for, and supervision of, schemes which cease to be contracted-out) as they apply in relation to the guaranteed minimum pensions provided under the scheme shall be modified so as to have effect as if those pensions were provided under a separate scheme which had ceased to be certified as a contracted-out scheme immediately before the principal appointed day.”.
Amendment of the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations
4. In regulation 4 of the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations (Northern Ireland) 1997(18) (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)(19);
(b)in paragraph (2)(20)—
(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)(21).
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations
5. In Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997(22) (information to be made available to individuals)—
(a)in paragraph 6AA(23) 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(24) omit “or safeguarded rights, as the case may be”;
(c)in paragraph 10(25) omit “or safeguarded rights” in both places where it occurs.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations
6.—(1) The Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997(26) 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(27).”.
(3) In regulation 8 (applications for the variation of, and to surrender, appropriate scheme certificates)—
(a)in paragraph (2) omit sub-paragraph (c)(28) and the word “and” preceding it;
(b)omit paragraph (2A)(29).
(4) In regulation 15(7)(e) (calculation or estimation of earnings) for “the upper earnings limit” substitute “the upper accrual point”.
Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations
7. In regulation 1(2) of the Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000(30) (interpretation) omit the definitions of “the Safeguarded Rights Regulations” and “safeguarded rights”.
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations
8.—(1) The Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000(31) 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)(32).
(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)(33).
(7) In regulation 35(34) (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.”.
Amendment of the Occupational and Personal Pension Schemes (Pension Liberation) Regulations
9. In regulation 2(2) of the Occupational and Personal Pension Schemes (Pension Liberation) Regulations (Northern Ireland) 2005(35) (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”.
Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations
10. In paragraph 5 of Schedule 2 to the Occupational Pension Schemes (Cross-border Activities) Regulations (Northern Ireland) 2005(36) (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”.
Amendment of the Employment Equality (Age) Regulations
11. In paragraph 1(6) of Schedule 1 to the Employment Equality (Age) Regulations (Northern Ireland) 2006(37) (pension schemes) in the definition of “contracted-out rights”(38) omit “, but not safeguarded rights (within the meaning of section 64A of the 1993 Act)”.
Revocations
12. The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).
Sealed with the Official Seal of the Department for Social Development on 16th March 2009
(L.S.)
John O’Neill
A senior officer of the Department for Social Development