Regulation 167
SCHEDULE 3N.I.Modifying provisions and amendments
PART 1 N.I.Modification of contracting-out provisions
Application of this PartN.I.
1. This Part applies where—
(a)an election is made under section 7 (elections as to employments covered by contracting-out certificates) of the 1993 Act in relation to persons who become members of this scheme on or after 1st April 2015 and before 6th April 2016 (whether or not any of those persons are members of [a relevant] scheme); and
(b)this scheme satisfies the requirements of section 5 (requirements for certification of schemes) of the 1993 Act .
Textual Amendments
Marginal Citations
Contracting-outN.I.
2.—(1) Part 2 of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 (certification of employments) is modified as follows in its application to this scheme.
(2) The requirements in regulation 2(1)(a) (making of elections for the issue of contracting-out certificates) and regulations 3 (notices by employers of intended election) to 5 (time for making an election) do not apply.
(3) In regulation 6 (information to be included in an election)—
(a)paragraph (1) is to be read as though, for sub-paragraphs (a) to (f), there were substituted—
“(a)the name by which this scheme is to be known;
(b)the name by which the existing schemes listed in paragraphs 2 to 15 of Schedule 5 to the Act [and the scheme created by the Judicial Pensions (Fee-Paid Judges) Regulations 2017] are known; and
(c)any other information necessary to enable the Commissioners for Her Majesty's Revenue and Customs to identify those existing schemes.”; and
(b)paragraphs (2) and (3) do not apply.
Textual Amendments
Marginal Citations
PART 2 N.I.Modification of early leaver and other provisions
Application of this PartN.I.
3.—[(1)] This Part applies where a person (P)—
(a)is a member of an existing scheme ... listed in paragraph 2 of Schedule 5 to the Act, whether by virtue of pensionable service for that scheme or deemed transfer scheme service under paragraph 2 of Schedule 7 to the Act (final salary link);
(b)is a member of this scheme by virtue of pensionable service for this scheme; and
(c)is a person to whom paragraph 1 or 2 of Schedule 7 to the Act applies by virtue of that person's pensionable service for this scheme, and whose final salary falls for the purposes of the old scheme to be determined by reference to that paragraph.
[(2) This Part also applies where a person (P)—
(a)is a member of the Fee-Paid Judges Scheme by virtue of pensionable service for that scheme;
(b)is a member of this scheme by virtue of pensionable service for this scheme;
(c)P’s service in the Fee-Paid Judges Scheme and service in the new scheme are continuous.
(3) In this Part “the old scheme” means a scheme referred to in sub-paragraph (1)(a) or (2)(a) of which P is a member.]
CertificationN.I.
4.—(1) Section 11A of the 1993 Act (reduction of guaranteed minimum in consequence of pension debit) is modified as follows in relation to P.
(2) In the application of that section to the old scheme, the reference in subsection (2) of that section to pensionable service under the scheme is to be taken as a reference to pensionable service either for the old scheme or for this scheme.
Preservation of benefitN.I.
5.—(1) Chapter 1 of Part 4 of the 1993 Act (protection for early leavers: preservation of benefit) is modified as follows in relation to P.
(2) In the application of that Chapter to the old scheme—
(a)in section 66 (interpretation), in the definitions of “relevant employment” and “long service benefit” a reference to the scheme is to be taken as a reference to either the old scheme or this scheme;
(b)in section 67(1) (basic principle as to short service benefit)—
(i)the requirement for a scheme to make provision is to be taken as a requirement that either the old scheme or this scheme must make that provision;
(ii)a reference to a transfer payment to the scheme is to be taken as a reference to a transfer payment either to the old scheme or to this scheme;
(iii)a reference to termination of P's pensionable service is to be taken as a reference to termination of P's pensionable service in relation to this scheme;
(iv)a reference to benefit which would have been payable to P under the scheme is to be taken as a reference to benefit which would have been payable to P either under the old scheme or under this scheme,
and subsequent references in the Chapter to “short service benefit” are to be construed accordingly;
(c)in section 67(5), a reference to termination of P's pensionable service is to be taken as a reference to termination of P's pensionable service in relation to this scheme;
(d)in section 67(7)(a), the reference to P's pensionable service under the scheme is to be taken as a reference to P's pensionable service either for the old scheme or for the old scheme and this scheme taken together; and
(e)in sections 68(2) (no discrimination between short service and long service beneficiaries), 70(6) and (7) (computation of short service benefit), 71(3) and (4) (credits) and 72(1) and (3) (pension increases), a reference to termination of P's pensionable service is to be taken as a reference to termination of P's pensionable service in relation to this scheme.
(3) In the application of that Chapter to this scheme—
(a)in section 66, in the definitions of “relevant employment” and “long service benefit” a reference to the scheme is to be taken as a reference to either the old scheme or this scheme;
(b)in section 67(1)—
(i)the requirement for a scheme to make provision is to be taken as a requirement that either the old scheme or this scheme must make that provision;
(ii)a reference to a transfer payment to the scheme is to be taken as a reference to a transfer payment either to the old scheme or to this scheme;
(iii)a reference to benefit which would have been payable to P under the scheme is to be taken as a reference to benefit which would have been payable to P either under the old scheme or under this scheme,
and subsequent references in the Chapter to “short service benefit” are to be construed accordingly;
(c)in section 67(7)(a), the reference to P's pensionable service under the scheme is to be taken as a reference to P's pensionable service either for this scheme or for the old scheme and this scheme taken together; and
(d)in section 70(6), in relation to pensionable service which is terminated, the reference to the beginning of that service is to be taken as a reference to the beginning of pensionable service under the old scheme.
Revaluation of preserved benefitN.I.
6.—(1) Chapter 2 of Part 4 of the 1993 Act (protection for early leavers: revaluation of accrued benefits) is modified as follows.
(2) In the application of Chapter 2 for the purpose of revaluing benefit payable to or in respect of P under the old scheme—
(a)in section 79(1)(a)(ii) (scope of Chapter 2), the reference to the date on which P's pensionable service ends is to be taken as a reference to the date on which P's pensionable service ends in relation to this scheme; and
(b)subsequent references in that Chapter to “the termination date” and the “pre-pension period” are to be construed accordingly.
Protection of increases in guaranteed minimum pensionsN.I.
7.—(1) Chapter 3 of Part 4 of the 1993 Act (protection for early leavers: protection of increases in guaranteed minimum pensions (“anti-franking”)) is modified as follows.
(2) In the application of that Chapter to P as a member of the old scheme—
(a)in section 83(1)(a)(i) (general protection principle), the reference to the time when P ceases to be in contracted-out employment by reference to a scheme is to be taken as a reference to the time when P ceases to be in service in a qualifying judicial office which is contracted-out by reference to this scheme; and
(b)subsequent references to “the cessation date” are to be construed accordingly.
Transfer valuesN.I.
8.—(1) Chapter 4 of Part 4 of the 1993 Act (protection for early leavers: transfer values) is modified as follows.
(2) In the application of that Chapter to P as a member of the old scheme, in—
(a)section 89(1)(a) (scope of Chapter 4),
(b)section 93(3)(a) (calculation of cash equivalents), and
(c)section 94(1A) and (3) (variation and loss of rights under section 90),
a reference to termination of P's pensionable service is to be taken as a reference to termination of P's pensionable service in relation to this scheme.
Transfer values regulationsN.I.
9.—(1) The Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996 are modified as follows.
(2) In the application of regulation 3 of those Regulations (rules on continuation in employment after termination of pensionable service) to P as a member of the old scheme—
(a)in paragraph (1), a reference to employment to which a scheme applies is to be taken as a reference to service in a qualifying judicial office to which this scheme applies;
(b)in paragraph (1)(a), a reference to P's pensionable service terminating at P's request is to be taken as a reference to P's pensionable service in relation to this scheme so terminating; and
(c)in paragraph (1)(b)(i), a reference to P's pensionable service continuing until the guarantee date is to be taken as a reference to P's pensionable service in relation to this scheme so continuing.
(3) In the application of regulation 4 of those Regulations (right to further cash equivalent on termination of employment to which the scheme applies) to P as a member of the old scheme, in paragraphs (1), (2), (3)(a) and (4) a reference to termination of P's employment is to be taken as a reference to termination of P's service in a qualifying judicial office to which this scheme applies.
Cash transfers and contribution refundsN.I.
10.—(1) Chapter 5 of Part 4 of the 1993 Act (protection for early leavers: cash transfers and contribution refunds) is modified as follows.
(2) In the application of that Chapter to P as a member of the old scheme—
(a)in section 97AA(1)(a) and (b) (scope of Chapter 5), a reference to termination of P's pensionable service is to be taken as a reference to termination of P's pensionable service in relation to this scheme;
(b)in section 97AA(2), a reference in the opening words and in paragraph (a) to P's pensionable service under the scheme is to be taken as a reference to P's pensionable service either for the old scheme or for the old scheme and this scheme taken together; and
(c)in section 97AB(1) and (3) (right to cash transfer sum and contribution refund), 97AC(1) and (2)(a) (notification of right to cash transfer sum or contribution refund) and 97AI(7) (rights under section 971AB: definition of “reply date”), a reference to termination of P's pensionable service is to be taken as a reference to termination of P's pensionable service in relation to this scheme.
(d)In the application of that Chapter to P as a member of this scheme, in section 97AA(2) a reference in the opening words and in paragraph (a) to P's pensionable service under the scheme is to be taken as a reference to P's pensionable service either for this scheme or for the old scheme and this scheme taken together.
(3) In the application of that Chapter to P as a member of this scheme, in section 97AA(2) a reference in the opening words and in paragraph (a) to P's pensionable service under the scheme is to be taken as a reference to P's pensionable service either under this scheme or under the old scheme and this scheme taken together.
PART 3 N.I.Amendments
Amendments to the Judicial Pensions and Retirement Act 1993N.I.
11.—(1) Part 1 of the Judicial Pensions and Retirement Act 1993 (new arrangements for judicial pensions) is amended as follows.
(2) In section 2 (the judicial officer's entitlement to a pension)—
(a)in subsection (7)(c), after “shall” insert “ (subject to subsection (7A)) ”, and
(b)after subsection (7) insert—
“(7A) Subsection (7)(c) does not apply where, at the date of the retirement, the person—
(a)is a member of a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014; and
(b)is entitled under that scheme to early payment of benefits on the grounds of ill-health.”
(3) In section 4 (lump sum on the judicial officer's retirement or death), after subsection (3) insert—
“(3A) Subsection (3) does not apply where, at the date of the person's death—
(a)the person is a member of a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014; and
(b)a lump sum is payable under that scheme on the person's death.”
(4) In section 5 (surviving spouse's and surviving civil partner's pension), after subsection (6) insert—
“(7) In a case within subsection (6)(c), section 2(7)(c) (deemed increase in period of service) is to be disregarded in determining the rate that would have been the appropriate annual rate of the deceased's pension if, at the date of death—
(a)the deceased was a member of a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014, and
(b)under that scheme, benefits are payable on the deceased's death to a widow, widower or surviving civil partner of the deceased.”
(5) In section 8 (rate of children's pension), after subsection (4) insert—
“(5) Section 5(7) accordingly applies for the purposes of this section in a case within section 5(6)(c), but as if the reference in section 5(7)(b) to the benefits payable on the deceased's death included a reference to benefits payable to surviving dependants of the deceased.”
Amendment to the Public Service Pensions Act (Northern Ireland) 2014N.I.
12.—(1) Schedule 5 to the Public Service Pensions Act (Northern Ireland) 2014 (existing pension schemes) is amended as follows.
(2) After paragraph 2(b) insert—
“(ba)a member of a panel of chairmen appointed under regulation 4(1)(a) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 ;
(bb)a member of a panel of chairmen appointed under Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998 ”.