The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996

1. Introductory Text

2. Part I Preliminary

   1. 1. Citation, commencement and interpretation

3. Part II Certification of Employments

   1. 2. Making of elections for the issue of contracting-out certificates

   2. 3. Notices by employers of intended election

   3. 4. Consultation with trade unions

   4. 5. Time for making an election

   5. 6. Information to be included in an election

   6. 7. Amendment of an election

   7. 8. Issue of contracting-out certificates

   8. 9. Making of elections by employers for the variation or surrender of contracting-out certificates

   9. 10. Special provision with regard to elections for the issue, variation or surrender of certificates where the employment remains contracted out

   10. 11. Special circumstances in which the Department may determine earners to have been in contracted-out employment

   11. 12. Special provision for holding companies and subsidiaries

   12. 13. Special provision for public service pension schemes

   13. 14. Special provision for holders of pensionable judicial office

   14. 15. Further information and change of circumstances

   15. 16. Requirement to confirm relevant requirements are satisfied

4. Part III Salary Related Contracted-out Schemes

   1. 17. Further contracting-out conditions for salary related contracted-out schemes

   2. 18. Requirement as to resources of the scheme

   3. 19. Lump sum benefits and salary related contracted-out schemes

   4. 20. Trivial commutation of benefits derived from section 5(2B) rights

   5. 21. Payable age in salary related contracted-out schemes

   6. 22. Each part of scheme to comply with section 8A of the Act

   7. 23. Requirements for meeting the statutory standard

   8. 24. Circumstances when actuary other than actuary appointed under Article 47 of the Order may certify broad equivalence

   9. 25. Requirements for a reference scheme

   10. 26. Reference scheme: circumstances in which widows' or widowers' pensions need not be payable

   11. 27. Modification applying to public service pension schemes

   12. 28. Service in a salary related contracted-out scheme that does not qualify for further benefits

   13. 29. Schemes which cannot be certified under section 5(2B) of the Act

5. Part IV Money Purchase Contracted-out Schemes

   1. 30. Further contracting-out requirements for money purchase contracted-out schemes

   2. 31. Deduction of minimum payments from earnings

   3. 32. Minimum payments to be made by employers to trustees

   4. 33. Calculation of minimum payments

   5. 34. Manner of calculation or estimation of earnings

   6. 35. Manner of payment of the age-related payment

   7. 36. Verification of age

   8. 37. Circumstances in which the age-related payments are not to be paid

   9. 38. Adjustment of the amount of age-related payment

   10. 39. Circumstances in which schemes may change mode of contracting out

   11. 40. Schemes which may not be contracted out under section 5(3) of the Act

6. Part V Further Requirements (all Schemes) and Overseas Schemes

   1. 41. Provision of information as to resources

   2. 42. Alteration of rules of contracted-out schemes

   3. 43. Termination of periods of contracted-out employment

   4. 44. Notifications to the Department

   5. 45. Approval of arrangements for schemes ceasing to be contracted out

   6. 46. Supervision of schemes that have ceased to contract out

   7. 47. Circumstances in which the Department may vary or cancel a contracting-out certificate

   8. 48. Special provision for overseas schemes

7. Part VI Restoration of State Scheme Rights

   1. 49. Insolvent schemes

   2. 50. Member to be informed of the option to restore state scheme rights

   3. 51. Election to pay contributions equivalent premium

   4. 52. Payment of a contributions equivalent premium

   5. 53. Payment in lieu of benefit and delay in refund for the purposes of employer’s right of recovery

   6. 54. Refund of a contributions equivalent premium

8. Part VII Guaranteed Minimum Pensions

   1. 55. Scheme rules about guaranteed minimum pensions

   2. 56. Special provision for revaluation of guaranteed minimum pensions secured by insurance policies or annuity contracts

   3. 57. Circumstances in which widower’s guaranteed minimum pension is to be payable

   4. 58. Period for which widower’s guaranteed minimum pension is to be payable

   5. 59. Statutory references to persons entitled to guaranteed minimum pensions — application to widowers

   6. 60. Trivial commutation of guaranteed minimum pensions

   7. 61. Suspension and forfeiture of guaranteed minimum pensions

   8. 62. Fixed rate revaluation of guaranteed minimum pensions for early leavers

   9. 63. Provision of information about guaranteed minimum pensions

   10. 64. Meaning of “connected employer”

   11. 65. Modification of section 12 of the Act

   12. 66. Circumstances in which the modifications to the Act set out in regulation 65 apply

   13. 67. Modification of section 47(1) of the Act in relation to revaluation and schemes which have ceased to be contracted out

   14. 68. Additional modifications relating to transfers and increases of earnings factors by 12 per cent.

   15. 69. Miscellaneous provisions affecting section 47 of the Act

9. Part VIII Transitional Arrangements and Savings

   1. 70. Transitional arrangements for certification of schemes

   2. 71. Elections for replacement certificates by salary related schemes during transitional period

   3. 72. Transitional requirements as to sufficiency of resources of salary related schemes

   4. 73. Transitional arrangements and savings for salary related schemes which have begun winding up before the principal appointed day

   5. 74. Transitional arrangements in relation to the powers of the Department to approve arrangements for schemes ceasing to contract out before the principal appointed day

   6. 75. Transitional modifications to sections 31 and 32 of the Act

   7. 76. Prevention of recovery by employers of Class 1 contributions where certificate cancelled under section 32(3) of the Act

   8. 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

   9. 78. Savings in respect of State Scheme Premiums

10. Part IX Revocations

    1. 79. Revocations

11. Signature

12. 1. SCHEDULE 1

       PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

    2. SCHEDULE 2

       REVOCATIONS

13. Explanatory Note