The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010

Amendment of regulation 5 of the 2005 Regulations N.I.

5.  In regulation 5(1) of the 2005 Regulations (calculation of the amount of scheme liabilities and value of scheme assets)—

(a) in paragraph (4) for sub-paragraph (b) substitute—

“(b) any amounts which are—

(i) treated as a debt due to the trustees or managers under—

(aa) Article 75(2) or (4) (deficiencies in assets);

(bb) Article 207(3) of the 2005 Order (amounts due in accordance with a schedule of contributions);

(cc) Article 59(2) (determination of contributions: supplementary) or 60(5) (serious underprovision) as they were in operation before 30th December 2005;

(dd) Article 75(1) as it was in operation before 6th April 2005, or

(ee) section 140(1) of the Pension Schemes Act (deficiencies in the assets of a scheme on winding up) as it was in operation before 6th April 1997, and

(ii) unlikely to be recovered without disproportionate cost or within a reasonable time;”;

(b) for paragraph (7) substitute—

“(7) For the purposes of paragraph (6)—

(a) “external liabilities” means such liabilities of the scheme as are shown in—

(i) the net assets statement in the relevant accounts, or

(ii) an estimate used for the purposes of an updated asset statement,

except that the liabilities in paragraph (8) are to be disregarded, and

(b) the amount of the external liabilities is—

(i) where sub-paragraph (a)(i) applies, the amount shown in the statement referred to in that sub-paragraph in respect of the external liabilities, or

(ii) where sub-paragraph (a)(ii) applies, the amount shown in the estimate referred to in that sub-paragraph in respect of the external liabilities.”;

(c) in paragraph (10)(a) omit “(“the receiving scheme”)”;

(d) in paragraph (12) for “The actuary” substitute “For the purposes of paragraph (11), the actuary”;

(e) in paragraphs (14) and (17)(b) for “updated actuarial assessment” substitute “updated liabilities assessment”.

Commencement Information

I1 Reg. 5 in operation at 6.4.2010, see reg. 1(1)

(1)

Regulation 5 was substituted by regulation 5 of S.R. 2008 No. 132