Public Service Pensions Act (Northern Ireland) 2014

New schemes: supplementary N.I.

Extension of schemes N.I.

25.—(1) Scheme regulations for a scheme under section 1 may make provision for the payment of pensions and other benefits to or in respect of—

(a) persons specified in section 1(2), but

(b) in relation to whom the responsible authority could not otherwise make a scheme under section 1.

(2) Scheme regulations for a scheme under section 1 may make provision to deem persons of any description to fall within a given description of persons specified in section 1(2).

(3) Scheme regulations for a scheme under section 1 may specify persons, not being persons specified in section 1(2), as persons to whom the scheme may potentially relate.

(4) The persons specified under subsection (3) may be any persons (other than persons specified in section 1(2)) that the responsible authority considers appropriate.

(5) The responsible authority may then at any time determine that the scheme is to relate to some or all of those persons.

(6) By virtue of a determination under subsection (5) the scheme regulations then apply to the persons to whom the determination relates as they apply to other persons to or in respect of whom pensions and other benefits are provided under the scheme (or such class of other persons as may be specified in the determination).

(7) Subsection (6) is subject to—

(a) any special provision made in the scheme regulations, and

(b) a direction under subsection (8).

(8) Scheme regulations made under subsection (2) or (3) in relation to any persons may include provision authorising the responsible authority by direction to modify provisions of the regulations in their application to those persons for the purpose of—

(a) securing appropriate protection against additional costs to the scheme that might result from the application of the scheme regulations to those persons,

(b) obtaining information about those persons, their employers and other relevant persons, or

(c) taking appropriate account of—

(i) the arrangements under which those persons are employed, and

(ii) the organisational structures of their employers.

(9) The responsible authority for a scheme under section 1 must publish a list of the persons to whom the scheme relates by virtue of determinations under subsection (5) (and keep the published list up-to-date).

(10) A determination under subsection (5) may have retrospective effect.

(11) Where, by virtue of section 4(5), there is more than one scheme manager for a scheme under section 1, the responsible authority may delegate its functions under subsection (5) or (9) to the scheme managers, subject to such conditions as the responsible authority considers appropriate.

Commencement Information

I1 S. 25 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(p)

[F1 Extension of schemes where definition of “the judiciary” expanded N.I.

25A.— (1) Subsection (2) applies where—

(a) scheme regulations come into force establishing a scheme under section 1 for holders of judicial office, and

(b) subsequently, an order is made under paragraph 2(1) of Schedule 1 (order specifying judicial offices for the purposes of the definition of “holders of judicial office”).

(2) Scheme regulations for the scheme mentioned in subsection (1)(a) may make provision under which any right or obligation of a member holding an office specified in the order mentioned in subsection (1)(b) is determined by reference to service which takes place before (as well as after) the order comes into force.

(3) This section is without prejudice to the generality of section 3(3)(b) (power to make retrospective provision in scheme regulations).]

Textual Amendments

F1 S. 25A inserted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in operation) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 97(5), 131(1)(2)(f)

Non-scheme benefits N.I.

26.—(1) The scheme manager or employer for a scheme under section 1 may make such payments as the scheme manager or employer considers appropriate towards the provision, otherwise than by virtue of the scheme, of pensions and other benefits to or in respect of;

[F2 (a) persons to whom the scheme relates (including any to whom the scheme relates by virtue of section 25), and

(b) persons to whom the scheme would have related but for the fact that, in accordance with the scheme, they have opted out of the scheme (or have failed to opt in to the scheme).]

(2) Subsection (1) is subject to any provision made in the scheme regulations for the scheme that restricts or otherwise affects the power to make payments under that subsection.

[F3 (3) For the purposes of subsection (1)(b), a person is treated as having opted out of a scheme if the scheme would have related to the person (or would have done so if the person had opted that it should) but for the fact that the person had a partnership pension account.

(4) In this section—

“occupational defined contributions scheme” means a defined contributions scheme (within the meaning given by section 4 of the Pension Schemes Act (Northern Ireland) 2016) that is an occupational pension scheme within the meaning of Pension Schemes (Northern Ireland) Act 1993 (see section 1 of that Act);

“partnership pension account”, in relation to a person in service in an employment or office, means—

(a)

a stakeholder pension scheme,

(b)

a personal pension scheme, or

(c)

an occupational defined contributions scheme,

to which the person’s employer is paying contributions;

“personal pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (see section 1 of that Act);

“stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 2 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (see Article 3 of that Order).]

Textual Amendments

F2 S. 26(1)(a)(b) substituted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in operation) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 98(5), 131(1)(2)(f)

F3 S. 26(3)(4) inserted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in operation) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 98(6), 131(1)(2)(f)

Commencement Information

I2 S. 26 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(q)

Consequential and minor amendments N.I.

27.   Schedule 8 contains consequential and minor amendments.

Commencement Information

I3 S. 27 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)