Pensions Act (Northern Ireland) 2015
PART 1STATE PENSION
Introduction
1State pension
State pension at the full or reduced rate
2Entitlement to state pension at full or reduced rate
3Full and reduced rates of state pension
State pension at the transitional rate
4Entitlement to state pension at transitional rate
5Transitional rate of state pension
6Recalculation and backdating of transitional rate in special cases
Transitional entitlement based on contributions of others
7Survivor's pension based on inheritance of additional old state pension
8Choice of lump sum or survivor's pension under section 9 in certain cases
9Survivor's pension based on inheritance of deferred old state pension
10Inheritance of graduated retirement benefit
Transition: women who have had a reduced rate election
11Reduced rate elections: effect on section 4 pensions
12Reduced rate elections: pension for women with no section 4 pension
Transition: pension sharing on divorce etc.
13Shared state pension on divorce etc.
14Pension sharing: reduction in the sharer's section 4 pension
15Pension sharing: amendments
Postponing or suspending state pension
16Pensioner's option to suspend state pension
17Effect of pensioner postponing or suspending state pension
18Section 17 supplementary: calculating weeks, overseas residents, etc.
Prisoners and overseas residents
19Prisoners
20Overseas residents
Definitions
21“Old state pension”
22General definitions etc.
Consequential and other amendments
23Amendments
24Abolition of contracting-out for salary related schemes etc.
PART 2OPTION TO BOOST OLD RETIREMENT PENSIONS
25Option to boost old retirement pensions
PART 3PENSIONABLE AGE
26Increase in pensionable age to 67
PART 4STATE PENSION CREDIT
27State pension credit: phasing out assessed income periods
28Preserving indefinite status of certain existing assessed income periods
PART 5BEREAVEMENT SUPPORT PAYMENT
29Bereavement support payment
30Bereavement support payment: contribution condition and amendments
31Bereavement support payment: prisoners
PART 6PRIVATE PENSIONS
Transfer of pension benefits
32Automatic transfer of pension benefits etc.
33Power to prohibit offer of incentives to transfer pension rights
34Expiry of power in section 33
35Short service benefit for scheme member with money purchase benefits
Automatic enrolment
36Automatic re-enrolment: exceptions where automatic enrolment deferred
37Automatic enrolment: powers to create general exceptions
38Alternative quality requirements for UK defined benefits scheme
39Automatic enrolment: transitional period for hybrid schemes
40Penalty notices under sections 40 and 41 of the Pensions (No. 2) Act etc.
41Unpaid scheme contributions
Other
42Power to restrict charges or impose requirements in relation to schemes
43Disclosure of information about transaction costs to members etc.
44Power to require pension levies to be paid in respect of past periods
45Prohibition and suspension orders: directors of corporate trustees
46Pensions Regulator's objectives
47Maximum period between scheme returns to be 5 years for micro schemes
48Pension Protection Fund: increased compensation cap for long service
49Pension Protection Fund: compensation cap to apply separately to certain benefits
PART 7FINAL PROVISIONS
50Power to make consequential amendments etc.
51Regulations and orders
52Interpretation
53Commencement
54Short title
SCHEDULES
SCHEDULE 1TRANSISTIONAL RATE OF STATE PENSION: CALCULATING THE AMOUNT
PART 1INTRODUCTION
1(1) This Schedule sets out how to calculate the amounts...
PART 2AMOUNT FOR PRE-COMMENCEMENT QUALIFYING YEARS
How to calculate the amount for pre-commencement qualifying years
2A person's amount for pre-commencement qualifying years is calculated as...
Step 1: calculation of the person's pension under the old system
3(1) For the purposes of Step 1 of the calculation...
Step 2: calculation of a pension based on the new system
4(1) For the purposes of Step 2 of the calculation...
5(1) In paragraph 4(2) and (3) references to an “amount...
Step 4: revaluation
6(1) This paragraph determines how the amount mentioned in Step...
PART 3AMOUNT FOR POST-COMMENCEMENT QUALIFYING YEARS
7(1) A person's amount for post-commencement qualifying years, (if any)...
SCHEDULE 2TRANSISTIONAL RATE OF STATE PENSION: UP-RATING
1This Schedule sets out how to up-rate the transitional rate...
2In this Schedule a reference to the transitional rate of...
3(1) The transitional rate of a person's state pension is...
4(1) The transitional rate of a person's state pension is...
SCHEDULE 3SURVIVOR'S PENSION UNDER SECTION 7: INHERITED AMOUNT
Introduction
1This Schedule— (a) sets out the circumstances in which a...
Dead spouse or civil partner in old state pension system etc.
2(1) A pensioner whose spouse or civil partner has died...
3(1) A pensioner whose spouse or civil partner has died...
4(1) A pensioner whose spouse or civil partner has died...
Dead spouse or civil partner in new state pension system
5(1) A pensioner whose spouse or civil partner has died...
6(1) A pensioner whose spouse or civil partner has died...
7(1) A pensioner whose spouse or civil partner has died...
8(1) A pensioner whose spouse or civil partner has died...
Supplementary
9When determining entitlement to, or calculating, an inherited amount under...
SCHEDULE 4SURVIVOR'S PENSION UNDER SECTION 7: UP-RATING
Introduction
1This Schedule sets out how to up-rate the rate of...
2In this Schedule a reference to the rate of a...
3In this Schedule a reference to “the amount of any...
Rate of section 7 pension, when added to any priority pension, is less than the full rate
4(1) The rate of the person's state pension under section...
Rate of section 7 pension, when added to any priority pension, straddles the full rate
5(1) The rate of the person's state pension under section...
Priority pension alone is equal to or higher than the full rate
6(1) The rate of the person's state pension under section...
SCHEDULE 5SURVIVOR'S PENSION UNDER SECTION 9: INHERITED DEFERRAL AMOUNT
Introduction
1This Schedule— (a) sets out the circumstances in which a...
Dead spouse or civil partner entitled to old state pension with deferral increase
2(1) A pensioner whose spouse or civil partner has died...
Dead spouse's or civil partner's entitlement to old state pension deferred at time of death
3(1) A pensioner whose spouse or civil partner has died...
“The relevant provisions” of the Contributions and Benefits Act
4For the purposes of this Schedule “the relevant provisions” of...
Supplementary
5When determining entitlement to, or calculating, an inherited deferral amount...
SCHEDULE 6REDUCED RATE ELECTIONS: EFFECT ON RATE OF SECTION 4 PENSION
Introduction
1This Schedule modifies the rules about the transitional rate of...
Increased transitional rate for woman married to person over pensionable age etc.
2(1) This paragraph applies to the woman if on reaching...
Increased transitional rate for widows or divorcees etc.
3(1) This paragraph applies to the woman if on reaching...
Recalculation of transitional rate where circumstances change
4If the woman is married or in a civil partnership...
5(1) If neither of paragraphs 2 and 3 applies to...
6Nothing in paragraph 4 or 5 affects—
SCHEDULE 7REDUCED RATE ELECTIONS: BASIC AMOUNT OF STATE PENSION UNDER SECTION 12
1This Schedule— (a) sets out the circumstances in which a...
2(1) A woman is entitled to a basic amount under...
3(1) A woman is entitled to a basic amount under...
4A woman who is entitled to a basic amount under...
SCHEDULE 8PENSION SHARING: APPROPRIATE WEEKLY RATE UNDER SECTION 13
Introduction
1This Schedule sets out the appropriate weekly rate of a...
Appropriate weekly rate for pensioner with old state scheme pension credit
2(1) This paragraph sets out the appropriate weekly rate if...
Appropriate weekly rate for pensioner with new state scheme pension credit
3(1) This paragraph sets out the appropriate weekly rate if...
Supplementary
4(1) Regulations may make provision about the calculation and verification...
SCHEDULE 9PENSION SHARING: UP-RATING STATE PENSION UNDER SECTION 13
Introduction
1This Schedule sets out how to up-rate the rate of...
2In this Schedule a reference to the rate of a...
3(1) In this Schedule “the total amount of any state...
Rate of section 13 pension, when added to any priority pension, is less than the full rate
4(1) The rate of the person's state pension under section...
Rate of section 13 pension, when added to any priority pension, straddles the full rate
5(1) The rate of the person's state pension under section...
Priority pension alone is equal to or higher than the full rate
6(1) The rate of the person's state pension under section...
SCHEDULE 10PENSION SHARING: APPROPRIATE WEEKLY REDUCTION UNDER SECTION 14
Introduction
1This Schedule sets out the appropriate weekly reduction in the...
Appropriate weekly reduction for person subject to old state scheme pension debit
2(1) This paragraph sets out the appropriate weekly reduction if...
Appropriate weekly reduction for person subject to new state scheme pension debit
3(1) This paragraph sets out the appropriate weekly reduction if...
Supplementary
4(1) Regulations may make provision about the calculation and verification...
SCHEDULE 11PENSION SHARING: AMENDMENTS
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
1The Contributions and Benefits Act is amended as follows.
2In section 21 (contribution conditions), in subsection (1), after “section...
3In section 43 (persons entitled to more than one retirement...
4(1) Section 55A (shared additional pension) is amended as follows....
5After section 55A insert— Shared additional pension because of a...
6(1) Section 55B (reduction of shared additional pension in Category...
The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
7In the Administration Act, after section 130AC (inserted by Schedule...
The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)
8The Welfare Reform and Pensions (Northern Ireland) Order 1999 is...
9(1) Article 44 (shareable state scheme rights) is amended as...
10In Article 45 (activation of benefit sharing), in paragraph (1),...
11(1) Article 46 (creation of state scheme pension debits and...
12After Article 46 insert— Creation of debits and credits: transferor...
13(1) Article 48 (interpretation) is amended as follows.
The State Pension Credit Act (Northern Ireland) 2002 (c.14)
14In section 16 of the State Pension Credit Act (Northern...
SCHEDULE 12STATE PENSION: AMENDMENTS
PART 1AMENDMENTS TO DO WITH NEW STATE PENSION SYSTEM
The Forfeiture (Northern Ireland) Order 1982 (NI 14)
1In Article 6 of the Forfeiture (Northern Ireland) Order 1982...
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
2The Contributions and Benefits Act is amended as follows.
3In section 1 (outline of contributory system), in subsection (1)(a),...
4In section 13 (Class 3 contributions), in subsection (2), omit...
5After section 19A insert— Extended meaning of benefit” etc. in...
6(1) Section 22 (earnings factors) is amended as follows.
7In section 121(1) (interpretation), in the definition of “benefit”, after...
The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
8The Administration Act is amended as follows.
9In section 1 (entitlement to benefit dependent on claim), in...
10In section 5 (regulations about claims for and payments of...
11In section 69 (overpayments - general), in subsection (11), before...
12In section 71 (overlapping benefits - general)—
13In section 115CA (interpretation of Part 6), in subsection (1),...
14In section 116B (supply of other government information for fraud...
15In section 118 (regulations as to notification of deaths), in...
16After section 130AB insert— Revaluation for transitional pensions under Pensions...
17After section 132A insert— Up-rating of transitional state pensions under...
18(1) Section 135A (power to anticipate pensions up-rating order) is...
19(1) Section 143 (general financial arrangements) is amended as follows....
20In section 149 (Social Security Advisory Committee), in subsection (5)...
21(1) Section 155 (reciprocal agreements) is amended as follows.
22In section 163 (inalienability), in subsection (1), before paragraph (a)...
23In section 166 (Assembly control of orders and regulations), in...
24In section 167(1) (interpretation), in the definition of “benefit”, before...
The Social Security (Northern Ireland) Order 1993 (NI 2)
25In Article 4 of the Social Security (Northern Ireland) Order...
The Pensions (Northern Ireland) Order 1995 (NI 22)
26In Schedule 2 to the 1995 Order (pensionable age), in...
The Social Security (Northern Ireland) Order 1998 (NI 10)
27The Social Security (Northern Ireland) Order 1998 is amended as...
28In Article 4 (use of computers), in paragraph (2) at...
29In Article 9 (decisions by the Department)—
30In Article 12 (regulations with respect to decisions), in paragraph...
31In Article 27 (restrictions on entitlement to benefit in certain...
32In Article 28 (correction of errors in decisions etc.), in...
33In Schedule 3 (decisions against which an appeal lies), before...
The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)
34(1) Section 38 of the Child Support, Pensions and Social...
The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
35The Social Security Fraud Act (Northern Ireland) 2001 is amended...
36In section 5A (definitions), in the definition of “disqualifying benefit”,...
37In section 9 (power to supplement and mitigate loss of...
The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
38The State Pension Credit Act (Northern Ireland) 2002 is amended...
39In section 7 (fixing of claimant's retirement provision for assessed...
40In section 16 (meaning of “retirement pension income”), in subsection...
The Gender Recognition Act 2004 (c. 7)
41The Gender Recognition Act 2004 is amended as follows.
42In section 23(3) and (4) of that Act (power to...
43(1) Schedule 5 (benefits and pensions) is amended as follows....
The Welfare Reform Act (Northern Ireland) 2015
44. . . . . . . . . ....
PART 2AMENDMENTS TO DO WITH OLD STATE PENSION SYSTEM
Graduated retirement benefit
45(1) Section 35 of the National Insurance Act (Northern Ireland)...
Category A retirement pensions
46The Contributions and Benefits Act is amended as follows.
47In section 44(1) (Category A retirement pension), for paragraph (a)...
48(1) Section 48 (use of former spouse's contributions) is amended...
Category B retirement pensions
49The Contributions and Benefits Act is amended as follows.
50In section 23A (contributions credits for relevant parents and carers)...
51In section 46 (modification of section 45 for calculating additional...
52For section 48A substitute— Category B retirement pension for married...
53(1) Section 48B (Category B retirement pension for widows and...
54(1) Section 48BB (Category B retirement pension: entitlement by reference...
55(1) Section 48C (Category B retirement pension: general) is amended...
56For section 51 substitute— Category B retirement pension for widowers...
57In section 52(3) (special provision for surviving spouses) for “prescribed...
58(1) Schedule 3 (contribution conditions for entitlement to benefit) is...
59In Part 1 of Schedule 4 (rates of certain benefits),...
60In Schedule 4A (additional pension: accrual rates for purposes of...
61In section 42 of the Pension Schemes Act (effect of...
62In Article 125 of the 1995 Order (additional pension: calculation...
63In Schedule 2 to the 1995 Order (equalisation of, and...
64In Schedule 24 to the Civil Partnership Act 2004, omit...
Category C retirement pensions: repeal of spent provisions
65The Contributions and Benefits Act is amended as follows.
66In section 63(f)(i) (descriptions of non-contributory benefits), for the words...
67(1) Section 78 (Category C retirement pensions etc.) is amended...
68In Part 3 of Schedule 4— (a) omit paragraph 6...
Category D retirement pensions
69In section 78(3) of the Contributions and Benefits Act (entitlement...
Age addition
70In sections 63(g) and 79(1) of the Contributions and Benefits...
Christmas bonus
71In section 146(2) of the Contributions and Benefits Act (Christmas...
PART 3AMENDMENTS TO DO WITH STATE PENSION CREDIT
72The State Pension Credit Act (Northern Ireland) 2002 is amended...
73In section 3 (savings credit), for subsection (1) substitute—
74After that section insert— Power to limit savings credit for...
75In Schedule 1 to the Pensions Act (Northern Ireland) 2008,...
PART 4OTHER AMENDMENTS TO DO WITH PART 1
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
76The Contributions and Benefits Act is amended as follows.
77(1) Section 39C (rate of widowed parent's allowance and bereavement...
78(1) Schedule 5 (pension increase or lump sum where entitlement...
The Pension Schemes (Northern Ireland) Act 1993 (c. 49)
79Section 42A of the Pension Schemes Act (retirement in tax...
The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)
80In Article 17 of the Deregulation and Contracting Out (Northern...
The Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13)
81In the Pensions (No2) Act, the following are repealed—
The Pensions Act (Northern Ireland) 2012 (c. 3)
82In the Pensions Act (Northern Ireland) 2012, the following are...
SCHEDULE 13ABOLOTION OF CONTRACTING-OUT FOR SALARY RELATED SCHEMES
PART 1PENSION SCHEMES (NORTHERN IRELAND) ACT 1993: AMENDMENTS
1The Pension Schemes Act is amended as follows.
2For “the abolition date” (in each place) substitute “ the...
3In the heading for Part 3 of the Act—
4For the heading to Chapter 1 of Part 3 substitute...
5Section 3 (issue of contracting-out certificates) is repealed (and accordingly,...
6After section 3 insert— Meaning of the first abolition date”...
7(1) Section 4 (meaning of “contracted-out employment”, “guaranteed minimum pension”...
8The italic heading above section 5 is repealed.
9Sections 5 and 7 (requirements for certification of schemes: general)...
10The italic heading above section 8A is repealed.
11Sections 8A to 8D (requirements for certification applying to employment...
12For the italic heading above section 9 substitute “ Guaranteed...
13(1) Before section 9 insert— Former salary related contracted-out schemes...
14In section 9 (minimum pensions for earners), in subsection (2)—...
15(1) Section 10 (earner's guaranteed minimum) is amended as follows....
16In section 12 (revaluation of earnings factors for the purposes...
17(1) Section 13 (minimum pensions for widows, widowers and surviving...
18In section 16 (transfer of accrued rights), in subsection (1)(a)—...
19In section 19 (securing of benefits), in subsection (2), omit...
20In section 20A— (a) the existing text becomes subsection (1),...
21In section 21 (power for HMRC to impose conditions as...
22Sections 30 to 32 (cancellation, variation, surrender and refusal of...
23In the italic heading above section 33, for “scheme rules...
24In section 33 (alteration of rules of contracted-out schemes) for...
25After section 33 insert— Transfer of liabilities etc.: schemes contracted-out...
26For the heading to Chapter 2 of Part 3 substitute...
27In section 36 (scope of Chapter 2)—
28The italic heading above section 37 is repealed.
29Section 37 (reduced rates of Class 1 contributions) is repealed....
30Section 38 (review and alteration of reduced rates of Class...
31In section 44A (additional pension and other benefits), in subsection...
32Section 45 (women, married women and widows) is repealed.
33Section 46 (powers of HMRC to approve arrangements for scheme...
34In section 47 (calculation of guaranteed minimum pensions under approved...
35For section 48 substitute— Supervision of former salary related contracted-out...
36In section 49 (supervision: former contracted-out schemes), omit subsection (3)....
37Sections 51 to 64 (state scheme premiums) are repealed.
38In section 83 (general protection principle), in subsection (1)(a), for...
39In section 92 (further provisions concerning exercise of option to...
40In section 166 (questions arising in proceedings), in subsection (1),...
41In section 173 (trustees and managers of schemes), in paragraph...
42(1) Section 176(1) (general interpretation) is amended as follows.
43Section 176A (interpretation of references to money purchase contracted-out schemes...
44In section 180 (consultation about other regulations), omit subsection (2)....
45(1) Schedule 1 (certification regulations) is amended as follows.
46(1) Schedule 3 (priority in bankruptcy) is amended as follows....
PART 2OTHER STATUTORY PROVISIONS: AMENDMENTS
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
47The Contributions and Benefits Act is amended as follows.
48In section 1 (outline of contributory system), in subsection (3),...
49In section 4C (power to make provision in consequence of...
50In section 8 (calculation of primary Class 1 contributions), in...
51In section 9 (calculation of secondary Class 1 contributions), in...
52In section 20 (descriptions of contributory benefits), in subsection (3),...
53In Schedule 1 (supplementary provisions relating to national insurance contributions),...
The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
54The Administration Act is amended as follows.
55In section 132 (annual up-rating of benefits), in subsection (3A),...
56In section 167 (interpretation - general)— (a) in the definition...
The Pensions (Northern Ireland) Order 1995 (NI 22)
57The 1995 Order is amended as follows.
58(1) Article 51 (annual increase in rate of pension) is...
59In Article 54 (Articles 51 to 53: supplementary), in paragraph...
60For Article 69 substitute— Grounds for applying for modifications: winding...
61In Article 70 (Article 69: supplementary), omit paragraph (3).
62In Article 71 (effect of orders under Article 69), in...
63In Article 72 (modification of public service pension schemes), in...
64Articles 133(1), (3) and (5), 134(3) and (4) and 145...
The Employment Rights (Northern Ireland) Order 1996 (NI 16)
65The Employment Rights (Northern Ireland) Order 1996 is amended as...
66In Article 35 (note to be included in statement of...
67In Article 43 (references to industrial tribunals), in paragraph (3),...
The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)
68The Child Support, Pensions and Social Security Act (Northern Ireland)...
69(1) Section 38 (disclosure of state pension information) is amended...
70Part 2 of Schedule 5 (alternative to anti-franking rules) is...
The Pensions (Northern Ireland) Order 2005 (NI 1)
71In Article 235 of the 2005 Order (pension protection on...
The Companies Act 2006 (c. 46)
72The Companies Act 2006 is amended as follows.
73In section 140 (interests to be disregarded: employer's rights of...
74In section 673 (interests to be disregarded in determining whether...
The Pensions Act (Northern Ireland) 2008 (c. 1)
75The Pensions Act (Northern Ireland) 2008 is amended as follows....
76(1) Section 13 (abolition of contracting-out for defined contribution pension...
77In section 19 (consequential provision, repeals and revocations), in subsection...
78(1) Schedule 4 (abolition of contracting-out for defined contribution pension...
The Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13)
79The Pensions (No2) Act is amended as follows.
80For section 21 substitute— Quality requirement: UK defined benefits schemes...
81In section 22 (test scheme standard), for subsection (2) substitute—...
SCHEDULE 14POWER TO AMEND SCHEMES TO REFLECT ABOLITION OF CONTRACTING-OUT
Introduction
1This Schedule is about the power under section 24(2) to...
What can the power be used to do?
2(1) The power may be used— (a) to increase the...
3(1) The power may not be used in a way...
4Regulations may impose further restrictions on the use of the...
Creation of exceptions
5The power may not be used to amend a scheme...
Requirement for actuary's certificates
6(1) The power may be used only if an actuary...
When can the power be used?
7The power may be used before or after the repeal...
8An amendment made before the repeal of section 37 of...
Can the power be used more than once?
9(1) The power may be used to amend a scheme...
Modifications for multi-employer or sectionalised schemes
10(1) Regulations may modify section 24(2) to (7) or this...
The power overrides other legislation
11An amendment under section 24 and this Schedule may be...
Procedural requirements and supplementary matters
12Regulations may impose procedural requirements about the use of the...
13Regulations under this Schedule may confer a discretion on a...
Information
14(1) Regulations may require the trustees or managers of an...
Definitions
15In this Schedule— “employee contributions” means, in relation to a...
SCHEDULE 15OPTION TO BOOST OLD RETIREMENT PENSIONS
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 4)
1The Contributions and Benefits Act is amended as follows.
2In section 43 (persons entitled to more than one retirement...
3In section 44 (Category A retirement pension), in subsection (3)—...
4(1) Section 45 (rate of additional pension in a Category...
5In section 52 (special provision for surviving spouses), after subsection...
6After section 61 insert— Shortfall in contributions: people with units...
The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)
7In Article 44 of the Welfare Reform and Pensions (Northern...
SCHEDULE 16BEREAVEMENT SUPPORT PAYMENT: AMENDMENTS
The Forfeiture (Northern Ireland) Order 1982 (NI 14)
1In Article 6 of the Forfeiture (Northern Ireland) Order 1982...
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
2The Contributions and Benefits Act is amended as follows.
3(1) Section 20 (descriptions of contributory benefits) is amended as...
4(1) Section 21 (contribution conditions) is amended as follows.
5In section 22 (earnings factors), in subsection (2), after paragraph...
6(1) Section 23A (contributions credits for relevant parents and carers)...
7For the italic heading above section 36 substitute “ Bereavement...
8Section 36 (bereavement payment) is repealed.
9Section 36A (cases in which sections 37 to 41 apply)...
10(1) Section 37 (widowed mother's allowance) is amended as follows....
11(1) Section 38 (widow's pension) is amended as follows.
12In section 39A (widowed parent's allowance), for subsection (1) substitute—...
13Section 39B (bereavement allowance where no dependent children) is repealed....
14(1) Section 39C (rate of widowed parent's allowance and bereavement...
15In section 48B (Category B retirement pension for widows and...
16In section 48BB (Category B retirement pension: entitlement by reference...
17(1) Section 60 (complete or partial failure to satisfy contribution...
18(1) Schedule 3 (contribution conditions for entitlement to benefit) is...
19In Schedule 4 (rates of benefits etc.) omit Part 2....
The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
20The Administration Act is amended as follows.
21(1) Section 1 (entitlement to benefit dependent on claim) is...
22In section 2A (claim or full entitlement to certain benefits...
23(1) Section 3 (late claims for bereavement benefit where death...
24In section 5 (regulations about claims for and payments of...
25In section 69 (overpayments - general), in subsection (11), before...
26In section 115CA (interpretation of Part 6), in subsection (1),...
27In section 116B (supply of other government information for fraud...
28In section 118 (regulations as to notification of deaths), in...
29(1) Section 143 (general financial arrangements) is amended as follows....
30In section 149 (Social Security Advisory Committee), in subsection (5)...
31(1) Section 155 (reciprocal agreements) is amended as follows.
32In section 163 (inalienability), in subsection (1), before paragraph (b)...
33In section 167(1) (interpretation), in the definition of “benefit”, at...
The Social Security (Northern Ireland) Order 1993 (NI 2)
34In Article 4 of the Social Security (Northern Ireland) Order...
The Social Security (Northern Ireland) Order 1998 (NI 10)
35The Social Security (Northern Ireland) Order 1998 is amended as...
36In Article 4 (use of computers), in paragraph (2), after...
37(1) Article 9 (decisions by Department) is amended as follows....
38In Article 12 (regulations with respect to decisions), in paragraph...
39In Article 27 (restrictions on entitlement in cases of error),...
40In Article 28 (correction of errors in decisions etc.), in...
The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
41The Social Security Fraud Act (Northern Ireland) 2001 is amended...
42In section 5A (definitions), in the definition of “disqualifying benefit”,...
43In section 5A (definitions), in the definition of “sanctionable benefit”—...
44In section 9 (power to supplement and mitigate loss of...
The Income Tax (Earnings and Pensions) Act 2003 (c. 1)
45The Income Tax (Earnings and Pensions) Act 2003 is amended...
46In section 660 (taxable benefits: UK benefits - Table A),...
47In section 677 (UK social security benefits wholly exempt from...
SCHEDULE 17AUTOMATIC TRANSFER OF PENSION BENEFITS ETC.
PART 1AUTOMATIC TRANSFER OF PENSION BENEFITS
Regulations providing for transfer of cash equivalent of transferable benefits
1(1) The Department must make regulations with a view to...
Automatic transfer scheme to find out whether members have transferable benefits
2(1) The regulations must require the trustees or managers of...
Automatic transfer scheme to request transfer of cash equivalent
3(1) The regulations must require the trustees or managers of...
Right to opt out of automatic transfer
4(1) If the regulations do not include the condition mentioned...
Information to be given to qualifying members of automatic transfer schemes
5(1) The regulations must require a prescribed person to give...
Transferable benefits scheme to comply with request
6(1) The regulations must require the trustees or managers of...
Automatic transfer scheme to use cash equivalent to provide rights under the scheme
7(1) The regulations must require the trustees or managers of...
Cash equivalents: calculation and verification
8(1) The regulations may provide for the manner in which...
Disclosure of information and establishment of database
9(1) The regulations must make provision about disclosure of information....
Compliance
10(1) The regulations may make provision with a view to...
Record keeping
11(1) The regulations may require any person—
Further provision about the regulations
12The regulations may— (a) impose or confer other functions on...
PART 2MERGER OF PENSION ACCOUNTS
13(1) The Department may by regulations make provision for the...
PART 3INTERPRETATION ETC.
Interpretation etc.
14(1) In this Schedule— “active member”— in relation to an...
Crown application
15(1) This Schedule applies to a pension scheme managed by...
Overriding provision
16(1) Regulations under this Schedule may provide that specified provisions...
Other provision relating to regulations under this Schedule
17(1) Regulations under this Schedule may amend or otherwise modify...
18Before making any regulations under this Schedule, the Department must...
Amendments
19(1) The Pension Schemes Act is amended as follows.
20In Article 233 of the 2005 Order (no indemnification for...
SCHEDULE 18POWER TO RESTRICT CHARGES OR IMPOSE REQUIREMENTS IN RELATION TO SCHEMES
Power to restrict charges
1(1) The Department may by regulations make provision—
Power to impose requirements relating to administration or governance
2(1) The Department may by regulations impose requirements relating to...
Compliance
3(1) The Department may by regulations make provision with a...
Interpretation
4(1) Expressions used in this Schedule and in Schedule 17...
Crown application
5(1) This Schedule applies to a pension scheme managed by...
Overriding provision
6(1) The Department may by regulations provide that specified provisions...
Other provision relating to regulations under this Schedule
7The Department may by regulations amend or otherwise modify any...
8Before making any regulations under this Schedule, the Department must...
Amendments
9(1) The Pension Schemes Act is amended as follows.
10In Article 233 of the 2005 Order (no indemnification for...
11(1) Section 16 of the Pensions (No. 2) Act (automatic...
12In consequence of the amendments made by paragraph 11, section...
SCHEDULE 19PROHIBITION ORDERS: CONSEQUENTIAL AMENDMENTS
The Pensions (Northern Ireland) Order 1995 (NI 22)
1The 1995 Order is amended as follows.
2In Article 6 (removal or suspension of trustees: consequences)—
3In Article 7 (appointment of trustees), in paragraph (1), after...
4In Article 9 (removal and appointment of trustees: property), after...
The Pensions (Northern Ireland) Order 2005 (NI 1)
5The 2005 Order is amended as follows.
6In Article 7 (functions exercisable by the Determinations Panel), in...
7In Article 61 (register of prohibited trustees), in paragraph (1),...
8In Article 91 (Pensions Regulator's regulatory functions: standard procedure), in...
9In Article 92 (Pensions Regulator's regulatory functions: special procedure), in...
10(1) Schedule 2 (Pensions Regulator's reserved regulatory functions) is amended...
SCHEDULE 20PENSION PROTECTION FUND: INCREASED COMPENSATION CAP FOR LONG SERVICE
PART 1THE NEW COMPENSATION CAP
1Schedule 6 to the 2005 Order (pension compensation provisions) is...
2In paragraph 26 (the compensation cap), for the definition of...
3After paragraph 26 insert— (1) This paragraph gives the meaning of “the compensation cap”...
4In paragraph 24(2), at the end insert “ of the...
5In paragraph 26(9), after “this paragraph” insert “ and paragraph...
6In paragraph 27 (increasing the compensation cap in line with...
7In paragraph 18(2) of Schedule 4 to the Pensions (No....
PART 2EFFECT OF CHANGE IN TRANSISTIONAL CASES
Recalculation of periodic compensation going forwards
8(1) This paragraph applies in relation to a person if—...
New cap does not generally affect old payments
9(1) Nothing in this Schedule affects— (a) periodic compensation for...
Survivors' compensation
10When working out the annual rate of a person's periodic...
Cases involving early payment or postponement of compensation
11Nothing in this Schedule affects the amount of—
Recalculation of terminal illness lump sums given in the past year
12(1) This paragraph applies in relation to a person who...
Meaning of “the pension compensation provisions” in Part 3 of the 2005 Order
13Article 146(2) of the 2005 Order is to be treated...
PART 3SCHEMES UNDERGOING ASSESSMENT OR WINDING UP ON THE COMMENCEMENT DATE
Schemes undergoing assessment on the commencement date
14(1) This paragraph applies in relation to an eligible scheme...
Continue to use the old cap as the basis of assessment
2For the purposes of the following, ignore any effect that...
Going forwards, pay pensions on the basis of the new cap
3For the purposes of Article 122(2) of the 2005 Order...
Schemes that begin winding up before the commencement date
15(1) This paragraph applies in relation to an eligible scheme...
Use the old cap when working out the preferential liabilities (generally)
2For the purposes of Articles 73 and 73A of the...
Going forwards, pay pensions on the basis of the new cap during assessment
3If for any period the scheme is being wound up...
4For the purposes of Article 73A of the 1995 Order,...
Meaning of “undergoing assessment”
16For the purposes of this Part of this Schedule an...
Meaning of “eligible scheme”
17Article 110(4) of the 2005 Order (list of provisions in...
PART 4INTERPRETATION AND POWER TO MAKE FURTHER TRANSISTIONAL PROVISION
Interpretation
18In this Schedule “the commencement date” means the date on...
19Other expressions used in this Schedule have the same meaning...
Further transitional provision
20The inclusion of Parts 2 and 3 does not prevent...
21(1) In relation to a case involving multiple benefits, transitional...
22(1) Transitional provision made by order under section 53(5) may,...

Royal arms

Pensions Act (Northern Ireland) 2015

2015 CHAPTER 5

An Act to make provision about pensions and about benefits payable to people in connection with bereavement; and for connected purposes.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows: