a

to any member of an occupational pension scheme—

i

whose pensionable service has terminated at least one year before normal pension age, and

ii

who on the date on which his pensionable service terminated had accrued rights to benefit under the scheme,

except a member of a salary related occupational pension scheme whose pensionable service terminated before 1st January 1986 and in respect of whom prescribed requirements are satisfied;

1A

For the purposes of this section and the following provisions of this Chapter, an occupational pension scheme is salary related if—

a

the scheme is not a money purchase scheme, and

b

the scheme does not fall within a prescribed class.

1B

Regulations may—

a

provide for this Chapter not to apply in relation to a person of a prescribed description, or

b

apply this Chapter with prescribed modifications to occupational pension schemes—

i

which are not money purchase schemes, but

ii

where some of the benefits that may be provided are money purchase benefits.

aa

a member of a salary related occupational pension scheme who has received a statement of entitlement and has made a relevant application within three months beginning with the guarantee date in respect of that statement acquires a right to his guaranteed cash equivalent;

1A

For the purposes of subsection (1)(aa), a person's “guaranteed cash equivalent” is the amount stated in the statement of entitlement mentioned in that subsection.

“the guarantee date” has the same meaning as in section 89A(2);

3

Regulations may provide that, in prescribed circumstances, subsection (1)(aa) does not apply to members of salary related occupational pension schemes or applies to them with prescribed modifications.

Breach of regulations.164

1

Regulations under any provision of this Act (other than Chapter II of Part VII) may make such provision as is referred to in subsection (2) or (4) for the contravention of any provision contained in regulations made or having effect as if made under any provision of this Act.

2

The regulations may provide for the contravention to be an offence under this Act and for the recovery on summary conviction of a fine not exceeding level 5 on the standard scale.

3

An offence under any provision of the regulations may be charged by reference to any day or longer period of time; and a person may be convicted of a second or subsequent offence under such a provision by reference to any period of time following the preceding conviction of the offence.

4

The regulations may provide for a person who has contravened the provision to pay to the Regulatory Authority, within a prescribed period, a penalty not exceeding an amount specified in the regulations; and the regulations must specify different amounts in the case of individuals from those specified in other cases and any amount so specified may not exceed the amount for the time being specified in the case of individuals or, as the case may be, others in Article 10(2)(a) of the Pensions (Northern Ireland) Order 1995.

5

Regulations made by virtue of subsection (4) do not affect the amount of any penalty recoverable under that subsection by reason of an act or omission occurring before the regulations are made.

6

Where—

a

apart from this subsection, a penalty under subsection (4) is recoverable from a body corporate by reason of any act or omission of the body as a trustee of a trust scheme, and

b

the act or omission was done with the consent or connivance of, or is attributable to any neglect on the part of, any persons mentioned in subsection (7),

such a penalty is recoverable from each of those persons who consented to or connived in the act or omission or to whose neglect the act or omission was attributable.

7

The persons referred to in subsection (6)(b) are—

a

any director, manager, secretary, or other similar officer of the body corporate, or a person purporting to act in any such capacity, and

b

where the affairs of the body corporate are managed by its members, any member in connection with his functions of management.

8

Where the Regulatory Authority require any person to pay a penalty by virtue of subsection (6), they may not also require the body corporate in question to pay a penalty in respect of the same act or omission.

9

A penalty under subsection (4) is recoverable by the Authority and any such penalty recovered by the Authority must be paid to the Department.

10

Where by reason of the contravention of any provision contained in regulations made, or having effect as if made, under this Act—

a

a person is convicted of an offence under this Act, or

b

a person pays a penalty under subsection (4),

then, in respect of that contravention, he shall not, in a case within paragraph (a), be liable to pay such a penalty or, in a case within paragraph (a), be liable to pay such a penalty or, in a case within paragraph (b), be convicted of such an offence.

Offence in connection with the Registrar.164A

1

Any person who knowingly or recklessly provides the Registrar with information which is false or misleading in a material particular is guilty of an offence if the information—

a

is provided in purported compliance with a requirement under section 2, or

b

is provided otherwise than as mentioned in paragraph (a) but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Registrar for the purpose of discharging his functions under this Act.

2

Any person guilty of an offence under subsection (1) is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum,

b

on conviction on indictment, to imprisonment or a fine, or both.

1

The Pensions Ombudsman may investigate and determine the following complaints and disputes—

a

a complaint made to him by or on behalf of an actual or potential beneficiary of an occupational or personal pension scheme who alleges that he has sustained injustice in consequence of maladministration in connection with any act or omission of a person responsible for the management of the scheme,

b

a complaint made to him—

i

by or on behalf of a person responsible for the management of an occupational pension scheme who in connection with any act or omission of another person responsible for the management of the scheme, alleges maladministration of the scheme, or

ii

by or on behalf of the trustees or managers of an occupational pension scheme who in connection with any act or omission of any trustee or manager of another such scheme, allege maladministration of the other scheme,

and in any case falling within sub-paragraph (ii) references in this Part to the scheme to which the complaint relates is to the other scheme referred to in that sub-paragraph,

c

any dispute of fact or law which arises in relation to an occupational or personal pension scheme between—

i

a person responsible for the management of the scheme, and

ii

an actual or potential beneficiary,

and which is referred to him by or on behalf of the actual or potential beneficiary, and

d

any dispute of fact or law which arises between the trustees or managers of an occupational pension scheme and—

i

another person responsible for the management of the scheme, or

ii

any trustee or manager of another such scheme,

and which is referred to him by or on behalf of the person, trustee or manager referred to in sub-paragraph (i) or (ii); and in any case falling within sub-paragraph (ii) references in this Part to the scheme to which the reference relates is to the scheme first mentioned in this paragraph.

2

Complaints and references made to the Pensions Ombudsman must be made to him in writing.

3

For the purposes of this Part, the following persons (subject to subsection (4)) are responsible for the management of an occupational pension scheme—

a

the trustees or managers, and

b

the employer;

but, in relation to a person falling within one of those paragraphs, references in this Part to another person responsible for the management of the same scheme are to a person falling within the other paragraph.

3A

For the purpose of this Part, a person is responsible for the management of a personal pension scheme if he is a trustee or manager of the scheme.

4

Regulations may provide that, subject to any prescribed modification or exceptions, this Part shall apply in the case of an occupational or personal pension scheme in relation to any prescribed person or body of persons where the person or body—

a

is not a trustee or manager or employer, but

b

is concerned with the financing or administration of, or the provision of benefits under, the scheme,

as if for the purposes of this Part he were a person responsible for the management of the scheme.

a

the person by whom, or on whose behalf, the complaint or reference has been made;

b

any person responsible for the management of the scheme to which the complaint or reference relates;

a

to the person by whom, or on whose behalf, the complaint or reference was made; and

b

to any person (if different) responsible for the management of the scheme to which the complaint or reference relates;

a

the person by whom, or on whose behalf, the complaint or reference was made;

b

any person (if different) responsible for the management of the scheme to which the complaint or reference relates; and

c

any person claiming under a person falling within paragraph (a) or (b).

and

c

for the payment by the Pensions Ombudsman of such travelling and other allowances (including compensation for loss of remunerative time) as the Department may determine, to—

i

actual or potential beneficiaries of a scheme to which a complaint or reference relates, or

ii

persons appearing and being heard on behalf of such actual or potential beneficiaries,

who attend at the request of the Pensions Ombudsman any oral hearing held in connection with an investigation into the complaint or dispute

5

The Pensions Ombudsman may disclose any information which he obtains for the purposes of an investigation under this Part to any person to whom subsection (6) applies, if the Ombudsman considers that the disclosure would enable or assist that person to discharge any of his functions.

6

This subsection applies to the following—

a

the Regulatory Authority,

b

the Pensions Compensation Board,

c

the Registrar,

d

any Northern Ireland department or department of the Government of the United Kingdom,

e

the Bank of England,

f

the Friendly Societies Commission,

g

the Building Societies Commission,

h

an inspector appointed by the Department of Economic Development under Part XV of the Companies (Northern Ireland) Order 1986F2,

i

an inspector appointed by the Secretary of State under Part XIV of the Companies Act 1985F3 or section 94 or 177 of the Financial Services Act 1986F4,

j

a person authorised under section 106 of the Financial Services Act 1986 to exercise powers conferred by section 105 of that Act,

k

a designated agency or transferee body or the competent authority, within the meaning of that Act, and

l

a recognised self-regulating organisation, recognised professional body, recognised investment exchange or recognised clearing house, within the meaning of that Act.

7

The Department may by order—

a

amend subsection (6) by adding any person or removing any person for the time being specified in that subsection, or

b

restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in that subsection.

aa

in disclosing any information under section 145(5),

Pensions27B

1

The matters to which the court is to have regard under Article 27(2) include—

a

in the case of sub-paragraph (a), any benefits under a pension scheme which a party to the marriage has or is likely to have; and

b

in the case of sub-paragraph (h), any benefits under a pension scheme which, by reason of the dissolution or annulment of the marriage, a partly to the marriage will lose the chance of acquiring,

and, accordingly, in relation to benefits under a pension scheme, Article 27(2)(a) shall have effect as if “in the foreseeable future” were omitted.

2

In any proceedings for a financial provision order under Article 25 in a case where a party to the marriage has, or is likely to have, any benefit under a pension scheme, the court shall, in addition to considering any other matter which it is required to consider apart from this paragraph, consider—

a

whether having regard to any matter to which it is required to have regard in the proceedings by virtue of paragraph (1), such an order (whether deferred or not) should be made; and

b

where the court determines to make such an order, how the terms of the order should be affected, having regard to any such matter.

3

The following provisions apply where, having regard to any benefits under a pension scheme, the court determines to make an order under Article 25.

4

To the extent to which the order is made having regard to any benefits under a pension scheme, the order may require the trustees or managers of the pension scheme in question, if at any time any payment in respect of any benefits under the scheme becomes due to the party with pension rights, to make a payment for the benefit of the other party.

5

The amount of any payment which, by virtue of paragraph (4), the trustees or managers are required to make under the order at any time shall not exceed the amount of the payment which is due at that time to the party with pension rights.

6

Any such payment by the trustees or managers—

a

shall discharge so much of the trustees' or managers' liability to the party with pension rights as corresponds to the amount of the payment; and

b

shall be treated for all purposes as a payment made by the party with pension rights in or towards the discharge of his liability under the order.

7

Where the party with pension rights may require any benefits which he has or is likely to have under the scheme to be commuted, the order may require him to commute the whole or part of those benefits; and this Article applies to the payment of any amount commuted in pursuance of the order as it applies to other payments in respect of benefits under the scheme.

Pensions: lump sums27C

1

The power of the court under Article 25 to order a party to a marriage to pay a lump sum to the other party includes, where the benefits which the party with pension rights has or is likely to have under a pension scheme include any lump sum payable in respect of his death, power to make any of the following provision by the order.

2

The court may—

a

if the trustees or managers of the pension scheme in question have power to determine the person to whom the sum, or any part of it, is to be paid, require them to pay the whole or part of that sum, when it becomes due, to the other party;

b

if the party with pension rights has power to nominate the person to whom the sum, or any part of it, is to be paid, require the party with pension rights to nominate the other party in respect of the whole or part of that sum;

c

in any other case, require the trustees or managers of the pension scheme in question to pay the whole or part of that sum, when it becomes due, for the benefit of the other party instead of to the person to whom, apart from the order, it would be paid.

3

Any payment by the trustees or managers under an order made under Article 25 by virtue of this Article shall discharge so much of the trustees', or managers', liability in respect of the party with pension rights as corresponds to the amount of the payment.

Pensions: supplementary27D

1

Where—

a

an order made under Article 25 by virtue of Article 27B or 27C imposes any requirement on the trustees or managers of a pension scheme ( “the first scheme”) and the party with pension rights acquires transfer credits under another pension scheme ( “the new scheme”) which are derived (directly or indirectly) from a transfer from the first scheme of all his accrued rights under that scheme (including transfer credits allowed by that scheme); and

b

the trustees or managers of the new scheme have been given notice in accordance with regulations,

the order shall have effect as if it had been made in respect of the trustees or managers of the new scheme; and in this paragraph “transfer credits” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993.

2

Regulations may—

a

in relation to any provision of Article 27B or 27C which authorises the court making an order under Article 25 to require the trustees or managers of a pension scheme to make a payment for the benefit of the other party, make provision as to the person to whom, and the terms on which, the payment is to be made;

b

require notices to be given in respect of changes of circumstances relevant to such orders which include provision made by virtue of Articles 27B and 27C;

c

make provision for the trustees or managers of any pension scheme to provide, for the purposes of orders under Article 25, information as to the value of any benefits under the scheme;

d

make provision for the recovery of the administrative expenses of—

i

complying with such orders, so far as they include provision made by virtue of Articles 27B and 27C; and

ii

providing such information,

from the party with pension rights or the other party;

e

make provision for the value of any benefits under a pension scheme to be calculated and verified, for the purposes of orders under Article 25, in a prescribed manner;

and regulations made by virtue of sub-paragraph (e) may provide for that value to be calculated and verified in accordance with guidance which is prepared and revisd by a prescribed person and approved by the Department of Health and Social Services.

3

In this Article and Articles 27B and 27C—

a

references to a pension scheme include—

i

a retirement annuity contract; or

ii

an annuity, or insurance policy, purchased or transferred for the purpose of giving effect to rights under a pension scheme;

b

in relation to such a contract or annuity, references to the trustees or managers shall be read as references to the provider of the annuity;

c

in relation to such a policy, references to the trustees or managers shall be read as references to the insurer;

and in Article 27B(1) and (2), references to benefits under a pension scheme include any benefits by way of pension, whether under a pension scheme or not.

4

In this Article and Articles 27B and 27C—

• “the party with pension rights” means the party to the marriage who has or is likely to have benefits under a pension scheme and “the other party” means the other party to the marriage;

• “pension scheme” means an occupational pension scheme or a personal pension scheme (applying the definitions in section 1 of the Pension Schemes (Northern Ireland) Act 1993, but as if the reference to employed earners in the definition of “personal pension scheme” were to any earners);

• “prescribed” means prescribed by regulations; and

• “regulations” means regulations made by the Lord Chancellor;

and regulations made under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.