The Pensions (Northern Ireland) Order 2005
PART IINTRODUCTORY
1Title and commencement
Interpretation
2General interpretation
PART IITHE PENSIONS REGULATOR
General provisions about functions
3Regulator's functions
4Regulator's objectives
5Supplementary powers
6Transfer of OPRA's functions to the Regulator
The Determinations Panel
7Functions exercisable by the Determinations Panel
Provision of information, education and assistance
8Provision of information, education and assistance
New powers in respect of occupational and personal pension schemes
9Improvement notices
10Third party notices
10AAppointment of skilled person to assist public service pension scheme
11Injunctions
12Restitution
13Power of the Regulator to recover unpaid contributions
14Pension liberation: interpretation
15Pension liberation: Court's power to order restitution
16Pension liberation: restraining orders
17Pension liberation: repatriation orders
Powers in relation to winding up of occupational pension schemes
18Powers to wind up occupational pension schemes
19Freezing orders
20Consequences of freezing order
21Period of effect etc. of freezing order
22Validation of action in contravention of freezing order
23Effect of determination to wind up scheme on freezing order
24Effect of winding up order on freezing order
25Effect of assessment period under Part III on freezing order
26Power to give a direction where freezing order ceases to have effect
27Notification of trustees, managers, employers and members
28Articles 19 to 27: supplementary
Trustees of occupational pension schemes
29Prohibition orders
30Suspension orders
31Appointment of trustees by the Regulator
32Independent trustees
33Disqualification
Contribution notices where avoidance of employer debt
34Contribution notices where avoidance of employer debt
34AArticle 34 contribution notice: meaning of “material detriment test”
34BArticle 34 contribution notice issued by reference to material detriment test: defence
34CArticle 34 contribution notice: meaning of “employer insolvency test”
34DArticle 34 contribution notice issued by reference to employer insolvency test: defence
34EArticle 34 contribution notice: meaning of “employer resources test”
34FArticle 34 contribution notice issued by reference to employer resources test: defence
35The sum specified in an Article 34 contribution notice
35AArticle 34 contribution notice: transfer of members of the scheme
35BArticle 35A: supplemental
36Content and effect of an Article 34 contribution notice
37Article 34 contribution notice: relationship with employer debt
38Article 34 contribution notice: clearance statements
Offence of failing to comply with an Article 34 contribution notice
38A(1) This Article applies where a contribution notice is issued...
Financial penalty for failure to comply with an Article 34 contribution notice
38B(1) This Article applies where a contribution notice is issued...
Financial support directions
39Financial support directions
39AFinancial support directions: transfer of members of the scheme
39BArticle 39A: supplemental
40Meaning of “service company” and “insufficiently resourced”
41Meaning of “financial support”
42Financial support directions: clearance statements
43Contribution notices where non-compliance with financial support direction
44The sum specified in an Article 43 contribution notice
45Content and effect of an Article 43 contribution notice
46Article 43 contribution notice: relationship with employer debt
47Articles 39 to 46: interpretation
Transactions at an undervalue
48Restoration orders where transactions at an undervalue
49Restoration orders: supplementary
50Content and effect of a restoration order
51Contribution notice where failure to comply with a restoration order
52Content and effect of an Article 51 contribution notice
Articles 34 to 52: partnerships and limited liability partnerships
53Articles 34 to 52: partnerships and limited liability partnerships
Applications under the Insolvency Order
54Regulator's right to apply under Article 367 of the Insolvency Order
Sanctions for avoidance of employer debt etc
Offence of avoidance of employer debt
54A(1) This Article applies in relation to an occupational pension...
Offence of conduct risking accrued scheme benefits
54B(1) This Article applies in relation to an occupational pension...
Financial penalty for avoidance of employer debt
54C(1) This Article applies in relation to an occupational pension...
Financial penalty for conduct risking accrued scheme benefits
54D(1) This Article applies in relation to an occupational pension...
Register of schemes
55Registrable information
56The register: inspection, provision of information and reports etc.
57The register: duties of trustees or managers
58Duty of the Regulator to issue scheme return notices
59Duty of trustees or managers to provide scheme return
60Scheme returns: supplementary
Register of prohibited trustees
61Register of prohibited trustees
62Accessibility of register of prohibited trustees
Collecting information relevant to the Board
63Information relevant to the Board
64Duty to notify the Regulator of certain events
64ADuty to give notices and statements to the Regulator in respect of certain events
Reporting breaches of the law
65Duty to report breaches of the law
Reporting late payment of employer contributions
65ADuty to report late payment of employer contributions
Reports by skilled persons
66Reports by skilled persons
Gathering information
67Provision of information
67AInterviews
68Inspection of premises
69Inspection of premises in respect of employers' obligations
70Inspection of premises: powers of inspectors
71Inspection of premises: supplementary
72Penalties relating to Articles 67 to 70
72AFixed penalty notices
72BEscalating penalty notices
73Warrants
74Articles 67 to 73: interpretation
Provision of false or misleading information
75Offences of providing false or misleading information
Financial penalty for providing false or misleading information to Regulator
75A(1) Article 83A (financial penalties) applies to a person who...
Financial penalty for providing false or misleading information to trustees or managers
75B(1) This Article applies in relation to an occupational pension...
Use of information
76Use of information
Disclosure of information
77Restricted information
78Information supplied to the Regulator by corresponding overseas authorities
79Disclosure for facilitating exercise of functions by the Regulator
80Disclosure for facilitating exercise of functions by the Board
81Disclosure for facilitating exercise of functions by other supervisory authorities
82Other permitted disclosures
83Tax information etc.
Financial penalties
Financial penalties
83A(1) Where the Regulator is satisfied that by reason of...
Financial penalties: time for recovery
83B(1) Paragraph (3) applies where— (a) the Regulator is satisfied...
Financial penalties: recovery
83C(1) A penalty under Article 83A is recoverable by the...
Reports
84Publishing reports etc.
84AReports about misappropriation, etc. in public service pension schemes
Codes of practice
85Codes of practice
85ACodes of practice: public service pension schemes
86Procedure for issue and publication of codes of practice
87Revocation of codes of practice
Exercise of regulatory functions
88The Regulator's procedure in relation to its regulatory functions
89Publication of procedure in relation to regulatory functions
90Application of standard and special procedure
91Standard procedure
92Special procedure: applicable cases
93Special procedure
94Compulsory review
95Duty to have regard to the interests of members etc.
96Powers to vary or revoke orders, notices or directions etc.
References to a tribunal
96AOffences
97References in relation to decisions of the Regulator
98Appeal on a point of law
99Redetermination etc. by the Tribunal
100Disclosure of information
PART IIITHE BOARD OF THE PENSION PROTECTION FUND
CHAPTER 1THE BOARD
General provision about functions
101Board's functions and supplementary powers etc.
Financial matters
102Grants
103Administration levy
103AAdministration levy: interest for late payment
CHAPTER 2INFORMATION RELATING TO EMPLOYER'S INSOLVENCY ETC.
Insolvency events
104Duty to notify insolvency events in respect of employers
105Insolvency event, insolvency date and insolvency practitioner
Status of scheme
106Insolvency practitioner's duty to issue notices confirming status of scheme
107Approval of notices issued under Article 106
Board's duties
108Board's duty where there is a failure to comply with Article 106
109Binding notices confirming status of scheme
CHAPTER 3PENSION PROTECTION
Eligible schemes
110Eligible schemes
Circumstances in which Board assumes responsibility for eligible schemes
111Duty to assume responsibility for schemes following insolvency event
112Duty to assume responsibility for schemes following application or notification
113Applications and notifications for the purposes of Article 112
114Board's duty where application or notification received under Article 113
115Protected liabilities
Restrictions on schemes during the assessment period
116Assessment periods
117Admission of new members, payment of contributions etc.
118Directions
119Restrictions on winding up, discharge of liabilities etc.
120Power to validate contraventions of Article 119
121Board to act as creditor of the employer
122Payment of scheme benefits
123Loans to pay scheme benefits
Ill health pensions
124Reviewable ill health pensions
125Effect of a review
126Articles 124 and 125: interpretation
Valuation of assets and liabilities
127Board's obligation to obtain valuation of assets and protected liabilities
127ADeterminations under Article 127
128Approval of valuation
129Binding valuations
Refusal to assume responsibility
130Schemes which become eligible schemes
131New schemes created to replace existing schemes
132Withdrawal following issue of Article 106(4) notice
Cessation of involvement with a scheme
133Circumstances in which Board ceases to be involved with an eligible scheme
134Consequences of the Board ceasing to be involved with a scheme
Reconsideration
135Application for reconsideration
136Duty to assume responsibility following reconsideration
Closed schemes
137Closed schemes
Winding up
138Requirement to wind up schemes with sufficient assets to meet protected liabilities
Provisions applying to closed schemes
139Treatment of closed schemes
140Valuations of closed schemes
Reconsideration of closed schemes
141Applications and notifications where closed schemes have insufficient assets
142Duty to assume responsibility for closed schemes
143Closed schemes: further assessment periods
Assumption of responsibility for a scheme
144Transfer notice
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
145Effect of Board assuming responsibility for a scheme
146The pension compensation provisions
147Adjustments to be made where the Board assumes responsibility for a scheme
148Postponement of compensation entitlement for the assessment period
149Guaranteed minimum pensions
150Duty to pay scheme benefits unpaid at assessment date etc.
151Modification of Chapter where liabilities discharged during assessment period
152Administration of compensation
Charges in respect of pension sharing etc.
152ACharges in respect of pension sharing etc.
Discharge of Board's liabilities
153Discharge of liabilities in respect of compensation
154Discharge of liabilities in respect of money purchase benefits
Equal treatment
155Equal treatment
Relationship with fraud compensation regime
156Relationship with fraud compensation regime
The levies
157Initial levy
158Pension protection levies
159Supplementary provisions about pension protection levies
160Amounts to be raised by the pension protection levies
161The levy ceiling
162Valuations to determine scheme underfunding
163Pension protection levies during the transitional period
164Calculation, collection and recovery of levies
164APension protection levy: interest for late payment
CHAPTER 4FRAUD COMPENSATION
Entitlement to fraud compensation
165Cases where fraud compensation payments can be made
166Board's duties in respect of certain applications under Article 165
167Recovery of value
168Fraud compensation payments
169Interim payments
170Board's powers to make fraud compensation transfer payments
The levy
171Fraud compensation levy
171AFraud compensation levy: interest for late payment
CHAPTER 5GATHERING INFORMATION
172Information to be provided to the Board etc.
173Notices requiring provision of information
174Entry of premises
175Penalties relating to Articles 173 and 174
176Warrants
Provision of false or misleading information
177Offence of providing false or misleading information to the Board
Use of information
178Use of information
Disclosure of information
179Restricted information
180Disclosure for facilitating exercise of functions by the Board
181Disclosure for facilitating exercise of functions by the Regulator
182Disclosure for facilitating exercise of functions by other supervisory authorities
183Other permitted disclosures
184Tax information
Provision of information to members of schemes etc.
185Provision of information to members of schemes etc.
Interpretation
186Articles 172 to 185: interpretation
Reports
187Publishing reports etc.
CHAPTER 6REVIEWS, APPEALS AND MALADMINISTRATION
Review etc. by the Board
188Meaning of “reviewable matters”
189Review and reconsideration by the Board of reviewable matters
190Investigation by the Board of complaints of maladministration
The PPF Ombudsman
191The PPF Ombudsman
References to the PPF Ombudsman
192Reference of reviewable matter to the PPF Ombudsman
193Investigation by PPF Ombudsman of complaints of maladministration
194Referral of questions of law
195Publishing reports etc.
196Determinations of the PPF Ombudsman
197Obstruction etc. of the PPF Ombudsman
CHAPTER 7MISCELLANEOUS
Backdating the winding up of eligible schemes
198Backdating the winding up of eligible schemes
Pension sharing
199Pension sharing
PART IVSCHEME FUNDING
Introductory
200Pension schemes to which this Part applies
200AFunding and investment strategy
200BStatement of strategy
Scheme funding
201The statutory funding objective
202Statement of funding principles
203Actuarial valuations and reports
204Certification of technical provisions
205Recovery plan
206Schedule of contributions
207Failure to make payments
208Matters requiring agreement of the employer
209Matters on which advice of actuary must be obtained
210Powers of the Regulator
210ARequirements for winding up procedure
Supplementary provisions
211Power to modify provisions of this Part
212Construction as one with the 1995 Order
PART VFINANCIAL PLANNING FOR RETIREMENT
Retirement planning
213Supply of housing benefit information
214Combined pension forecasts
Employee information and advice
215Information and advice to employees
Pensions dashboards
215AQualifying pensions dashboard service
215BQualifying pension dashboard service: further provision
215CArticles 215A and 215B: interpretation
215DInformation from occupational pension schemes
215EInformation from occupational pension schemes: further provision
215FArticles 215D and 215E: interpretation
215GCompliance
PART VIOCCUPATIONAL AND PERSONAL PENSION SCHEMES: MISCELLANEOUS PROVISIONS
Categories of pension scheme
216Categories of pension scheme
217Meaning of employer in Part II of the 1995 Order
Requirements for member-nominated trustees and directors
218Requirement for member-nominated trustees
219Requirement for member-nominated directors of corporate trustees
220Member-nominated trustees and directors: supplementary
Obligations of trustees of occupational pension schemes
221Investment principles
222Power to make regulations governing investment by trustees
223Borrowing by trustees
224Requirement for knowledge and understanding: individual trustees
225Requirement for knowledge and understanding: corporate trustees
225ARequirement for knowledge and understanding: pension boards of public service pension schemes
226Requirement for knowledge and understanding: supplementary
226ARequirement for an effective system of governance
226BRequirement for internal controls: public service pension schemes
Payment of surplus to employer
227Payment of surplus to employer
228Payment of surplus to employer: transitional power to amend scheme
Restrictions on payment into occupational pension schemes
229UK-based scheme to be trust with effective rules
230Non-UK scheme to be trust with UK-resident trustee
231Representative of non-UK scheme to be treated as trustee
Activities of occupational pension schemes
232Activities of occupational pension schemes
No indemnification for fines or civil penalties
233No indemnification for fines or civil penalties
Pension protection on transfer of employment
234Conditions for pension protection
235Form of protection
Consultation by employers
236Consultation by employers: occupational pension schemes
237Consultation by employers: personal pension schemes
238Further provisions about regulations relating to consultation
Modification of pension rights
239Modification of subsisting rights
Short service benefit
240Increase in age at which short service benefit must be payable
Early leavers
241Early leavers: cash transfer sums and contribution refunds
Safeguarding pension rights
242Paternity leave and adoption leave
243Inalienability of occupational pension
Voluntary contributions
244Voluntary contributions
Payments by employers
245Payments made by employers to personal pension schemes
246Payments made by employers and members to occupational pension schemes
Winding up
247Winding up
Deficiency in assets of certain occupational pension schemes
248Debt due from the employer when assets insufficient
249Debt due from the employer in the case of multi-employer schemes
Pension disputes
250Resolution of disputes
The Pensions Ombudsman
251Deputy Pensions Ombudsman
252Jurisdiction
253Investigations
Pension compensation
254Amendments relating to the Pensions Compensation Board
Annual increases in rate of pensions
255Annual increase in rate of certain occupational pensions
256Annual increase in rate of certain personal pensions
257Power to increase pensions giving effect to pension credits etc.
Revaluation
258Exemption from statutory revaluation requirement
Contracting out
259Meaning of “working life” in Pension Schemes Act
260Power to prescribe conditions by reference to Inland Revenue approval
261Restrictions on commutation and age at which benefits may be received
Stakeholder pensions
262Meaning of “stakeholder pension scheme”
PART VIICROSS-BORDER ACTIVITIES WITHIN EUROPEAN UNION
UK occupational pension scheme receiving contributions from European employer
263Occupational pension scheme receiving contributions from European employer
264General authorisation to accept contributions from European employers
265Approval in relation to particular European employer
266Notification of legal requirements of host EEA state outside United Kingdom
267Duty of trustees or managers to act consistently with law of host EEA state
268Power of Regulator to require ring-fencing of assets
268AExemption from enrolment duty under Part 1 of Pensions ( No. 2) Act (Northern Ireland) 2008
European occupational pension scheme receiving contributions from UK employer
269Functions of Regulator in relation to institutions administered in other EEA states
Assistance for other European regulators
270Stopping disposal of assets of institutions administered in other EEA states
Interpretation
271Interpretation of Part
PART VIIISTATE PENSIONS
Entitlement to more than one pension
272Persons entitled to more than one Category B retirement pension
Deferral of state pension
273Deferral of retirement pensions and shared additional pensions
Miscellaneous
274Disclosure of state pension information
PART IXMISCELLANEOUS AND SUPPLEMENTARY
Dissolution of existing bodies – information
275Information obtained by the Regulator
276Information obtained by the Board
Electronic working
277Notification and documents in electronic form
278Timing and location of things done electronically
General
279Overriding requirements
280Modification of this Order in relation to certain categories of schemes
281Modification of pensions legislation that refers to employers
282Admissibility of statements
283Protected items
284Liens
285Crown application
Regulations and orders
286Breach of regulations
287Orders and regulations (general provisions)
288Assembly etc. control of orders and regulations
289Consultations about regulations
Miscellaneous and supplementary
290Minor and consequential amendments
Article 291— Repeals
292Transitional adaptations etc.: section 322(1) of the Pensions Act 2004
293Power to make further provision in connection with civil partnership
294Pre-consolidation amendments
SCHEDULES
SCHEDULE 1THE PENSIONS REGULATOR
PART 1DELEGATION
1(1) Subject to sub-paragraph (2), the Regulator may authorise— (a) any executive member of the...
2(1) The Department may make regulations— (a) limiting the extent...
PART 2FUNDING AND ACCOUNTS
3(1) Section 170 of the Pension Schemes Act (levies towards certain expenditure) is amended as...
SCHEDULE 2THE RESERVED REGULATORY FUNCTIONS
PART 1FUNCTIONS UNDER THE PENSION SCHEMES ACT
1The power by direction under section 95(4) to grant an...
2The power by direction under section 97J(2) to extend the...
3The power under regulations made by virtue of section 164(4)...
3AA power under section 20H (compliance with conditions of conversion...
PART 2FUNCTIONS UNDER THE 1995 ORDER
4The power to make an order under Article 3(1) prohibiting...
5The power to make an order under Article 3(3) revoking...
5AThe power under Article 3A(3) to give a notice waiving...
6The power to make an order under Article 4(1) suspending...
7The power to make an order under Article 4(2) extending...
8The power to make an order under Article 4(5) revoking...
9The power to make an order appointing a trustee under...
10The power under Article 9 to exercise by order the...
11The power to require a person to pay a penalty...
12The power to make an order under Article 11 directing...
13The power to give directions to trustees under Article 15....
13AThe duty under Article 23(4), and regulations made thereunder, to...
14The power under Article 29(5) to give a notice waiving...
15The power under Article 30(2) to exercise by order the...
15AThe power under Article 58(7) to extend or further extend...
15BThe power under Article 60(7) to extend or further extend...
16The power to make an order under Article 67G(2) by...
17The power to make an order under Article 67H(2) prohibiting,...
18The power to make an order under Article 69 authorising...
19The power to make an order under Article 71A modifying...
PART 3FUNCTIONS UNDER THE 1999 ORDER
20The power by direction under Article 4(3)(b) to remove a...
PART 4FUNCTIONS UNDER THIS ORDER
21The power to make or extend a restraining order under...
22The power to make an order under Article 16(10) permitting...
23The power to make a repatriation order under Article 17....
24The power to make a freezing order under Article 19....
25The power to make an order under Article 21(3) extending...
26The power to make an order under Article 22 validating...
27The power to make an order under Article 24 directing...
28The power to make an order under Article 26 giving...
29The power to make an order under Article 27(3) directing...
30The power to issue a contribution notice under Article 34....
30AThe power to issue a direction under Article 35A(6) to...
31The power to issue a direction under Article 37(4) to...
32The power to issue a revised contribution notice under Article...
33The power to issue a financial support direction under Article...
33AThe power to issue a direction under Article 39A(3) to...
34The power to issue a contribution notice under Article 43....
35The power to issue a direction under Article 46(4) to...
36The power to issue a revised contribution notice under Article...
37The power to make a restoration order under Article 48....
38The power to issue a contribution notice under Article 51....
39The power to issue a notice under Article 66 requiring...
40The power to make a direction under Article 71(8) extending...
41The power to make a direction under Article 73(10) extending...
41AThe power to require a person to pay a penalty...
42The power to make an order under Article 210 modifying...
43The power to issue a ring-fencing notice under Article 268....
44The power to vary or revoke under Article 96—
PART 4AFunctions under Part 2 of the Pension Schemes Act 2021
44AThe power to give a direction under section 74(2) (direction...
44BThe power to give a direction under section 80(6) (direction...
44CThe power under section 81 to withdraw authorisation of a...
44DThe power to give a direction under section 92(4) (direction...
44EThe power to make a pause order under section 95....
44FThe power to make an order under paragraph 2(2) of...
44GThe power to make an order under paragraph 3 of...
44HThe power to make an order under paragraph 4(3) of...
PART 4BFunctions Under The Pension Schemes Act (Northern Ireland) 2021
44IThe power to withdraw authorisation of a Master Trust scheme...
44JThe power to give a direction under section 28(4) (direction...
44KThe power to make a pause order under section 31....
44LThe power to make an order under paragraph 2(2) of...
44MThe power to make an order under paragraph 3 of...
44NThe power to make an order under paragraph 4(3) of...
44OTerms used in this Part have the same meaning as...
PART 5OTHER FUNCTIONS
45The power to make an order under regulation 19 of...
SCHEDULE 3RESTRICTED INFORMATION HELD BY THE REGULATOR: CERTAIN PERMITTED DISCLOSURES TO FACILITATE EXERCISE OF FUNCTIONS
SCHEDULE 4THE BOARD OF THE PENSION PROTECTION FUND
1(1) Subject to sub-paragraph (2), the Board may authorise— (a) any executive member of the...
2(1) The Board may make arrangements for any of its functions mentioned in sub-paragraph (2)...
3(1) Where the Board makes arrangements under paragraph 2(1) for any of its functions to...
SCHEDULE 5TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES TO THE BOARD
1This Schedule applies where the property, rights and liabilities of an occupational pension scheme are...
2(1) Subject to sub-paragraph (2), the property, rights and liabilities so transferred include— (a) property,...
3(1 ) Without prejudice to the generality of Article 145 and subject to sub-paragraph (2),...
4The transfer is binding on all persons, even if, apart from this paragraph, it would...
5No person shall have any power, in consequence of the transfer, to terminate or modify...
6Any reference in any agreement, document or instrument of any description to the trustees or...
7(1) The Board must take all such steps as may be required to secure that...
SCHEDULE 6PENSION COMPENSATION PROVISIONS
Introductory
1This Schedule applies for the purposes of determining the compensation...
2In this Schedule references to “the assessment date” are to...
Pensions in payment at assessment date
3(1) Compensation is payable in accordance with this paragraph where,...
4(1) This paragraph applies where— (a) the pensioner dies on...
Pension benefits postponed at assessment date
5(1) Compensation is payable in accordance with this paragraph where...
6(1) This paragraph applies where the postponed pensioner—
7(1) Compensation is payable in accordance with this paragraph where...
Active members over normal pension age at assessment date
8(1) Compensation is payable in accordance with this paragraph where...
9(1) This paragraph applies where the active member dies on...
10(1) Compensation is payable in accordance with this paragraph where...
Active members who have not attained normal pension age at assessment date
11(1) Compensation is payable in accordance with this paragraph where...
12(1) This paragraph applies for the purposes of paragraph 11(4)(b)....
13(1) This paragraph applies where the active member dies on...
14(1) Compensation is payable in accordance with this paragraph where...
Deferred members who have not attained normal pension age at assessment date
15(1) Compensation is payable in accordance with this paragraph where,...
16(1) This paragraph applies for the purposes of paragraph 15(4)(b)....
17(1) This paragraph applies for the purposes of paragraph 15(4)(c)....
18(1) This paragraph applies where— (a) the deferred member dies...
19(1) Compensation is payable in accordance with this paragraph where,...
Compensation in respect of scheme right to transfer payment or contribution refund
20(1) Compensation is payable in accordance with this paragraph where—...
Pension credit members who have not attained normal benefit age at assessment date
21(1) This paragraph applies to a person who—
21A(1) This paragraph applies to a person who—
Survivors who do not meet conditions for scheme benefits at assessment date
22(1) Compensation is payable in accordance with this paragraph where—...
Calculation of compensation on and after 1st January 2024
22A(1) This paragraph applies where— (a) the assessment date falls...
Compensation in form of dependants' benefits
23(1) Regulations may provide for compensation to be payable, in...
Effect of discharge of liability during or immediately before assessment period
23A(1) This paragraph applies if— (a) at any time during...
Commutation of periodic compensation
24(1) In prescribed circumstances, a person entitled to periodic compensation...
Early payment of compensation
25(1) Regulations may prescribe circumstances in which, and conditions subject...
Postponement of compensation
25A(1) Regulations may prescribe circumstances in which, and conditions subject...
Terminal illness lump sum: eligibility
25B(1) This paragraph applies to a person in relation to...
Terminal illness lump sum: application
25CAn application for a terminal illness lump sum—
Terminal illness lump sum: determination of application
25D(1) The Board must determine an application for a terminal...
Terminal illness lump sum: effect of successful application
25E(1) If the Board grants an application for a terminal...
Terminal illness lump sum: information
25F(1) Relevant information held by the Department or the Secretary...
Compensation cap
26(1) Where— (a) a person becomes entitled to relevant compensation...
26A(1) This paragraph gives the meaning of “ the compensation...
Increasing the compensation cap in line with earnings
27Where, pursuant to paragraph 27 of Schedule 7 to the...
Annual increase in periodic compensation
28(1) This paragraph provides for the increases mentioned in sub-paragraph...
Board's powers to alter rates of revaluation and indexation
29(1) The Board may determine what is to be the...
Department's powers to vary percentage paid as compensation
30(1) The Department may, on the recommendation of the Board,...
Special provision in relation to certain pensions in payment before the assessment date
31(1) The powers conferred by this paragraph are exercisable in...
Short periods of service which terminate on commencement of assessment period
32(1) This paragraph applies to a member of the scheme...
Power to modify Schedule in its application to certain schemes
33(1) Where the scheme is a prescribed scheme or a...
Normal pension age
34(1) In this Schedule “normal pension age”, in relation to...
Scheme rules, admissible rules etc.
35(1) In this Schedule, in relation to the scheme, each...
Accrual rate, pensionable service and pensionable earnings
36(1) In this Schedule, in relation to a member's entitlement...
Other definitions
37(1) In this Schedule— “deferred member”, in relation to the...
SCHEDULE 7RESTRICTED INFORMATION HELD BY THE BOARD: CERTAIN PERMITTED DISCLOSURES TO FACILITATE EXERCISE OF FUNCTIONS
SCHEDULE 8REVIEWABLE MATTERS
1The issue of a determination notice under Article 107 approving a notice issued under Article...
2The failure to issue a determination notice under Article 107.
3The issue of, or failure to issue, a notice under Article 106 by the Board...
3AThe issue of, or failure to issue, a validation notice under regulation 2(5) of the...
3BThe provision of information by the Board under— (a) regulation 3(2) of the Pension Protection...
4The issue of, or failure to issue— (a) a scheme failure notice under paragraph (2)...
5Any direction given under paragraph (2) of Article 118 (directions during an assessment period) or...
6The issue of a notice under Article 120(2) (power to validate contraventions of Article 119).
7The making of a loan under Article 123(2) (loans to pay scheme benefits), the amount...
7AAny determination by the Board under Article 125(2) (determination on a review of an ill...
7BA notice under Article 127(2A) (whether Board will make a determination or obtain an actuarial...
7CThe failure by the Board either to— (a) make a determination under Article 127(2)(a), or...
7DA determination by the Board under Article 127(2)(a) (whether condition in Article 111(2)(a) or Article...
9The approval of, or failure to approve, a valuation in respect of an eligible scheme...
10The issue of, or failure to issue, a withdrawal notice under or by virtue of—...
11The issue of, or failure to issue, a withdrawal notice under Article 132 (no insolvency...
12The issue of, or failure to issue, a determination notice under Article 136(3) (whether value...
13The issue of, or failure to issue, a determination notice under Article 137(6) (authorisation to...
14Any direction given under Article 138(7) (directions about winding up of scheme with sufficient assets...
14AA notice under Article 142(3A) (whether Board will make a determination or obtain an actuarial...
14BThe failure by the Board either to— (a) make a determination under Article 142(3)(a), or...
14CA determination by the Board under Article 142(3)(a) (whether condition in Article 142(1) satisfied).
15The failure by the Board to give a transfer notice under Article 144.
16Any determination by the Board of a person's entitlement to compensation under the pension compensation...
16AAny step taken by the Board under Article 147(4)(a) (adjustments to be made where Board...
16BAny determination by the Board, or the failure to make a determination, under regulation 6(2)...
16CAny determination by the Board of a person’s entitlement to compensation under Chapter 1 of...
16DA determination by the Board that any right of a person to PPF compensation is...
16EA determination by the Board that the implementation period for a pension compensation credit (within...
16FThe recovery of a charge from a person under regulation 16 of the Pension Protection...
16GAny determination by the Board, or the failure to make a determination, under regulation 53(1)...
16HAny determination by the Board, or the failure to make a determination, under regulation 54(2)...
16IAny direction given by the Board, or the failure to give a direction, under regulation...
17Any failure by the Board to make a payment required by Article 147(4)(b) (adjustments to...
17AThe making of a payment under Article 150(2) (amount of any pensions or other benefits...
17BAny determination made by the Board under regulation 16(2) or (5)(b) of the Pension Protection...
18Any determination by the Board under Article 164(3)(a) (the eligible schemes in respect of which...
19The amount of the initial levy or any pension protection levy payable in respect of...
19AAny determination by the Board of an application for the grant of a waiver under...
19BAny determination by the Board under regulation 19A(7) or (8) of the Pension Protection Fund...
20The making of a fraud compensation payment under Article 165(1), the amount of any such...
21The issue of, or failure to issue, a notice under Article 166(2) (scheme rescue not...
22Any settlement date determined by the Board under Article 167(2) (recovery of value) or the...
23Any determination by the Board under Article 167(4) (recovery of value: whether amount received in...
24The making of a payment under Article 169(1) (interim payments), the amount of any such...
25Any term or condition imposed by the Board— (a) under Article 168(2) on the making...
26Any determination by the Board under Article 169(3)(b) (interim payments) that the amount of a...
27Any date determined by the Board under Article 170(4) (earliest date for making a fraud...
28Any determination by the Board under Article 170(6) (fraud compensation transfer payments: whether payment is...
29Any determination by the Board under Article 171(7)(a) (occupational pension schemes in respect of which...
30The amount of any fraud compensation levy payable in respect of an occupational pension scheme...
Schedule 9— Amendments
Schedule 10 —Amendments
Schedule 11—Repeals

2005 No. 255 (N.I. 1)

The Pensions (Northern Ireland) Order 2005C4C5

Annotations:
Modifications etc. (not altering text)
C5

Order applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 3 paras. 2, 3 (as amended by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 21(2)(g)(4))

C1

Order: power to modifiy conferred (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 115(2)(e), 118(1)(2)(g)

C3

Order applied (with modifications) (8.2.2011 with application as mentioned in reg. 27(a) of the amending Regulations) by Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), regs. 1, 27(a), Sch. 6 Pt. 1