The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996

Part IPreliminary

1Citation, commencement and interpretation

Part IICertification of Employments

2Making of elections for the issue of contracting-out certificates

3Notices by employers of intended election

4Consultation with trade unions

5Time for making an election

6Information to be included in an election

7Amendment of an election

8Issue of contracting-out certificates

9Making of elections by employers for the variation or surrender of contracting-out certificates

10Special provision with regard to elections for the issue, variation or surrender of certificates where the employment remains contracted out

11Special circumstances in which the Department may determine earners to have been in contracted-out employment

12Special provision for holding companies and subsidiaries

13Special provision for public service pension schemes

14Special provision for holders of pensionable judicial office

15Further information and change of circumstances

16Requirement to confirm relevant requirements are satisfied

Part IIISalary Related Contracted-out Schemes

17Further contracting-out conditions for salary related contracted-out schemes

18Requirement as to resources of the scheme

19Lump sum benefits and salary related contracted-out schemes

20Trivial commutation of benefits derived from section 5(2B) rights

21Payable age in salary related contracted-out schemes

22Each part of scheme to comply with section 8A of the Act

23Requirements for meeting the statutory standard

24Circumstances when actuary other than actuary appointed under Article 47 of the Order may certify broad equivalence

25Requirements for a reference scheme

26Reference scheme: circumstances in which widows' or widowers' pensions need not be payable

27Modification applying to public service pension schemes

28Service in a salary related contracted-out scheme that does not qualify for further benefits

29Schemes which cannot be certified under section 5(2B) of the Act

Part IVMoney Purchase Contracted-out Schemes

30Further contracting-out requirements for money purchase contracted-out schemes

31Deduction of minimum payments from earnings

32Minimum payments to be made by employers to trustees

33Calculation of minimum payments

34Manner of calculation or estimation of earnings

35Manner of payment of the age-related payment

36Verification of age

37Circumstances in which the age-related payments are not to be paid

38Adjustment of the amount of age-related payment

39Circumstances in which schemes may change mode of contracting out

40Schemes which may not be contracted out under section 5(3) of the Act

Part VFurther Requirements (all Schemes) and Overseas Schemes

41Provision of information as to resources

42Alteration of rules of contracted-out schemes

43Termination of periods of contracted-out employment

44Notifications to the Department

45Approval of arrangements for schemes ceasing to be contracted out

46Supervision of schemes that have ceased to contract out

47Circumstances in which the Department may vary or cancel a contracting-out certificate

48Special provision for overseas schemes

Part VIRestoration of State Scheme Rights

49Insolvent schemes

50Member to be informed of the option to restore state scheme rights

51Election to pay contributions equivalent premium

52Payment of a contributions equivalent premium

53Payment in lieu of benefit and delay in refund for the purposes of employer’s right of recovery

54Refund of a contributions equivalent premium

Part VIIGuaranteed Minimum Pensions

55Scheme rules about guaranteed minimum pensions

56Special provision for revaluation of guaranteed minimum pensions secured by insurance policies or annuity contracts

57Circumstances in which widower’s guaranteed minimum pension is to be payable

58Period for which widower’s guaranteed minimum pension is to be payable

59Statutory references to persons entitled to guaranteed minimum pensions — application to widowers

60Trivial commutation of guaranteed minimum pensions

61Suspension and forfeiture of guaranteed minimum pensions

62Fixed rate revaluation of guaranteed minimum pensions for early leavers

63Provision of information about guaranteed minimum pensions

64Meaning of “connected employer”

65Modification of section 12 of the Act

66Circumstances in which the modifications to the Act set out in regulation 65 apply

67Modification of section 47(1) of the Act in relation to revaluation and schemes which have ceased to be contracted out

68Additional modifications relating to transfers and increases of earnings factors by 12 per cent.

69Miscellaneous provisions affecting section 47 of the Act

Part VIIITransitional Arrangements and Savings

70Transitional arrangements for certification of schemes

71Elections for replacement certificates by salary related schemes during transitional period

72Transitional requirements as to sufficiency of resources of salary related schemes

73Transitional arrangements and savings for salary related schemes which have begun winding up before the principal appointed day

74Transitional arrangements in relation to the powers of the Department to approve arrangements for schemes ceasing to contract out before the principal appointed day

75Transitional modifications to sections 31 and 32 of the Act

76Prevention of recovery by employers of Class 1 contributions where certificate cancelled under section 32(3) of the Act

77Transitional arrangements for schemes contracted out under section 5(2) of the Act to become contracted out under section 5(3) of the Act

78Savings in respect of State Scheme Premiums

Part IXRevocations

SCHEDULE 1PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

SCHEDULE 2REVOCATIONS

1996 No. 493

PENSIONS

The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996

Made16th October 1996

Coming into operation6th April 1997

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by the provisions set out in Schedule 1 and of all other powers enabling it in that behalf, hereby makes the following Regulations: