The Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations (Northern Ireland) 1997

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations (Northern Ireland) 1997 and shall come into operation on 6th April 1997.

(2) In these Regulations—

“the Contracting-out Regulations” means the Occupational Pensions Schemes (Contracting-out) Regulations (Northern Ireland) 1996(1);

“mixed benefit contracted-out scheme” means a scheme which is contracted-out by virtue of its being a relevant scheme;

“the principal appointed day” has the meaning given to that expression by section 3(2B)(2);

“relevant scheme” means a scheme to which Article 146(1) applies;

“section 5(2B) rights” has the same meaning as in the Contracting-out Regulations.

(3) A relevant scheme is to be treated for the purposes of these Regulations as if the pensions provided by the scheme falling within Article 146(1)(a), and the pensions provided by the scheme falling within Article 146(1)(b), were provided by separate parts of the scheme; and references in these Regulations to a separate part of such a scheme are to be read accordingly.

(4) In these Regulations any reference to the salary related part or the money purchase part of a relevant scheme is a reference to the separate part providing such pensions as are referred to in sub-paragraphs (a) and (b) respectively of Article 146(1).

(5) For the purposes of these Regulations a separate part of a relevant scheme is inactive if—

(a) any member has accrued rights by reference to that part; and

(b) no further benefits may accrue in respect of any member’s service by reference to that part.

(6) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954(3), where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

(7) In these Regulations—

(a) any reference to a numbered section is a reference to the section of the Pension Schemes Act bearing that number; and

(b) any reference to a numbered Article is a reference to the Article of the Pensions (Northern Ireland) Order 1995 bearing that number.

(1)

S.R. 1996 No. 493

(2)

Section 3(2B) was inserted by Article 133(1) of the Pensions (Northern Ireland) Order 1995

(3)

1954 c. 33 (N.I.)