The Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997

Availability and content of annual report

6.—(1) Subject to paragraph (2), the trustees of any scheme shall, in relation to, and not more than 7 months after the end of, each scheme year which ends on or after 6th April 1997, make available a document which contains—

(a) a copy of the audited accounts and the auditor’s statement where required by regulations made under Article 41(1) and (2)(a) and (b) for the scheme year to which the document relates;

(b) a copy of the latest actuarial statement (whether or not a revised statement) where required by regulations made under Article 41(1) and (2)(c);

(c) where Article 56 applies to the scheme, a copy of the latest certificate obtained in accordance with regulations made under Article 57(1)(b); and

(d) other information, consisting of or including the information specified in Schedule 3, so far as it applies to the scheme,

to the persons and trade unions, in the circumstances and in the manner specified in paragraphs (3), (4) and (6).

(2) The requirements of this regulation do not apply to a public service pension scheme—

(a) under the provisions of which there is no requirement for assets related to the intended rate or amount of benefit under the scheme to be set aside in advance (disregarding requirements relating to voluntary contributions); or

(b) which is made under Article 9 of the Superannuation (Northern Ireland) Order 1972(1) (superannuation of persons employed in local government service, etc.) or which is established under Part II of the Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965(2) or Article 3 of the Assembly Pensions (Northern Ireland) Order 1976(3).

(3) A copy of the latest such document as is mentioned in paragraph (1) shall be furnished free of charge on request (not being a second or subsequent request by the same person or, as the case may be, trade union, for a copy of the same document) to any person or trade union in the categories specified in paragraph (6) within 2 months of the request being made.

(4) A copy of any such document as is mentioned in paragraph (1), being neither the latest nor one which relates to a scheme year which ended more than 5 years previously, shall, within 2 months of a request being made by a person or trade union in the categories specified in paragraph (6)—

(a) be made available free of charge for inspection at a place which is reasonable having regard to the circumstances of the request and of the person who or trade union which made it; or, at their option,

(b) be furnished to such person or trade union, and where a charge is levied it shall not exceed the expense incurred in copying, posting and packing such copy.

(5) In the case of a scheme year ending before 6th April 1997, a reference to such document as is mentioned in paragraph (1) shall, except in relation to regulation 11(2) (penalties), be deemed to include copies of a document made available by the trustees under regulation 9 of the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1986(4).

(6) The categories of persons and trade unions mentioned in paragraphs (3) and (4) are—

(a) members and prospective members of the scheme;

(b) spouses of members and of prospective members of the scheme;

(c) beneficiaries under the scheme;

(d) independent trade unions recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme.

(7) When a copy of a document is furnished in accordance with paragraph (3) or (4), it shall be accompanied by a written statement that further information about the scheme is available, giving the address to which enquiries about it should be sent.

(1)

S.I. 1972/1073 (N.I. 10)

(2)

1965 c. 18 (N.I.)

(3)

S.I. 1976/1779

(4)

S.R. 1986 No. 225; relevant amending regulations are S.R. 1987 No. 283, S.R. 1988 No. 109 and S.R. 1992 Nos. 47 and 304