The Occupational and Personal Pension Schemes (Contracting-out) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002

Citation and commencement

1.—(1) These Regulations may be cited as the Occupational and Personal Pension Schemes (Contracting-out) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 and shall come into operation on 6th April 2002.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Occupational Pension Schemes (Contracting-out) Regulations

2.—(1) The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996(2) shall be amended in accordance with paragraphs (2) to (16).

(2) In regulation 3(2)(3) (notices by employers of intended election)—

(a) sub-paragraph (c) shall be omitted, and

(b) in sub-paragraph (g)—

(i) after head (i) there shall be inserted “and”, and

(ii) head (iii) shall be omitted.

(3) In regulation 6(2)(4) (information to be included in an election) sub-paragraphs (e) and (f) shall be omitted.

(4) In regulation 9(5) (making of elections by employers for variation or surrender of contracting-out certificates) for paragraph (1) there shall be substituted the following paragraph—

“(1) Subject to paragraphs (2), (3) and (7) and regulation 10, an election with a view to the variation or surrender of a contracting-out certificate—

(a) may be made only after notices of intention have been given in accordance with paragraphs (4) and (5), and

(b) shall be made in writing to the Inland Revenue.”.

(5) In regulation 16(1) (requirement to confirm relevant requirements are satisfied) for “written confirmation and such” there shall be substituted “such written confirmation and any”.

(6) In regulation 18(2) (requirement as to resources of the scheme) after “apply” (in the second place where it occurs) there shall be added “or to any scheme in respect of which any Minister of the Crown or government department has given a guarantee, or made any other arrangements, for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities”.

(7) For regulation 19 (lump sum benefits and salary related contracted-out schemes) there shall be substituted the following regulation—

“Lump sum benefits and salary related contracted-out schemes

19.   A salary related contracted-out scheme may not provide for the payment of a lump sum instead of a pension except—

(a) in accordance with—

(i) regulation 20(6) (trivial commutation of benefits derived from section 5(2B) rights), or

(ii) regulation 60(7) (trivial commutation of guaranteed minimum pensions), or

(b) to the extent permitted—

(i) in the case of a scheme which is exempt approved within the meaning of section 592(1) of the Taxes Act or a scheme in respect of which an application for such approval has not yet been determined, under the rules of that scheme in accordance with that approval, or

(ii) in the case of a scheme which is a relevant statutory scheme within the meaning of section 611A of the Taxes Act(8), under the regulations or rules governing that scheme as a relevant statutory scheme.”.

(8) In regulation 20 (trivial commutation of benefits derived from section 5(2B) rights)—

(a) the words from “For the purposes” to “commutation.” shall be numbered as paragraph (1) of that regulation, and

(b) after that paragraph there shall be added the following paragraphs—

“(2) The condition specified in paragraph (1)(a) shall not apply where—

(a) the scheme is being wound up, or

(b) where the earner is a member of more than one scheme relating to the same employment, both or all of those schemes are being wound up,

but paragraph (3) shall apply instead.

(3) Where this paragraph applies, the aggregate amount of benefit which has accrued to the earner at the date of winding up shall be treated for the purposes of paragraph (1)(b) as the amount of all benefits payable to him under the scheme.”.

(9) After regulation 20 there shall be inserted the following regulation—

“Suspension of section 5(2B) rights

20A.— (1) In so far as a person’s accrued rights under an occupational pension scheme are section 5(2B) rights(9), the circumstances specified in paragraph (2) are prescribed for the purposes of Article 90(6) of the Order (forfeiture, etc.).

(2) The circumstances referred to in paragraph (1) are that—

(a) the person entitled to payments giving effect to those rights is, in the opinion of the trustees of the scheme, unable to act by reason of mental disorder, and

(b) there is provision in the scheme which requires that, while the person is so unable to act, amounts equivalent to those payments—

(i) must, except in so far as such amounts are not, in the opinion of the trustees, required for the maintenance of the pensioner, be paid or applied for his maintenance;

(ii) may, in so far as such amounts are not, in the opinion of the trustees, required for the maintenance of the pensioner, be paid or applied for the maintenance of any dependants of the pensioner;

(iii) must, in so far as such amounts are not, in the opinion of the trustees, required for the maintenance of the pensioner or of any dependant of his, be held by the trustees for the pensioner until he is again able to act or, if he should die before that happens, for his estate.”.

(10) In regulation 23(10) (requirements for meeting the statutory standard)—

(a) after paragraph (e) the word “and” shall be omitted, and

(b) after paragraph (f) there shall be added—

“and

(g) must take no account of any provision made by the scheme for the suspension, in the circumstances specified in regulation 20A(2), of benefits derived from section 5(2B) rights.”.

(11) In regulation 31 (deduction of minimum payments from earnings)—

(a) in paragraph (1) for “Every” there shall be substituted “Subject to paragraph (3A), every”;

(b) in paragraph (3) for “paragraph (4)” there shall be substituted “paragraphs (3A) and (4)”, and

(c) after paragraph (3) there shall be inserted the following paragraph—

“(3A) Where the payment of emoluments in respect of which minimum payments are payable does not exceed the amount specified in regulations under section 5 of the Contributions and Benefits Act(11) (earnings limits and thresholds for Class 1 contributions) as the primary threshold for the purposes of that Act (or the amount which is, in relation to that payment of emoluments, the amount prescribed under that section as the equivalent of that threshold) no amount shall be deducted from those emoluments under this regulation.”.

(12) In regulation 60(4) (trivial commutation of guaranteed minimum pensions)—

(a) after “under Part VI” there shall be inserted “or the scheme has made the provisions mentioned in section 12(2) and (3) of the Act(12)”;

(b) in sub-paragraph (a) for “or in either case” there shall be substituted “or, in a case where that section 12(2) and (3) applies,”, and

(c) in sub-paragraph (c) after “premium” there shall be added “or have made the provisions mentioned in section 12(2) and (3) of the Act”.

(13) In regulation 61(1)(a) (suspension and forfeiture of guaranteed minimum pension)—

(a) the words “or otherwise” shall be omitted, and

(b) for the words from “for amounts equivalent” to the end there shall be substituted

“which requires that, in those circumstances, amounts equivalent to the guaranteed minimum pension—

(i) must, except in so far as such amounts are not, in the opinion of the trustees, required for the maintenance of the pensioner, be paid or applied for his maintenance;

(ii) may, in so far as such amounts are not, in the opinion of the trustees, required for the maintenance of the pensioner, be paid or applied for the maintenance of any dependants of the pensioner;

(iii) must, in so far as such amounts are not, in the opinion of the trustees, required for the maintenance of the pensioner or of any dependant of his, be held by the trustees for the pensioner until he is again able to act or, if he should die before that happens, for his estate”.

(14) In regulation 62(2) (fixed rate revaluation of guaranteed minimum pensions for early leavers)—

(a) in sub-paragraph (d) for “, 6.25 per cent. compound.” there shall be substituted “but before 6th April 2002, 6.25 per cent. compound;”, and

(b) after that sub-paragraph there shall be added the following sub-paragraph—

“(e) where that period of service terminates on or after 6th April 2002, 4.5 per cent. compound.”.

(15) In regulation 63 (provision of information about guaranteed minimum pensions)—

(a) in paragraph (1) for the words from “The prescribed” to “that section)” there shall be substituted the following—

“As respects any occupational pension scheme, the persons prescribed for the purposes of section 152(2) of the Act(13) (information for purposes of contracting-out) are”, and

(b) in paragraph (2) after sub-paragraph (a), but before the word “or” there shall be inserted—

“(aa) whether the scheme is liable in respect of any section 5(2B) rights, protected rights or safeguarded rights;”.

(16) In regulation 72(14) (transitional requirements as to sufficiency of resources of salary related schemes)—

(a) in paragraph (1)—

(i) the words “of 10 years” shall be omitted, and

(ii) for the words from “or such longer” to “class of case” there shall be substituted “and ending with the date of first certification”;

(b) after paragraph (1) there shall be inserted the following paragraph—

“(1A) In paragraph (1), the date of first certification means the first occasion on which the actuary to the scheme certifies the rates of contributions shown in a schedule of contributions for the scheme for the purposes of Article 58 of the Order(15) (schedules of contributions).”, and

(c) in paragraph (6) after “apply” (in the second place where it appears) there shall be added “, or to any scheme in respect of which any Minister of the Crown or government department has given a guarantee, or made any other arrangements, for the purposes of securing that the assets of the scheme are sufficient to meet its liabilities”.

Amendment of the Protected Rights (Transfer Payment) Regulations

3.—(1) The Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1996(16) shall be amended in accordance with paragraphs (2) and (3).

(2) After regulation 4 (transfer payments to salary related contracted-out schemes) there shall be inserted the following regulation—

“Transfer payments to section 49 schemes

4A.— (1) A transfer payment may be made to a section 49 scheme in the circumstances specified in paragraph (2) and subject to the conditions specified in paragraph (3).

(2) The circumstances referred to in paragraph (1) are that—

(a) the member consents in writing to the making of the transfer payment, and

(b) either—

(i) the member has entered employment with an employer who is or was a contributor to the section 49 scheme, or

(ii) the member was previously a member of the receiving scheme.

(3) The conditions referred to in paragraph (1) are that—

(a) the transfer payment (whether or not it forms part of a larger payment giving effect to both protected and other rights) is of an amount at least equal to the value of the protected rights to which effect is being given, and

(b) the transfer payment is approved by the Inland Revenue, whether or not subject to conditions.

(4) In this regulation “section 49 scheme” means an occupational pension scheme which was formerly a contracted-out scheme and which the Inland Revenue are under a duty to supervise in accordance with section 49 of the 1993 Act(17).”.

(3) In regulation 5 (transfer payments to overseas schemes)—

(a) after “overseas scheme” there shall be inserted “or an overseas arrangement”;

(b) in paragraph (b) for the words from “and has entered” to the end there shall be substituted “and, where the transfer payment is to be made to an overseas scheme, has entered employment to which that scheme applies”;

(c) in paragraph (d) after “the scheme” there shall be inserted “or arrangement”, and

(d) in paragraphs (d) and (e) after “receiving scheme” there shall be inserted “or arrangement”.

Amendment of the Occupational Pension Schemes (Investment) Regulations

4.  In regulation 2(1)(a)(i) of the Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 1996(18) (schemes to which regulation 5 applies) after “Chapter I” there shall be inserted “or Chapter IV”.

Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations

5.—(1) The Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 1997(19) shall be amended in accordance with paragraphs (2) to (7).

(2) In regulation 4(2) (conditions applying to pensions and annuities which give effect to protected rights) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“(b) except where, in the case of an unmarried member, the member has agreed to the rate being determined on his or her life only, on the basis that the member will, in the event of his or her death, leave a widow or widower.”.

(3) For regulation 5 (circumstances in which and periods for which pension or annuity is to be paid to widow or widower after being paid to member) there shall be substituted the following regulation—

“Circumstances in which and period for which pension or annuity is to be paid to widow or widower after being paid to member

5.— (1) For the purposes of section 25(1)(b)(i)(20) (the pension or annuity requirements)—

(a) the prescribed circumstances are that the rate of the pension or annuity paid to the member has not, by virtue of regulation 4(2)(b), been determined by reference to his or her life only, and

(b) the prescribed period is, subject to paragraph (2), the remainder of the widow’s or widower’s life.

(2) There is excluded from the period prescribed in paragraph (1)(b) any period after the widow’s or widower’s remarriage under pensionable age.”.

(4) In regulation 7 for paragraph (2) (payments made under interim arrangements) there shall be substituted the following paragraph—

“(2) For the purposes of section 24A(5)(a)(21) (requirements for interim arrangements) the prescribed manner is—

(a) in the case of payments to be made to a member who is married on the relevant reference date by reference to the current published table prepared by the Government Actuary in accordance with regulations 7(3)(a) and (d) of the Protected Rights Regulations(22);

(b) in the case of payments to be made to a member who is unmarried on the relevant reference date by reference to the current published table prepared by the Government Actuary in accordance with regulation 7(3)(b) and (d) of the Protected Rights Regulations;

(c) in the case of payments to be made to a widow or widower by reference to the current published table prepared by the Government Actuary in accordance with regulation 7(3)(c) and (d) of the Protected Rights Regulations.”.

(5) In regulation 9(1)(a) (suspension and forfeiture of payments giving effect to protected rights)—

(a) the words “or otherwise” shall be omitted, and

(b) for the words from “, so however” to the end there shall be substituted

“and that there is provision in the scheme which requires that, in those circumstances, sums equivalent to such payments—

(i) must, except in so far as such sums are not, in the opinion of the trustees or managers, required for the maintenance of the pensioner, be paid or applied for his maintenance;

(ii) may, in so far as such sums are not, in the opinion of the trustees or managers, required for the maintenance of the pensioner, be paid or applied for the maintenance of any dependants of the pensioner;

(iii) must, in so far as such sums are not, in the opinion of the trustees or managers, required for the maintenance of the pensioner or of any dependant of his, be held by the trustees or managers for the pensioner until he is again able to act or, if he should die before that happens, for his estate”.

(6) In regulation 12 (death of scheme member before effect given to his protected rights)—

(a) paragraph (1) shall be omitted;

(b) in paragraphs (2), (3), (5), (9), (11) and (14), for “qualifying widow or widower” in each place where it occurs, there shall be substituted “widow or widower”, and

(c) in paragraphs (5) and (9), sub-paragraph (c), and the word “or” immediately preceding it, shall be omitted.

(7) In regulation 13 (death before effect given to protected rights: interim arrangements for widow or widower)—

(a) in paragraph (1) for the words from “survived by” to “effect” there shall be substituted “survived by a widow or widower, effect”, and

(b) paragraph (3) shall be omitted.

Amendment of the Occupational Pension Schemes (Modification of Schemes) Regulations

6.  In regulation 6(1) of the Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 1997(23) after sub-paragraph (d) there shall be inserted the following sub-paragraph—

“(da) any alteration to scheme rules to enable the scheme, with the agreement of the member in question, to provide any pension or purchase any annuity in respect of protected rights the rate of which is not determined on the basis that the member will, in the event of his or her death, leave a widow or widower;”.

Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations

7.  After regulation 6 of the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997(24) (requirement to give the Department information) there shall be inserted the following regulation—

“Provision of information for purposes of contracting-out

6A.   As respects any personal pension scheme, the persons prescribed for the purposes of section 152(2)(25) (information for purposes of contracting-out) are—

(a) the earner or the widow or widower to whom the information relates, and

(b) any person who is, or who in the opinion of the Department(26) or, as the case may be, the Inland Revenue is likely to become, the person responsible for making payments derived from the protected rights.”.

Amendment of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations

8.  In regulation 2 of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations (Northern Ireland) 1997(27) (commutation of a pension under an occupational pension scheme) after paragraph (1) there shall be inserted the following paragraph—

“(1A) There are also prescribed for the purposes of Article 89(5)(c)(iii)(28) the circumstances where—

(a) the rights of the member consist only of rights derived from equivalent pension benefits under Part III of the National Insurance Act (Northern Ireland) 1966(29), and

(b) the member has consented to the commutation.”.

Sealed with the Official Seal of the Department for Social Development on 14th March 2002.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development