The Occupational Pension Schemes (Employer Debt) Regulations (Northern Ireland) 2005

Schemes covering United Kingdom and foreign employment

14.—(1) Paragraph (2) shall apply where a scheme which applies to members in employment in the United Kingdom and members in employment outside the United Kingdom is divided into 2 or more sections and the provisions of the scheme are such that –

(a) different sections of the scheme apply to members in employment in the United Kingdom (“the United Kingdom section”) and to members in employment outside the United Kingdom (“the foreign section”);

(b) contributions payable to the scheme in respect of a member are allocated to the section applying to that member’s employment;

(c) a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other section, and

(d) the United Kingdom section meets the tax condition and the foreign section does not do so.

(2) If this paragraph applies –

(a) Article 75 and these Regulations (apart from this regulation) shall apply as if each section of the scheme were a separate scheme, and

(b) the reference to the scheme in the form set out in Schedule 1 may be modified appropriately.

(3) Paragraph (4) shall apply where –

(a) a scheme applies to members in employment in the United Kingdom and members in employment outside the United Kingdom;

(b) paragraph (2) shall not apply to the scheme, and

(c) part of the scheme meets paragraph (b) of the tax condition by virtue of that part having been treated as a separate scheme under section 611(3) of the Taxes Act 1988 that is treated as becoming a registered pension scheme under paragraph 1(1) of Schedule 36 to the Finance Act 2004 by virtue of paragraph 1(2) of that Schedule.

(4) If this paragraph applies –

(a) Article 75 and these Regulations (apart from this regulation) shall apply as if the approved and unapproved parts of the scheme were separate schemes, and

(b) the reference to the scheme in the form set out in Schedule 1 may be modified appropriately.

(5) Paragraph (6) shall apply where –

(a) a scheme has been such a scheme as is mentioned in paragraph (1) or (3);

(b) the scheme is divided into 2 or more sections, some or all of which apply only to members who are not in pensionable service under the section;

(c) the provisions of the scheme have not been amended so as to prevent the conditions in paragraph (1) or, as the case may be, paragraph (3) being met in relation to 2 or more sections, and

(d) in relation to one or more sections of the scheme those conditions have ceased to be met at any time by reason only of there being no members in pensionable service under the section and, in the case of paragraph (1), no contributions which are to be allocated to it.

(6) If this paragraph applies –

(a) Article 75 and these Regulations (apart from this regulation) shall apply as if any section in relation to which those conditions have ceased to be met were a separate scheme, and

(b) the reference to the scheme in the form set out in Schedule 1 may be modified appropriately.

(7) Before 6th April 2006 paragraph (3) shall apply with the substitution for sub-paragraph (c) of the following paragraph –

“(c) part of the scheme meets paragraph (a) of the tax condition by virtue of section 611(3) of the Taxes Act 1988.”.