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

Schemes to which Article 75 does not apply N.I.

4.—(1) Article 75 shall not apply to any scheme which is –

(a) a public service pension scheme 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);

(b) a scheme which is made under Article 9 of the Superannuation (Northern Ireland) Order 1972(1) (superannuation of persons employed in local government service, etc.) and provides pensions to persons mentioned in paragraph (1)(a) of that Article;

(c) a scheme which is established under section 48 of the Northern Ireland Act 1998(2) (pensions of members), or which was established under Part II of the Ministerial Salaries and Member’s Pensions Act (Northern Ireland) 1965(3) or Article 3 of the Assembly Pensions (Northern Ireland) Order 1976(4);

(d) a scheme in respect of which a relevant public authority, as defined in Article 280(4) of the 2005 Order, 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;

(e) a scheme which does not meet the tax condition;

(f) a scheme which –

(i) has been categorised by the Commissioners of Inland Revenue for the purposes of its approval as a centralised scheme for non-associated employers;

(ii) which is not contracted-out, and

(iii) under the provisions of which the only benefits that may be provided on or after retirement (other than money purchase benefits derived from the payment of voluntary contributions by any person) are lump sum benefits which are not calculated by reference to a member’s salary;

(g) a scheme with such a superannuation fund as is mentioned in section 615(6) of the Taxes Act 1988 (fund established to provide superannuation benefits in respect of persons' employment in a trade or undertaking wholly outside the United Kingdom);

(h) a scheme with fewer than 2 members;

(i) a scheme with fewer than 12 members where all the members are trustees of the scheme and either –

(i) the rules of the scheme provide that all decisions are made only by the trustees who are members of the scheme by unanimous agreement, or

(ii) the scheme has a trustee who is independent in relation to the scheme for the purposes of Article 23(5) (power to appoint independent trustees) (see Article 23(3)) and is registered in the register maintained by the Authority in accordance with regulations made under Article 23(4);

(j) a scheme with fewer than 12 members where all the members are directors of a company which is the sole trustee of the scheme and either –

(i) the rules of the scheme provide that all decisions are made only by the members of the scheme by unanimous agreement, or

(ii) one of the directors of the company is independent in relation to the scheme for the purposes of Article 23 and is registered in the register maintained by the Authority in accordance with regulations made under Article 23(4), or

(k) the scheme established by the Salvation Army Act 1963(6).

(2) Before 6th April 2006 –

(a) paragraph (1)(e) shall apply with the addition at the end of the words “and is not a relevant statutory scheme providing relevant benefits”, and

(b) for the purposes of that paragraph “relevant statutory scheme” and “relevant benefits” have the same meaning as in Chapter I of Part XIV of the Taxes Act 1988 (see sections 611A(7) and 612(1) of that Act).

Commencement Information

I1 Reg. 4 in operation at 6.4.2005, see reg.1(1)

(1)

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

(2)

1998 c. 47

(3)

1965 c. 18 (N.I.)

(4)

S.I. 1976/1779

(5)

Article 23 is substituted by Article 32(3) of the Pensions (Northern Ireland) Order 2005

(6)

1963 c. xxxii

(7)

Section 611A was inserted by paragraph 15 of Schedule 6 to the Finance Act 1989 (c. 26)