The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011

PART 3 N.I. Supply of information about pension compensation in relation to divorce etc.

Basic information about pension compensation and divorce or dissolution of a civil partnership N.I.

3.—(1) The requirements imposed on the Board for the purposes of section 96(1)(a) (supply of information about pension compensation in relation to divorce etc.) are that the Board must supply—

(a) on request from a member, the information specified in paragraphs (2) and (3)(b) and (c);

(b) on request from the spouse or civil partner of the member, the information specified in paragraph (3), and

(c) pursuant to an order of the court, the information specified in paragraph (2), (3), or (4),

to the member, the spouse or civil partner of the member, or, as the case may be, to the court.

(2) The information specified in this paragraph is a valuation of the member’s rights to PPF compensation and (if not the same as the member’s rights to PPF compensation) a valuation of the member’s rights to relevant compensation.

(3) The information specified in this paragraph is—

(a) a statement that on request from the member, or pursuant to an order of the court, a valuation of the member’s rights to PPF compensation and to relevant compensation (if not the same as the member’s rights to PPF compensation), will be supplied to the member, or, as the case may be, to the court;

(b) a statement summarising the way in which the valuations referred to in paragraph (2) and sub-paragraph (a) are calculated;

(c) a schedule of the charges that the Board will impose in accordance with regulation 16, and the method by which those charges may be recovered;

(d) a statement that a person entitled to a pension compensation credit against the Board will be entitled to periodic compensation calculated in accordance with Schedule 4 (pension compensation payable on discharge of pension compensation credit).

(4) The information specified in this paragraph is any other information about the calculation and payment of PPF compensation relevant to any power exercisable under the provisions specified in section 96(1)(a).

(5) Where the member’s request or the court order for the provision of information includes a request or an order for provision of a valuation under paragraph (2), the Board must supply all the information in that request or order within—

(a) 3 months, beginning with the day that the Board receives the request or order for the provision of information;

(b) 6 weeks, beginning with the day that the Board receives the request or order for the provision of information, where the member or the court has notified the Board on the date of the request or order that the information is needed in connection with proceedings commenced under any of the provisions specified in section 96(1)(a), or

(c) any shorter period where the court specifies such a period in an order requiring the Board to supply a valuation in accordance with paragraph (2).

(6) Where—

(a) the member’s request or the court order for supply of information does not include a request or an order for provision of a valuation under paragraph (2), or

(b) the member’s spouse or civil partner requests the information specified in paragraph (3),

the Board must supply that information within one month beginning with the day that the Board receives the request or the court order for the provision of the information.

Commencement Information

I1 Reg. 3 in operation at 6.4.2011, see reg. 1(1)

Valuation of relevant compensation for the purposes of an application for financial relief or financial provision N.I.

4.—(1) Where the Board is notified that—

(a) an application for financial relief or financial provision under any of the provisions specified in section 96(1)(a) (supply of information about pension compensation in relation to divorce etc.) has been made or is in contemplation, or

(b) a qualifying agreement containing provision corresponding to provision which may be made by an order under section 8 of the Family Law (Scotland) Act 1985(1) (orders for financial provision) is to be made or is in contemplation,

the value of the PPF compensation or relevant compensation to which the member is entitled or will become entitled must be calculated and verified for the purposes of section 96(1)(b), or of regulation 3(2), in accordance with paragraphs (2) and (3).

(2) The value of the PPF compensation or relevant compensation is the cash equivalent of the amount that would be required to make provision for the member’s entitlement to PPF compensation or relevant compensation under the pension compensation provisions.

(3) The cash equivalent of the PPF compensation or relevant compensation must be calculated and verified—

(a) in accordance with actuarial assumptions approved by the Board, and

(b) on the assumption that the date on which the valuation is carried out is the date that the Board received the request for the valuation.

Commencement Information

I2 Reg. 4 in operation at 6.4.2011, see reg. 1(1)

Provision of information in response to a notification that a pension compensation sharing order etc. may be made N.I.

5.—(1) On a direction from the court or a request from the member, the Board must supply the information specified in paragraph (2) to the member or to the court, as the case may be—

(a) within 21 days beginning with the day that the Board received the notification that a pension compensation sharing order, a pension compensation attachment order, or a qualifying agreement containing provision equivalent to such orders, may be made, or

(b) if the court has specified a date which is before or after the 21 day period specified in sub-paragraph (a), by that date.

(2) The information referred to in paragraph (1) is—

(a) the full name and address of the person to whom any order or provision specified in section 88 (activation of pension compensation sharing) should be sent;

(b) whether the Board is aware that the member’s rights to PPF compensation are subject to any, and if so, which, of the following—

(i) any order or provision specified in section 88;

(ii) any order or provision specified in Article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999)(2) (activation of pension sharing);

(iii) an order under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978(3) (financial provision orders in connection with divorce proceedings, etc.), which includes provision made by virtue of Article 27B(4) (pensions) or 27C (pensions: lump sums) of that Order;

(iv) an order under Part 1 of Schedule 15 to the Civil Partnership Act 2004(5) (financial provision in connection with dissolution, nullity or separation), which includes provision made by virtue of Part 5(6) of that Schedule (making of Part 1 orders having regard to pension benefits);

(v) an order under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978, which includes provision made by virtue of Article 27F(7) of that Order (attachment of pension compensation);

(vi) an order under Part 1 of Schedule 15 to the Civil Partnership Act 2004, which includes provision made by virtue of paragraph 29A(8) of Part 6 of that Schedule (attachment of PPF compensation);

(vii) an order under section 23 of the Matrimonial Causes Act 1973(9) (financial provision orders in connection with divorce proceedings, etc.), which includes provision made by virtue of section 25B(10) (pensions) or 25C (pensions: lump sums) of that Act;

(viii) an order under Part 1 of Schedule 5 to the Civil Partnership Act 2004 (financial provision in connection with dissolution, nullity or separation), which includes provision made by virtue of Part 6 of that Schedule (making of Part 1 orders having regard to pension benefits);

(ix) an order under section 23 of the Matrimonial Causes Act 1973, which includes provision made by virtue of section 25F(11) of that Act (attachment of pension compensation);

(x) an order under Part 1 of Schedule 5 to the Civil Partnership Act 2004, which includes provision made by virtue of paragraph 34A(12) of Part 7 of that Schedule (attachment of PPF compensation);

(xi) an order under section 8 of the Family Law (Scotland) Act 1985 (orders for financial provision), which includes provision made by virtue of section 12A(2) or (3)(13) (orders for payment of capital sum: pensions lump sums) or 12B(14) (order for payment of capital sum: pension compensation) of that Act;

(xii) any provision corresponding to provision which may be made by such an order, and which is contained in a qualifying agreement between the parties to a marriage or the partners to a civil partnership;

(xiii) a forfeiture order;

(xiv) a bankruptcy order;

(xv) an award of sequestration on a member’s estate or the making of the appointment on the member’s estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980(15) (appointment of judicial factor);

(c) whether the member’s rights to PPF compensation include rights which are not shareable or cannot be subject to a pension compensation attachment order;

(d) if such information has not already been supplied, details of any charges that the Board will impose in accordance with regulation 16 and the method by which they may be recovered, and

(e) whether the Board requires any information additional to that specified in regulation 7 in order to implement the pension sharing order or provision.

Commencement Information

I3 Reg. 5 in operation at 6.4.2011, see reg. 1(1)

Information to be provided by the Board to pension compensation credit members N.I.

6.  The information to be provided by the Board to pension compensation credit members and to beneficiaries of pension compensation credit members is to be determined in accordance with the provisions of the Schedule.

Commencement Information

I4 Reg. 6 in operation at 6.4.2011, see reg. 1(1)

(1)

1985 c. 37; section 8 is amended for the purposes of pension compensation on divorce etc. by paragraphs 1 and 2 of Schedule 7 to the Pensions Act 2008 (c. 30)

(2)

S.I. 1999/3147 (N.I. 11); Article 25(1) was amended by paragraph 110 of Schedule 29 to the Civil Partnership Act 2004 (c. 33)

(3)

S.I. 1978/1045 (N.I. 15); Article 25 was amended by Article 5 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4))

(4)

Articles 27B and 27C were inserted by Article 162(1) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)); Article 27B was amended by paragraph 1 of Schedule 4 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and is modified, in cases where the Board becomes involved with or assumes responsibility for a scheme, by S.R. 2006 No. 310; Article 27C was amended by paragraph 2 of Schedule 4 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(5)

2004 c. 33

(6)

Parts 5 and 6 were amended by paragraph 75(3) and (4) of Schedule 18 to S.I. 2010/976

(7)

Article 27F is inserted by paragraph 7 of Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008

(8)

Paragraph 29A is inserted by paragraph 17(3) of Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008

(9)

1973 c. 18; section 23 was amended by section 16 of the Administration of Justice Act 1982 (c. 53)

(10)

Sections 25B and 25C were inserted by section 166(1) of the Pensions Act 1995; section 25B was amended by paragraph 1 of Schedule 4 to the Welfare Reform and Pensions Act 1999 (c. 30) and is modified, in cases where the Board becomes involved with or assumes responsibility for a scheme, by S.I. 2006/1932; section 25C was amended by paragraph 2 of Schedule 4 to the Welfare Reform and Pensions Act 1999

(11)

Section 25F is inserted by paragraph 7 of Schedule 6 to the Pensions Act 2008 (c. 30)

(12)

Paragraph 34A is inserted by paragraph 17(3) of Schedule 6 to the Pensions Act 2008

(13)

Section 12A was inserted by section 167(3) of the Pensions Act 1995 and subsections (2) and (3) were amended by paragraph 9(3) and (4) of Schedule 12 to the Welfare Reform and Pensions Act 1999, paragraph 19(3) and (4) of Schedule 28 to the Civil Partnership Act 2004 and paragraph 5(2) of Schedule 2 to the Family Law (Scotland) Act 2006 (asp 2)

(14)

Section 12B is inserted by paragraph 6 of Schedule 7 to the Pensions Act 2008

(15)

1980 c. 46; section 41 was amended by paragraph 19 of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)