The Pensions (2008 Act) (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Provisions) Regulations (Northern Ireland) 2012

PART 2 N.I. Amendments coming into operation on 6th April 2012

Amendment of the Administration Act N.I.

2.—(1) The Administration Act is amended in accordance with paragraphs (2) and (3).

(2) In section 132(3A) M1 (annual up-rating of benefits) after “Where a member of” insert “ a scheme which was at a time before the abolition date (as defined in section 176(1) M2 of the Pensions Act M3 ) ”.

(3) In section 167(1) (interpretation)—

(a) for the definition of “money purchase contracted-out scheme”M4 substitute—

““money purchase contracted-out scheme” is to be construed in accordance with section 176A M5 of the Pensions Act;”;

(b) in the definition of “personal pension scheme”M6 for “section 3” substitute “ section 176A(6) ”.

Marginal Citations

M1 Section 132(3A) was inserted by paragraph 41(b) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)

M2 The definition of “abolition date” is inserted by paragraph 34(2)(a) of Schedule 4 to the Pensions Act (Northern Ireland) 2008

M3 The definition of “the Pensions Act” was inserted by paragraph 42(c) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993

M4 The definition of “money purchase contracted-out scheme” was inserted by paragraph 42(a) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993

M5 Section 176A is inserted by paragraph 35 of Schedule 4 to the Pensions Act (Northern Ireland) 2008

M6 The definition of “personal pension scheme” was amended by paragraph 42(d) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993

Amendment of the Pensions (No. 2) Act N.I.

3.—(1) The Pensions (No. 2) Act (Northern Ireland) 2008 M7 is amended in accordance with paragraphs (2) and (3).

(2) In section 20 (quality requirement: UK money purchase schemes) omit subsection (2).

(3) In section 26 (quality requirement: UK personal pension schemes) omit subsection (8).

Marginal Citations

M7 2008 c. 13 (N.I.)

Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations N.I.

F1 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 4 revoked (6.4.2014) by The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (S.R. 2014/79), regs. 1(1), 32, Sch. 10

Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations N.I.

5.  In regulation 11A(2) of the Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991 M8 (further alternative to short service benefit – transfer to an overseas arrangement)—

(a) at the end of sub-paragraph (a) add “ and ”;

(b) omit sub-paragraph (b).

Marginal Citations

M8 S.R. 1991 No. 37; regulation 11A was inserted by regulation 2(6) of S.R. 1996 No. 620

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

6.—(1) The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 M9 are amended in accordance with paragraphs (2) to (18).

(2) In regulation 1(2) (interpretation) in the definition of “overseas scheme”M10 omit “or (3)”.

(3) In regulation 3(2)(g)(i) M11 (notices by employers of intended election) omit “whether the employment would be contracted out by reference to a salary related or money purchase contracted-out scheme and”.

(4) In regulation 6 (information to be included in an election) omit paragraph (4).

(5) In regulation 9(3)(b) (making of elections by employers for the variation or surrender of contracting-out certificates) omit “in the case of a money purchase contracted-out scheme, the protected rights under, or in the case of any other scheme,”.

(6) In regulation 10(1)(a) (special provision with regard to elections for the issue, variation or surrender of certificates where the employment remains contracted out) omit “, or for protected rights, as the case may be,”.

F2 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Omit regulation 30 (further contracting-out requirements for money purchase contracted-out schemes).

(9) In regulation 31(3)(a) M12 (deduction of minimum payments from earnings) after “section 38B of the Act” insert “ as it had effect immediately prior to the abolition date ”.

(10) In regulation 32(1) (minimum payments to be made by employers to trustees)—

(a) for “section 4(1) of the Act” substitute “ section 4(1A) M13 of the Act ”;

(b) for “employment is contracted out” substitute “ employment was contracted out ”.

(11) Omit regulation 39 M14 (circumstances in which schemes may change mode of contracting out).

(12) Omit regulation 40 M15 (schemes which may not be contracted out under section 5(3) of the Act).

F3 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) In regulation 45(2) (approval of arrangements for schemes ceasing to be contracted out) omit “, section 24(2)(b) and (3) of the Act (transfer of protected rights)”.

F5 (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(18) In regulation 62(3) (fixed rate revaluation of guaranteed minimum pensions for early leavers)—

(a) omit “or section 24 (ways of giving effect to protected rights)”;

(b) for “those provisions” substitute “ that provision ”.

Textual Amendments

F2 Reg. 6(7) revoked (6.4.2016) by The Occupational Pension Schemes (SchemesthatwereContracted-out) Regulations (NorthernIreland) 2016 (S.R. 2016/107), reg. 1(a), Sch. 2

F3 Reg. 6(13) revoked (6.4.2016) by The Occupational Pension Schemes (SchemesthatwereContracted-out) Regulations (NorthernIreland) 2016 (S.R. 2016/107), reg. 1(a), Sch. 2

F4 Reg. 6(14) revoked (6.4.2016) by The Occupational Pension Schemes (SchemesthatwereContracted-out) Regulations (NorthernIreland) 2016 (S.R. 2016/107), reg. 1(a), Sch. 2

F5 Reg. 6(16) revoked (6.4.2016) by The Occupational Pension Schemes (SchemesthatwereContracted-out) Regulations (NorthernIreland) 2016 (S.R. 2016/107), reg. 1(a), Sch. 2

F6 Reg. 6(17) revoked (6.4.2016) by The Occupational Pension Schemes (SchemesthatwereContracted-out) Regulations (NorthernIreland) 2016 (S.R. 2016/107), reg. 1(a), Sch. 2

Marginal Citations

M9 S.R. 1996 No. 493; relevant amending provisions are S.R. 1997 Nos. 160 and 162, S.R. 1999 No. 486, S.R. 2001 No. 118, S.R. 2002 No. 109, S.R. 2005 No. 568, S.I. 2005/3377, S.I. 2006/744, S.R. 2007 Nos. 185 and 457, S.I. 2008/1903 and S.R. 2009 No. 113

M10 The definition of “overseas scheme” was substituted by regulation 4(2) of S.R. 2007 No. 185 and amended by regulation 6(b) of S.R. 2007 No. 457

M11 Regulation 3(2)(g) was amended by regulation 2(2)(b) of S.R. 2002 No. 109

M12 Regulation 31(3) was amended by regulation 2(11)(b) of S.R. 2002 No. 109

M13 Section 4(1A) is inserted by paragraph 3(3) of Schedule 4 to the Pensions Act (Northern Ireland) 2008

M14 Regulation 39 was amended by regulation 3(2) of S.R. 1997 No. 162 and Article 3(4) of S.R. 2009 No. 113

M15 Regulation 40 was amended by regulation 3 of S.R. 2001 No. 118 and Article 28(8) of S.I. 2006/744

Amendment of the Contracting-out (Transfer and Transfer Payment) Regulations N.I.

7.—(1) The Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996 M16 are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation)—

(a) omit the definitions of “appropriate personal pension scheme” and “money purchase contracted-out scheme”;

(b) in the definition of “overseas arrangement”—

(i) in paragraph (a) for “earners;” substitute “ earners, and ”;

(ii) omit paragraph (b).

(3) For regulation 5 (transfer payments in respect of guaranteed minimum pensions to money purchase contracted-out schemes and appropriate personal pension schemes) substitute—

“Transfer payments in respect of guaranteed minimum pensions to occupational and personal pension schemes

5.   A transfer payment in respect of a guaranteed minimum pension may be made to a scheme which is not a salary related contracted-out scheme, an overseas scheme M17 or an overseas arrangement if—

(a) the earner consents in writing;

(b) the transfer payment (whether or not it forms part of a larger payment in respect of both guaranteed minimum pensions and other rights) is of an amount at least equal to the cash equivalent of the earner's accrued rights to guaranteed minimum pensions, as calculated and verified in a manner consistent with regulations made under section 93 M18 (calculation of cash equivalents), and

(c) the earner has acknowledged in writing to the transferring scheme that the earner has received a statement from the receiving scheme showing the benefits to be awarded in respect of the transfer payment, and that the earner accepts that—

(i) the benefits to be provided by the receiving scheme may be in a different form and of a different amount to those which would have been payable by the transferring scheme, and

(ii) there is no statutory requirement on the receiving scheme to provide for survivors' benefits out of the transfer payment.”.

(4) For regulation 10 (transfer payments to money purchase contracted-out schemes and appropriate personal pension schemes in respect of section 5(2B) rights) substitute—

“10.    Transfer payments to occupational and personal pension schemes in respect of section 5(2B) rights

A transfer payment in respect of an earner's accrued section 5(2B) rights may be made to a scheme which is not a salary related contracted-out scheme, an overseas scheme or an overseas arrangement if—

(a) the earner consents in writing, and

(b) the earner has acknowledged in writing to the transferring scheme that the earner has received a statement from the receiving scheme showing the benefits to be awarded in respect of the transfer payment, and that the earner accepts that—

(i) the benefits to be provided by the receiving scheme may be in a different form and of a different amount to those which would have been payable by the transferring scheme, and

(ii) there is no statutory requirement on the receiving scheme to provide for survivors' benefits out of the transfer payment.”.

Marginal Citations

M16 S.R. 1996 No. 618; relevant amending Regulations are S.R. 1997 No. 160, S.R. 1999 No. 486 and S.R. 2007 Nos. 185 and 457

M17 The definition of “overseas scheme” was substituted by regulation 6 of S.R. 2007 No. 185 and amended by regulation 8(b) of S.R. 2007 No. 457

M18 Section 93 was amended by paragraph 6 of Schedule 4 to the Pensions (Northern Ireland) Order 1995 and paragraph 5(1) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations N.I.

F7 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 8 revoked (6.4.2014) by The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (S.R. 2014/79), regs. 1(1), 32, Sch. 10

Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations N.I.

9.—(1) The Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997 M19 are amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation) omit the definition of “administrators”.

(3) The following regulations are omitted—

(a) regulation 2 M20 (schemes which may be appropriate schemes);

(b) regulation 4 M21 (requirements in respect of an application for an appropriate scheme certificate);

(c) regulation 5 (issue of appropriate scheme certificates);

(d) regulation 6 M22 (requirement to furnish information);

(e) regulation 6A M23 (provision of information for purposes of contracting-out);

(f) regulation 7 (cancellation, variation and surrender of an appropriate scheme certificate);

(g) regulation 8 M24 (applications for the variation of, and to surrender, appropriate scheme certificates);

(h) regulation 9 (cancellation of an appropriate scheme certificate);

(i) regulation 10 (notice under section 40(1));

(j) regulation 11 (notice under section 40(2));

(k) regulation 14 (allocation of minimum contributions).

Marginal Citations

M19 S.R. 1997 No. 139; relevant amending provisions are S.R. 2002 No. 109, S.R. 2005 No. 433, S.R. 2008 No. 364 and S.R. 2009 No. 113

M20 Regulation 2 was substituted by regulation 3(3) of S.R. 2008 No. 364

M21 Regulation 4 was amended by regulation 3(5) of S.R. 2008 No. 364

M22 Regulation 6 was amended by regulation 3(6) of S.R. 2008 No. 364

M23 Regulation 6A was inserted by regulation 7 of S.R. 2002 No. 109 and amended by paragraph 37 of Schedule 2 to S.R. 2005 No. 433

M24 Regulation 8 was amended by Article 6(3) of S.R. 2009 No. 113

Amendment of the Occupational and Personal Pension Schemes (Contracting-out etc: Review of Determinations) Regulations N.I.

10.  In regulation 2 of the Occupational and Personal Pension Schemes (Contracting-out etc: Review of Determinations) Regulations (Northern Ireland) 1997 M25 (application of regulations) omit “or appropriate scheme certificates”.

Marginal Citations

M25 S.R. 1997 No. 140

Amendment of the Pension Sharing (Valuation) Regulations N.I.

11.  In regulation 2(1)(b) of the Pension Sharing (Valuation) Regulations (Northern Ireland) 2000 M26 (rights under a pension arrangement which are not shareable)—

(a) in head (ii) for “annuity;” substitute “ annuity, or ”;

(b) omit head (iii).

Marginal Citations

M26 S.R. 2000 No. 144; regulation 2(1) was amended by paragraph 3 of Schedule 1 to S.R. 2005 No. 536 and Article 36(3) of S.I. 2006/744

Amendment of the Pension Sharing (Pension Credit Benefit) Regulations N.I.

12.  In regulation 1(2) of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000 M27 (interpretation) omit the definitions of “appropriate scheme” and “money purchase contracted-out scheme”.

Marginal Citations

M27 S.R. 2000 No. 146 to which there are amendments not relevant to these Regulations

Amendment of the Stakeholder Pension Schemes Regulations N.I.

13.—(1) The Stakeholder Pension Schemes Regulations (Northern Ireland) 2000 M28 are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(3) (interpretation) omit the definition of “contracted-out employment”M29 .

(3) In regulation 18B(2)(b) M30 (disclosure of information to members)—

(a) in head (i) for “behalf;” substitute “ behalf, and ”;

(b) in head (ii) for “schemes), and” substitute “ schemes). ”;

(c) omit head (iii).

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 13(4) revoked (6.4.2014) by The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (S.R. 2014/79), regs. 1(1), 32, Sch. 10

Marginal Citations

M28 S.R. 2000 No. 262; relevant amending Regulations are S.R. 2002 No. 410 and S.R. 2010 No. 373

M29 The definition of “contracted-out employment” was inserted by regulation 4(2)(a) of S.R. 2002 No. 410

M30 Regulations 18 to 18E were substituted for regulation 18 by regulation 4(6) of S.R. 2010 No. 373

Revocations N.I.

14.  The following provisions are revoked—

(a) the Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1996 M31 ;

(b) regulations 2, 4 to 6, 8, 10 to 15 and 17 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 1997 M32 ;

(c) the Occupational Pension Schemes (Age-related Payments) Regulations (Northern Ireland) 1997 M33 .

Marginal Citations

M31 S.R. 1996 No. 509 as amended by S.R. 1997 Nos. 95 and 160, S.R. 1999 No. 486, S.R. 2000 No. 262, S.R. 2002 No. 109, S.R. 2005 Nos. 85, 433 and 467, S.R. 2007 Nos. 185 and 457 and S.R. 2011 No. 89

M32 S.R. 1997 No. 56; relevant amending provisions are S.R. 2002 No. 109, S.R. 2003 No. 256, S.R. 2005 Nos. 170, 433 and 507, S.I. 2006/744 and 745, S.R. 2007 No. 185, S.I. 2007/829, S.R. 2008 No. 370 and S.R. 2009 No. 365

M33 S.R. 1997 No. 167 as amended by S.R. 1997 No. 544 and S.R. 2009 No. 115