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Statutory Rules of Northern Ireland
Pensions
Made
29th June 2012
The Department for Social Development makes the following Order in exercise of the powers conferred by section 118(1) of the Pensions (No. 2) Act (Northern Ireland) 2008(1).
1.—(1) This Order may be cited as the Pensions (2008 No. 2 Act) (Commencement No. 9) Order (Northern Ireland) 2012.
(2) In this Order “the Act” means the Pensions (No. 2) Act (Northern Ireland) 2008.
2. The following provisions of the Act shall come into operation on 30th June 2012—
(a)the provisions specified in Part 1 of the Schedule, in so far as they are not already in operation, and
(b)the provisions specified in Part 2 of the Schedule.
Sealed with the Official Seal of the Department for Social Development on 29th June 2012
(L.S.)
Anne McCleary
A senior officer of the Department for Social Development
Article 2
| Provisions of the Act | Subject matter |
|---|---|
| Section 2(2) | Continuity of scheme membership |
| Section 3(3) | Automatic enrolment |
| Section 5(4) | Automatic re-enrolment |
| Section 6(5) | Timing of automatic re-enrolment |
| Section 7(6) | Jobholder’s right to opt in |
| Section 8 | Jobholder’s right to opt out |
| Section 9 | Workers without qualifying earnings |
| Section 10 | Information to be given to workers |
| Section 13(7) | Qualifying earnings |
| Section 15 | Pay reference period |
| Section 16(8) | Qualifying schemes |
| Section 17 | Automatic enrolment schemes |
| Section 18 | Occupational pension schemes |
| Section 20(9) | Quality requirement: UK money purchase schemes |
| Section 21 | Quality requirement: UK defined benefits schemes |
| Section 22(10) | Test scheme standard |
| Section 24 | Quality requirement: UK hybrid schemes |
| Section 26(11) | Quality requirement: UK personal pension schemes |
| Section 29 | Transitional periods for money purchase and personal pension schemes |
| Section 30(12) | Transitional period for defined benefits and hybrid schemes |
| Section 32(13) | Power of trustees or managers to modify by resolution |
| Section 33 | Deduction of contributions |
| Section 37 | Unpaid contributions notices |
| Section 38 | Calculation and payment of contributions |
| Section 40(14), except for subsection (1)(d) which is commenced for the purpose only of the exercise of the Regulator’s functions under Part 1 of the Act | Fixed penalty notices |
| Section 41(15), except for subsection (1)(d) which is commenced for the purpose only of the exercise of the Regulator’s functions under Part 1 of the Act | Escalating penalty notices |
| Section 43 | Review of notices |
| Section 49 | Monitoring of employers’ payments to personal pension schemes |
| Section 52 | Penalty notices |
| Section 54(16) | Inducements |
| Section 58 | Restrictions on agreements to limit operation of this Part |
| Provisions of the Act | Subject matter |
|---|---|
| Section 1 | Jobholders |
| Section 19 | Personal pension schemes |
| Section 31 | Effect of freezing order or assessment period |
| Section 34 | Effect of failure to comply |
| Section 35 | Compliance notices |
| Section 36 | Third party compliance notices |
| Section 39 | Meaning of “relevant contributions” |
| Section 42 | Penalty notices: recovery |
| Section 44(17) | References to First-tier Tribunal or Upper Tribunal |
| Section 45 | Offences of failing to comply |
| Section 46 | Offences by bodies corporate |
| Section 47 | Offences by partnerships and unincorporated associations |
| Section 48 | Offences of providing false or misleading information |
| Section 50 | Prohibited recruitment conduct |
| Section 51 | Compliance notices |
| Section 53(18) | Review of notices and references to the First-tier Tribunal or Upper Tribunal |
| Section 55 | The right not to suffer detriment |
| Section 56 | Enforcement of the right |
| Section 57, except for subsection (3) | Right of employee not to be unfairly dismissed |
| Section 60 | Powers to require information and to enter premises |
| Section 64 | Functions of the Pensions Ombudsman |
| Section 70 | “Employer”, “worker” and related expressions |
| Section 71 | Agency workers |
| Section 72 | Directors |
| Section 73 | Crown employment |
| Section 74 | Armed forces |
| Section 75 | Police |
| Section 76 | Persons working on vessels |
(This note is not part of the Order)
This Order brings into operation certain provisions of the Pensions (No. 2) Act (Northern Ireland) 2008 (“the Act”), as amended by the Pensions Act (Northern Ireland) 2012 (c. 3 (N.I.)), on 30th June 2012 to give effect to the introduction of the automatic enrolment duties set out in the Act.
The requirement in Chapter 1 of Part 1 of the Act (sections 1 to 33) to enrol certain workers (referred to in the Act as “jobholders”) into a pension scheme which meets the minimum standards specified in the Act will apply to employers in stages starting with the largest first, from 1st October 2012 onwards. However, from 1st July 2012 the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010 (S.R. 2010 No. 122) provide that the largest employers will be able to enrol their workers into a pension scheme early, in line with the duties set out in the Act.
Chapter 2 of Part 1 of the Act (sections 34 to 49) sets out the regime for ensuring compliance with the automatic enrolment duties.
Chapter 3 of Part 1 of the Act (sections 50 to 58) sets out safeguards during the recruitment process and during employment to ensure that an employee’s rights to become and remain a member of a qualifying pension scheme are protected.
Section 60 sets out requirements in relation to record keeping and compliance.
Section 64 gives the Pensions Ombudsman the additional function of investigating complaints relating to a jobholder opting out of pension scheme membership.
Chapter 7 of Part 1 of the Act (sections 70 to 78) sets out how the automatic enrolment duties apply to particular types of worker, and defines the terms “employer”, “worker” and related expressions for the purposes of the Act.
(This note is not part of the Order)
The following provisions of the Pensions (No. 2) Act (Northern Ireland) 2008 have been brought into operation by earlier commencement orders as from the dates shown.
| Provision | Date of Commencement | S.R. No. | |
|---|---|---|---|
| Section 14 | (partially) | 8th June 2012 | 2012/236 (C.21) |
| Section 28 | (partially) | 8th June 2012 | 2012/236 (C.21) |
| Section 49 | (partially) | 3rd January 2012 | 2011/441 (C.33) |
| Sections 61 and 62 | 26th January 2009 | 2009/22 (C.1) | |
| Section 63 | 16th March 2011 | 2011/108 (C.7) | |
| Section 78 | (partially) | 5th July 2010 | 2010/50 (C.2) |
| Section 79 | 6th April 2009 | 2009/22 (C.1) | |
| Section 80 | (partially) | 6th April 2009 | 2009/22 (C.1) |
| (partially) | 6th April 2009 | 2009/147 (C.9) | |
| Section 83 | (partially) | 3rd January 2012 | 2011/441 (C.33) |
| Section 85 | 6th April 2012 | 2012/119 (C.12) | |
| Sections 86 to 98 | 6th April 2011 | 2011/108 (C.7) | |
| Section 99 | (partially) | 16th March 2011 | 2011/108 (C.7) |
| (partially) | 6th April 2011 | 2011/108 (C.7) | |
| Section 100 | (partially) | 1st April 2009 | 2009/147 (C.9) |
| Section 101 | 6th April 2011 | 2011/108 (C.7) | |
| Section 103 | (partially) | 29th June 2009 | 2009/249 (C.16) |
| Section 104 | (partially) | 26th February 2010 | 2010/50 (C.2) |
| Section 105 | 6th April 2009 | 2009/22 (C.1) | |
| Sections 106 and 107 | 26th January 2009 | 2009/22 (C.1) | |
| Section 116 | (partially) | 6th April 2009 | 2009/22 (C.1) |
| (partially) | 6th April 2011 | 2011/108 (C.7) | |
| (partially) | 6th April 2012 | 2012/119 (C.12) | |
| Schedule 1 | (partially) | 6th April 2009 | 2009/22 (C.1) |
| (partially) | 6th April 2009 | 2009/147 (C.9) | |
| Schedule 3 | (partially) | 3rd January 2012 | 2011/441 (C.33) |
| Schedule 4 | (partially) | 6th April 2011 | 2011/108 (C.7) |
| Schedule 5 | 6th April 2011 | 2011/108 (C.7) | |
| Schedule 6 | (partially) | 1st April 2009 | 2009/147 (C.9) |
| Schedule 8 | (partially) | 29th June 2009 | 2009/249 (C.16) |
| Schedule 9 | (partially) | 26th February 2010 | 2010/50 (C.2) |
| Schedule 10 | (partially) | 6th April 2009 | 2009/22 (C.1) |
| (partially) | 6th April 2011 | 2011/108 (C.7) | |
| (partially) | 6th April 2012 | 2012/119 (C.12) | |
2008 c. 13 (N.I.)
Section 2 was amended by section 5(1) of the Pensions Act (Northern Ireland) 2012 (c. 3 (N.I.))
Section 3 was amended by sections 6(1) and (2) and 7(1) of the Pensions Act (Northern Ireland) 2012 and Article 2(1) of S.R. 2012 No. 240
Section 5 was amended by sections 5(2) to (4), 6(3) and (4) and 7(3) of the Pensions Act (Northern Ireland) 2012 and Article 2(1) of S.R. 2012 No. 240
Section 6 was amended by sections 5(5), 7(4) and 8 of the Pensions Act (Northern Ireland) 2012
Section 7 was amended by section 7(5) of the Pensions Act (Northern Ireland) 2012
Section 13 was amended by Article 2(2) of S.R. 2012 No. 240
Section 16 was amended by section 11 of the Pensions Act (Northern Ireland) 2012
Section 20 was amended by regulation 3(2) of S.R. 2012 No. 120
Section 22 was amended by section 12(1) of the Pensions Act (Northern Ireland) 2012
Section 26 was amended by regulation 3(3) of S.R. 2012 No. 120
Section 30 was amended by sections 7(6), 15 and 16 of the Pensions Act (Northern Ireland) 2012
Section 32 was amended by sections 13(7) and 17 of the Pensions Act (Northern Ireland) 2012
Section 40 was amended by paragraph 29 of Schedule 1 to the Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4 (N.I.))
Section 41 was amended by paragraph 30 of Schedule 1 to the Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010
Section 54 was amended by section 5(6) of the Pensions Act (Northern Ireland) 2012
Section 44 was amended by paragraph 31 of Schedule 1 to the Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010
Section 53 was amended by paragraph 32 of Schedule 1 to the Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010
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