Statutory Rules of Northern Ireland
Pensions
Made
13th March 2014
Coming into operation
6th April 2014
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 109, 164(1) and (4), 177(2) to (4) and 178(1) of the Pension Schemes (Northern Ireland) Act 1993(1), Articles 10(3), 41(1), (5), (5A) and (6) and 166(1) to (3) of the Pensions (Northern Ireland) Order 1995(2) and Articles 3(1)(b), 21(1)(a), (b)(i) and (c)(i) and (2), 31(1)(b)(ii), 42(1) and 73(3) and (4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(3), and now vested in it(4).
1.—(1) These Regulations may be cited as the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 and shall come into operation on 6th April 2014.
(2) On 6th April 2015 the following provisions cease to have effect—
(a)paragraphs 2 and 3 of Schedule 6, and
(b)paragraph 11(1)(b) and (2) of Schedule 8.
2.—(1) In these Regulations—
“the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993;
“the 1995 Order” means the Pensions (Northern Ireland) Order 1995;
“the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland) Order 1999;
“the 2005 Order” means the Pensions (Northern Ireland) Order 2005(5);
“accrued rights”—
in relation to an occupational pension scheme, has the meaning given in Article 121(2) of the 1995 Order, and
in relation to a personal pension scheme, means rights that have accrued under the scheme;
“beneficiary” means a person, other than a member, who is entitled to the payment of benefits under the scheme;
“electronic communication” has the meaning given in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001(6);
“excluded person” means a member or beneficiary—
whose present postal address and electronic address are not known to the trustees or managers of the scheme, and
in respect of whom the trustees or managers of the scheme have sent correspondence to that member’s or beneficiary’s last known—
postal address and that correspondence has been returned, or
electronic address and the trustees or managers of the scheme are satisfied that that correspondence has not been delivered;
“funded” means setting aside resources (other than assets at the disposal of the employer of any person who is employed in relevant employment) for a benefit before the benefit becomes payable that are related to the intended rate or amount of the benefit;
“HMRC” means the Commissioners for Her Majesty’s Revenue and Customs;
“illustration date” means the date specified by the trustees or managers of the scheme as the date by reference to which amounts are calculated for the purpose of giving the information in Part 2 of Schedule 6;
“lifestyling” means an investment strategy that aims progressively to reduce the potential for significant variation caused by market conditions in the value of the member’s rights;
“member”—
in relation to an occupational pension scheme, has the meaning given in Article 121(1)(7) of the 1995 Order, and
in relation to a personal pension scheme, means a member of the scheme;
“prospective member” means a person who, under the terms of that person’s contract of service or the scheme rules or both—
can choose to become a member of the scheme;
will be able to choose to become a member of the scheme if that person continues in the same employment for a certain period of time;
will become a member of the scheme automatically unless that person chooses not to become a member of the scheme, or
can become a member of the scheme if that person’s employer consents;
“recipient” means the person, organisation or body to whom these Regulations require information or documents to be made available;
“recognised trade union” means an independent trade union (within the meaning given in Article 2(3) of the Employment Rights (Northern Ireland) Order 1996(8)) that is recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of a scheme;
“the Regulator” means the Pensions Regulator(9) established under section 1 of the Pensions Act 2004(10);
“relevant employment” means any employment to which the scheme relates;
“relevant guidance” means the document entitled “AS TM1: Statutory Money Purchase Illustrations” that is adopted or prepared, and from time to time revised, by the Financial Reporting Council Limited(11);
“relevant person” means a—
member or prospective member of the scheme;
spouse or civil partner of a member or prospective member;
beneficiary of the scheme;
recognised trade union;
“retirement date” has the meaning given in regulation 19(5);
“scheme year” means, in relation to an occupational pension scheme—
a year specified for the purposes of the scheme in any scheme document or, if there is no such year specified, a period of 12 months commencing on 1st April or on such other date as the trustees choose, or
a period between 6 and 18 months specified by the trustees in connection with—
the commencement or termination of the scheme, or
a variation of the date on which the period referred to in paragraph (a) is to commence;
“tax registered scheme” means a scheme that—
is registered under section 153 of the Finance Act 2004(12) (registration of pension schemes);
was formerly registered under that section;
is deemed to be registered under that section by virtue of paragraph 1 of Schedule 36 to that Act (pension schemes etc: transitional provisions and savings), or
has applied for registration under that section and HMRC have not decided whether to register the scheme;
“wholly insured scheme” means a scheme under which all the benefits provided are secured by a policy or policies of insurance or annuity contract or contracts.
(2) Subject to paragraph (3), the Interpretation Act (Northern Ireland) 1954(13) shall apply to these Regulations as it applies to an Act of the Assembly.
(3) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.
3. Where there is a question about whether an organisation is a recognised trade union, that question must be referred to an industrial tribunal.
4.—(1) Subject to paragraphs (2), (3) and (6), the trustees or managers of an occupational pension scheme that falls within paragraph 1 of Schedule 1 must give information in accordance with regulations 6, 8 to 22, 24 and 25.
(2) Regulations 9, 10, 12, 13 and 15 do not apply to a public service pension scheme(14) if—
(a)there are no requirements for assets related to the intended rate or amount of benefit under the scheme to be set aside in advance (disregarding requirements relating to additional voluntary contributions);
(b)it is made under Article 9 of the Superannuation (Northern Ireland) Order 1972(15) (superannuation of persons employed in local government service, etc.), or
(c)it is made under Part 2 of the Ministerial Salaries and Members’ Pensions Act (Northern Ireland) 1965(16) or Article 3 of the Assembly Pensions (Northern Ireland) Order 1976(17).
(3) Regulation 17 does not apply to a stakeholder pension scheme within the meaning of Article 3(18) of the 1999 Order.
(4) Subject to paragraph (6), the trustees or managers of a pension scheme that is—
(a)an occupational pension scheme that does not fall within paragraph 1 of Schedule 1, or
(b)established under the Salvation Army Act 1963(19),
must give information in accordance with regulation 7.
(5) Subject to paragraphs (3) and (6), the managers of a personal pension scheme that falls within paragraph 2 of Schedule 1 must give information in accordance with regulations 10, 17 to 19, 21 and 23.
(6) Paragraphs (1), (4) and (5) do not require the trustees or managers of a scheme to give information to—
(a)a member or prospective member if no person who employs that member in relevant employment has informed the trustees or managers of the scheme that that member is a member or prospective member;
(b)a recognised trade union if no person who employs a member or prospective member in relation to whom the trade union is a recognised trade union has informed the trustees or managers of the scheme that the trade union is a recognised trade union, or
(c)a member of an occupational pension scheme where all the members are trustees or managers of the scheme.
(7) When any information is given in accordance with paragraph (1), (4) or (5), it must be accompanied by the postal address and electronic address to which a person should send requests for further information or any other enquiry.
5. Where in relation to an occupational pension scheme a person fails without reasonable excuse to comply with any requirement imposed under these Regulations, the Regulator may, by notice in writing, require that person to pay, within 28 days, a penalty that must not—
(a)in the case of an individual, exceed £5,000, and
(b)in any other case, exceed £50,000.
6.—(1) The basic scheme information mentioned in paragraph (2) must be given in accordance with this regulation.
(2) The basic scheme information is the information listed in —
(a)Part 1 of Schedule 2, and
(b)Part 3 of that Schedule where the scheme contains provision for lifestyling (see regulation 18).
(3) The information must be given to—
(a)prospective members, if it is practicable to do so, and
(b)members who have not already been given the information.
(4) The information must also be given to a relevant person who—
(a)makes a request for the information, and
(b)has not been given that information in the previous 12 months.
(5) Where the trustees or managers of the scheme have in relation to a member or prospective member received jobholder information, the information must be given within one month of the date that information was received.
(6) Where the trustees or managers of the scheme have not received jobholder information in relation to a member or prospective member, the information must be given within 2 months of the date the person became an active member of the scheme.
(7) Where the trustees or managers of the scheme have received a request for the information from a relevant person, the information must be given within 2 months of that request.
(8) No information is required to be given under this regulation to—
(a)a relevant person, except a recognised trade union, unless it is relevant to the person’s rights or prospective rights under the scheme, and
(b)a recognised trade union unless it is relevant to the rights or prospective rights of persons who are in that recognised trade union.
(9) In this regulation “jobholder information” means the information specified in regulation 3 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010(20) (jobholder information).
7.—(1) The basic scheme information mentioned in paragraph (2) must be given in accordance with this regulation.
(2) The basic scheme information is the information listed in—
(a)Part 2 of Schedule 2, and
(b)Part 3 of that Schedule where the scheme contains provision for lifestyling (see regulation 18).
(3) The information must be given to—
(a)prospective members;
(b)members who have not already been given the information, and
(c)a recognised trade union on request.
(4) The information must be given to—
(a)a prospective member, if it is practicable to do so;
(b)a member within 2 months of membership beginning, and
(c)a recognised trade union within 2 months of the date the request is made.
8.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation where—
(a)there is a change in relation to the scheme, and
(b)that change results in a material alteration in the information listed in Part 1 of Schedule 2.
(2) The information is the information referred to in paragraph (1)(b) that has materially changed.
(3) The information must be given to all members and beneficiaries of the scheme, except excluded persons, and to a recognised trade union.
(4) The information must be given before or as soon as practicable after (and in any event within 3 months after) the change referred to in paragraph (1)(a) takes effect.
(5) No information is required to be given under this regulation to—
(a)relevant persons, except a recognised trade union, unless it is relevant to the person’s rights or prospective rights under the scheme, and
(b)a recognised trade union unless—
(i)it is relevant to the rights or prospective rights of persons who are in that recognised trade union, and
(ii)basic scheme information has already been given to the recognised trade union under regulation 6.
9. Active members must be informed of any modification to the scheme by the Regulator under Article 210(2)(a) of the 2005 Order (powers of the Regulator) within one month of the modification taking effect.
10.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation where a scheme is removed from the register of stakeholder pension schemes kept under Article 4(21) of the 1999 Order.
(2) The information is a statement that the scheme—
(a)has been removed from the register;
(b)is no longer a stakeholder pension scheme, and
(c)is required to begin winding up.
(3) The information must be given to members except excluded persons.
(4) The information must be given within no more than 2 weeks of the trustees or managers of the scheme being notified that the scheme has been removed from the register.
11.—(1) The information listed in Part 1 of Schedule 3 must be given to a relevant person in accordance with this regulation where the relevant person makes a request for the information.
(2) The information must be given within 2 months of the date the request is made.
(3) The information must be given in accordance with regulation 29.
(4) Any document that must be given under paragraph (1) which is not in the English language must be accompanied by a translation in that language.
(5) No information is required to be given under this regulation—
(a)to relevant persons, except a recognised trade union, unless it is relevant to the person’s rights or prospective rights under the scheme;
(b)to a recognised trade union unless it is relevant to the rights or prospective rights of persons who are in that recognised trade union, and
(c)where the information has been given to the relevant person in the previous 12 months unless there has been a change in the information.
12.—(1) A document containing the information listed in Part 2 of Schedule 3 must be prepared within 7 months of the end of each scheme year and given in accordance with this regulation.
(2) The document must be given to a relevant person where the relevant person—
(a)makes a request for the document within 5 years of the end of the scheme year to which the information relates, and
(b)has not been given the document before.
(3) The document must be given within 2 months of the date the request is made.
(4) The document must be given in accordance with—
(a)regulation 26 or 29(3), where the document relates to the most recent scheme year, or
(b)regulation 29, where the document does not relate to that year.
13.—(1) The information listed in Part 3 of Schedule 3 must be given to a relevant person in accordance with this regulation where the relevant person makes a request for the information.
(2) The information must be given within 2 months of the date the request is made.
(3) The information must be given in accordance with regulation 29.
14.—(1) The information listed in Part 4 of Schedule 3 must be given in accordance with this regulation.
(2) Subject to paragraph (3), the information must be given to any member or prospective member who makes a request for it.
(3) Paragraph (2) does not apply where the request mentioned in that paragraph is made less than 12 months after the last occasion on which such information was given.
(4) The information must be given within 2 months of the date the request is made.
15.—(1) The information listed in Schedule 4, in the form of a summary funding statement, must be given in accordance with this regulation where the trustees or managers of the scheme have obtained an actuarial valuation or report under Article 203 of the 2005 Order.
(2) The information must be given to all members and beneficiaries of the scheme except—
(a)excluded persons, and
(b)members or beneficiaries whose only entitlement to benefits under the scheme is, or will be, to money purchase benefits.
(3) The information must be given on, before, or within a reasonable period after, the date by which the trustees or managers of the scheme are required under Article 203 of the 2005 Order to ensure that the valuation or report is received by them.
16.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation where—
(a)the member has rights to benefits that are not money purchase benefits;
(b)the member requests that information, and
(c)information has not been given to that member under this regulation in the 12 months before that request.
(2) The information is—
(a)for active members, the information listed in Parts 1 and 2 of Schedule 5;
(b)for deferred members, the information listed in Parts 2 and 3 of that Schedule;
(c)for pension credit members, the information listed in Part 4 of that Schedule.
(3) The information must be given as soon as practicable and in any event no more than 2 months after the date the request is made.
(4) In this regulation “pension credit member” means a person who has rights under the scheme that are attributable (directly or indirectly) to a credit under Article 26(1)(b) of the 1999 Order (creation of pension debits and credits) or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999(22).
17.—(1) Information relating to a member’s money purchase benefits must be given in accordance with this regulation to a member who—
(a)has rights to money purchase benefits, and
(b)is not an excluded person.
(2) The information listed in Part 1 of Schedule 6 must be given.
(3) The information listed in paragraphs 6 to 8 of Schedule 6 must be given except where paragraph (6) applies.
(4) Where paragraph (6) applies, the information listed in paragraphs 6 to 8 of Schedule 6 may be given.
(5) Where the information listed in paragraphs 6 to 8 of Schedule 6 is given under paragraph (3) or (4), the information listed in—
(a)paragraphs 9 to 14 of that Schedule must be given with that information, and
(b)Part 3 of that Schedule must be given.
(6) This paragraph applies where—
(a)the member is in receipt of benefits under the scheme;
(b)the date referred to in paragraph 4 of Schedule 6 is not more than 2 years before the member’s retirement date for the purpose of Part 2 of Schedule 6;
(c)in relation to the member—
(i)the value, determined in accordance with the relevant guidance, of the member’s accrued rights to money purchase benefits under the scheme was less than £5,000 on the last illustration date in respect of which the information listed in Part 2 of Schedule 6 was last given;
(ii)since that previous illustration date, no contributions (including transfers of pension rights or pension credits) have been made to the scheme by, or on behalf of, the member in respect of the member’s money purchase benefits, and
(iii)the trustees or managers of the scheme have previously given notice to the member that the information listed in Part 2 of Schedule 6 will not be given to the member again unless further contributions referred to in head (ii) have been made;
(d)in relation to the member—
(i)on the first illustration date after 5th April 2003, the value, determined in accordance with the relevant guidance, of the member’s accrued rights to money purchase benefits under the scheme was less than £5,000;
(ii)no contributions, including transfers of pension rights and pension credits, have been made to the scheme by, or on behalf of, the member after 5th April 2003 in respect of the member’s money purchase benefits, and
(iii)the trustees or managers of the scheme think that no further such contributions are likely to be made after that illustration date, or
(e)the member’s benefit is calculated by reference to the greater of a money purchase formula and a defined benefit formula and the trustees or managers of the scheme think the benefit calculated using the money purchase formula is unlikely to affect the pension payable.
(7) The information to be given under paragraphs (2) to (5) must be given within 12 months of—
(a)in the case of an occupational pension scheme, the end of each scheme year except where paragraph (9) applies, and
(b)in the case of a personal pension scheme—
(i)the date—
(aa)the person became a member of the scheme, or
(bb)contributions were first credited to the scheme in respect of the person, and
(ii)each subsequent anniversary of that date.
(8) Where paragraph (9) applies, the information mentioned in paragraphs (2) to (5) may be given.
(9) This paragraph applies where—
(a)the scheme year is the first to end on or after the date the person became a member of the scheme, and
(b)the end of that scheme year falls at a time when—
(i)no contributions have been credited to the scheme in respect of the person, or
(ii)the person has the right to opt out of the scheme under section 8 of the Pensions (No. 2) Act (Northern Ireland) 2008(23).
(10) For the purposes of paragraph (6), a part of an occupational pension scheme that provides additional money purchase benefits where the member pays voluntary contributions to that part is to be treated as a separate scheme from any other part of that scheme.
18.—(1) The information listed in Part 3 of Schedule 2 must be given to a member in accordance with this regulation where the scheme contains provision for lifestyling.
(2) The information must, subject to paragraph (3), be given between 5 and 15 years before the member’s retirement date.
(3) Information need not be given under paragraph (2) where it has been given in the previous 12 months under regulation 6.
19.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation to a member who has rights to money purchase benefits.
(2) The information is—
(a)a statement of the options available to the member under the scheme rules, and
(b)that listed in Part 1 of Schedule 7 where the member has an opportunity to select an annuity.
(3) The information must be given at least 4 months before—
(a)where there is a retirement date, that date, or
(b)where there is no retirement date, the date the member attains normal pension age(24).
(4) For the purposes of paragraph (3), where the interval between the date on which the retirement date is specified and the date that the benefits will become payable is less than 4 months, the information must be given within 10 days of the date on which the retirement date is specified.
(5) In this regulation “retirement date” means the date specified by—
(a)the member to the trustees or managers of the scheme that is acceptable under the rules of the scheme, or
(b)the trustees or managers of the scheme where no acceptable date has been specified under sub-paragraph (a).
20.—(1) The information mentioned in paragraph (2) must be given to a person in accordance with this regulation where benefit under the scheme has, or is about to, become payable to the person.
(2) The information is the information listed—
(a)in paragraphs 6 to 9 of Schedule 7, and
(b)in Part 1 of that Schedule where the person has an opportunity to select an annuity under any rights and options in relation to the death of the member.
(3) The information mentioned in paragraph (2)(a) must be given—
(a)where benefit becomes payable on or after normal pension age before benefit becomes payable, if practicable and in any event within one month after benefit becomes payable, or
(b)where benefit becomes payable on a date before normal pension age, within 2 months of that date.
(4) The information mentioned in paragraph (2)(b) must be given to the person having the opportunity mentioned in that paragraph before benefit becomes payable.
21.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation where the trustees or managers of the scheme are aware that—
(a)a member or beneficiary of the scheme has died, and
(b)a person may be entitled to exercise rights or options under the scheme as a result of that death.
(2) The information is the information listed in—
(a)Part 1 of, and paragraphs 8 to 10 of, Schedule 7 where the person referred to in paragraph (1)(b) has an opportunity to select an annuity, and
(b)Part 2 of that Schedule in any other case.
(3) The information must be given to—
(a)the person referred to in paragraph (1)(b), if that person is at least 18 years old and the trustees or managers of the scheme know that person’s postal address or electronic address, and
(b)subject to paragraph (4), a person who is—
(i)a personal representative of the member or beneficiary of the scheme, or
(ii)authorised to act on behalf of the person referred to in paragraph (1)(b).
(4) For the purposes of paragraph (3), the information—
(a)must be given only where the personal representative or the person authorised to act requests it, and
(b)need not be given where a request is made within 3 years of the same information being given under this regulation to the same person in the same capacity.
(5) The information must be given as soon as practicable and in any event within 2 months of—
(a)the date on which the trustees or managers of the scheme become aware of the death, or
(b)the request referred to in paragraph (4).
22.—(1) The information listed in paragraphs 6, 8 and 9 of Schedule 7 must be given to a person in accordance with paragraph (2) where—
(a)the amount of benefit payable to the person alters, and
(b)that alteration is not made in accordance with the provisions referred to in paragraph 7(b) of Schedule 7.
(2) The information must be given before the date on which the decision to alter the benefit takes effect, where practicable and in any event within one month of that date.
23.—(1) The information mentioned in paragraph (3) must be given to members, except excluded persons, in accordance with this regulation.
(2) The information must be given where a decision has been made to wind up the scheme or to cease accepting contributions or to cause the scheme to cease to manage the contributions already paid to it (“the decision”).
(3) The information is—
(a)notification of the decision;
(b)the information listed in paragraphs 11 to 13 of Schedule 8;
(c)the information listed in paragraph 14 of Schedule 8 where the scheme is unable to meet in full its liabilities to its members.
(4) The information must be given as soon as practicable after the decision and, in any event—
(a)the notification referred to in paragraph (3)(a) must be given within one month, and
(b)the information mentioned in paragraph (3)(b) and (c) must be given within 4 months,
of the decision.
24.—(1) The information mentioned in paragraph (2) must be given to members and beneficiaries of the scheme, except excluded persons, in accordance with this regulation where the trustees have begun to wind up the scheme.
(2) The information is the information listed in—
(a)Part 1 of Schedule 8;
(b)paragraphs 5, 6 and 7 of that Schedule;
(c)Part 4 of that Schedule.
(3) Where the trustees begin to wind up the scheme on a date on or after 6th April 2014—
(a)the information mentioned in paragraph (2)(a) must be given as soon as practicable and in any event within no more than one month of that date, and
(b)the information mentioned in paragraph (2)(b) must be given within every 12 months of the date information was given under sub-paragraph (a) until the trustees complete winding up the scheme.
(4) Where the trustees began to wind up the scheme before 6th April 2014, the information mentioned in paragraph (2)(b) must be given within 12 months of 6th April 2014 and within every 12 months thereafter until the trustees complete winding up the scheme.
(5) Where a request is made for the information mentioned in paragraph (2)(c), it must be given within 2 months of the date the request is made.
(6) For the purposes of this regulation, the date the trustees begin to wind up the scheme is to be determined—
(a)in a case where regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996(25) (commencement of winding up) applies, in accordance with that regulation, and
(b)in any other case, in accordance with Article 121(4)(26) and (5) of the 1995 Order.
(7) Where a scheme is a sectionalised scheme, this regulation applies as if—
(a)each section of the scheme were a separate scheme, and
(b)the members of each section were the members of a separate scheme.
(8) For the purposes of paragraph (7), a sectionalised scheme is a scheme where—
(a)Part 4 of the 2005 Order applies to the scheme as if a section of a scheme were a separate scheme by virtue of paragraph 1 of Schedule 2 to the Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 2005(27) (sectionalised multi-employer schemes), or
(b)Part 4 of the 2005 Order does not apply to the scheme, but would apply in that way if it did.
25.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation where—
(a)the scheme is being wound up, and
(b)the trustees or managers of the scheme have done what they can to discharge the scheme’s liabilities for a particular member or beneficiary of the scheme.
(2) The information is—
(a)the information listed in Part 2 of Schedule 8, and
(b)where the member or beneficiary of the scheme is, for the time being—
(i)entitled to payment of benefits, the information listed in paragraphs 6 and 7 of Schedule 7, or
(ii)except in relation to money purchase benefits, not entitled to payment of benefits, the information listed in paragraph 16 of Schedule 8.
(3) The information mentioned in paragraph (2) must be given to the member or beneficiary of the scheme except that an excluded person need not be given the information mentioned in paragraph (2)(b)(ii).
(4) The information must be given as soon as practicable after, and in any event within no more than 3 months of, the date paragraph (1)(b) is satisfied.
26.—(1) Except where these Regulations otherwise provide, the methods for giving information or documents that these Regulations require to be given include the methods set out in paragraph (2).
(2) The information may be given by—
(a)sending it (including by ordinary post) to the person’s last known postal address, or
(b)subject to paragraphs (3) to (5), using either or both of the following methods—
(i)sending it to the person’s last known electronic address;
(ii)making it available on a website (see regulation 27).
(3) Where a member or beneficiary of the scheme has requested in writing that—
(a)any of the information, or
(b)all of the information,
is not given in accordance with paragraph (2)(b), that information may not be given in accordance with paragraph (2)(b).
(4) Information may only be given by an electronic communication where the trustees or managers of the scheme are satisfied that the electronic communications have been designed—
(a)so that the person will be able to—
(i)get access to, and
(ii)store or print,
the information, and
(b)taking into account the requirements of disabled persons.
(5) Where—
(a)a member or beneficiary of the scheme was a member or beneficiary of the scheme on 1st December 2010, and
(b)information was not given by the trustees or managers of the scheme before that date by the methods described in paragraph (2)(b),
information may not be given to that member or beneficiary of the scheme in accordance with paragraph (2)(b) unless the trustees or managers of the scheme have given that member or beneficiary the written notice referred to in paragraph (6).
(6) The written notice mentioned in paragraph (5) must state that—
(a)the trustees or managers of the scheme propose to give information to the member or beneficiary of the scheme by means of an electronic communication, and
(b)the member or beneficiary of the scheme may request in writing that information is not given by means of an electronic communication.
(7) The written notice mentioned in paragraph (5) must not be given by the methods mentioned in paragraph (2)(b).
27.—(1) Where a website is used for the first time to make available the information or document, a notification must be given to the recipient.
(2) The notification referred to in paragraph (1) must include—
(a)a statement that the information or document is available on the website;
(b)the website address;
(c)details of the place on the website where the information or document may be read, and
(d)an explanation of how the recipient may read the information or document on the website.
(3) Subject to regulation 28, each time a website is used at a subsequent time to make available information or documents, a notification must be given to the recipient.
(4) The notification referred to in paragraph (3) must state that the information or document is available on the website.
(5) The notifications mentioned in paragraphs (1) and (3) must not be given by making them available on a website.
28.—(1) The notification mentioned in regulation 27(3) need not be given where paragraphs (2) to (4) are satisfied.
(2) This paragraph is satisfied where—
(a)the trustees or managers of the scheme have given the recipient at least 2 documents by either of the following methods—
(i)given by hand, or
(ii)sent to the recipient’s last known postal address, and
(b)each of those documents—
(i)asks the recipient to give that recipient’s electronic address to the trustees or managers of the scheme except where the trustees or managers of the scheme do not have the facility for sending information or documents to that address, and
(ii)states that the recipient may request in writing that information or documents are not given by means of an electronic communication.
(3) This paragraph is satisfied where—
(a)paragraph (2) is satisfied, and
(b)the trustees or managers of the scheme have given the recipient, by either of the methods mentioned in paragraph (2)(a), a further document that—
(i)meets the requirements of paragraph (2)(b), and
(ii)states that further information and documents will be available to read on the website and that no further notifications will be sent to the recipient.
(4) This paragraph is satisfied where—
(a)paragraphs (2) and (3) are satisfied, and
(b)the trustees or managers of the scheme—
(i)do not know the recipient’s electronic address or do not have the facility for sending information or documents to that address, and
(ii)have not received a written request that information or documents are not given to the recipient by means of an electronic communication.
(5) Where the information to be made available is that required by regulation 17(1), the notification mentioned in regulation 27(3) need only be given as required by regulation 17(7).
29.—(1) Information or documents to be given in accordance with this regulation are to be given as follows.
(2) Where the person or recognised trade union makes a request for the information in hard copy form, the trustees or managers of the scheme must, subject to paragraph (3), give the information in that form and if a charge is levied for giving the information in that form, it must not exceed the cost of producing and giving it.
(3) Where the information in hard copy form is publicly available, the trustees or managers of the scheme may give details of where it is publicly available instead of giving it under paragraph (2).
(4) Where the person or recognised trade union makes a request for the information other than in hard copy form, it may be made available free of charge—
(a)for inspection at a place that is reasonable having regard to who made the request, or
(b)on a website.
(5) For the purposes of paragraph (4)(b), the provisions of regulations 27 and 28 do not apply except that the trustees or managers of the scheme must give the notification described in regulation 27(2) to the person or recognised trade union who requested the information.
(6) Information is in “hard copy form” if it is given in a paper copy or similar form capable of being read.
30. The trustees or managers of a scheme are responsible for ensuring that information or documents are given in accordance with these Regulations whether they give the information or documents—
(a)directly, or
(b)indirectly through a third party.
31. Schedule 9 shall have effect.
32. The provisions specified in column (1) of Schedule 10 are revoked to the extent specified in column (3).
Sealed with the Official Seal of the Department for Social Development on 13th March 2014
(L.S.)
Anne McCleary
A senior officer of the Department for Social Development
Regulation 4(1), (4) and (5)
1.—(1) An occupational pension scheme falls within this paragraph if it meets the following conditions.
(2) The first condition is that the scheme—
(a)is a tax registered scheme;
(b)was formerly—
(i)approved by HMRC for the purposes of section 590 or 591 of the Income and Corporation Taxes Act 1988(28);
(ii)a statutory scheme as defined in section 611A(29) of that Act, or
(iii)approved by HMRC under Chapter 4 of Part 14(30) of that Act;
(c)has a superannuation fund as referred to in section 615(6) of the Income and Corporation Taxes Act 1988 (exemption from tax in respect of certain pensions) and has trustees or managers of the scheme who are—
(i)authorised under Article 264 of the 2005 Order (general authorisation to accept contributions from European employers), and
(ii)approved under Article 265(31) of the 2005 Order (approval in relation to a particular European employer) in relation to a European employer(32), or
(d)is a public service pension scheme(33).
(3) The second condition is that the scheme—
(a)has 2 or more members;
(b)does not provide only death benefits;
(c)is established in the United Kingdom or has at least one trustee or manager resident in the United Kingdom, and
(d)is not established by the Salvation Army Act 1963(34).
2. A personal pension scheme falls within this paragraph if it is not a pension scheme that is—
(a)either—
(i)set up or established in an annuity contract, or
(ii)a trust scheme, and
(b)to be treated as becoming a registered pension scheme under section 153(9) of the Finance Act 2004(35) (registration of pension schemes) in accordance with paragraph 1(1)(f) of Schedule 36 to that Act (deemed registration of existing schemes).
Regulations 6(2), 7(2), 8(1) and 18(1)
1. The conditions persons must meet to become members of the scheme and a summary of the categories of persons who are eligible to become members of the scheme.
2. How persons who are eligible to be members of the scheme are admitted to it.
3. A summary of what can be done with a member’s accrued rights where the member leaves pensionable service before normal pension age, including whether accrued rights can be transferred out of the scheme, converted into an annuity and commuted to a lump sum.
4. A statement relating to the matters mentioned in paragraph 3—
(a)as to whether a charge may be made, and
(b)that further information is available on request.
5. Whether the scheme is a tax registered scheme or, if not, whether an application for the scheme to become a tax registered scheme is under consideration by HMRC.
6. A statement that explains whether transfers can be made into the scheme, including whether such transfers can be made in accordance with Chapters 4 and 5(36) of Part 4 of the 1993 Act.
7. The arrangements, if any, for the payment by members of additional voluntary contributions.
8. A summary of how the contributions, if any, payable by the employer and the member are calculated.
9. Where the scheme is the National Employment Savings Trust Corporation established under section 75(1) of the Pensions Act 2008(37), a statement of the maximum amount, if any, of contributions that may be paid in any tax year in relation to a member of the scheme.
10. A statement that—
(a)the Pensions Advisory Service(38) is available at any time to assist members and beneficiaries with—
(i)pensions questions, and
(ii)issues they have been unable to resolve with the trustees or managers of the scheme;
(b)the Pensions Ombudsman(39) may investigate and determine certain complaints or disputes about pensions that are referred to the Pensions Ombudsman in accordance with the 1993 Act, and
(c)the Regulator may intervene in the running of schemes where trustees, managers, employers or professional advisers have failed in their duties.
11. The postal address and electronic address at which each of the bodies referred to in paragraph 10 may be contacted.
12. Except where the scheme has no relevant employment which is contracted-out employment within the meaning of section 4(40) of the 1993 Act, which relevant employment is and which is not contracted-out employment.
13. If a member of the scheme has to give a period of notice to terminate that member’s pensionable service, the length of that period of notice.
14. Whether, and if so on what conditions (if any), a member of the scheme, whose pensionable service has terminated before normal pension age, may re-enter pensionable service.
15. The following information about benefits payable under the scheme (referred to in this paragraph as “benefits”)—
(a)what the benefits are;
(b)how benefits are calculated;
(c)how the scheme defines pensionable earnings, if appropriate;
(d)how and when benefits in payment are increased, if appropriate;
(e)the rate at which rights to benefits accrue, if appropriate;
(f)the conditions on which benefits are payable;
(g)when benefits (including survivor’s benefits) are payable.
16. Where the member has money purchase benefits, a statement that the value of the pension will depend on several factors including the amount of the contributions paid, the performance of investments and the cost of converting the benefit into an annuity.
17. Except where the scheme is a public service pension scheme, a statement that the scheme annual report will be given on request.
18.—(1) The scheme’s internal dispute resolution arrangements.
(2) The postal address or electronic address and job title of the person who should be contacted to use those arrangements.
(3) This paragraph does not apply to a scheme within Article 50(8) of the 1995 Order(41) (requirement for dispute resolution arrangements).
19. The following information about benefits payable under the scheme (referred to in this paragraph as “benefits”)—
(a)what the benefits are;
(b)how benefits are calculated;
(c)how the scheme defines pensionable earnings, if appropriate;
(d)how and when benefits in payment are increased, if appropriate;
(e)the rate at which rights to benefits accrue, if appropriate;
(f)the conditions on which benefits are payable;
(g)when benefits (including survivor’s benefits) are payable.
20. A statement that explains whether transfers can be made into the scheme, including whether such transfers can be made in accordance with Chapters 4 and 5 of Part 4 of the 1993 Act.
21. A summary of what can be done with a member’s accrued rights where the member leaves pensionable service before normal pension age, including whether the accrued rights can be transferred out of the scheme, converted into an annuity and commuted to a lump sum.
22. A statement relating to the matters mentioned in paragraph 21—
(a)as to whether a charge may be made, and
(b)that further information is available.
23.—(1) The scheme’s internal dispute resolution arrangements.
(2) The postal address or electronic address and job title of the person who should be contacted to use those arrangements.
(3) This paragraph does not apply to a scheme within Article 50(8) of the 1995 Order.
24. A statement that—
(a)the Pensions Advisory Service is available at any time to assist members and beneficiaries with—
(i)pensions questions, and
(ii)issues they have been unable to resolve with the trustees or managers of the scheme;
(b)the Pensions Ombudsman may investigate and determine certain complaints or disputes about pensions that are referred to the Pensions Ombudsman in accordance with the 1993 Act, and
(c)the Regulator may intervene in the running of schemes where trustees, managers, employers or professional advisers have failed in their duties.
25. The postal address and electronic address at which each of the bodies referred to in paragraph 24 may be contacted.
26. A statement setting out—
(a)which benefits are funded and which benefits are not, and
(b)the manner in which any funded benefits are secured.
27. A statement that most of the provisions of the 1995 Order do not apply to the scheme.
28. Where the member has money purchase benefits, a statement that the value of the pension will depend on several factors including the amount of the contributions paid, the performance of investments and the cost of converting the benefit into an annuity.
29. A statement explaining lifestyling, its advantages and disadvantages, and either—
(a)that lifestyling will be adopted, indicating when lifestyling is likely to be adopted, or
(b)that lifestyling has been adopted.
Regulations 11 to 14
1. The contents of any trust deed or document under which the scheme is made.
2. The scheme rules.
3. The contents of any document that supplements or alters in any way the information referred to in paragraphs 1 and 2.
4. The name and postal address and electronic address of every person who employs any member of the scheme in relevant employment.
5. A copy of the appropriate audited accounts or auditor’s statements prepared and audited in accordance with regulations made under Article 41 of the 1995 Order(42) (provision of documents for members).
6. If Part 4 of the 2005 Order applies, a copy of the certificate by the actuary under Article 206 of the 2005 Order (schedule of contributions) about the adequacy of the contributions payable towards the scheme.
7. Any of the information listed in Part 5 that applies.
8. The latest statement of funding principles where required under Article 202 of the 2005 Order.
9. Where Part 4 of the 2005 Order applies to the scheme, a copy of the last actuarial valuation referred to in Article 203 of the 2005 Order (actuarial valuations and reports) that the trustees or managers of the scheme have received.
10. Where Part 4 of the 2005 Order applies to the scheme, the latest actuarial report referred to in Article 203 of the 2005 Order that the trustees or managers of the scheme have received after the last actuarial valuation.
11. Any recovery plan prepared under Article 205 of the 2005 Order that is currently in force.
12. The latest payment schedule under Article 85 of the 1995 Order(43) (schedules of payments to money purchase schemes) or the latest schedule of contributions under Article 206 of the 2005 Order that relates to the employer of the member.
13. The latest statement of principles governing decisions about investments where required by Article 35(44) of the 1995 Order.
14. A summary of the winding up procedure under Article 210A(45) of the 2005 Order (requirements for winding up procedure).
15. Whether the member or prospective member is entitled to acquire transfer credits in exchange for—
(a)a specified cash equivalent (within the meaning of Chapter 4 of Part 4, or Chapter 2 of Part 4A(46), of the 1993 Act) provided by another scheme, or
(b)any transfer payment (within the meaning of Chapter 4 of Part 4, or Chapter 2 of Part 4A, of the 1993 Act) provided by another scheme.
16. A statement of any transfer credits referred to in paragraph 15 which the member or prospective member is entitled to acquire.
17. The names of the persons who are trustees of the scheme, and in the case of a scheme none of the trustees of which is an individual, the names of the directors of any company that is a trustee, during the scheme year to which the information relates (referred to in this Part as “the year”).
18. The provisions of the scheme in relation to the appointment of trustees and their removal from office and, in the case of a scheme none of the trustees of which is an individual, the provisions in the articles of association of each trustee that relate to the appointment and removal from office of any directors.
19. The names of the professional advisers and of such banks, custodians and other persons and organisations who have acted for or who have been retained by the trustees during the year, with an indication (except in a case where regulation 12 is complied with by the trustees of a scheme for the first time) of any changes since the previous year.
20. The postal address and electronic address to which enquiries about the scheme generally or about an individual’s entitlement to benefit should be sent.
21. The number of beneficiaries and active, deferred and pensioner members as at any one date during the year.
22. Except in the case of a money purchase scheme, the percentage increases made (otherwise than in accordance with a legislative requirement) during the year (or, if there have been different increases for different individuals or groups of individuals, the maximum, minimum and average percentage increases) to—
(a)pensions that were payable, and
(b)deferred pensions,
with a statement whether the increases were to any extent discretionary.
23. Except in the case of a money purchase scheme that is a wholly insured scheme, the following information—
(a)where any cash equivalents or guaranteed cash equivalents (within the meaning of Chapter 4 of Part 4, or Chapter 2 of Part 4A, of the 1993 Act) paid during the year were not calculated and verified in the manner prescribed by regulations made under section 93(47) or 97I of the 1993 Act (calculation of cash equivalents), as the case may be, a statement explaining why;
(b)where any of the cash equivalents or guaranteed cash equivalents paid during the year were less than the amount for which section 90(1)(48) of the 1993 Act (right to cash equivalent) provides, a statement to that effect together with information as to why they were less;
(c)a statement of when full values became, or are likely to become, available, and
(d)a statement whether discretionary benefits are included in the calculation of the transfer values and, if so, the method by which the value of discretionary benefits is assessed.
24. A statement as to whether the accounts have been prepared and audited in accordance with regulations made under Article 41(1) and (6) of the 1995 Order (unless the scheme is exempt from such requirements by virtue of those regulations).
25. If the auditor’s statement made in accordance with regulations made under Article 41(1)(a) and (2)(b) of the 1995 Order is negative or qualified, an account of the reasons why and a statement as to how the situation has been or is likely to be resolved.
26. If such situation as is mentioned in paragraph 25 in respect of a previous scheme year was not resolved in a previous year, a statement as to how it has been or is likely to be resolved.
27. Who has managed the investments of the scheme during the year and the extent of any delegation of this function by the trustees.
28. Whether the trustees have produced a statement of the principles governing decisions about investments for the purposes of the scheme in accordance with Article 35(49) of the 1995 Order (unless the scheme is exempt from such requirement by virtue of regulations made under that Article) and, where the trustees have produced such a statement, a statement that a copy is available on request.
29. Except in relation to a wholly insured scheme, a statement as to the trustees’ policy on the custody of the scheme assets.
30. Where the scheme is one to which Article 35 of the 1995 Order applies, an investment report containing—
(a)a statement by the trustees or the fund manager providing details of any investments made for the scheme during the year that were not made in accordance with the statement of investment principles governing decisions about investments required under Article 35 of the 1995 Order;
(b)where investments for the scheme have been made in the year that do not accord with the statement of investment principles governing decisions about investments required under Article 35 of the 1995 Order (or were made in a previous year and continued to be held at the end of the year), a statement by the trustees or the fund manager giving the reasons why and explaining what action, if any, it is proposed to take or has already been taken to remedy the position;
(c)a review of the investment performance of the scheme’s fund—
(i)during the year, and
(ii)except where the scheme has existed for less than 3 scheme years, during a period of not less than 3 and not more than 5 scheme years ending with the year,
including an assessment of the nature, disposition, marketability, security and valuation of the scheme’s assets;
(d)the trustees’ policy (if any) in relation to the rights (including voting rights) attaching to investments, and
(e)the extent (if at all) to which social, environmental or ethical considerations are taken into account in the selection, retention and realisation of investments.
31. A copy of any statement made on the resignation or removal of the auditor or actuary and made in accordance with regulations made under Article 47(6) of the 1995 Order (professional advisors).
32. Except where the scheme is a trust scheme that applies to earners in employments under different employers, where the scheme has employer-related investments (within the meaning of Article 40(2)(50) of the 1995 Order), a statement—
(a)as to the percentage of the scheme’s resources invested in such investments at the end of the year;
(b)if that percentage exceeds 5 per cent. as to the percentage of the scheme’s resources that are investments to which regulation 13 of the Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 2005(51) (investments to which restrictions do not apply) applies, and
(c)if any resources of the scheme are invested in contravention of paragraph (1) of Article 40 of the 1995 Order—
(i)as to the steps the trustees or managers of the scheme have taken or propose to take to secure that the scheme complies with that Article, and
(ii)as to the time when any proposed steps will be taken.
33.—(1) Where the scheme is a trust scheme that applies to earners in employments under different employers, a statement in accordance with paragraph 32 or a statement—
(a)listing the 100 largest investments by value held by the scheme as at the end of the year and stating what percentage of the resources of the scheme each such investment represents;
(b)identifying which of the investments referred to in head (a) are employer-related investments, and
(c)if, as at the end of the year, more than 5 per cent. of the resources of the scheme are invested in employer-related investments in contravention of Article 40(1) of the 1995 Order in relation to a particular employer—
(i)listing the employer-related investments and the name of the employer concerned;
(ii)as to the steps the scheme has taken or proposes to take to ensure that the percentage is reduced to 5 per cent. or less, and
(iii)as to the time when any proposed steps will be taken.
(2) In sub-paragraph (1) “employer-related investments” has the same meaning as in the definition in Article 40(2) of the 1995 Order but as if the following words in that definition were omitted—
(a)in paragraph (a) “or by any person who is connected with, or an associate of, the employer”, and
(b)“or any such person” in each place where they occur.
Regulation 15(1)
1. A summary that—
(a)explains the extent to which the assets of the scheme are adequate to cover its technical provisions, and
(b)is based on—
(i)the last actuarial valuation under Article 203 of the 2005 Order (actuarial valuations and reports) received by the trustees or managers of the scheme, and
(ii)any actuarial report under that provision they have received since that actuarial valuation.
2. In the case of the first summary funding statement issued in respect of the scheme, an explanation of the changes in the funding position of the scheme since—
(a)the last actuarial valuation of the scheme under Article 203(1)(a) of the 2005 Order, or
(b)if no such valuation was obtained, the last actuarial valuation under the scheme rules.
3. In the case of any subsequent summary funding statement, an explanation of any change in the funding position of the scheme since the date of the previous summary funding statement.
4. The actuary’s estimate of solvency contained in the last actuarial valuation under Article 203 of the 2005 Order received by the trustees or managers of the scheme.
5. A summary of any recovery plan prepared under Article 205 of the 2005 Order that is currently in force.
6. A statement explaining—
(a)whether the scheme has been modified under Article 210(2)(a) of the 2005 Order;
(b)whether the scheme is subject to directions by the Regulator under Article 210(2)(b) of the 2005 Order, and
(c)whether the scheme is bound by a schedule of contributions imposed by the Regulator under Article 210(2)(c) of the 2005 Order.
7. Where there has been a modification, directions or a schedule of contributions referred to in paragraph 6, a summary of the circumstances in which they were made.
8. A statement explaining whether any payment to the employer under Article 37(52) of the 1995 Order (payment of surplus to employer) has been made—
(a)in the case of the first summary funding statement issued in respect of the scheme, in the 12 months before the date on which that statement is prepared, and
(b)in the case of any subsequent summary funding statement issued in respect of the scheme, since the date of the last such statement.
9. Where a payment referred to in paragraph 8 has been made, the amount of that payment.
Regulation 16(2)
1. The amount of any benefits (and how they are calculated) that would be payable on a date specified by the trustees or managers of the scheme if the member of the scheme were to die in service.
2. One of the following amounts, chosen by the trustees or managers of the scheme, of the member’s benefits and survivors’ benefits calculated without regard to possible increases in the member’s salary—
(a)the amounts that would be payable from the date benefits are payable if pensionable service were to end on a date specified by the trustees or managers of the scheme;
(b)the amounts that would be payable from the date benefits are payable if pensionable service were to end on the member attaining normal pension age, or
(c)the amounts that would be payable from the date benefits are payable if pensionable service were to end on a date agreed between the member and the trustees or managers of the scheme.
3. The amount of the member’s pensionable remuneration on a date specified by the trustees or managers of the scheme.
4. The date on which the member’s pensionable service started.
5. A summary of the method for calculating the member’s benefits and any survivors’ benefits.
6. Details of how any deduction from benefits is calculated.
7. The date the member’s pensionable service ended.
8. The amount of the member’s benefits and survivors’ benefits payable from the date benefits are payable.
9. The amount of the member’s pensionable remuneration on the date pensionable service ended.
10. The amount of the member’s benefits and survivors’ benefits payable from the date benefits are payable.
11. A summary of the method for calculating the member’s benefits and any survivors’ benefits.
12. Details of how any deduction from benefits is calculated.
Regulation 17
1. The amount of contributions (before any deductions are made) credited to the member under the scheme during—
(a)in the case of an occupational pension scheme—
(i)the immediately preceding scheme year, and
(ii)the scheme year mentioned in regulation 17(9)(a) if—
(aa)contributions have been credited during that year, and
(bb)the information relating to that year has not been given, and
(b)in the case of a personal pension scheme, the 12 months immediately preceding a date specified by the managers of the scheme.
2. Where an occupational pension scheme was a contracted-out scheme at any time before the abolition date(53)—
(a)the date of birth used in determining the appropriate age-related percentage for the purposes of section 38A(54) of the 1993 Act (reduced rate of Class 1 contributions, and rebates);
(b)the name and postal address or electronic address of a person who can be contacted if the date of birth is incorrect, and
(c)the amount of the contributions referred to in paragraph 1 paid to the scheme in respect of the member during the scheme years referred to in that paragraph which is attributable to—
(i)the minimum payments made by the member’s employer;
(ii)any payments made by the Department in accordance with Article 9(1) of the Social Security (Northern Ireland) Order 1986(55) (schemes becoming contracted-out between 1986 and 1993);
(iii)any age-related payments made by HMRC in accordance with section 38A(3) of the 1993 Act.
3.—(1) Where a personal pension scheme was an appropriate scheme at any time before the abolition date—
(a)the date of birth used in determining the appropriate age-related percentage for the purposes of section 41(1)(56) of the 1993 Act (amount of minimum contributions);
(b)the name and postal address or electronic address of any person who can be contacted if the date of birth is incorrect, and
(c)the amount of the minimum contributions paid by HMRC in respect of the member during the 12 months preceding a specified date that are attributable to section 41(1) of the 1993 Act identifying separately that part of the contributions that is attributable to tax relief on the employee’s share of minimum contributions, being the difference between that share and the grossed-up equivalent of that share.
(2) In sub-paragraph (1)(c) the expressions “employee’s share” and “grossed-up equivalent” have the meanings given to them by section 202(3) and (4) of the Finance Act 2004(57) (minimum contributions under pensions legislation).
4. The value of the member’s accrued rights under the scheme at a date specified by the trustees or managers of the scheme.
5. Any cash equivalent in respect of the transfer of the member’s rights mentioned in paragraph 4 that would be different from the values to be specified, at the date specified, under that paragraph, calculated in accordance with—
(a)sections 93(58) and 97I of the 1993 Act (calculation of cash equivalents), in the case of an occupational pension scheme, or
(b)regulations 3 and 4 of the Personal Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1987(59) (calculation and verification and increases and reductions of cash equivalents), in the case of a personal pension scheme.
6. An illustration of the amount of the pension—
(a)that is calculated in accordance with paragraphs 7 and 8;
(b)an entitlement to which would be likely to accrue to the member, or be capable of being secured by the member, at the member’s retirement date, and
(c)in respect of rights to money purchase benefits that may arise under the scheme.
7.—(1) The amount referred to in paragraph 6 must be calculated—
(a)by reference to—
(i)the relevant guidance, and
(ii)the assumptions listed in paragraph 8;
(b)having regard to the value of the member’s accrued rights to money purchase benefits under the scheme on the illustration date.
(2) For the purposes of paragraph 6, the calculation of the amount of the pension may take account of a lump sum.
8.—(1) The assumptions are—
(a)where the calculation relates to the rights of a non-contributing member, that no contributions will be made to the scheme by the member, or on the member’s behalf, after the illustration date, or
(b)in any other case, that until the member’s retirement date—
(i)contributions to the scheme will be made by the member or on the member’s behalf, and
(ii)the scheme will maintain its tax registration under section 153 of the Finance Act 2004 (registration of pension schemes).
(2) In this paragraph “non-contributing member” means a member in respect of whom no further contributions to the scheme are due or expected after the illustration date.
9. A statement that the information given under this Part is given only for the purposes of illustration and that it does not represent any promise or guarantee as to the amount of benefit that may be receivable by the member or a beneficiary of the scheme under the scheme.
10. A statement of how the person to whom the information given under this Part relates may obtain from the trustees or managers of the scheme further details about that information.
11. A statement that general assumptions have been made.
12. A statement that any amounts in the information given under this Part are expressed in today’s prices.
13. The member’s retirement date used for the purposes of the information given under this Part.
14. The illustration date used for the purposes of the information given under this Part.
15. A statement that—
(a)assumptions have been made about the nature of the investments made for the purposes of the member’s money purchase benefits and their likely performance, and
(b)those assumptions may not correspond with the investments actually made for those purposes or their actual performance.
16. A statement that the amount of any pension payable under the scheme to, or in respect of, the member will depend on considerations (including the performance of investments and the cost of buying an annuity at the time the pension becomes payable) which may be different from any assumptions made.
17. A statement of any—
(a)assumptions made relating to future contributions to the scheme;
(b)assumptions made relating to the lump sum, the level of increases in the pension and the pension payable to the spouse or civil partner, and
(c)changes to the assumptions mentioned in sub-paragraph (b) that were used for the previous information given under paragraph 6.
Regulations 19 to 22 and 25(2)
1. A statement that the person has an opportunity to select an annuity.
2. A statement that the person has an opportunity to select the provider of the annuity.
3. A statement that different annuities have different features and different rates of payment including annuities that provide—
(a)the same payments every year;
(b)increasing payments every year;
(c)payments only for the person;
(d)payments for the person’s spouse or civil partner;
(e)a guarantee on the early death of the person.
4. Either—
(a)an explanation of the characteristic features of the annuities referred to in paragraph 3, or
(b)a copy of guidance giving that explanation that has been prepared or approved by the Regulator.
5. A statement that the person should consider taking advice about which annuity is most suitable for that person.
6. The amount of benefit that is payable.
7. If benefit is payable periodically—
(a)any conditions for continuing to make the payments, and
(b)any provisions which would allow the payments to be altered.
8. Any rights and options that persons have on the death of the member or beneficiary of the scheme.
9. Any procedures for exercising the rights and options referred to in paragraph 8.
10. The provisions (or, as the case may be, a statement that there are no provisions) under which the pension payable to the survivor of a member or beneficiary of the scheme may or will be increased and the extent to which such increases are dependent on the exercise of a discretion.
Regulations 23(3), 24(2) and 25(2)
1. A statement that the scheme is being wound up.
2. The reasons why the scheme is being wound up.
3. Where Article 22(60) of the 1995 Order (circumstances in which following provisions apply) applies, a statement that at least one of the trustees of the scheme is required to be an independent person by Article 23(61) of that Order.
4. In the case of active members, whether death in service benefits will continue to be payable.
5. A summary of the action that is being taken, and that has been taken, to—
(a)establish the scheme’s liabilities, and
(b)recover any assets.
6. An estimate of when—
(a)the scheme’s liabilities are likely to be established, and
(b)any assets are likely to be recovered.
7. Either—
(a)an indication of the extent to which (if at all) the actuarial value of accrued rights or benefits are likely to be reduced, or
(b)a statement that there is insufficient information to provide such an indication.
8. Whether the member or beneficiary’s benefits are reduced because the scheme’s resources are not sufficient to meet its liabilities.
9. The amount of any reduction of the member’s, or beneficiary’s, benefits.
10. Who has or will become liable for the payment of the member’s, or beneficiary’s, benefits.
11.—(1) The amount of—
(a)contributions (before the making of any deductions), including a nil amount, credited to the member under the scheme during the period of 12 months preceding a date specified by the managers of the scheme, and
(b)where the scheme was, at any time before the abolition date, an appropriate scheme, the minimum contributions paid by HMRC in respect of the member in that 12 month period that is attributable to section 41(1) of the 1993 Act identifying separately that part of the contributions that is attributable to tax relief on the employee’s share of minimum contributions, being the difference between that share and the grossed-up equivalent of that share.
(2) In sub-paragraph (1)(b) the expressions “employee’s share” and “grossed-up equivalent” have the meanings given to them by section 202(3) and (4) of the Finance Act 2004 (minimum contributions under pensions legislation).
12. At a date specified by the managers of the scheme—
(a)the value of the member’s accrued rights under the scheme, and
(b)if different, the value of the cash equivalent calculated in accordance with regulations 3 and 4 of the Personal Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1987 (calculation and verification and increases and reductions of cash equivalents).
13. The options available to a member for preserving, transferring or otherwise disposing of the member’s accrued rights under the scheme.
14. An account of the amount by which the member’s accrued rights have been reduced and of the action taken by the managers of the scheme, or which is open to the member to take, in order, so far as may be possible, to restore the value of the member’s accrued rights under the scheme.
15. Where a report has been made to the Regulator under Article 72A(62) of the 1995 Order (reports to Authority about winding up), a copy of that report.
16. An estimate of the amount of the member’s and beneficiary’s benefits that are expected to be payable from normal pension age or death.
Regulation 31
1. In the Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991(63)—
(a)in regulation 1 (interpretation) after paragraph (3)(64) add—
“(4) Any information or documents required to be furnished under these Regulations to a person, may be given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).”;
(b)in regulation 9(6)(c)(65) (bought out benefits) for the words from “and the notice” to “his last known address” substitute “(the notice being sent to the member in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”.
2. In regulation 3(3) of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996(66) (notices by employers of intended election)—
(a)in sub-paragraph (a) for head (i) substitute—
“(i)sending it to the earner in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents);
(ia)delivering it to the earner, or”;
(b)for sub-paragraph (b) substitute—
“(b)to any other person, by—
(i)sending it to that person in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents), or
(ii)delivering it to that person.”.
3. In regulation 11 of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996(67) (disclosure) after paragraph (6) add—
“(7) The trustees may provide any information or notification under this regulation in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).”.
4. In the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996(68)—
(a)in regulation 7 (requirements applicable to notices of discharge under regulation 6) after paragraph (10) add—
“(11) A discharge notice and any notice under paragraph (3) may be given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).”;
(b)in regulation 11(2) (records and information) after “in writing” insert “in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”.
5. In the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations (Northern Ireland) 1997(69)—
(a)in regulation 2 (requirement of trustees or managers to obtain documents) after paragraph (2)(70) insert—
“(2AA) Information may be made available under paragraph (2) in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).”;
(b)in the Schedule (contents of accounts audited by the auditor of the scheme)—
(i)in paragraph 5(71) for “Where the” substitute “Except in relation to a trust scheme that applies to earners in employments under different employers, where the”;
(ii)after paragraph 5 insert—
“5A.—(1) Where the scheme is a trust scheme that applies to earners in employments under different employers, a statement in accordance with paragraph 5 or a statement—
(a)listing the 100 largest investments by value held by the scheme at the end of the scheme year and stating what percentage of the resources of the scheme each such investment represents;
(b)identifying which of the investments mentioned in head (a) are employer-related investments;
(c)if, as at the end of the scheme year, more than 5 per cent. of the resources of the scheme are invested in employer-related investments in contravention of Article 40(1)(72) of the Order, listing the employer-related investments and the employer concerned.
(2) In sub-paragraph (1), “employer-related investments” has the same meaning as in the definition in Article 40(2) of the Order but as if the following words in that definition were omitted—
(a)in paragraph (a) “or by any person who is connected with, or an associate of, the employer”; and
(b)“or any such person” in each place where they occur.”.
6. In regulation 6(5)(b)(ii) of the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997(73) (further conditions on which liability may be discharged) for the words from “the notice,” to “last known address” substitute “the notice to the widow, widower or surviving civil partner in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”.
7. After regulation 10 of the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000(74) (provision of information after receipt of an earmarking order) add—
11.—(1) Subject to paragraph (2), a person required to provide information under regulation 2, 4, 6, 7, 8 or 10 must provide that information in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).
(2) Information may be provided to the court by means of an electronic communication only where the court has given its permission.
(3) In this regulation “electronic communication” has the meaning given by section 4(1) of the Electronic Communications Act (Northern Ireland) 2001(75).”.
8. In the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000(76)—
(a)in regulation 1(5) for “Without” substitute “Subject to the following provisions of these Regulations, without”;
(b)in regulation 8(6)(a) (bought out benefits) for “sent to that person at his last known address” substitute “given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”;
(c)in regulation 10(5)(a) (transfer of a person’s pension credit rights without consent) for “sent to that person at his last known address” substitute “given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”;
(d)in regulation 15(5)(b) (further conditions on which liability may be discharged) for “sent to that person at his last known address” substitute “given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2014 (giving information and documents)”.
9. In the Stakeholder Pension Schemes Regulations (Northern Ireland) 2000(77)—
(a)in regulation 1(3) (interpretation)—
(i)in the definition of “non-contributing member”(78)—
(aa)omit paragraph (a);
(bb)in paragraph (b) omit “in relation to a personal pension scheme,”;
(ii)for the definition of “the relevant guidance”(79) substitute—
““relevant guidance” means the document entitled “AS TM1: Statutory Money Purchase Illustrations” that is adopted or prepared, and from time to time revised, by the Financial Reporting Council Limited(80);”;
(b)in regulation 18(7)(81) (disclosure of information to members)—
(i)in sub-paragraph (a) for “manager;” substitute “manager, and”;
(ii)in sub-paragraph (b)(ii) for “delivered, and” substitute “delivered.”;
(iii)omit sub-paragraph (c);
(c)in regulation 18A—
(i)in paragraph (1) for “Where a” substitute “Subject to paragraph (1A), where a”;
(ii)after paragraph (1) insert—
“(1A) The information mentioned in paragraph (1) need not but may, nevertheless, be given in respect of a statement year where—
(a)the statement year is the first to end on or after the date the person became a member of the scheme, and
(b)the end of that statement year falls at a time when—
(i)no contributions have been credited to the scheme in respect of the person, or
(ii)the person has the right to opt out of the scheme under section 8 of the Pensions (No. 2) Act (Northern Ireland) 2008(82) (jobholder’s right to opt out).
(1B) Where—
(a)the information is not provided to the person by virtue of paragraph (1A), and
(b)contributions have been credited in respect of the member in respect of the statement year mentioned in paragraph (1A)(a),
it must be provided no later than the information that relates to the next following statement year.”;
(iii)after paragraph (2) insert—
“(2A) For the purposes of paragraph (2), the calculation of the amount of the pension mentioned in that paragraph may take account of a lump sum.”;
(iv)in paragraph (4)—
(aa)in sub-paragraph (c)(iii) for “behalf;” substitute “behalf, or”;
(bb)in sub-paragraph (d)(iii) for “date, or” substitute “date.”;
(cc)omit sub-paragraph (e);
(d)in regulation 18B(83)—
(i)in paragraph (1)(b) omit the words from “and about annuities” to “relevant guidance”;
(ii)omit paragraphs (3) and (4);
(e)in regulation 18C (service of information by a scheme) for paragraph (4) substitute—
“(4) Where—
(a)a member or beneficiary was a member or beneficiary of the scheme on 1st December 2010, and
(b)relevant information was not given by the trustees or manager of the scheme before that date by the methods described in paragraph (1)(b),
relevant information may not be furnished or given to the member or beneficiary in accordance with paragraph (1)(b) unless the trustees or manager of the scheme have given that member or beneficiary the written notice referred to in paragraph (5).
(4A) The written notice mentioned in paragraph (4) must not be given by the methods mentioned in paragraph (1)(b).”;
(f)in regulation 18E (provision of information on a website)—
(i)in paragraph (1) for “This regulation sets” substitute “This regulation and regulation 18F set”;
(ii)for paragraph (2) substitute—
“(2) When a website is used for the first time to make available relevant information, a notification must be given to the recipient.”;
(iii)for paragraph (4) substitute—
“(4) Subject to regulation 18F, each time a website is used at a subsequent time to make available information or documents, a notification must be given to the recipient.
(4A) The notification referred to in paragraph (4) must state that the information or document is available on the website.
(4B) The notifications mentioned in paragraphs (2) and (4) must not be given by making them available on a website.”;
(iv)omit paragraph (6);
(v)in paragraph (7) after “this regulation” insert “and regulation 18F”;
(g)after regulation 18E insert—
18F.—(1) The notification mentioned in regulation 18E(4) need not be given where paragraphs (2) to (4) of this regulation are satisfied.
(2) This paragraph is satisfied where—
(a)the trustees or manager of the scheme have given the recipient at least 2 documents by either of the following methods—
(i)given by hand, or
(ii)sent to the recipient’s last known postal address, and
(b)each of those documents—
(i)asks the recipient to give that recipient’s electronic address to the trustees or manager of the scheme except where the trustees or manager of the scheme do not have the facility for sending information or documents to that address, and
(ii)states that the recipient may request in writing that information or documents are not given by means of an electronic communication.
(3) This paragraph is satisfied where—
(a)paragraph (2) is satisfied, and
(b)the trustees or manager of the scheme have given the recipient, by either of the methods mentioned in paragraph (2)(a), a further document that—
(i)meets the requirements of paragraph (2)(b), and
(ii)states that further information and documents will be available to read on the website and that no further notifications will be sent to the recipient.
(4) This paragraph is satisfied where—
(a)paragraphs (2) and (3) are satisfied, and
(b)the trustees or manager of the scheme—
(i)do not know the recipient’s electronic address or do not have the facility for sending information or documents to that address, and
(ii)have not received a written request that information or documents are not given to the recipient by means of an electronic communication.
(5) Where the information to be made available is that required by regulation 18A(1), the notification referred to in regulation 18E(4) need only be given as required by regulation 18A(1).”,
(h)in paragraph 6 of Schedule 3(84) (information for members)—
(i)in sub-paragraph (c) for “scheme, and” substitute “scheme;”;
(ii)for sub-paragraph (d) substitute—
“(d)a statement of any assumptions made relating to the lump sum, the level of increases in the pension and the pension payable to the spouse or civil partner, and
(e)a statement of any changes to the assumptions mentioned in sub-paragraph (d) that were used for the previous information given under regulation 18A(2).”.
10. In regulation 5A of the Personal Pension Schemes (Payments by Employers) Regulations (Northern Ireland) 2000(85) (the issue of payment statements to an employee) after paragraph (5) add—
“(6) A statement referred to in paragraph (1) may be issued in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).”.
11. In regulation 7 of the Occupational Pension Schemes (Winding Up Notices and Reports, etc.) Regulations (Northern Ireland) 2002(86) (applications to the Authority to modify schemes to secure winding up)—
(a)in paragraph (3) for sub-paragraph (a) substitute—
“(a)to all members of the scheme (except a member mentioned in paragraph (3A)) in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents), and”;
(b)after paragraph (3) insert—
“(3A) A member referred to in paragraph (3)(a) is a member—
(a)whose present postal address and electronic address are not known to the trustees or managers of the scheme, and
(b)in respect of whom the trustees or managers of the scheme have sent correspondence to that member’s last known—
(i)postal address and that correspondence has been returned, or
(ii)electronic address and the trustees or managers of the scheme are satisfied that that correspondence has not been delivered.”.
12. In regulation 13 of the Occupational Pension Schemes (Independent Trustee) Regulations (Northern Ireland) 2005(87) (disclosure requirements and penalty) after paragraph (8) add—
“(9) The appointed trustee may give any information under this regulation in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).”.
13. In the Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 2005(88)—
(a)in regulation 6(6) (adjustments to discretionary awards) for “given by post” substitute “given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”;
(b)in regulation 7(6) (adjustments to survivors’ benefits) for “given by post” substitute “given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).”.
14. In regulation 11 of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006(89) (requirement to provide information) after paragraph (2) add—
“(3) Information provided under this regulation may be provided in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).”.
15. In the Occupational Pension Schemes (Payments to Employer) Regulations (Northern Ireland) 2006(90)—
(a)in regulation 10 (notification to members) after paragraph (3) add—
“(4) The trustees of the scheme may give the notice mentioned in paragraph (1) and provide a copy of the relevant valuation certificate mentioned in paragraph (2) in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).”;
(b)in regulation 15 (notice of proposal to distribute excess assets to the employer) after paragraph (5) add—
“(6) A notice under this regulation may be sent in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).”.
16. In regulation 20 of the Pensions (2008 Act) (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Provisions) Regulations (Northern Ireland) 2012(91) for paragraph (4) (amendment of the Stakeholder Pension Schemes Regulations) substitute—
“(4) In Schedule 3 (information for members)—
(a)in paragraph 1 omit sub-paragraph (d);
(b)in paragraph 2 omit sub-paragraphs (e), (f) and (g).”.
Regulation 32
| Column (1) | Column (2) | Column (3) |
|---|---|---|
| Citation | Reference | Extent of evocation |
| The Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987 | S.R. 1987 No. 288 | The whole Regulations |
| The Personal and Occupational Pension Schemes (Tax Approval and Miscellaneous Provisions) Regulations (Northern Ireland) 1988 | S.R. 1988 No. 107 | Regulation 6 |
| The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1992 | S.R. 1992 No. 304 | Regulations 18 to 24 |
| The Occupational and Personal Pension Schemes (Consequential Amendments) Regulations (Northern Ireland) 1994 | S.R. 1994 No. 300 | Paragraph 13 of Schedule 2 |
| The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1995 | S.R. 1995 No. 7 | Regulation 5 |
| The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 | S.R. 1996 No. 95 | Regulation 3 |
| The Personal Pension Schemes (Appropriate Schemes and Disclosure of Information) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 | S.R. 1996 No. 508 | Regulation 2 |
| The Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997 | S.R. 1997 No. 98 | The whole Regulations |
| The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1997 | S.R. 1997 No. 160 | Paragraphs 1 and 19 of the Schedule |
| The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1999 | S.R. 1999 No. 486 | Regulations 13 and 15 |
| The Stakeholder Pension Schemes Regulations (Northern Ireland) 2000 | S.R. 2000 No. 262 | Regulations 26 and 31 |
| The Pension Sharing (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2000 | S.R. 2000 No. 335 | Regulations 2 and 5 |
| The Personal Pension Schemes (Payments by Employers) Regulations (Northern Ireland) 2000 | S.R. 2000 No. 349 | Regulation 1(5) |
| The Occupational Pension Schemes (Winding Up Notices and Reports, etc.) Regulations (Northern Ireland) 2002 | S.R. 2002 No. 74 | Regulation 14 |
| The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2002 | S.R. 2002 No. 410 | Regulations 2, 3 and 4(2)(c) |
| The Social Security and Pensions (Financial Services and Markets Act 2000) (Consequential Amendments) Regulations (Northern Ireland) 2003 | S.R. 2003 No. 256 | Regulation 2 |
| The Personal and Occupational Pension Schemes (Indexation and Disclosure of Information) (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 | S.R. 2005 No. 170 | Regulations 17 to 20 |
| The Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 2005 | S.R. 2005 No. 171 | Paragraph 10 of the Schedule |
| The Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 2005 | S.R. 2005 No. 568 | Paragraphs 6 and 7 of Schedule 3 |
| The Occupational Pension Schemes (Republic of Ireland Schemes Exemption (Revocation) and Tax Exempt Schemes (Miscellaneous Amendments)) Regulations (Northern Ireland) 2006 | S.R. 2006 No. 65 | Regulation 3 |
| The Occupational Pension Schemes (Winding up Procedure Requirement) Regulations (Northern Ireland) 2006 | S.R. 2006 No. 297 | Regulation 3 |
| The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 | S.R. 2007 No. 185 | Regulations 2, 8 and 13(3) |
| The Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 | S.R. 2008 No. 116 | Regulation 6(2) |
| The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 | S.R. 2009 No. 115 | Regulation 9 |
| The Occupational, Personal and Stakeholder Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2010 | S.R. 2010 No. 373 | Regulations 2 and 3 |
| The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 | S.R. 2011 No. 89 | Regulation 2 |
| The Pensions (2008 Act) (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Provisions) Regulations (Northern Ireland) 2012 | S.R. 2012 No. 120 | Regulations 4, 8, 13(4), 15, 16, 17 and 19 |
| The Pensions (Financial Reporting Council) (Amendment) Regulations (Northern Ireland) 2012 | S.R. 2012 No. 294 | Paragraphs 1, 6 and 7 of the Schedule |
| The Occupational Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2012 | S.R. 2012 No. 331 | The whole Regulations |
(This note is not part of the Regulations)
These Regulations impose requirements on occupational pension schemes and personal pension schemes relating to the provision of information. They replace the Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987 and the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997 which are now revoked. The provisions of those Regulations which are carried forward are consolidated and amended.
Part 1 contains general provisions. Regulation 2 provides for interpretation. Regulation 3 makes provision relating to recognised trades unions. Regulation 4 sets out the application of the Regulations and indicates which of the duties apply in particular cases. Regulation 5 provides for the imposition of civil penalties for breach of duty by an occupational pension scheme.
Part 2 contains provisions concerning the information that must be given at the initial stage of membership of a pension scheme.
Part 3 contains provision concerning the information that must be given when there are changes to pension schemes.
Part 4 contains provision concerning information that must be given on request.
Part 5 contains provision concerning information that must be given relating to the funding of schemes and the benefits that the schemes may provide.
Part 6 contains provision concerning the information that must be given when the benefits from the scheme are to be accessed.
Part 7 contains provision concerning the information that must be given when the pension in payment changes.
Part 8 contains provisions concerning the information that must be given when schemes are winding up.
Part 9 contains provisions concerning the giving of information or documents required to be given under the Regulations.
Part 10 makes consequential amendments and revocations.
As these Regulations, in so far as they are made under Part 2 of the Pensions (Northern Ireland) Order 1995 (“the 1995 Order”) and Part 5 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (“the 1999 Order”), make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Work and Pensions in relation to Great Britain, the requirement for consultation does not apply by virtue of Article 117(2)(e) of the 1995 Order and Article 73(9) of the 1999 Order.
An assessment of the impact of these Regulations is detailed in a Regulatory Impact Assessment, a copy of which has been laid in the Business Office and the Library of the Northern Ireland Assembly. Copies of the Assessment are available from the Department for Social Development, Social Security Policy and Legislation Division, Level 1, James House, 2-4 Cromac Avenue, Gasworks Business Park, Ormeau Road, Belfast BT7 2JA or from the website: http://www.dsdni.gov.uk/index/ssa/ssani-publications/ssani-pensions-publications.htm. A copy of the Assessment is also annexed to the Explanatory Memorandum which is available alongside this Statutory Rule on the website: http://www.legislation.gov.uk/nisr.
1993 c. 49; section 109 was amended by section 48 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)), paragraph 13 of Schedule 10 to the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I.1)), paragraph 4 of Schedule 5 to the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.)) and paragraph 15 of the Schedule to S.R. 2005 No. 434; section 164 was substituted by Article 151(1) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and subsection (4) was amended by paragraph 22 of Schedule 10 to the Pensions (Northern Ireland) Order 2005; section 178(1) was amended by Parts 3 and 4 of Schedule 5 to the Pensions (Northern Ireland) Order 1995
S.I. 1995/3213 (N.I. 22); Article 41 was amended by paragraph 10(1) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, paragraph 46 of Schedule 10, and Schedule 11, to the Pensions (Northern Ireland) Order 2005 and paragraph 22 of the Schedule to S.R. 2005 No. 434
S.I. 1999/3147 (N.I. 11); Article 21(1) was amended by paragraph 108 of Schedule 29 to the Civil Partnership Act 2004 (c. 33)
See Article 8(b) of S.R. 1999 No. 481
2001 c. 9 (N.I.); the definition of “electronic communication” in section 4(1) was amended by paragraph 170 of Schedule 17 to the Communications Act 2003 (c. 21)
The definition of “member” was amended by paragraph 50(2) of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999
The Pensions Regulator can be contacted at Napier House, Trafalgar Place, Brighton BN1 4DW or at www.thepensionsregulator.gov.uk
The Financial Reporting Council can be contacted at 5th Floor, Aldwych House, 71-91 Aldwych, London WC2B 4HN and at www.frc.org.uk
2004 c. 12; section 153 was amended by paragraphs 2 and 3 of Schedule 10 to the Finance Act 2005 (c. 7)
See section 1 of the Pension Schemes (Northern Ireland) Act 1993
S.I. 1972/1073 (N.I. 10); Article 9 was amended by Article 34 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I. 18))
Article 3 was amended by Article 262(3) of the Pensions (Northern Ireland) Order 2005, Article 16(2) of S.I. 2006/745 and paragraph 37(a) of Schedule 4 to the Pensions Act (Northern Ireland) 2008
S.R. 2010 No. 122 to which there are amendments not relevant to these Regulations
Article 4 was amended by paragraph 67 of Schedule 10, and Schedule 11, to the Pensions (Northern Ireland) Order 2005 and paragraph 38 of Schedule 4 to the Pensions Act (Northern Ireland) 2008
See section 175 of the Pension Schemes (Northern Ireland) Act 1993
S.R. 1996 No. 621; regulation 2 was amended by paragraph 1 of the Schedule to S.R. 2005 No. 171
Paragraphs (4) and (5) were added by section 45(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by paragraph 63(3) and (4) of Schedule 10 to the Pensions (Northern Ireland) Order 2005
1988 c.1; sections 590 and 591 were repealed by Schedule 42 to the Finance Act 2004
Section 611A was inserted by paragraph 15 of Schedule 6 to the Finance Act 1989 (c. 26) and repealed by Schedule 42 to the Finance Act 2004
Chapter 4 of Part 14 was repealed by Schedule 42 to the Finance Act 2004
Article 265 was amended by regulation 5(5) and (6) of S.R. 2007 No. 457
See Article 263 of the Pensions (Northern Ireland) Order 2005
See section 1 of the Pension Schemes (Northern Ireland) Act 1993
2004 c. 12; section 153 was amended by paragraphs 2 and 3 of Schedule 10 to the Finance Act 2005
Chapter 5 was inserted by Article 241 of the Pensions (Northern Ireland) Order 2005
The Pensions Advisory Service can be contacted at 11 Belgrave Road, London SW1V 1RB or at www.pensionsadvisoryservice.org.uk
The Pensions Ombudsman is appointed under section 145(2) of the Pension Schemes Act 1993 (c. 48) and can be contacted at 11 Belgrave Road, London SW1V 1RB or at www.pensions-ombudsman.org.uk
Section 4 was amended by Article 133(2) of, and paragraph 16 of Schedule 3 to, the Pensions (Northern Ireland) Order 1995, paragraph 37 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), paragraph 3 of Schedule 4 to the Pensions Act (Northern Ireland) 2008, paragraph 8 of Schedule 7 to the Pensions (No. 2) Act (Northern Ireland) 2008 and paragraph 2 of Schedule 1 to S.R. 2005 No. 433
Article 50 was substituted by Article 250 of the Pensions (Northern Ireland) Order 2005
Article 41 was amended by paragraph 10(1) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, paragraph 46 of Schedule 10 and Schedule 11 to the Pensions (Northern Ireland) Order 2005 and paragraph 22 of the Schedule to S.R. 2005 No. 434
Article 85 was amended by the paragraph 58 of Schedule 10 to the Pensions (Northern Ireland) Order 2005
Article 35 was substituted by Article 221 of the Pensions (Northern Ireland) Order 2005
Article 210A was inserted by regulation 2 of S.R. 2006 No. 297
Part 4A was inserted by Article 34 of the Welfare Reform and Pensions (Northern Ireland) Order 1999
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. Section 97I was inserted by Article 34 of the Welfare Reform and Pensions (Northern Ireland) Order 1999
Section 90 was amended by Article 150 of the Pensions (Northern Ireland) Order 1995, paragraph 24 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph 9 of Schedule 10 to the Pensions (Northern Ireland) Order 2005
Article 35 was substituted Article 221 of the Pensions (Northern Ireland) Order 2005
Article 40 was amended by paragraph 45 of Schedule 10 to the Pensions (Northern Ireland) Order 2005, Article 152(2) of S.I. 2001/3649 and Article 26 of S.I. 2004/355
S.R. 2005 No. 569; regulation 13 was amended by regulation 7 of S.R. 2006 No. 141
Article 37 was substituted by Article 227 of the Pensions (Northern Ireland) Order 2005 and amended by section 105 of the Pensions (No. 2) Act (Northern Ireland) 2008
The date appointed for the coming into operation of section 13(1) of the Pensions Act (Northern Ireland) 2008 was 6th April 2012
Section 38A was inserted by Article 134(4) of the Pensions (Northern Ireland) Order 1995 and amended by paragraph 96 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10), paragraph 52 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, paragraph 7 of Schedule 10 to the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 42 of Schedule 1 to the National Insurance Contributions Act 2002 (c. 19), paragraph 17 of Schedule 4 to the Pensions Act (Northern Ireland) 2008, paragraph 11 of Schedule 7 to the Pensions (No. 2) Act (Northern Ireland) 2008 and Article 4(8) of S.R. 2012 No. 124
S.I. 1986/1888 (N.I. 18); Article 9 was repealed by Part 1 of Schedule 4 to the Pension Schemes (Northern Ireland) Act 1993; see also paragraph 21 of Schedule 5 to that Act
Section 41 was amended by Article 135(2) to (4) of, and Part 3 of Schedule 5 to, the Pensions (Northern Ireland) Order 1995, paragraph 56 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, paragraph 21 of Schedule 4 to the Pensions Act (Northern Ireland) 2008 and paragraph 12 of Schedule 7 to the Pensions (No. 2) Act (Northern Ireland) 2008
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. Section 97I was inserted by Article 34 of the Welfare Reform and Pensions (Northern Ireland) Order 1999
S.R. 1987 No. 290; regulations 3 and 4 were substituted by paragraph 1(3) and (4) of Schedule 2 to S.R. 2008 No. 370 and regulation 3 was amended by regulation 2 of S.R. 2008 No. 388
Article 22 was amended by Article 32(2) of, and paragraph 34 of Schedule 10 to, the Pensions (Northern Ireland) Order 2005 and paragraph 158 of Schedule 1 to S.I. 2009/1941
Article 23 was substituted by Article 32(3) of the Pensions (Northern Ireland) Order 2005
Article 72A was inserted by section 45(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by Schedule 11 to the Pensions (Northern Ireland) Order 2005
S.R. 1991 No. 37; relevant amending provisions are S.R. 1994 No. 300 and S.R. 2012 No. 124
Paragraph (3) was substituted by paragraph 26(3) of Schedule 2 to S.R. 1994 No. 300
Regulation 9(6) was amended by paragraph 26(12) of Schedule 2 to S.R. 1994 No. 300 and Article 11 of S.R. 2012 No. 124
S.R. 1996 No. 493 to which there are amendments not relevant to these Regulations
S.R. 1996 No. 619; regulation 11(6) was amended by regulation 6 of S.R. 2009 No. 115
S.R. 1996 No. 621 to which there are amendments not relevant to these Regulations
S.R. 1997 No. 40; relevant amending Regulations are S.R. 1997 No. 544, S.R. 2005 No. 421 and S.R. 2006 No. 141
Paragraph (2) was substituted by regulation 2(3)(b) of S.R. 2005 No. 421
Paragraph 5 was substituted by regulation 6 of S.R. 1997 No. 544 and was amended by regulation 2 of S.R. 2006 No. 141
Article 40 was amended by paragraph 45 of Schedule 10 to the Pensions (Northern Ireland) Order 2005, Article 152(2) of S.I. 2001/3649 and Article 26 of S.I. 2004/355
S.R. 1997 No. 159; regulation 6 was amended by paragraph 42 of Schedule 2 to S.R. 2005 No. 433
S.R. 2000 No. 142 to which there are amendments not relevant to these Regulations
2001 c. 9 (N.I.); the definition of “electronic communication” in section 4(1) was amended by paragraph 170 of Schedule 17 to the Communications Act 2003 (c. 21)
S.R. 2000 No. 146 to which there are amendments not relevant to these Regulations
S.R. 2000 No. 262; relevant amending provisions are S.R. 2002 No. 410, S.R. 2008 No. 365, S.R. 2010 No. 373 and S.R. 2012 Nos. 120 and 294
The definition of “non-contributing member” was inserted by regulation 4(2)(c) of S.R. 2002 No. 410
The definition of “relevant guidance” was substituted by paragraph 1 of the Schedule to S.R. 2008 No. 365 and amended by paragraph 7(b) of the Schedule to S.R. 2012 No. 294
The Financial Reporting Council can be contacted at 5th Floor, Aldwych House, 71-91 Aldwych, London WC2B 4HN and at www.frc.org.uk
Regulations 18 to 18E were substituted for regulation 18 by regulation 4(6) of S.R. 2010 No. 373
Regulation 18B was amended by regulation 13(3) of S.R. 2012 No. 120
Schedule 3 was added by Schedule 1 to S.R. 2010 No. 373 and paragraph 6 was amended by regulation 13(4) of S.R. 2012 No. 120
S.R. 2000 No. 349; regulation 5A was inserted by regulation 6 of S.R. 2006 No. 141
S.R. 2002 No. 74 to which there are amendments not relevant to these Regulations
S.R. 2005 No. 169; regulation 13 was amended by regulation 15 of S.R. 2009 No. 115
S.R. 2005 No. 171 to which there are amendments not relevant to these Regulations
S.R. 2006 No. 48 to which there are amendments not relevant to these Regulations
S.R. 2006 No. 161 to which there are amendments not relevant to these Regulations