- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Pensions (Northern Ireland) Order 2005 No. 255
PART II THE PENSIONS REGULATOR
New powers in respect of occupational and personal pension schemes
Powers in relation to winding up of occupational pension schemes
Articles 34 to 52: partnerships and limited liability partnerships
PART III THE BOARD OF THE PENSION PROTECTION FUND
CHAPTER 2 INFORMATION RELATING TO EMPLOYER'S INSOLVENCY ETC.
Circumstances in which Board assumes responsibility for eligible schemes
CHAPTER 5 GATHERING INFORMATION
CHAPTER 6 REVIEWS, APPEALS AND MALADMINISTRATION
PART VI OCCUPATIONAL AND PERSONAL PENSION SCHEMES: MISCELLANEOUS PROVISIONS
Deficiency in assets of certain occupational pension schemes
PART VII CROSS-BORDER ACTIVITIES WITHIN EUROPEAN UNION
UK occupational pension scheme receiving contributions from European employer
263.Occupational pension scheme receiving contributions from European employer
264.General authorisation to accept contributions from European employers
266.Notification of legal requirements of host member State outside United Kingdom
267.Duty of trustees or managers to act consistently with law of host member State
European occupational pension scheme receiving contributions from UK employer
PART IX MISCELLANEOUS AND SUPPLEMENTARY
SCHEDULES
THE RESERVED REGULATORY FUNCTIONS
PART 2 FUNCTIONS UNDER THE 1995 ORDER
4.The power to make an order under Article 3(1) prohibiting...
6.The power to make an order under Article 4(1) suspending...
7.The power to make an order under Article 4(2) extending...
13.The power to give directions to trustees under Article 15....
14.The power under Article 29(5) to give a notice waiving...
15.The power under Article 30(2) to exercise by order the...
17.The power to make an order under Article 67H(2) prohibiting,...
18.The power to make an order under Article 69 authorising...
19.The power to make an order under Article 71A modifying...
PART 4 FUNCTIONS UNDER THIS ORDER
22.The power to make an order under Article 16(10) permitting...
23.The power to make a repatriation order under Article 17....
25.The power to make an order under Article 21(3) extending...
26.The power to make an order under Article 22 validating...
29.The power to make an order under Article 27(3) directing...
30.The power to issue a contribution notice under Article 34....
32.The power to issue a revised contribution notice under Article...
33.The power to issue a financial support direction under Article...
34.The power to issue a contribution notice under Article 43....
36.The power to issue a revised contribution notice under Article...
37.The power to make a restoration order under Article 48....
38.The power to issue a contribution notice under Article 51....
39.The power to issue a notice under Article 66 requiring...
40.The power to make a direction under Article 71(8) extending...
41.The power to make a direction under Article 73(10) extending...
42.The power to make an order under Article 210 modifying...
43.The power to issue a ring-fencing notice under Article 268....
PENSION COMPENSATION PROVISIONS
Active members who have not attained normal pension age at assessment date
Deferred members who have not attained normal pension age at assessment date
15.(1) Compensation is payable in accordance with this paragraph where,...
16.(1) This paragraph applies for the purposes of paragraph 15(4)(b)....
17.(1) This paragraph applies for the purposes of paragraph 15(4)(c)....
18.(1) This paragraph applies where— (a) the deferred member dies...
19.(1) Compensation is payable in accordance with this paragraph where,...
Compensation in respect of scheme right to transfer payment or contribution refund
Pension credit members who have not attained normal benefit age at assessment date
Survivors who do not meet conditions for scheme benefits at assessment date
Special provision in relation to certain pensions in payment before the assessment date
Short periods of service which terminate on commencement of assessment period
Power to modify Schedule in its application to certain schemes
1.The issue of a determination notice under Article 107 approving...
2.The failure to issue a determination notice under Article 107....
5.Any direction given under paragraph (2) of Article 118 (directions...
8.The failure by the Board to obtain an actuarial valuation...
10.The issue of, or failure to issue, a withdrawal notice...
11.The issue of, or failure to issue, a withdrawal notice...
12.The issue of, or failure to issue, a determination notice...
13.The issue of, or failure to issue, a determination notice...
14.Any direction given under Article 138(7) (directions about winding up...
16.Any determination by the Board of a person’s entitlement to...
18.Any determination by the Board under Article 164(3)(a) (the eligible...
19.The amount of the initial levy or any pension protection...
20.The making of a fraud compensation payment under Article 165(1),...
22.Any settlement date determined by the Board under Article 167(2)...
23.Any determination by the Board under Article 167(4) (recovery of...
24.The making of a payment under Article 169(1) (interim payments),...
26.Any determination by the Board under Article 169(3)(b) (interim payments)...
27.Any date determined by the Board under Article 170(4) (earliest...
28.Any determination by the Board under Article 170(6) (fraud compensation...
29.Any determination by the Board under Article 171(7)(a) (occupational pension...
30.The amount of any fraud compensation levy payable in respect...
DEFERRAL OF RETIREMENT PENSIONS AND SHARED ADDITIONAL PENSIONS
PART 1 PRINCIPAL AMENDMENTS OF CONTRIBUTIONS AND BENEFITS ACT
1.Schedule 5 to the Contributions and Benefits Act (increase of...
2.For the heading, substitute “PENSION INCREASE OR LUMP SUM WHERE...
3.Before paragraph 1 insert— Choice between increase of pension and...
4.For paragraph 1 (increase of pension where pensioner’s entitlement is...
5.(1) In paragraph 2 (calculation of increment), in sub-paragraph (5)(b),...
6.After paragraph 2 insert— (1) This paragraph applies where— (a) a person’s entitlement to...
7.(1) After paragraph 3 insert— Lump sum where pensioner’s entitlement...
8.After paragraph 3B (inserted by paragraph 7) insert— Choice between...
9.(1) Paragraph 4 (increase of pension where pensioner’s deceased spouse...
10.(1) After paragraph 7 insert— Entitlement to lump sum where...
11.After paragraph 7B (inserted by paragraph 10) insert— Supplementary (1) Any lump sum calculated under paragraph 3B or 7B...
12.For the heading immediately preceding paragraph 8 substitute “Married couples”....
13.In paragraph 8 (married couples)— (a) in sub-paragraph (3) for...
14.After Schedule 5 to the Contributions and Benefits Act insert—...
MINOR AND CONSEQUENTIAL AMENDMENTS
1.The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15)
3.The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4)
4.The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
6.In section 49 (supervision: former contracted-out schemes), after subsection (1B)...
7.(1) Section 52 (provision supplementary to section 51) is amended...
8.In section 57 (deduction of contributions equivalent premium from refund...
9.(1) Section 90 (right to cash equivalent) is amended as...
10.In section 95 (trustees' duties after exercise of option)—
11.In section 97J (time for compliance with transfer notice)—
12.In section 107A (monitoring of employers' payments to personal pension...
13.In section 109 (disclosure of information about schemes to members...
14.After that section insert— Disclosure of information about transfers etc....
15.In section 119 (interpretation of Chapter 2 of Part VII)...
16.In section 120 (duty of Department for Employment and Learning...
17.In section 125(1) (overriding requirements)— (a) for “and IV” substitute...
18.In section 126(b), (extra-statutory requirements), for “or IV” substitute “,...
20.In section 145 (procedure on investigation by Pensions Ombudsman), in...
21.(1) Section 154A (other disclosures by the Department) is amended...
22.In section 164(4) (penalties for contravention of regulations) after “the...
23.In section 170 (levies)— (a) for subsection (8) substitute—
25.(1) Section 174 (linked qualifying service) is amended as follows....
26.In section 176(1) (general interpretation), in the definition of “transfer...
27.In section 178(3) (sub-delegation), after “93(1)” insert “, 97AF(1)”.
29.In Article 4 (suspension orders), in paragraphs (3) and (5)...
30.In Article 7 (appointment of trustees)— (a) in paragraph (1)...
31.In Article 9 (removal and appointment of trustees: property), after...
32.In Article 10 (civil penalties), in paragraph (5)(a) omit “as...
33.In Article 15(4) (failure to comply with Authority’s direction) for...
34.In Article 22 (circumstances in which independent trustee provisions apply),...
35.In Article 25 (appointment and powers of independent trustees: further...
36.In Article 26 (insolvency practitioner or official receiver to give...
38.In Article 28 (consequences of prohibition on trustee being auditor...
39.In Article 29 (persons disqualified for being trustees), in paragraph...
40.In Article 30 (persons disqualified: consequences)— (a) in paragraph (2),...
41.Omit Article 30A (accessibility of register of disqualified trustees).
43.In Article 34 (powers of investment and delegation) in paragraph...
45.In Article 40 (restriction on employer-related investments), in paragraph (4)...
47.In Article 47 (professional advisers), in paragraphs (3), (8) and...
48.In Article 49 (other responsibilities of trustees, employers, etc.)—
49.In Article 49A (record of winding up decisions) omit paragraph...
52.In Article 71A(4)(d) (power to make provision in relation to...
53.In Article 72A (reports to Authority about winding up) omit...
54.In Article 72C (duty to comply with directions for facilitating...
55.In Article 73 (preferential liabilities on winding up), in paragraph...
57.In Article 77 (excess assets remaining after winding up: power...
58.In Article 85 (schedules of payments to money purchase schemes)...
59.In Article 86 (provision supplementary to Article 85) omit paragraph...
60.In Article 87 (application of further provisions to money purchase...
62.In Article 116 (calculations, etc. under regulations: sub-delegation), for “73(3)”...
63.(1) Article 121 (interpretation of Part II) is amended as...
64.The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)
66.In Article 3 (stakeholder pension schemes), in paragraph (6), after...
67.In Article 4 (registration of stakeholder pension schemes)—
68.In Article 9(2)(a) (providing for stakeholder pension schemes to be...
70.(1) Paragraph 1 of Schedule 1 (application of statutory provisions...
71.(1) Schedule 5 (pension credits: mode of discharge) is amended...
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