Pension Schemes (Northern Ireland) Act 1993
1993 c. 49
An Act to consolidate for Northern Ireland certain enactments relating to pension schemes, with corrections and minor improvements under the Consolidation of Enactments (Procedure) Act 1949.
Act: Power to amend conferred (2.12.1999) by 1998 c. 47, s. 87 (with s. 95); S.I. 1999/3209, art. 2, Sch.
Act: Power to modify conferred (1.6.1996 for specified purposes and otherwise prosp.) by S.I. 1995/3213 (N.I. 22), art. 146(2); S.R. 1996/91, art. 2(f)
Act: Power to modify conferred (temp.) by S.I. 1999/671, arts. 1(2)(c)(3), 14(1)(2)(b)
Act modified (16.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 123, Sch. 2 Pt. I para. 1
Certain provisions of this Act are affected by the transitory modifications in Sch. 8 paras. 2-8: see Sch. 8.
Act modified (4.6.1996) by S.R. 1996/188, reg. 3(1)(c)
Act: functions transferred (1.12.1999) by S.R. 1999/481, art. 8(b), Sch. 6 Pt. II
Act modified (1.12.2000 for specified purposes, otherwise 1.1.2001) by 2000 c. 4 (N.I), s. 38(7) (with s. 66(6)); S.R. 2000/374, art. 2(b)
Act modified (29.7.2002) by 2001 c. 14, s. 39(1) (with s. 42); S.R. 2002/253, art. 2
Act: power to modify conferred (17.2.2005) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), art. 1(6)(a)(ii) (with art. 285(5))
Act: power to modify conferred (25.2.2005 for specified purposes, 6.4.2005 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), arts. 1(2), 17(4) (with art. 285(5)); S.R. 2005/48, art. 2(4)(a)(b), Sch. Pt. 4
Act: transfer of functions (6.4.2005) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), arts. 1(2), 6(1)(a) (with art. 285(5)); S.R. 2005/48, art. 2(7), Sch. Pt. 7
Act: power to modify conferred (1.7.2005) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), arts. 1(2), 292(a); S.R. 2005/321, art. 2(10)
Act: power to modify conferred by S.I. 1995/3212 (N.I. 22), art. 10(2)(4)
Act: power to modify conferred (6.12.2005 for specified purposes, 30.12.2005 for further purposes) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), arts. 1(2), 267(4)(a); S.R. 2005/543, art. 2(1), Sch. Pt. 1
Act: power to modify conferred (6.4.2006) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 294(b); S.R. 2006/95, art. 2(c), Sch. Pt. 3
Act: power to modify conferred (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss.115(1)(2)(a), 118(2) (with s. 73)
Act modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), arts. 1, 3, Sch.
Act applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1 (with reg. 27(a))
Act applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 3 paras. 2, 3 (as amended by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 21(2)(d)(4))
Part I Preliminary
1 Categories of pension schemes.
F9371
In this Act—
F1025“occupational pension scheme” means a pension scheme—
a
that—
i
for the purpose of providing benefits to, or in respect of, people with service in employments of a description, or
ii
for that purpose and also for the purpose of providing benefits to, or in respect of, other people,
is established by, or by persons who include, a person to whom subsection (2) applies when the scheme is established or (as the case may be) to whom that subsection would have applied when the scheme was established had that subsection then been in force, F939...
F939b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
a pension scheme that is prescribed or is of a prescribed description;
“personal pension scheme” means a pension scheme that—
a
is not an occupational pension scheme, and
b
is established by a person within F932... section 154(1) of the Finance Act 2004;
“public service pension scheme” means an occupational pension scheme established by or under an enactment or the Royal prerogative or a Royal charter, being a scheme—
a
all the particulars of which are set out in, or in a legislative instrument made under, an enactment, Royal warrant or charter, or
b
which cannot come into force, or be amended, without the scheme or amendment being approved by a Minister of the Crown or government department,
and includes any occupational pension scheme established, with the concurrence of the Department of Finance and Personnel, by or with the approval of another government department and any occupational pension scheme prescribed by regulations made by the Department and the Department of Finance and Personnel jointly as being a scheme which ought in their opinion to be treated as a public service pension scheme for the purposes of this Act.
F10222
This subsection applies—
a
where people in employments of the description concerned are employed by someone, to a person who employs such people,
b
to a person in an employment of that description, and
c
to a person representing interests of a description framed so as to include—
i
interests of persons who employ people in employments of the description mentioned in paragraph (a), or
ii
interests of people in employments of that description.
3
For the purposes of subsection (2), if a person is in an employment of the description concerned by reason of holding an office (including an elective office) and is entitled to remuneration for holding it, the person responsible for paying the remuneration shall be taken to employ the office-holder.
4
In the definition in subsection (1) of “occupational pension scheme”, the reference to a description includes a description framed by reference to an employment being of any of two or more kinds.
5
In subsection (1) “pension scheme” (except in the phrases “occupational pension scheme”, “personal pension scheme” and “public service pension scheme”) means a scheme or other arrangements, comprised in one or more instruments or agreements, having or capable of having effect so as to provide benefits to or in respect of people—
a
on retirement,
b
on having reached a particular age, or
c
on termination of service in an employment.
Part II Administration
Registration of schemes
F9552 Registration of occupational and personal pension schemes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C7C122 Part IIIF553F910Schemes that were contracted-out etc. and Effects on Members’ State Scheme Rights ...
Words in Pt. 3 heading omitted (6.4.2016) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 3(b)
Words in Pt. 3 heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 3(a)
Pt. 3: power to modify conferred (1.6.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 146(1); S.R. 1996/91, art. 2(f); S.R. 1997/192, art. 2
Pt. 3: power to transfer functions conferred (1.4.1999) by 1999 c. 2, s. 23(1)(2)(6); S.I. 1999/527, art. 2(b), Sch. 2
Pt. 3 modified (24.7.2014) by The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/204), regs. 1(1), 6(2)
Chapter IF980Schemes that were contracted-out: guaranteed minimum pensions and alteration of scheme rules etc.
Pt. 3 Ch. 1 heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 4
Preliminary
3 Issue of contracting-out F458... certificates.
F999F7251
Regulations shall provide for HMRC to issue certificates stating that the employment of an earner in employed earner's employment is contracted-out employment by reference to an occupational pension scheme.
F7251A
In this Act such a certificate is referred to as “a contracting-out certificate”.
2
The regulations shall provide for contracting-out certificates to be issued to employers and to specify—
a
the employments which are to be treated, either generally or in relation to any specified description of earners, as contracted-out employments; and
b
the occupational pension schemes by reference to which those employments are to be so treated.
F12A
The regulations may provide, in the case of contracting-out certificates issued before the principal appointed day, for their cancellation by virtue of the regulations—
a
at the end of a prescribed period beginning with (and including) that day, or
b
if prescribed conditions are not satisfied at any time in that period.
but for them to continue to have effect until so cancelled; and the regulations may provide that a certificate having effect on and after that day by virtue of this subsection is to have effect, in relation to any earner’s service on or after that day, as if issued on or after that day.
2B
In this Act “the principal appointed day” means the day designated by an order under Article 1 of the Pensions (Northern Ireland) Order 1995 as the principal appointed day for the purposes of Part IV of that Order.
3
An occupational pension scheme is a contracted-out scheme in relation to an earner’s employment if it is for the time being specified in a contracting-out certificate in relation to that employment; and references in this Act to the contracting-out of a scheme are references to its inclusion in such a certificate.
F8734
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8735
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8736
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Except in prescribed circumstances, no contracting-out certificate F964... shall have effect from a date earlier than that on which the certificate is issued.
F5038
References in this Act to a contracting-out certificate, a contracted-out scheme and to contracting-out in a context relating to a money purchase contracted-out scheme are to be construed in accordance with section 176A.
3AF858Meaning of the first abolition date” and the second abolition date”
In this Act—
“the first abolition date” means 6 April 2012 (the date appointed for the commencement of section 13(1) of the Pensions Act (Northern Ireland) 2008 (abolition of contracting-out for defined contribution pension schemes));
“the second abolition date” means 6 April 2016 (the date on which section 53(3) of the Pensions Act (Northern Ireland) 2015 provides for the commencement of section 24(1) of that Act (abolition of contracting-out for salary related schemes)).
3BMeaning of “contracted-out scheme” and “appropriate scheme” etc.
1
This section applies for the interpretation of this Act.
2
An occupational pension scheme was “contracted-out” at a time if, at that time, there was in force a certificate under section 3 (as it then had effect) stating that the employment of an earner in employed earner's employment was contracted-out employment by reference to the scheme.
3
“Contracting-out certificate” means a certificate of the kind mentioned in subsection (2).
4
An occupational pension scheme was a “salary related contracted-out scheme” at a time if, at that time, the scheme was contracted-out by virtue of satisfying section 5(2) (as it then had effect).
5
An occupational pension scheme was a “money purchase contracted-out scheme” at a time if, at that time, the scheme was contracted-out by virtue of satisfying section 5(3) (as it then had effect).
6
A personal pension scheme was an “appropriate scheme” at a time if, at that time, there was in force a certificate issued under section 3(1)(b) (as it then had effect) stating that the scheme was an appropriate scheme.
7
“Appropriate scheme certificate” means a certificate of the kind mentioned in subsection (6).
8
An appropriate scheme certificate that was in force in relation to a scheme is to be taken as conclusive that the scheme was, at that time, an appropriate scheme.
4 Meaning of “contracted-out employment”, “guaranteed minimum pension” and “minimum payment”.
F7071
In relation to any period before the second abolition date, the employment of an earner in employed earner's employment was “contracted-out employment” in relation to the earner during that period if—
a
the earner was under pensionable age;
b
the earner's service in the employment was service which qualified the earner for a pension provided by a salary related contracted-out scheme; and
c
there was in force a contracting-out certificate issued in accordance with this Chapter (as it then had effect) stating that the employment was contracted-out employment by reference to the scheme.
F8461A
In addition, in relation to any period before F485the first abolition date, the employment of an earner in employed earner's employment was “contracted-out employment” in relation to him during that period if—
a
he was under pensionable age;
b
his employer made minimum payments in respect of his employment to a money purchase contracted-out scheme, and
c
there was in force a contracting-out certificate issued in accordance with this Chapter (as it then had effect) stating that the employment was contracted-out employment by reference to the scheme.
F6461B
In the following provisions of this Act “earner”, in relation to a scheme, means a person who was an earner in contracted-out employment by reference to the scheme.
C82
In this Act—
“guaranteed minimum pension” means any pension which is provided F888, by a scheme that was a salary related contracted-out scheme, in accordance with the requirements of sections 9 and 13 to the extent to which its weekly rate is equal to the earner’s or, as the case may be, the earner’s F480widow's, widower’s F1003, surviving same sex spouse’s or surviving civil partner's guaranteed minimum as determined for the purposes of those sections respectively; and
“minimum payment”, in relation to an earner’s employment in any tax week, means the rebate percentage of so much of the earnings paid to or for the benefit of the earner in that week as exceeds the current lower earnings limit but not F887the applicable limit (or the prescribed equivalents if he is paid otherwise than weekly);
F2and for the purposes of this subsection “rebate percentage” means the appropriate flatrate percentage F454for the tax year in which the week falls as specified in an order made under section 38B (as it had effect before F1004the first abolition date).
F4432A
In subsection (2) “the applicable limit” means—
a
in relation to a tax year before 2009–10, the upper earnings limit;
b
in relation to 2009–10 or any subsequent tax year, the upper accrual point.
F6853
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8634
A contracting-out certificate that was in force in respect of an employed earner's employment is to be taken as conclusive that the employment was, at that time, contracted-out employment.
F35
Regulations shall provide for the determination by the F4Department of any question whether an employment is to be treated as contracted-out employment or as to the persons in relation to whom, or the period for which, an employment is to be so treated.
F711General requirements for certification
S. 5 cross-heading repealed (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 8 (with savings until 6.4.2019 by S.R. 2016/106, arts. 1(1)(2), 2(1)(2))
C95 Requirements for certification of schemes: general.
F9261
Subject to subsection (4), an occupational pension scheme can be contracted-out in relation to an earner’s employment only if it satisfies subsection (2) F549....
F52
An occupational pension scheme satisfies this subsection only if—
a
in relation to any earner’s service before the principal appointed day, it satisfies the conditions of subsection (2A); and
b
in relation to any earner’s service on or after that day, it satisfies the conditions of subsection (2B).
2A
The conditions of this subsection are that—
a
the scheme complies in all respects with F929sections 9 to 20E or, in such cases or classes of case as may be prescribed, with those sections as modified by regulations; and
b
the rules of the scheme applying to guaranteed minimum pensions are framed so as to comply with the relevant requirements.
2B
a
the scheme complies with section 8A;
b
restrictions imposed under Article 40 of the Pensions (Northern Ireland) Order 1995 (restriction on employer-related investments) apply to the scheme and the scheme complies with those restrictions;
c
the scheme satisfies such other requirements as may be prescribed (which—
i
must include requirements as to the amount of the resources of the scheme, and
ii
may include a requirement that, if the only members of the scheme were those falling within any prescribed class or description, the scheme would comply with section 8A), and
d
the scheme does not fall within a prescribed class or description;
and F7are satisfied that the rules of the scheme are framed so as to comply with the relevant requirements.
2C
Regulations may modify subsection (2B)(a) and (b) in their application to occupational pension schemes falling within a prescribed class or description.
F5043
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where there are two or more occupational pension schemes in force in relation to an earner’s employment, none of which can by itself be a contracted-out scheme, the F8Inland Revenue may, if they think fit, treat them for contracting-out purposes as a single scheme.
F5225
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5A
Regulations about pension schemes made under this Chapter may contain provisions framed by reference to whether or not a scheme F949is a registered pension scheme under section 153 of the Finance Act 2004.
6
In this section “relevant requirements” means—
a
the requirements of any regulations prescribing the form and content of rules of contracted-out F509... schemes; and
F6336 Protected rights and money purchase benefits.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Elections as to employments covered by contracting-out certificates.
F5181
Subject to the provisions of this Part, an employment otherwise satisfying the conditions for inclusion in a contracting-out certificate shall be so included if and so long as the employer so elects and not otherwise.
2
Subject to subsections (3) and (4), an election may be so made, and an employment so included, either generally or in relation only to a particular description of earners.
3
Except in such cases as may be prescribed, an employer shall not, in making or abstaining from making any election under this section, discriminate between different earners on any grounds other than the nature of their employment.
4
If the F10Inland Revenue consider that an employer is contravening subsection (3) in relation to any scheme, F11they may—
a
refuse to give effect to any election made by him in relation to that scheme; or
b
cancel any contracting-out certificate held by him in respect of it.
5
Regulations may make provision—
a
for regulating the manner in which an employer is to make an election with a view to the issue, variation or surrender of a contracting-out certificate;
b
for requiring an employer to give a notice of his intentions in respect of making or abstaining from making any such election in relation to any existing or proposed scheme—
i
to employees in any employment to which the scheme applies or to which it is proposed that it should apply;
ii
to any independent trade union recognised to any extent for the purpose of collective bargaining in relation to those employees;
iii
to the trustees and managers of the scheme; and
iv
to such other persons as may be prescribed;
c
for requiring an employer, in connection with any such notice, to furnish such information as may be prescribed and to undertake such consultations as may be prescribed with any such trade union as is mentioned in paragraph (b)(ii);
d
e
for referring to an industrial tribunal any question—
i
whether an organisation is such a trade union as is mentioned in paragraph (b)(ii), or
ii
whether the requirements of the regulations as to consultation have been complied with.
F5458 Determination of basis on which scheme is contracted-out.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F815 Requirements for certification of occupational pension schemes applying from the principal appointed day
S. 8A cross-heading repealed (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 10 (with savings until 6.4.2019 by S.R. 2016/106, arts. 1(1)(2), 2(1)(2) and with further savings in art. 2(3))
F148A The statutory standard.
F5941
Subject to the provisions of this Part, the scheme must, in relation to the provision of pensions for earners in employed earner’s employment, and for their F839widows, widowers or surviving civil partners, satisfy the statutory standard.
2
Subject to regulations made by virtue of section 5(2B)(c)(ii), in applying this section regard must only be had to—
a
earners in employed earner’s employment, or
b
their F971widows, widowers or surviving civil partners,
collectively, and the pensions to be provided for persons falling within paragraph (a) or (b) must be considered as a whole.
3
For the purposes of this section, a scheme satisfies the statutory standard if the pensions to be provided for such persons are broadly equivalent to, or better than, the pensions which would be provided for such persons under a reference scheme.
4
Regulations may provided for the manner of, and criteria for, determining whether the pensions to be provided for such persons under a scheme are broadly equivalent to, or better than, the pensions which would be provided for such persons under a reference scheme.
5
Regulations made by virtue of subsection (4) may provide for the determination to be made in accordance with guidance prepared by a prescribed body F861....
6
The pensions to be provided for such persons under a scheme are to be treated as broadly equivalent to or better than the pensions which would be provided for such persons under a reference scheme if and only if an actuary (who, except in prescribed circumstances, must be the actuary appointed for the scheme in pursuance of Article 47 of the Pensions (Northern Ireland) Order 1995) so certifies.
F158B Reference scheme.
F5941
This section applies for the purposes of section 8A.
2
A reference scheme is an occupational pension scheme which—
a
complies with each of subsections (3) and (4), and
b
complies with any prescribed requirements.
3
In relation to earners employed in employed earner’s employment, a reference scheme is one which provides—
a
for them to be entitled to a pension under the scheme commencing at a normal pension age of 65 and continuing for life, and
b
for the annual rate of the pension at that age to be—
i
1/80th of average qualifying earning in the last three tax years preceding the end of service,
multiplied by
ii
the number of years service, not exceeding such number as would produce an annual rate equal to half the earnings on which it is calculated.
4
In relation to F641widows, widowers or surviving civil partners, a reference scheme is one which provides—
a
for the F641widows, widowers or surviving civil partners of earners employed in employed earner’s employment (whether the earners die before or after attaining the age of 65) to be entitled, except in prescribed circumstances, to pensions under the scheme; and
F16b
for entitlements to those pensions to commence on the day following the death of the earners, and
c
except in prescribed circumstances, for the annual rate of those pensions to be—
i
if the earners die on or after their normal pension age, 50 per cent. of the annual rate which a reference scheme was required to provide to the deceased earners immediately before their death, or
ii
if the earners die before their normal pension age, 50 per cent. of the annual rate of pension which a reference scheme would have been required to provide to the deceased earners if the date of their death had been their normal pension age, and
d
if those pensions are payable in respect of earners who die—
i
otherwise than in pensionable service under the scheme, and
ii
before their own entitlements to pensions under the scheme have commenced,
for those pensions to be revalued in accordance with section 80 as though they were such benefits as are mentioned in section 79(1)(a).
5
For the purposes of this section, an earner’s qualifying earnings in any tax year are 90 per cent. of the amount by which the earner’s earnings—
a
exceed the qualifying earnings factor for that year; and
b
do not exceed F978the applicable limit.
6
Regulations may modify subsections (2) to (5).
7
In this section—
F558“the applicable limit” means—“normal pension age”, in relation to a scheme, means the age specified in the scheme as the earliest age at which pension becomes payable under the scheme (apart from any special provision as to early retirement on grounds of ill-health or otherwise),“qualifying earnings factor”, in relation to a tax year, has the meaning given by section 121(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, and“upper earnings limit”, in relation to a tax year, means the amount specified for that year by regulations made by virtue of section 5(3) of that Act as the upper earnings limit for Class 1 contributions.
C114F178C Transfer, commutation, etc.
F5941
Regulations may prohibit or restrict—
a
the transfer of any liability—
i
for the payment of pensions under a relevant scheme, or
ii
in respect of accrued rights to such pensions,
b
the discharge of any liability to provide pensions under a relevant scheme, or
c
the payment of a lump sum instead of a pension payable under a relevant scheme,
except in prescribed circumstances or on prescribed conditions.
2
In this section, “relevant scheme” means a scheme contracted out by virtue of section 5(2B) and references to pensions and accrued rights under the scheme are to such pensions and rights so far as attributable to an earner’s service on or after the principal appointed day.
3
Regulations under subsection (1) may provide that any provision of this Part shall have effect subject to such modifications as may be specified in the regulations.
F188D Entitlement to benefit.
F594In the case of a scheme contracted out by virtue of section 5(2B), regulations may make provision as to the ages by reference to which benefits under the scheme are to be paid.
F828Guaranteed minimum pensions
S. 9 cross-heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 12
8EF533Former salary related contracted-out schemes to comply with GMP requirements
1
A scheme that was a salary related contracted-out scheme is to be treated as including whatever provision it needs to contain to comply with the GMP requirements.
2
A scheme complies with the GMP requirements if, in relation to any earner's service before the principal appointed day, it complies in all respects with sections 9 to 20E.
3
Where—
a
a scheme is permitted by any of those sections to include provision subject to certain requirements, and
b
the scheme includes the provision but not the requirements,
the scheme is to be treated by subsection (1) as including the requirements.
4
This section overrides any provision of a scheme to the extent that the provision of the scheme conflicts with it.
9 Minimum pensions for earners.
1
Subject to the provisions of this Part, the scheme must—
a
provide for the earner to be entitled to a pension under the scheme if he attains pensionable age; and
b
contain a rule to the effect that the weekly rate of the pension will be not less than his guaranteed minimum (if any) under sections 10 to 12.
F6161A
But a scheme may be amended so as to omit provision of the kind specified in subsection (1)(a) and (b) if the conditions specified in section 20B are satisfied.
2
In the case of an earner who F536was a married woman or widow who was liable to pay primary Class 1 contributions at a reduced rate by virtue of section 19(4) of the M1Social Security Contributions and Benefits (Northern Ireland) Act 1992 F478at a time during a relevant year when she was in contracted-out employment by reference to the scheme, subject to the provisions of this Part, the scheme must—
a
provide for her to be entitled to a pension under the scheme if she attains pensionable age F19. . .
b
satisfy such other conditions as may be prescribed.
F521“Relevant year” has the meaning given by section 10(8).
3
Subject to subsection (4), the scheme must provide for the pension to commence on the date on which the earner attains pensionable age and to continue for his life.
4
Subject to subsection (5), the scheme may provide for the commencement of the earner’s guaranteed minimum pension to be postponed for any period for which he continues in employment after attaining pensionable age.
5
The scheme must provide for the earner’s consent to be required—
a
for any such postponement by virtue of employment to which the scheme does not relate; and
b
for any such postponement after the expiration of five years from the date on which he attains pensionable age.
6
Equivalent pension benefits for the purposes of the former legislation are not to be regarded as constituting any part of the earner’s guaranteed minimum pension.
7
The benefits referred to in subsection (6) are any to which the earner may be immediately or prospectively entitled in respect of a period of employment which—
a
was for him non-participating employment under that legislation; and
b
was not on its termination the subject of any payment in lieu of contributions;
but subsection (6) excludes only so much of those benefits as had to be provided in order that the employment should for that period be treated as non-participating.
8
In this section “the former legislation” means Part III of the M2National Insurance Act (Northern Ireland) 1966 and the previous corresponding enactments.
C1010 Earner’s guaranteed minimum.
C11F8741
An earner has a guaranteed minimum in relation to the pension provided by a scheme that was a salary related contracted-out scheme if in any tax week in a relevant year—
a
earnings were paid to or for the earner's benefit in respect of employment which was contracted-out by reference to the scheme; and
b
those earnings were in excess of the lower earnings limit for that tax week (or the prescribed equivalent if the earner was paid otherwise than weekly).
C59C112C1152
Subject to section 11(1), the guaranteed minimum shall be the weekly equivalent of an amount equal to the appropriate percentage of the total of the earner’s earnings factors for the relevant years, so far as derived from F508excess earnings mentioned in subsection (1)(b) upon which primary Class 1 contributions have been paid or treated as paid.
F8922A
Where any liability of a scheme in respect of an earner’s guaranteed minimum pension ceases by virtue of a civil recovery order, his guaranteed minimum in relation to the scheme is extinguished or reduced accordingly.
F203
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where the amount of a person’s earnings for any period is relevant for any purpose of subsection (1) or (2) and the F21Inland Revenue are satisfied that records of those earnings have not been maintained or retained or are otherwise unobtainable, F22they may for that purpose—
a
b
take their amount to be such sum as F22they may specify in the particular case.
5
In subsection (2) the “appropriate percentage” means—
a
in respect of the earner’s earnings factors for any tax year not later than the tax year 1987-88—
i
if the earner was not more than 20 years under pensionable age on 6th April 1978, 1.25 per cent.;
ii
in any other case 25/N per cent.;
b
in respect of the earner’s earnings factors for the tax year 1988-89 and for subsequent tax years—
i
if the earner was not more than 20 years under pensionable age on 6th April 1978, 1 per cent.;
ii
in any other case 20/N per cent.;
where N is the number of years in the earner’s working life (assuming he will attain pensionable age) which fall after 5th April 1978.
6
Regulations may prescribe rules as to the circumstances in which earnings factors are derived from earnings for the purposes of subsection (2).
7
For the purposes of subsection (2) the weekly equivalent of the amount there mentioned shall be calculated by dividing that amount by 52.
8
In this section “relevant year” means any tax year in the earner’s working life (not being earlier than the tax year 1978-79 F24or later than tax year ending immediately before the principal appointed day).
C12C15911 Increase of guaranteed minimum where commencement of guaranteed minimum pension postponed.
C1601
Where in accordance with section 9(4) the commencement of an earner’s guaranteed minimum pension is postponed for any period and there are at least seven complete weeks in that period, his guaranteed minimum in relation to the scheme shall, for each complete week in that period, be increased by one-seventh per cent.—
a
of the amount of that minimum apart from this subsection; or
b
if for that week (or a period which includes that week) a pension is paid to him under the scheme at a weekly rate less than that minimum, of the difference between that pension and that minimum.
2
In subsection (1) “week” means any period of seven consecutive days.
3
Where an earner’s guaranteed minimum pension is increased under subsection (1), the increase of that part of it which is attributable to earnings factors for the tax year 1987-88 and earlier tax years shall be calculated separately from the increase of the rest.
4
Where one or more orders have come into operation under section 105 during the period for which the commencement of a guaranteed minimum pension is postponed, the amount of the guaranteed minimum pension for any week in that period shall be determined as if the order or orders had come into operation before the beginning of the period.
C103C81C131C104C137C4911AF25 Reduction of guaranteed minimum in consequence of pension debit.
1
Where—
a
an earner has a guaranteed minimum in relation to the pension provided by a scheme, and
b
his right to the pension becomes subject to a pension debit,
his guaranteed minimum in relation to the scheme is, subject to subsection (2), reduced by the appropriate percentage.
2
Where the earner is in pensionable service under the scheme on the day on which the order or provision on which the pension debit depends takes effect, his guaranteed minimum in relation to the scheme is reduced by an amount equal to the appropriate percentage of the corresponding qualifying benefit.
3
For the purposes of subsection (2), the corresponding qualifying benefit is the guaranteed minimum taken for the purpose of calculating the cash equivalent by reference to which the amount of the pension debit is determined.
4
For the purposes of this section, the appropriate percentage is—
a
if the order or provision on which the pension debit depends specifies the percentage value to be transferred, that percentage;
b
if the order or provision on which the pension debit depends specifies an amount to be transferred, the percentage which the appropriate amount for the purposes of paragraph (1) of Article 26 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (lesser of specified amount and cash equivalent of transferor’s benefits) represents of the amount mentioned in paragraph (3)(b) of that Article (cash equivalent of transferor’s benefits).
12 Revaluation of earnings factors for purposes of s. 10: early leavers, etc.
C13C14C681
Subject to subsection (2), for the purpose of section 10(2) the earner’s earnings factor for any relevant year (so far as derived as mentioned in that section) shall be taken to be that factor as increased by the same percentage as that prescribed for the increase of that factor by the last order under Article 23 of the M3Social Security Pensions (Northern Ireland) Order 1975 or section 130 of the M4Social Security Administration (Northern Ireland) Act 1992 to come into operation before the end of the final relevant year.
C1132
F841The scheme may provide that the earnings factors of an earner whose service in contracted-out employment by reference to the scheme is terminated before the final relevant year shall be determined for the purposes of section 10(2) by reference to the last such order to come into operation before the end of the tax year in which that service ends (“the last service tax year”).
F841The scheme may provide that in a case where—
a
an earner was, before the second abolition date, in contracted-out employment by reference to a scheme, and
b
the earner ceases to be in pensionable service under the scheme before the final relevant year,
the earnings factors for that person shall be determined for the purposes of section 10(2) by reference to the last such order to come into operation before the end of the tax year in which the earner ceases to be in pensionable service under the scheme (“the last service tax year”).
C15C1133
Where a scheme provides as mentioned in subsection (2) the scheme shall provide for the weekly equivalent mentioned in section 10(2) to be increased by at least F26the prescribed percentage for each relevant year after the last service tax year; and the provisions included by virtue of this subsection may also conform with such additional requirements as may be prescribed
4
Except in such cases or classes of case as may be prescribed, the provision made by virtue of subsections (2) and (3) must be the same for all members of the scheme.
C145
In this section—
13 Minimum pensions for widows and widowers.
1
Subject to the provisions of this Part, the scheme must provide that if the earner dies leaving a F759widow, widower or surviving civil partner (whether before or after attaining pensionable age), the F759widow, widower or surviving civil partner will be entitled to a guaranteed minimum pension under the scheme.
F7391A
But a scheme may be amended so as to omit provision of the kind specified in subsection (1) if the conditions specified in section 20B are satisfied.
C162
The scheme must contain a rule to the effect that—
a
if the earner is a man F538, or a woman in a relevant gender change case, who has a guaranteed minimum under section 10, the weekly rate of the widow’s pension will be not less than the widow’s guaranteed minimum;
b
if the earner is a woman who has a guaranteed minimum under that section, the weekly rate of the widower’s pension will be not less than the widower’s guaranteed minimum.
F468ba
if the earner is a man, or a woman in a relevant gender change case, who has a guaranteed minimum under that section, the weekly rate of the surviving civil partner’s pension in the case of a surviving civil partner who is a woman will be not less than the widow’s guaranteed minimum;
F706c
F589subject to paragraph (ba), if the earner is a person who has a guaranteed minimum under that section, the weekly rate of the surviving civil partner’s pension will not be less than the surviving civil partner’s guaranteed minimum.
F786d
if the earner is a man who has a guaranteed minimum under that section, the weekly rate of the widower’s pension will not be less than the surviving same sex spouse’s guaranteed minimum;
e
if the earner is a woman (other than in a relevant gender change case) who has a guaranteed minimum under that section, the weekly rate of the widow’s pension will not be less than the surviving same sex spouse’s guaranteed minimum.
C16C1023
The widow’s guaranteed minimum shall be half that of the earner.
C16C1024
F294A
F784Subject to subsection (4B) The scheme must provide for the F464widow's, widower’s or surviving civil partner's pension to be payable to the F768widow, widower or surviving civil partner—
a
for any period for which a Category B retirement pension is payable to the F768widow, widower or surviving civil partner by virtue of the earner’s contributions or would be so payable but for section 43(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (persons entitled to more than one retirement pension);
F897aa
for life, in a case where—
i
the widow, widower or surviving civil partner attained state pension age on or after the second abolition date, and
ii
the earner died on or after the date on which the widow, widower or surviving civil partner attained state pension age;
ab
for any period after the widow, widower or surviving civil partner has attained state pension age, in a case where—
i
the earner died before the widow, widower or surviving civil partner attained state pension age,
ii
the widow, widower or surviving civil partner did not marry or form a civil partnership after the death and before attaining state pension age, and
iii
the widow, widower or surviving civil partner attained state pension age on or after the second abolition date;
b
for any period for which widowed parent’s allowance or bereavement allowance is payable to the F768widow, widower or surviving civil partner by virtue of the earner’s contributions; and
c
in the case of a F768widow, widower or surviving civil partner whose entitlement by virtue of the earner’s contributions to a widowed parent’s allowance or bereavement allowance has come to an end at a time after the F768widow, widower or surviving civil partner attained the age of 45, for so much of the period beginning with the time when the entitlement came to an end as neither—
F534F582i
comprises a period during which—
a
the widow, widower or surviving civil partner, and
b
another person,
are living together as if spouses of each other, nor
ii
falls after the time of any—
a
marriage, or
b
formation of a civil partnership,
by the widow or widower or surviving civil partner which takes place after the earner’s death.
F7784B
Sub-paragraphs (i)(b) and (ii)(b) of subsection (4A)(c) do not apply where the earner dies before 5th December 2005.
5
6
7
F9848
Where—
a
a lump sum is paid to an earner under provisions included in a scheme by virtue of section 17(1), and
b
those provisions are of a prescribed description,
the earner shall be treated for the purposes of this section as having any guaranteed minimum under section 10 that he would have had but for that payment.
F8959
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67610
For the purposes of subsection (4A)(aa) and (ab) a person attains state pension age when he or she attains pensionable age within the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995.
F71011
This section is subject to regulations under section 34A.
12
In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—
a
the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
the marriage of the earner and her widow F847, or the civil partnership between the earner and her surviving civil partner, (that ends with the earner’s death) subsisted before the time when the certificate was issued.
C1714 Treatment of insignificant amounts.
1
Where an amount is required to be calculated in accordance with the provisions of section 10(7), 11(1) or 13(2), (3) or (4) and, apart from this subsection, the amount so calculated is less than 0.5p, then, notwithstanding any other provision of this Act, that amount shall be taken to be zero, and other amounts so calculated shall be rounded to the nearest whole penny, taking 0.5p as nearest to the next whole penny above.
2
Where a guaranteed minimum pension is attributable in part to earnings factors for the period before the tax year 1988-89 and in part to earnings factors for that tax year or for that tax year and subsequent tax years, the pension shall be calculated by—
a
applying subsection (1) separately to the amount attributable to the period before the tax year 1988-89 and to the amount attributable to that and subsequent tax years, and
b
aggregating the two amounts so calculated.
C9115 Discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts.
1
A transaction to which this section applies discharges the trustees or managers of an occupational pension scheme from their liability to provide for or in respect of any person guaranteed minimum pensions—
a
if it is carried out not earlier than the time when that person’s pensionable service terminates; and
b
if and to the extent that it results in guaranteed minimum pensions for or in respect of that person being appropriately secured; and
c
if and to the extent that the requirements set out in paragraph (a), (b) or (c) of subsection (5) are satisfied.
2
This section applies to the following transactions—
a
the taking out of a policy of insurance or a number of such policies;
b
the entry into an annuity contract or a number of such contracts;
c
the transfer of the benefit of such a policy or policies or such a contract or contracts.
3
In this section “appropriately secured” means secured by an appropriate policy of insurance or an appropriate annuity contract, or by more than one such policy or contract.
4
A policy of insurance or annuity contract is appropriate for the purposes of this section if—
a
the F35insurer with which it is or was taken out or entered into—
i
ii
satisfies, or at the relevant time satisfied, prescribed requirements; and
b
it may not be assigned or surrendered except on conditions which satisfy such requirements as may be prescribed; and
c
it contains or is endorsed with terms whose effect is that the amount secured by it may not be commuted except on conditions which satisfy such requirements as may be prescribed; and
d
it satisfies such other requirements as may be prescribed.
5
The requirements referred to in subsection (1) are—
a
that the arrangement for securing the amount by means of the policy or contract was made—
i
at the written request of the earner or, if the earner has died, of the earner’s F771widow, widower or surviving civil partner; or
ii
with the consent of the earner or the F771widow, widower or surviving civil partner given in writing in a prescribed form;
b
that—
i
the case is one such as is mentioned in section 92(2); and
ii
the policy or contract only secures guaranteed minimum pensions;
c
that—
i
the case is not one such as is mentioned in section 92(2); and
ii
such conditions as may be prescribed are satisfied.
6
In subsection (4)(a), “the relevant time” means the time when the policy of insurance was taken out or the annuity contract was entered into or, as the case may be, when the benefit of the policy or contract was transferred.
F377
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C12516 Transfer of accrued rights.
1
Regulations may prescribe circumstances in which and conditions subject to which—
a
a transfer of or a transfer payment in respect of—
i
an earner’s accrued rights to guaranteed minimum pensions under a F832scheme that was a contracted-out scheme;
ii
iii
the liability for the payment of guaranteed minimum pensions to or in respect of any person who has become entitled to them,
may be made by an occupational pension scheme to another such scheme F38, to a personal pension scheme or to an overseas arrangement;
b
a transfer of or a transfer payment in respect of an earner’s accrued rights to guaranteed minimum pensions which are appropriately secured for the purposes of section 15 may be made to an occupational pension scheme F39, a personal pension scheme or an overseas arrangement.
2
Any such regulations may be made so as to apply to earners who are not in employment at the time of the transfer.
3
Regulations under subsection (1) may provide that any provision of this Part (other than sections 14, 15 and 39 to 41, F584... so far as they apply to personal pension schemes) or of Chapter III of Part IV or Chapter II of Part V shall have effect, where there has been a transfer to which they apply, subject to such modifications as may be specified in the regulations.
4
Regulations under subsection (1) shall have effect in relation to transfers whenever made unless they provide that they are only to have effect in relation to transfers which take place after they come into operation.
5
The power conferred by subsection (1) is without prejudice to the generality of section 177(2) or section 17(5) of the M5Interpretation Act (Northern Ireland) 1954.
6
In the provisions mentioned in subsection (3) “accrued rights”, in relation to an earner, means the rights conferring prospective entitlement under the scheme in question to the pensions to be provided for the earner and the earner’s F791widow, widower or surviving civil partner in accordance with sections 9 and 13, and references to an earner’s accrued rights to guaranteed minimum pensions shall be construed accordingly.
17 Commutation, surrender and forfeiture.
1
F1027A scheme may, in such circumstances and subject to such restrictions and conditions as may be prescribed, provide for the payment of a lump sum instead of a pension required to be provided by the scheme in accordance with section 9 or 13.
2
Neither section 9 nor section 13 shall preclude a scheme from providing for the earner’s or the earner’s F719widow's, widower’s or surviving civil partner's guaranteed minimum pension to be suspended or forfeited in such circumstances as may be prescribed.
F4018. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19 Securing of benefits.
F411
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C182
Subject to subsection (3), the scheme must contain a rule by which any liabilities of the scheme in respect of—
a
guaranteed minimum pensions and accrued rights to guaranteed minimum pensions;
b
any such benefits as are excluded by section 9(6) from earners’ guaranteed minimum pensions;
c
pensions and other benefits (whether or not within paragraph (a) or (b)) in respect of which entitlement to payment has already arisen; and
F630d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are accorded priority on a winding up over other liabilities under the scheme in respect of benefits attributable to any period of service after the rule has taken effect.
C183
The rule may also accord priority, on a winding up occurring after an earner has attained normal pension age, to liabilities of the scheme in respect of pensions and other benefits to which—
a
he will be entitled on ceasing to be in employment, or
b
the earner’s F934widow, widower or surviving civil partner or any dependant of the earner’s will be entitled on the earner’s death.
4
Subsections F42(2) and (3) do not apply to public service pension schemes.
F415
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Subsections (2) and (3) do not apply to schemes falling within any category or description prescribed as being exempt from the requirements of those subsections.
7
If the scheme provides for the payment out of any sum representing the surrender value of a policy of insurance taken out for the purposes of the scheme, it must make provision so that there may be no payment out in relation to guaranteed minimum pensions except in such circumstances as may be prescribed.
F4320
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20AF573Conversion of guaranteed minimum pension into other benefits: introduction
F6941
In this section and sections 20B to 20H—
a
F981the rules specified in sections 9(1)(a) and (b) and 13(1) are referred to as the “guaranteed minimum pension rules”,
b
F557“GMP conversion” means amendment of the scheme in relation to an earner so that it no longer contains the guaranteed minimum pension rules,
F557“GMP conversion” means—
i
the amendment of a scheme in relation to an earner who was alive immediately before the conversion date so that it no longer contains the rules specified in sections 9(1)(a) and (b) and 13(1), or
ii
the amendment of a scheme in relation to a person who, immediately before the conversion date, was the widow, widower or surviving civil partner of an earner so that it no longer contains the rules specified in section 13(1),
F959ba
“P” means—
c
F703a “GMP-converted scheme” is a scheme which has been subject to GMP conversion,
d
“the conversion date” means the date on which that amendment takes effect,
e
f
g
“the converted scheme” means the scheme as it has effect immediately after conversion, and
h
“the trustees” in relation to a scheme means the trustees, managers or other persons responsible under the scheme for effecting amendments of it.
F5302
The Department must give such guidance (if any) as it thinks appropriate about GMP conversion.
20BThe conversion conditions
1
This section specifies the conditions referred to in sections 9(1A) and 13(1A) (for exemption from the requirement to guarantee a minimum pension).
2
3
4
Condition 3 is that the post-conversion benefits must not include money purchase benefits, apart from any money purchase benefits provided under the scheme immediately before the conversion date.
5
F787Condition 4 is that the converted scheme provides survivors' benefits in accordance with section 20D in such circumstances, and during such periods, as are prescribed by regulations.
F787Condition 4 is that, in the case of a GMP conversion within section 20A(1)(b)(i) (GMP conversion in relation to earner)—
a
the converted scheme provides benefits to or in respect of any widow, widower or surviving civil partner of P, and
b
such conditions as may be prescribed are met in relation to those benefits.
6
Condition 5 is that the procedural requirements of section 20E have been complied with.
7
In applying these conditions to a scheme F484in respect of an earner—
a
20CActuarial equivalence
Regulations may make provision for determining actuarial equivalence for the purpose of Condition 1 of section 20B.
20DSurvivors' benefits
F6401
This section specifies the benefits mentioned in Condition 4 of section 20B.
2
The first benefit is that if the earner F498is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner dies (whether before or after attaining normal pension age) leaving a widow, she is entitled to a pension of at least half the value of the pension to which the earner would have been entitled by reference to employment during the period—
a
beginning with 6th April 1978, and
b
ending with 5th April 1997.
3
The second benefit is that if the earner F958is a married woman (other than in a relevant gender change case), a man married to a man, or F448(subject to subsection (3A)) a civil partner, and the earner dies (whether before or after attaining normal pension age) leaving a widower F908, widow or surviving civil partner, he or she is entitled to a pension of at least half the value of the pension to which the earner would have been entitled by reference to employment during the period—
a
beginning with 6th April 1988, and
b
ending with 5th April 1997.
F8453A
The third benefit is that if the earner is a man, or a woman in a relevant gender change case, who is a civil partner and the earner dies (whether before or after attaining normal pension age) leaving a surviving civil partner who is a woman, she is entitled to a pension of at least half the value of the pension to which the earner would have been entitled by reference to employment during the period—
a
beginning with 6th April 1978, and
b
ending with 5th April 1997.
F7004
In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—
a
the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
the marriage of the earner and her widow F566, or the civil partnership between the earner and her surviving civil partner, (that ends with the earner’s death) subsisted before the time when the certificate was issued.
5
This section is subject to regulations under section 34A.
20EProcedural requirements
1
This section specifies the procedural requirements that must be complied with in order to satisfy Condition 5 of section 20B.
2
F8222A
For the purposes of subsection (2) a person is “relevant” in relation to a scheme if such conditions as may be prescribed are met in relation to the person and the scheme.
3
The trustees must take all reasonable steps to—
b
notify all members, and survivors, affected by the GMP conversion before, or as soon as is reasonably practicable after, the conversion date.
4
F1002The Commissioners for Her Majesty's Revenue and Customs must be notified on or before the conversion date—
a
that the GMP conversion will occur or has occurred, and
b
that it affects the earner.
20FTransfer out
1
Regulations may prescribe—
a
2
F919Section 16(2) and (5) shall apply to regulations under this section.
3
F996Where a member of a non-GMP-converted scheme makes an application under section 91(1), the trustees may with his consent adjust any F867... cash equivalent so as to reflect rights that would have accrued if the scheme had been subject to GMP conversion in accordance with Conditions 1 to 4 of section 20B.
F996Where—
a
a member of a scheme makes an application under section 91(1), and
b
GMP conversion has not been effected in relation to the member,
the trustees may with the member’s consent adjust any cash equivalent so as to reflect rights that would have accrued if GMP conversion had been effected in relation to the member in accordance with Conditions 1 to 4 of section 20B.
20GPowers to amend schemes
1
The trustees of an occupational pension scheme may by resolution modify it so as to effect GMP conversion F973 (whether in relation to present earners, pensioners or survivors) in accordance with the conditions of section 20B.
2
The subsisting rights provisions within the meaning of Article 67 of the Pensions (Northern Ireland) Order 1995 shall not apply to a power conferred by an occupational pension scheme to modify the scheme in so far as the power enables GMP conversion in accordance with the conditions of section 20B.
3
Where a scheme is amended to effect GMP conversion the trustees may include other amendments which they think are necessary or desirable as a consequence of, or to facilitate, the GMP conversion.
4
Where an occupational pension scheme is being wound up, the trustees may, before the winding up is completed, adjust rights under the scheme so as to reflect what would have happened if the scheme had been subject to GMP conversion in accordance with Conditions 1 to 4 of section 20B.
5
F519In the application of section 20E by virtue of subsection (1) above, a reference to the earner includes a reference to a pensioner or survivor whose pension is subjected to GMP conversion.
20HEnforcement of GMP conversion conditions
1
If the Regulatory Authority thinks that the conditions of section 20B have not been satisfied in relation to an amendment, modification or adjustment effected in accordance with any of sections 9(1A), 13(1A), 20F and 20G, the Regulatory Authority may make an order declaring the amendment, modification or adjustment void—
a
in respect of a specified person or class of person,
b
to a specified extent, and
c
as from a specified time.
2
Where the Regulatory Authority makes an order under subsection (1) it may—
a
require the trustees of the scheme concerned to take specified steps;
b
declare that specified action of the trustees shall not be treated as a contravention of the scheme if it would not have been a contravention if the order under subsection (1) had not been made.
3
An order may be made under subsection (1) before or after the amendment, modification or adjustment takes effect.
4
If the Regulatory Authority thinks that the process of effecting a GMP conversion of a scheme has been commenced and that a relevant condition of section 20B is not being complied with, or may not be complied with, the Regulatory Authority may by order—
a
prohibit the taking of further steps in the GMP conversion (whether generally or in relation to specified steps), and
b
require the trustees of the scheme to take specified steps before resuming the process of GMP conversion.
5
Article 10 of the Pensions (Northern Ireland) Order 1995 (civil penalties) shall apply to a trustee who has failed to take all reasonable steps to secure compliance with the conditions of section 20B in relation to an amendment, modification or adjustment effected in accordance with any of sections 9(1A), 13(1A), 20F and 20G.
Discretionary requirements
21 Power for Board to impose conditions as to investments and resources.
F441
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F452
A F857scheme that was a salary related contracted-out scheme must, in relation to any earner’s service before the principal appointed day, comply with any requirements prescribed for the purpose of securing that—
a
the F46Inland Revenue are kept informed about any matters affecting the security of the minimum pensions guaranteed under the scheme, and
b
the resources of the scheme are brought to and are maintained at a level satisfactory to the F47Inland Revenue.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements for certification of occupational and personal money purchase schemes
F68822 Persons who may establish scheme.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77723 Identification and valuation of protected rights.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F92824 Ways of giving effect to protected rights.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F92824A Requirements for interim arrangements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F92824B Information about interim arrangements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F92825 The pension and annuity requirements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F98926 Securing of liability for protected rights.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F76527 Investment and resources of schemes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46128 Suspension or forfeiture.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72828A Discharge of protected rights on winding up: insurance policies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77429 Tax requirements to prevail over F649requirements of section 27.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F51529A Appropriate schemes: “Blowing the whistle”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cancellation, variation, surrender and refusal of certificates
30 Cancellation, variation, surrender and refusal of certificates.
F780F7971
Regulations shall provide for the cancellation, variation or surrender of a contracting-out certificate, or the issue of a new certificate—
a
on any change of circumstances affecting the treatment of an employment as contracted-out employment; or
b
where the certificate was issued on or after the principal appointed day, if any employer of persons in the description of employment to which the scheme in question relates, or the actuary of the scheme, fails to provide HMRC, at prescribed intervals, with such documents as may be prescribed for the purpose of verifying that the conditions of section 5(2B) are satisfied.
2
Regulations may enable the F48Inland Revenue to cancel or vary a contracting-out certificate where—
a
F49they have reason to suppose that any employment to which it relates ought not to be treated as contracted-out employment in accordance with the certificate; and
b
the employer does not show that it ought to be so treated.
3
Where F1019by or by virtue of any provision of this Part the contracting-out of a scheme in relation to an employment depends on the satisfaction of a particular condition, the continued contracting-out of the scheme F721... shall be dependent on continued satisfaction of the condition; and if the condition ceases to be satisfied, that shall be a ground (without prejudice to any other) for the cancellation or variation of the contracting-out F469... certificate.
4
A contracting-out certificate in respect of any employment may be withheld or cancelled by the F48Inland Revenue if F50they consider that there are circumstances which make it inexpedient that the employment should be or, as the case may be, continue to be, contracted-out employment by reference to the scheme, notwithstanding that the relevant scheme is one that F51they would otherwise treat as proper to be contracted-out in relation to all earners in that employment.
F9635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F526
Without prejudice to their powers apart from this subsection, the F48Inland Revenue may withhold or cancel a contracting-out certificate in respect of a scheme if they consider that the rules of the scheme are such that persons over particular ages may be prevented from participating in the scheme.
F537
Without prejudice to the preceding provisions of this section, failure of a scheme to comply with any requirements prescribed by virtue of section 21(2) shall be a ground on which the F48Inland Revenue may, in respect of any employment to which the scheme relates, cancel a contracting-out certificate.
8
Except in prescribed circumstances, no cancellation, variation or surrender of a contracting-out certificate F788...shall have effect from a date earlier than that on which the cancellation, variation or surrender is made.
F8079
A reference in this section to a contracting-out certificate does not include a reference to a contracting-out certificate issued in respect of a money purchase contracted-out scheme.
31 Surrender and cancellation of contracting-out certificates: issue of further certificates.
F7801
This section applies in any case where—
a
a contracting-out certificate (“the first certificate”) has been surrendered by an employer or cancelled by the Board; and
b
at any time before the end of the period of 12 months beginning with the date of the surrender or cancellation, that or any connected employer makes an election under section 7 in respect of any employment which was specified by virtue of section 3(2)(a) in the first certificate, with a view to the issue of a further contracting-out certificate.
2
This section applies whether or not the scheme specified in the first certificate in relation to the employment concerned is the same as the scheme which would be specified in the further certificate if it were issued.
3
The Board shall not give effect to the election referred to in subsection (1) by issuing a further certificate unless they consider that, in all the circumstances of the case, it would be reasonable to do so.
4
Regulations may make such supplemental provision in relation to cases falling within this section as the Department considers necessary or expedient.
5
For the purposes of subsection (1)—
a
an employment (“the second employment”) in respect of which an election of the kind referred to in subsection (1)(b) has been made; and
b
an employment (“the first employment”) which was specified by virtue of section 3(2)(a) in the first certificate,
shall be treated as one employment if, in the opinion of the Board—
i
they are substantially the same, however described; or
ii
the first employment falls wholly or partly within the description of the second employment or the second employment falls wholly or partly within the description of the first employment.
6
Regulations shall prescribe the cases in which employers are to be treated as connected for the purposes of this section.
32 Surrender and cancellation of contracting-out certificates: cancellation of further certificates.
F7801
This section applies in any case where—
a
a contracting-out certificate (“the first certificate”) has been surrendered by an employer or cancelled by the Board;
b
a further contracting-out certificate (“the further certificate”) has been issued, after the surrender or cancellation of the first certificate but before the end of the period of 12 months beginning with the date of the surrender or cancellation, in respect of any employment which was specified by virtue of section 3(2)(a) in the first certificate; and
c
the Board have formed the opinion that had they been aware of all the circumstances of the case at the time when the further certificate was issued they would have been prevented by section 31(3) from issuing it.
2
This section applies whether or not the scheme specified in the first certificate in relation to the employment concerned is the same as the scheme specified in the further certificate.
3
The Board may, before the end of the period of 12 months beginning with the date on which the further certificate was issued, cancel that certificate.
4
Where a contracting-out certificate is cancelled under subsection (3) the provisions of this Act and of any regulations and orders made under it shall have effect as if the certificate had never been issued.
5
Regulations may make such supplemental provision in relation to cases falling within this section as the Department considers necessary or expedient.
6
Without prejudice to subsection (5), regulations may make provision, in relation to any case in which the Board have cancelled a contracting-out certificate under subsection (3), preventing the recovery by the employer concerned (whether by deduction from emoluments or otherwise) of such arrears which he is required to pay to the Department in respect of an earner’s liability under section 6(3) of the M6Social Security Contributions and Benefits (Northern Ireland) Act 1992 as may be prescribed.
7
For the purposes of subsection (1)—
a
an employment (“the second employment”) in respect of which a further contracting-out certificate of the kind referred to in subsection (1)(b) has been issued; and
b
an employment (“the first employment”) which was specified by virtue of section 3(2)(a) in the first certificate,
shall be treated as one employment if, in the opinion of the Board—
i
they are substantially the same, however described; or
ii
the first employment falls wholly or partly within the description of the second employment or the second employment falls wholly or partly within the description of the first employment.
Alteration of F714rules by former salary related contracted-out schemes
Words in s. 33 cross-heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 23
F65433 Alteration of rules of contracted-out schemes.
1
Except in prescribed cases, the rules of a scheme that was a salary related contracted-out scheme cannot be altered unless the alteration is of a prescribed description.
2
Regulations made by virtue of subsection (1) may operate so as to validate with retrospective effect any alteration of the rules which would otherwise be void under this section.
3
Subsection (1) does not apply to a scheme if no person is entitled to receive, or has accrued rights to, any benefits under the scheme attributable to a period when the scheme was contracted-out.
F8504
The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person who is so entitled by virtue of a qualifying relationship only in such cases as may be prescribed.
5
For that purpose a person is entitled to receive benefits by virtue of a qualifying relationship if the person is so entitled by virtue of being—
a
the widower of a female earner;
b
the widower of a male earner;
c
the widow of a female earner, except where it is a relevant gender change case; or
d
the survivor of a civil partnership with an earner F829, except for a surviving civil partner who is a woman in the case of an earner to whom subsection (5A) applies.
F6085A
This subsection applies to an earner who is—
a
a man, or
b
a woman in a relevant gender change case.
6
F695A reference in subsection (5)(c) or (d) or (5A) to a relevant gender change case is a reference to a case where—
a
the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
the marriage of the earner and her widow F487, or the civil partnership between the earner and her surviving civil partner, (that ends with the earner’s death) subsisted before the time when the certificate was issued.
7
This section is subject to regulations under section 34A.
33AF638Transfer of liabilities etc.: schemes contracted-out on or after 6 April 1997
1
Regulations may prohibit or restrict—
a
the transfer of any liability—
i
for the payment of pensions under a relevant scheme, or
ii
in respect of accrued rights to such pensions,
b
the discharge of any liability to provide pensions under a relevant scheme, or
c
the payment of a lump sum instead of a pension payable under a relevant scheme,
except in prescribed circumstances or on prescribed conditions.
2
In this section “relevant scheme” means a scheme that was a salary related contracted-out scheme by virtue of section 5(2B) and references to pensions and accrued rights under the scheme are to such pensions and rights so far as attributable to an earner's service on or after the principal appointed day (including, in a case where there has been a transfer payment, any pensions or rights deriving (directly or indirectly) from—
a
an earner's service on or after the principal appointed day in employment that was contracted-out employment by reference to another scheme, or
b
in a case where the transfer payment was made before the first abolition date, protected rights under another occupational pension scheme or under a personal pension scheme which derive from payments or contributions in respect of employment on or after the principal appointed day).
3
Regulations under subsection (1) may provide that any provision of this Part shall have effect subject to such modifications as may be specified in the regulations.
F47434 Alteration of rules of appropriate schemes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General regulations as to administration of Part III
34AF837Regulations about relevant gender change cases
1
The Department may, by regulations, make provision for—
a
section 13,
b
F967section 20D, or
c
section 33,
to have its special effect in relevant gender change cases only if conditions prescribed in the regulations are met.
2
Regulations under subsection (1) may, in particular, prescribe conditions that relate to the provision of information by—
a
one or both of the members of married same sex couples F656or civil partnerships where the civil partners are of the same sex, or
b
the survivors of such couples F629or civil partners.
3
The Department may by regulations make further provision about cases where (because of regulations under subsection (1))—
a
section 13,
b
F544section 20D, or
c
section 33,
does not have its special effect in relevant gender change cases.
4
Regulations under subsection (3) may, in particular, provide for the section in question to have its ordinary effect in relevant gender change cases.
5
Regulations under subsection (1) or (3) may, in particular, modify or disapply any enactment that concerns information relating to—
a
the gender or sex of a person, or
b
the change of gender or sex of a person,
including any enactment that concerns requests for, or disclosure of, such information.
6
In this section, in relation to section 13F666, 20D or 33—
a
“relevant gender change case” has the same meaning as in that section;
b
“special effect” means the effect which the section has (if regulations under subsection (1) are ignored) in relation to relevant gender change cases, so far as that effect is different from the section’s ordinary effect;
c
“ordinary effect” means the effect which the section has in relation to same sex married couples F766, or civil partners who are of the same sex, in cases that are not relevant gender change cases.
35 General power to make regulations.
Schedule 1 shall have effect for enabling regulations to be made in relation to the operation and administration of this Part, and Part I of that Schedule has effect as respects occupational pension schemes, F801... .
Chapter IIF779Reduction in social security benefits for members of schemes that were contracted-out
Pt. III Ch. II heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 26
Preliminary
36 Scope of Chapter II.
This Chapter has effect for the purpose—
F621a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
c
of making provision concerning the payment of certain social security benefits payable in respect of members and former members of F948schemes that were contracted-out pension schemes.
F844F56 Reduced rates of contributions for members of salary related contracted-out schemes
S. 37 cross-heading repealed (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 28 (with savings until 6.4.2019 by S.R. 2016/106, arts. 1(1)(2), 2(1)(2))
S. 37(1)(1A), the sidenote and the preceding cross-heading substituted (14.3.1996 for certain purposes, 6.4.1996 for other specified purposes and otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 134(2); S.R. 1996/91, art. 2(a)(d), Sch. Pts. I IV; S.R. 1997/192, art. 2(b)
37F57 Reduced rates of Class 1 contributions.
F752F581
Subsections (1A) to F59(1E) apply where—
a
the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment; and
b
the earner’s service in the employment is service which qualifies him for a pension provided by a salary related contracted-out scheme,
and in subsections (1A) and (1B) “the relevant part”, in relation to those earnings, means so much of those earnings as exceeds the current lower earnings limit but not F726the upper accrual point (or the prescribed equivalents if the earner is paid otherwise than weekly).
F6421ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F601A
The amount of any primary Class 1 contribution F433attributable to section 8(1)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) in respect of the earnings shall be reduced by an amount equal to F4551.4 per cent of the relevant part of the earnings (“Amount R1”).
1B
The amount of any secondary Class 1 contribution in respect of the earnings shall be reduced by an amount equal to F9063.4 per cent of the relevant part of the earnings (“Amount R2”).
1C
The aggregate of Amounts R1 and R2 shall be set off—
a
first against the aggregate amount which the secondary contributor is liable to pay in respect of the contributions mentioned in subsections (1A) and (1B); and
b
then (as to any balance) against any amount which the secondary contributor is liable to pay in respect of any primary or secondary Class 1 contribution in respect of earnings—
i
paid to or for the benefit of any other employed earner (whether in contracted-out employment or not), and
ii
in relation to which the secondary contributor is such a contributor;
and in this subsection any reference to a liability to pay an amount in respect of a primary Class 1 contribution is a reference to such a liability under paragraph 3 of Schedule 1 to the M7Social Security Contributions and Benefits (Northern Ireland) Act 1992.
1D
If—
a
any balance remains, and
b
the secondary contributor makes an application for the purpose to the Inland Revenue,
the Inland Revenue shall, in such manner and at such time (or within such period) as may be prescribed by regulations made by the Secretary of State, pay to the secondary contributor an amount equal to the remaining balance.
But such regulations may make provision for the adjustment of an amount that would otherwise be payable under this subsection so as to avoid the payment of trivial or fractional amounts.
1E
If the Inland Revenue pay any amount under subsection (1D) which they are not required to pay, they may recover that amount from the secondary contributor in such manner and at such time (or within such period) as may be prescribed by such regulations.
2
Where—
a
an earner has ceased to be employed in an employment; and
b
earnings are paid to him or for his benefit within the period of 6 weeks, or such other period as may be prescribed F61by regulations made by the Secretary of State, from the day on which he so ceased,
that employment shall be treated for the purposes of subsection (1) as contracted-out employment at the time when the earnings are paid if it was contracted-out employment in relation to the earner when he was last employed in it.
3
This section shall not affect the amount of any primary Class 1 contribution which is payable at a reduced rate by virtue of regulations under section 19(4) of the M8Social Security Contributions and Benefits (Northern Ireland) Act 1992 (reduced rates for married women and widows).
F69238 Alteration of rates of contributions under s. 37.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62 Reduced rates of contributions, and rebates, for members of money purchase contracted-out schemes
S. 38A and the cross-heading inserted (14.3.1996 for certain purposes and 6.4.1996 for other specified purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 134(4); S.R. 1996/91, art. 2(a)(d), Sch. Pts. I IV; S.R. 1997/192, art. 2(b)
38AF63 Reduced rates of Class 1 contributions and rebates.
F641
Subsections (2) to F65(2D) and (3) apply where—
a
the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment; and
b
the earner’s service in the employment is service which qualifies him for a pension provided by a money purchase contracted-out scheme,
and in subsections (2) and (2A) “the relevant part”, in relation to those earnings, means so much of those earnings as exceeds the current lower earnings limit but not F979the upper accrual point (or the prescribed equivalents if the earner is paid otherwise than weekly).
F662
The amount of any primary Class 1 contribution F434attributable to section 8(1)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in respect of the earnings shall be reduced by an amount equal to the appropriate flat-rate percentage of the relevant part of the earnings (“Amount R1”).
2A
The amount of any secondary Class 1 contribution in respect of the earnings shall be reduced by an amount equal to the appropriate flat-rate percentage of the relevant part of the earnings (“Amount R2”).
2B
The aggregate of Amounts R1 and R2 shall be set off—
a
first against the aggregate amount which the secondary contributor is liable to pay in respect of the contributions mentioned in subsections (2) and (2A); and
b
then (as to any balance) against any amount which the secondary contributor is liable to pay in respect of a primary or secondary Class 1 contribution in respect of earnings—
i
paid to or for the benefit of any other employed earner (whether in contracted-out employment or not), and
ii
in relation to which the secondary contributor is such a contributor;
and in this subsection any reference to a liability to pay an amount in respect of a primary Class 1 contribution is a reference to such a liability under paragraph 3 of Schedule 1 to the M9Social Security Contributions and Benefits (Northern Ireland) Act 1992.
2C
If—
a
any balance remains, and
b
the secondary contributor makes an application for the purpose to the Inland Revenue, the Inland Revenue shall, in such manner and at such time (or within such period) as may be prescribed by regulations made by the Secretary of State, pay to the secondary contributor an amount equal to the remaining balance.
But such regulations may make provision for the adjustment of an amount that would otherwise be payable under this subsection so as to avoid the payment of trivial or fractional amounts.
2D
If the Inland Revenue pay any amount under subsection (2C) which they are not required to pay, they may recover that amount from the secondary contributor in such manner and at such time (or within such period) as may be prescribed by such regulations.
3
F494Subject to subsection (5A), The F67Inland Revenue shall, except in prescribed circumstances or in respect of prescribed periods, pay in respect of that earner and that tax week to the F595earner or, in prescribed circumstances, to a prescribed person, the amount by which—
a
the appropriate age-related percentage of that part of those earnings,
exceeds
b
the appropriate flat-rate percentage of that part of those earnings.
4
Regulations F68made by the Secretary of State may make provisions—
a
as to the manner in which and time at which or period within which payments under subsection (3) are to be made,
b
for the adjustment of the amount which would otherwise be payable under that subsection so as to avoid the payment of trivial or fractional amounts,
c
for earnings to be calculated or estimated in such manner and on such basis as may be prescribed for the purpose of determining whether any, and if so what, payments under subsection (3) are to be made.
5
If the F67Inland RevenueF69pay an amount under subsection (3) which F70theyF71are not required to pay or F71are not required to pay to the person to whom, or in respect of whom, the F67Inland RevenueF69pay it, the F67Inland Revenue may recover it from any person to whom, or in respect of whom, the F67Inland Revenue paid it.
F7635A
Where a payment under subsection (3) is due in respect of an earner, HMRC are not required to make the payment if they determine that the cost to them of administering the payment would exceed the amount of the payment.
6
Where—
a
an earner has ceased to be employed in an employment, and
b
earnings are paid to him or for his benefit within the period of six weeks, or such other period as may be prescribed, from the day on which he so ceased,. that employment shall be treated for the purposes of this section as contracted-out employment at the time when the earnings are paid if it was contracted-out employment in relation to the earner when he was last employed in it
7
Subsection (3) of section 37 applies for the purposes of this section as it applies for the purposes of that.
F728
In subsections (3), (4) and (6) “prescribed” means prescribed by regulations made by the Secretary of State.
F9189
For the purposes of this section “the appropriate age-related percentage” and “the appropriate flat-rate percentage”, in relation to a tax year beginning before F741the first abolition date, are the percentages specified as such for that tax year in an order made under section 38B (as it had effect prior to that date).
F66438B Determination and alteration of rates of contributions, and rebates, applicable under section 38A.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Minimum contributions: members of appropriate personal pension schemes
39 Payment of minimum contributions to personal pension schemes.
1
Subject to the following provisions of this Part, the F73Inland Revenue shall, except in such circumstances F74or in respect of such periods as may be prescribed, pay minimum contributions in respect of an employed earner for any period during which the earner—
a
is over the age of 16 but has not attained pensionable age;
b
is not a married woman or widow who has made an election which is still operative that F435so much of her liability in respect of primary Class 1 contributions as is attributable to section 8(1)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 shall be a liability to contribute at a reduced rate; and
c
is a member of an appropriate personal pension scheme which is for the time being the earner’s chosen scheme.
2
Subject to subsection (3), minimum contributions in respect of an earner shall be paid to the F555earner .
3
In such circumstances as may be prescribed minimum contributions shall be paid to a prescribed person.
4
Where the condition mentioned in subsection (1)(a) or (c) ceases to be satisfied in the case of an earner in respect of whom the F73Inland RevenueF75are required to pay minimum contributions, the duty of the F73Inland Revenue to pay them shall cease as from a date determined in accordance with regulations F76made by the Secretary of State.
5
If the F73Inland RevenueF77pay an amount by way of minimum contributions which F78they are not required to pay, the F73Inland Revenue may recover it—
a
from the person to whom the F73Inland Revenue paid it, or
b
from any person in respect of whom the F73Inland Revenue paid it.
6
If the F73Inland RevenueF77pay in respect of an earner an amount by way of minimum contributions which the F73Inland RevenueF79are required to pay, but F80do not pay it to the trustees or managers of the earner’s chosen scheme, the may recover it from the person to whom the F73Inland Revenue paid it or from the earner.
F5056A
Where a payment under subsection (1) is due in respect of an earner, HMRC are not required to make the payment if they determine that the cost to them of administering the payment would exceed the amount of the payment.
F817
In this section “prescribed” means prescribed by regulations made by the Secretary of State.
F6118
In this section “the earner's chosen scheme” means the scheme which was immediately before F808the first abolition date the earner's chosen scheme in accordance with section 40 (as it had effect prior to that date).
F93140 Earner’s chosen scheme.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41 Amount of minimum contributions.
F821
In relation to any tax week falling within a period for which the F83Inland Revenue are required to pay minimum contributions in respect of an earner, the amount of those contributions shall be an amount equal to the appropriate age-related percentage of so much of the earnings paid in that week (other than earnings in respect of contracted-out employment) as exceeds the current lower earnings limit but not F506the upper accrual point (or the prescribed equivalents if he is paid otherwise than weekly).
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Regulations F84made by the Secretary of State may make provision—
a
for earnings to be calculated or estimated in such manner and on such basis as may be prescribed for the purpose of determining whether any, and if so what, minimum contributions are payable in respect of them;
b
for the adjustment of the amount which would otherwise be payable by way of minimum contributions so as to avoid the payment of trivial or fractional amounts;
c
for the intervals at which, for the purposes of minimum contributions, payments of earnings are to be treated as made;
F85d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
for this section to have effect in prescribed cases as if for any reference to a tax week there were substituted a reference to a F86. . .
f
as to the manner in which and time at which or period within which minimum contributions are to be made.
F874
In subsection (3) “prescribed” means prescribed by regulations made by the Secretary of State.
F7315
For the purposes of this section “the appropriate age-related percentage”, in relation to a tax year beginning before F631the first abolition date, is the percentage (or percentages) specified as such for that tax year in an order made under section 41A (as it had effect prior to that date).
F69041A Alteration of rates of minimum contributions under section 41.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F74941BF88 Money purchase and personal pension schemes: verification of ages
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effect of entitlement to guaranteed minimum pensions on payment of social security benefits
42 Effect of entitlement to guaranteed minimum pensions on payment of social security benefits.
1
Where for any period a person is entitled both—
a
b
to one or more guaranteed minimum pensions,
the weekly rate of the benefit mentioned in paragraph (a) shall for that period be reduced by an amount equal—
F91i
to that part of its additional pension which is attributable to earnings factors for any tax years ending before the principal appointed day,
ii
to the weekly rate of the pension mentioned in paragraph (b) (or, if there is more than one such pension, their aggregate weekly rates),
whichever is the less.
F922
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F933
Where for any period—
a
a person is entitled to one or more guaranteed minimum pensions; and
b
he is also entitled to long-term incapacity benefit under section 30A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992,
for that period an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions shall be deducted from any increase payable under regulations under section 30B(7) of that Act and he shall be entitled to such an increase only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.
4
Where for any period—
a
a person is entitled to one or more guaranteed minimum pensions;
b
he is also entitled to a Category A retirement pension under section 44 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and
c
the weekly rate of his pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act,
for that period section 47 of that Act shall have effect as if the following subsection were substituted for subsection (3)—
3
In subsection (2) above “the relevant amount” means an amount equal to the aggregate of—
a
the additional pension; and
b
the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions,
reduced by the amount of any reduction in the weekly rate of the Category A retirement pension made by virtue of section 42(1) of the Pension Schemes (Northern Ireland) Act 1993.
5
Where for any period—
a
a person is entitled to one or more guaranteed minimum pensions;
b
he is also entitled to a Category A retirement pension under section 44 of the M11Social Security Contributions and Benefits (Northern Ireland) Act 1992; and
c
the weekly rate of his Category A retirement pension does not include an additional pension such as is mentioned in subsection (3)(b) of that section,
for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under section 47(1) of that Act and the pensioner shall be entitled to an increase under that section only if there is a balance remaining after that deduction and, if there is such a balance, of an amount equal to it.
6
Where for any period—
a
a person is entitled to one or more guaranteed minimum pensions;
b
he is also entitled—
F94i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
to a Category A retirement pension under section 44 of that Act; or
c
the weekly rate of the pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act,
for that period paragraph 3 of Schedule 7 to that Act shall have effect as if the following sub-paragraph were substituted for sub-paragraph (3)—
3
In this paragraph “the relevant amount” means an amount equal to the aggregate of—
a
the additional pension; and
b
the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions,
reduced by the amount of any reduction in the weekly rate of the pension made by virtue of section 42(1) of the Pension Schemes (Northern Ireland) Act 1993.
7
Where for any period—
a
a person is entitled to one or more guaranteed minimum pensions;
b
he is also entitled to any of the pensions under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 mentioned in subsection (6)(b); and
c
the weekly rate of the pension does not include an additional pension such as is mentioned in section 44(3)(b) of that Act,
for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under paragraph 3 of Schedule 7 to that Act and the beneficiary shall be entitled to an increase only if there is a balance after that deduction and, if there is such a balance, only to an amount equal to it.
8
In this section “the relevant amount” means an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions—
F97a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in the case of subsection (5), reduced by the amount of any reduction in the weekly rate of the Category A retirement pension made by virtue of subsection (1);
and references in this section to the weekly rate of a guaranteed minimum pension are references to that rate without any increase under section 11(1).
F989
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F79010
In this section a reference to “additional pension” does not include any amount of additional pension attributable to units of additional pension.
11
For units of additional pension, see section 14A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
43 Further provisions concerning entitlement to guaranteed minimum pensions for the purposes of s. 42.
1
The reference in section 42(1) to a person entitled to a guaranteed minimum pension shall be construed as including a reference to a person so entitled by virtue of being the widower F462, surviving same sex spouseF592or surviving civil partner of an earner F563 in any case where he is entitled to a benefit other than a widowed parent's allowance F99... only if—
F577a
he is also entitled to a Category B retirement pension by virtue of the earner's contributions (or would be so entitled but for section 43(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992); or
b
he is also entitled to a Category A retirement pension by virtue of F775 section 41(5) of that Act.
2
For the purposes of section 42 a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled—
a
if its commencement had not been postponed, as mentioned in section 9(4); or
C19b
if there had not been made a transfer payment or transfer under regulations made by virtue of section 16 as a result of which—
i
he is no longer entitled to guaranteed minimum pensions under the scheme by which the transfer payment or transfer was made, and
ii
he has not become entitled to guaranteed minimum pensions under the scheme to which the transfer payment or transfer was made.
3
Where—
a
guaranteed minimum pensions provided for a member or the member’s F997widow, widower or surviving civil partner under a contracted-out scheme have been wholly or partly secured as mentioned in subsection (3) of section 15; and
b
either—
i
the transaction wholly or partly securing them was carried out before 1st January 1986 and discharged the trustees or managers of the scheme as mentioned in subsection (1) of that section; or
ii
it was carried out on or after that date without any of the requirements specified in subsection (5)(a) to (c) of that section being satisfied in relation to it and the scheme has been wound up; and
c
any company with which any relevant policy of insurance or annuity contract was taken out or entered into is unable to meet the liabilities under policies issued or securities given by it; and
d
the combined proceeds of—
i
any relevant policies and annuity contracts, and
ii
any cash sums paid or alternative arrangements made under the F437Financial Services Compensation Scheme,
are inadequate to provide the whole of the amount secured,
the member and the member’s F997widow, widower or surviving civil partner shall be treated for the purposes of section 42 as only entitled to such part (if any) of the member’s or, as the case may be, the member’s F585widow's, widower’s or surviving civil partner's guaranteed minimum pension as is provided by the proceeds mentioned in paragraph (d).
4
A policy or annuity is relevant for the purposes of subsection (3) if taking it out or entering into it constituted the transaction to which section 15 applies.
5
For the purposes of section 42 a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled—
a
if a lump sum had not been paid instead of that pension under provisions included in a scheme by virtue of section 17(1); or
b
if that pension had not been forfeited under provisions included in a scheme by virtue of section 17(2).
F1006
For the purposes of section 42, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for F760 section 10(2A) and any reduction under section 11A.
F1017
For the purposes of section 42, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for any order under Article 315A of the Insolvency (Northern Ireland) Order 1989 (recovery of excessive pension contributions).
F8238
For the purposes of section 42, a person shall be treated as entitled to a guaranteed minimum pension to which he would have been entitled but for the fact that the trustees or managers were discharged from their liability to provide that pension on the Board of the Pension Protection Fund assuming responsibility for the scheme.
F8269
For the purposes of section 42, a person shall be treated as entitled to a guaranteed minimum pension to which, in the opinion of the Commissioners for Her Majesty's Revenue and Customs, he would have been entitled but for F488the amendment of a scheme so that it no longer contains the guaranteed minimum pension rulesF488GMP conversion (within the meaning given by section 20A(1)) in relation to the person .
10
Where the earner's accrued rights have been transferred after the amendment of the scheme, in making the calculation under subsection (9) the Commissioners shall assume the application of section 12(1) after the transfer.
11
In making the calculation under subsection (9) the Commissioners shall ignore any effect of the scheme being wound up.
F10244 Reduced benefits where minimum payments or minimum contributions paid.
1
Subject to subsection (3), this subsection applies where for any period—
a
minimum payments have been made in respect of an earner to an occupational pension scheme which is a money purchase contracted-out scheme in relation to the earner’s employment, or
b
minimum contributions have been paid in respect of an earner under section 39.
2
Where subsection (1) applies then, for the purposes of section 42—
a
the earner shall be treated, as from the date on which he reaches pensionable age, as entitled to a guaranteed minimum pension at a prescribed weekly rate arising from that period in that employment;
F103b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
and where subsection (1)(b) applies, paragraphs (a) to (c) of this subsection apply also for the purposes of F105section47(2) of the M12Social Security Contributions and Benefits (Northern Ireland) Act 1992 and paragraph 3(2) of Schedule 7 to that Act, but with the omission from paragraph (a) of the words “in that employment”.
3
Where the earner is a married woman or widow, subsection (1) shall not have effect by virtue of paragraph (a) of that subsection in relation to any period during which there is operative an election that her liability in respect of primary Class 1 contributions shall be a liability to contribute at a reduced rate.
4
The power to prescribe a rate conferred by subsection (2)(a) includes power to prescribe a nil rate.
F106 Effect of reduced contributions and rebates on social security benefits
S. 44A and cross-heading inserted (6.4.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 137(1); S.R. 1996/91, art. 2(d), Sch. Pt. IV; S.R. 1997/192, art. 2(b)
44AF107 Additional pension and other benefits.
1
F975In relation to—
a
any tax week falling before the first abolition date where the amount of a Class 1 contribution attributable to section 8(1)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in respect of the earnings paid to or for the benefit of an earner in that week was reduced under section 38A of this Act (as it then had effect),
b
any tax week falling before the second abolition date where the amount of a Class 1 contribution attributable to section 8(1)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in respect of the earnings paid to or for the benefit of an earner in that week was reduced under section 37 of this Act (as it then had effect), or
c
any tax week falling before the first abolition date where an amount was paid under section 41(1) of this Act (as it then had effect) in respect of the earnings paid to or for the benefit of an earner,
section 44(6) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (earnings factors for additional pension) shall have effect, except in prescribed circumstances, as if no F436such primary Class 1 contributions had been paid or treated as paid upon those earnings for that week and section 45A of that Act did not apply (where it would, apart from this subsection, apply).
C1462
Where the whole or part of a contributions equivalent premium has been paid or treated as paid in respect of the earner, the Department may make a determination reducing or eliminating the application of subsection (1).
3
Subsection (1) is subject to regulations under paragraph 5(3A) to (3E) of Schedule 1.
4
Regulations may, so far as is required for the purpose of providing entitlement to additional pension (such as is mentioned in section 44(3)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992) but to the extent only that amount of additional pension is attributable to provision made by regulations under section 45(5) of that Act, disapply subsection (1).
5
In relation to earners where, by virtue of subsection (1), section 44(6) of Social Security Contributions and Benefits (Northern Ireland) Act 1992 has effect, in any tax year, as mentioned in that subsection in relation to some but not all of their earnings, regulations may modify the application of section 44(5) F108or (5A) of that Act.
F109Women, married women and widows
S. 45 substituted (16.12.1995) by S.I. 1995/3213 (N.I. 22), arts. 1(3), 123, Sch. 2 Pt. III para. 12
F73545 Women, married women and widows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter III Termination of Contracted-out or Appropriate Scheme Status: State Scheme Premiums
Approval of arrangements for schemes ceasing to be certified
C20C11746 Powers of Board to approve arrangements for scheme ceasing to be certified.
F4451
In the case of an occupational pension scheme F977... which is or has been certified as a F800salary related contracted-out scheme, the F110Inland Revenue may, for the event of, or in connection with, its ceasing to be such a scheme, approve any arrangements made or to be made in relation to the scheme, or for its purposes, for the preservation or transfer—
F482a
of earners’ accrued rights to guaranteed minimum pensions under the scheme or accrued rights to pensions under the scheme attributable to their service on or after the principal appointed day, and
F482b
of the liability for the payment of such pensions in respect of persons who have then become entitled to receive them.
F1111A
The power of the F110Inland Revenue to approve arrangements under this section—
a
includes power to approve arrangements subject to conditions, and
b
may be exercised either generally or in relation to a particular scheme.
F1111B
Arrangements may not be approved under this section unless any prescribed conditions are met
2
If the scheme ceases to be a F603salary related contracted-out scheme (whether by being wound up or otherwise) and the F110Inland Revenue either—
b
F112have declined to approve arrangements relating to it,
the F110Inland Revenue may issue a certificate to that effect.
3
4
Regulations may provide that where the F110Inland RevenueF115 have approved arrangements under subsection (1) in respect of an occupational pension scheme F920... any provision of this Part (other than sections 14, 15, F61527 and 29 and F70239 and 41) or Chapter III of Part IV or Chapter II of Part V shall have effect subject to such modifications as may be specified in the regulations.
5
Any such regulations shall have effect in relation to arrangements whenever approved, unless they provide that they are only to have effect in relation to arrangements approved after they come into operation.
6
It is hereby declared that an approval of arrangements relating to an occupational pension scheme F864to which subsection (1) applies may be withdrawn at any time, notwithstanding that the scheme has been wound up.
F1167
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47 Calculation of guaranteed minimum pensions preserved under approved arrangements.
1
This section applies where—
a
an earner’s guaranteed minimum pension rights or accrued rights to guaranteed minimum pensions under a scheme F117satisfy prescribed conditions, and
b
one or more of the five tax years ending with the tax year in which the scheme F767ceased to be contracted-out is a relevant year in relation to the earner.
2
Where this section applies then, except in such circumstances as may be prescribed, section 12(1) shall have effect, subject to the following provisions, that is to say—
a
any earnings factor shall be taken to be that factor as increased by the last order under Article 23 of the M13Social Security Pensions (Northern Ireland) Order 1975 or section 130 of the M14Social Security Administration (Northern Ireland) Act 1992 to come into operation before those five tax years; and
b
any relevant earnings factors derived from contributions or earnings in respect of any year (“the relevant contributions year”) shall be treated as increased by 12 per cent. compound for each of those five tax years, other than any of those years which—
i
constitutes or begins before the relevant contributions year, or
ii
begins after the final relevant year in relation to the earner.
3
Subsection (2) shall not apply in any case where its application would result in the amount of the guaranteed minimum being greater than it would have been apart from that subsection.
4
Regulations may provide that subsections (1) to (3) shall have effect with prescribed modifications in relation to a scheme which, immediately before it ceased to be contracted-out, contained provisions authorised by section 12(2).
5
In this section “relevant year” and “final relevant year” have the same meanings as in section 12.
Supervision of formerly certified schemes
48F680Supervision of former salary related contracted-out schemes
Section 49 shall apply for the purpose of making provision for securing the continued supervision of any scheme that was a salary related contracted-out scheme, other than a public service pension scheme, if any person is entitled to receive or has accrued rights to—
a
a guaranteed minimum pension under the scheme, or
b
a pension under the scheme attributable to service on or after the principal appointed day but before the scheme ceased to be contracted-out.
C8349 Supervision: former contracted-out schemes.
F1181
1A
An appeal on a point of law shall lie to the High Court from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.
1B
A direction under subsection (1) shall be enforceable as if it were an order of the county court.
F8781C
But where a direction under subsection (1) conflicts with a freezing order made by the Regulatory Authority under Article 19 of the Pensions (Northern Ireland) Order 2005 in relation to the scheme then, during the period for which the freezing order has effect, the direction to the extent that it conflicts with the freezing order—
a
is not binding as described in subsection (1), and
b
is not enforceable as described in subsection (1B).
F1212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1203
F753If a certificate has been issued under subsection (2) of section 46 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 48(2A)(a) F900... must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the F119Inland Revenue may allow.
F1214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69750 Supervision: former appropriate personal pension schemes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F869PART IIIA...
Pt. 3A repealed (6.4.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 79, 118(1), Sch. 10 Pt. 2 (with s. 73); S.R. 2009/22, art. 2(2)(a)(d)
F86964A Safeguarded rights.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86964B Requirements relating to safeguarded rights.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86964C Reserve powers in relation to non-complying schemes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86964D Power to control transfer or discharge of liability.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Protection for Early Leavers
C93C143C62C51C145C82C144Chapter I Preservation of Benefit Under Occupational Schemes
Pt. 4 Ch. 1 modified (1.4.2015) by The Firefighters Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/166), regs. 1, 7(1)
Pt. 4 Ch. 1 modified (1.4.2015) by The Police Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/156), regs. 1(2), 7(1)
Pt. 4 Ch. 1 modified (1.4.2015) by The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015/76), reg. 1(3), Sch. 3 para. 5(1)
Pt. 4 Ch. 1 modified (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/81), regs. 1(1), 7(1)
Pt. 4 Ch. 1 modified (1.4.2015) by The Teachers Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/170), regs. 1, 7(1)
Pt. 4 Ch. 1 modified (1.4.2015) by The Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/167), regs. 1, 7(1)
Pt. IV Ch. I: power to modify conferred (16.3.2022 for specified purposes, 6.4.2022 in so far as not already in force) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(2), Sch. 1 para. 1(6)(a); S.R. 2022/110, art. 2(a)(b)
65 Scope of Chapter I: the preservation requirements.
1
This Chapter has effect in relation to the preservation of benefit under occupational pension schemes to which it applies.
2
In this Act “the preservation requirements” means the requirements specified in or under sections 67 to 78.
3
This Chapter applies to any occupational pension scheme whose resources are derived in whole or in part from—
a
payments made or to be made by one or more employers of earners to whom the scheme applies, being payments either—
i
under an actual or contingent legal obligation; or
ii
in the exercise of a power conferred, or the discharge of a duty imposed, on a Minister of the Crown, government department or any other person, being a power or duty which extends to the disbursement or allocation of public money; or
b
such other payments by the earner or his employer, or both, as may be prescribed for different categories of scheme.
66 Interpretation (Part IV).
1
In this Chapter—
“scheme” means an occupational pension scheme to which this Chapter applies;
“relevant employment”, in relation to a scheme, means any employment to which the scheme applies;
“long service benefit”, in relation to a scheme, means the benefits which will be payable under the scheme, in accordance with legal obligation, to or in respect of a member of the scheme on the assumption—
- a
that he remains in relevant employment, and
- b
that he continues to render service which qualifies him for benefits,
until he attains normal pension age; and in this definition “benefits” means—
- i
retirement benefit for the member himself at normal pension age, or
- ii
benefit for the member’s F772wife, husband, civil partner, widow, widower or surviving civil partner, or dependants, or others, on his attaining that age or his later death, or
- iii
both such descriptions of benefit.
- a
2
In this Act “pensionable service”, in relation to a scheme and a member of it, means, subject to subsection (3), service in relevant employment which qualifies the member (on the assumption that it continues for the appropriate period) for long service benefit under the scheme.
3
There shall be taken into account as pensionable service only actual service, that is to say—
a
service notionally attributable for any purposes of the scheme is not to be regarded as pensionable service; and
b
no account is to be taken of scheme rules by which a period of service can be treated for any purpose as being longer or shorter than it actually is.
C6667 Basic principle as to short service benefit.
1
A scheme must make such provision that where a member’s pensionable service is terminated before normal pension age and—
a
he has at least 2 years’ qualifying service,
F644aa
he has at least 30 days' qualifying service and, if he were entitled to benefit because of this paragraph, all of it would necessarily be money purchase benefit, or
b
a transfer payment in respect of his rights under a personal pension scheme has been made to the scheme,
he is entitled to benefit consisting of or comprising benefit of any description which would have been payable under the scheme as long service benefit, whether for himself or others, and calculated in accordance with this Chapter.
2
The benefit to which a member is entitled under subsection (1) is referred to in this Act as “short service benefit”.
F9823
Subject to F744subsections (4) and (5A), short service benefit must be made payable as from an age which is no greater than—
a
the age of 65, or
b
if in the member's case normal pension age is greater than 65, normal pension age.
4
Short service benefit payable on or in respect of the member’s death after normal pension age must be made payable as from his death or within such time after it as long service benefit payable on or in respect of his death would be payable.
5
In applying subsections (3) and (4), no regard is to be had to the operation of any scheme rule, taking effect at any time after termination of the member’s pensionable service, as to what is normal pension age under the scheme.
F5465A
Subsection (3) does not apply in relation to a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014.
6
A scheme must not provide for payment of short service benefit in the form of a lump sum at any time before normal pension age, except in such circumstances as may be prescribed.
7
In subsection (1) “2 years’ qualifying service” means 2 years (whether a single period of that duration or two or more periods, continuous or discontinuous, totalling 2 years) in which the member was at all times employed either—
a
in pensionable service under the scheme; or
b
in service in employment which was contracted-out by reference to the scheme; or
c
in linked qualifying service under another scheme.
8
For the purposes of subsection (7), no regard shall be had to whether or not the service was of the same description in the whole of the 2 years.
9
A period of service previously terminated is not to count towards the 2 years’ qualifying service unless it counts towards qualification for long service benefit, and need then count only to the same extent and in the same way.
F67310
Subsections (7) to (9) apply, with the substitution for references to 2 years of references to 30 days, for determining whether a person has at least 30 days' qualifying service for the purposes of subsection (1).
11
Subsection (1)(aa) does not apply in relation to a person's membership of a scheme if any period of relevant service began before the day on which section35 of the Pensions Act (Northern Ireland) 2015 came into operation (whether or not it also ended before that date).
“Relevant service” means service that counts towards the 30 days' qualifying service for the purposes of subsection (1).
68 No discrimination between short service and long service beneficiaries.
1
A scheme must not contain any rule which results, or can result, in a member being treated less favourably for any purpose relating to short service benefit than he is, or is entitled to be, treated for the corresponding purpose relating to long service benefit.
2
Subsection (1) does not apply to any rule in its application to members whose pensionable service terminated before the rule came into force, unless the rule—
a
was made after the termination of a member’s pensionable service; and
b
results, or is capable of resulting, in any treatment less favourable for him than that to which he would have been entitled but for the rule.
3
Subsection (1) does not apply to a rule which merely confers discretion on the scheme’s trustees or managers, or others, so long as it is not a rule requiring the discretion to be exercised in any discriminatory manner against members in respect of their short service benefit.
F4974
This section is subject to subsections (3) and (6) of section 67 (age at which short service benefit is to be payable).
C10669 Form of short service benefit and its alternatives.
1
Subject to subsection (2) and section 77, a member’s short service benefit must be—
a
payable directly out of the resources of the scheme; or
b
assured to him by such means as may be prescribed.
2
Subject to subsections (3) to (5), a scheme may, instead of providing short service benefit, provide—
a
for the member’s accrued rights (including any transfer credits allowed under the scheme)—
i
to be transferred to another occupational pension scheme with a view to acquiring transfer credits for the member under the other scheme, or
b
for such alternatives to short service benefit as may be prescribed.
3
The option conferred by subsection (2)(a) is additional to any obligation imposed by F818Chapter 1 of Part 4ZA .
4
The alternatives specified in subsection (2)(a) and (b) may only be by way of complete or partial substitute for short service benefit—
a
if the member consents; or
b
in such other cases as may be prescribed.
5
An alternative prescribed under subsection (2)(b) may only include payment by way of return of contributions—
a
if they relate to a period of service before 6th April 1975; or
b
if there has been such a payment relating to a period of service before that date and the contributions relate to a period of service of less than 5 years after that date.
70 Computation of short service benefit.
1
Subject to the provisions of this section, a scheme must provide for short service benefit to be computed on the same basis as long service benefit.
2
For that purpose, no account is to be taken of any rule making it (directly or indirectly) a condition of entitlement to benefit that pensionable service shall have been of any minimum duration.
3
Subsection (1) does not apply to so much of any benefit as accrues at a higher rate, or otherwise more favourably, in the case—
a
of members with a period of pensionable service of some specified minimum length, or
b
of members remaining in pensionable service up to some specified minimum age.
4
Subsection (1) does not apply to so much of any benefit as is of an amount or at a rate unrelated to length of pensionable service or to the number or amount of contributions paid by or for the member.
5
Regulations may provide that subsection (1) shall not apply to any category of schemes or members, or description of benefit.
6
So far as any short service benefit is not required to be computed in accordance with subsection (1), it must be computed on the basis of uniform accrual, so that at the time when pensionable service is terminated, it bears the same proportion to long service benefit as the period of that service bears to the period from the beginning of that service to the time when the member would attain normal pension age or such lower age as may be prescribed.
7
Where long service benefit is related to a member’s earnings at, or in a specified period before, the time when he attains normal pension age, short service benefit must be related, in a corresponding manner, to his earnings at, or in the same period before, the time when his pensionable service is terminated.
8
A scheme must comply with any regulations relating to the basis of computation of short service benefit, including regulations providing for the avoidance of fractional amounts and otherwise to facilitate computation.
C7771 Credits.
1
In this section—
“supplementary credits”, in relation to a scheme and a member’s entitlement to its benefits, means any increase of benefit or additional benefit to which the member may become entitled—
- a
in consequence of any provision made by or under the scheme after he becomes a member of it (to the extent that it applies to any previous pensionable service of his); or
- b
by reference to previous service of his (whether or not pensionable service); or
- c
in such other circumstances as may be prescribed,
including under paragraph (b) any transfer credits;
- a
“purchased credits” means supplementary credits for which, under the rules of the scheme, a member may or must make a payment in whole or in part (whether by means of additional contributions, or of deduction from benefit, or otherwise, and whether separately for each credit or by one or more payments for one or more credits);
“bonus credits” means supplementary credits other than purchased credits or transfer credits.
2
Subject to subsections (3) to (7), if a scheme provides for long service benefit to include supplementary credits, it must—
a
provide for such credits to be included in short service benefit, and
b
provide for all credits to be so included.
3
Where purchased credits have not been paid for in full at or before termination of pensionable service, the short service benefit must include the appropriate proportion of the credits.
4
In subsection (3) “the appropriate proportion of the credits” means—
a
if they were to be paid for by a fixed amount, the same proportion as the amount paid bears to the full amount payable; and
b
otherwise, the same proportion as the period between the time when the first payment became due and the termination of the member’s pensionable service bears to the whole period over which payment was to be made.
5
If the benefit includes bonus credits, or credits for which payment is to be made by deduction from that or another benefit, the credits to be included in the benefit and (where applicable) the amount of the deduction must be computed on the assumption—
a
that the credits accrue in full only to a member remaining in pensionable service until normal pension age; and
b
that the amount of any such credit, and also of any relevant deduction, accrues at a uniform rate from the time when the credit was awarded up to the time of his attaining that age.
6
Where any such deduction is a percentage of benefit, the percentage must be the same for short service as for long service benefit.
7
A scheme must comply with any regulations made with respect to the manner in which supplementary credits are to be included in short service benefit, including regulations providing for the avoidance of fractional amounts and otherwise to facilitate computation.
72 Pension increases.
1
A scheme which by its rules provides for increases of long service benefit from time to time (whether by way of upwards revaluation or otherwise) must provide for corresponding increases of short service benefit in the case of members whose pensionable service terminates at any time after the coming into force of any such rule.
2
Where the provision for increasing long service benefit involves the exercise of a discretion, a corresponding discretion must be conferred in relation to short service benefit.
3
If an increase of long service benefit is to take effect at a specified time after termination of service, the corresponding increase of short service benefit must take effect at the same time after the time when short service benefit becomes payable.
4
Where provision is made for increase of long service benefit otherwise than at a fixed rate, short service benefit may nevertheless be subject to increase at a fixed rate, if the rate is at least 3 per cent. a year compound.
F17273
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17374
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17475
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17576. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
77 Discharge of liability where short service or alternative benefits secured by insurance policies or annuity contracts.
A transaction to which section 15 applies discharges the trustees or managers of an occupational pension scheme from their liability to provide for or in respect of any person short service benefit or any alternative to short service benefit—
a
if it is carried out not earlier than the time when that person’s pensionable service terminates; and
b
if and to the extent that it results in short service benefit or any alternative to short service benefit for or in respect of that person being appropriately secured (within the meaning of that section); and
c
if and to the extent that the requirements set out in paragraph (a) or (c) of section 15(5) are satisfied.
78 Supplementary regulations.
1
Regulations may provide that a scheme is not to be treated as conforming with the preservation requirements unless it contains express rules to the effect (but not necessarily in the words) of any specified provision contained in sections 67 to F17672.
2
Regulations may make provision as to the circumstances in which, for the purposes of sections 66 to F17672—
a
a period of a person’s service in two or more different employments is to be treated as a period of service in one or more of those employments; or
b
a person’s service in any employment is to be treated as terminated or not terminated.
C105C120C128C90C46C124C87Chapter II Revaluation of Accrued Benefits (Excluding Guaranteed Minimum Pensions)
Pt. 4 Ch. 2 modified (1.4.2015) by The Police Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/156), regs. 1(2), 8(1)
Pt. 4 Ch. 2 modified (1.4.2015) by The Teachers Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/170), regs. 1, 8(1)
Pt. 4 Ch. 2 modified (1.4.2015) by The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015/76), reg. 1(3), Sch. 3 para. 6(1)
Pt. 4 Ch. 2 modified (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/81), regs. 1(1), 8(1)
Pt. 4 Ch. 2 modified (1.4.2015) by The Firefighters Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/166), regs. 1, 8(1)
Pt. 4 Ch. 2 modified (1.4.2015) by The Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/167), regs. 1, 8(1)
Pt. IV Ch. II: power to modify conferred (16.3.2022 for specified purposes, 6.4.2022 in so far as not already in force) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(2), Sch. 1 para. 1(6)(b); S.R. 2022/110, art. 2(a)(b)
79 Scope of Chapter II.
1
This Chapter applies for the purpose of revaluing—
a
F177relevant benefits payable to or in respect of a member of an occupational pension scheme where—
i
his pensionable service ends on or after 1st January 1986;
ii
on the date on which his pensionable service ends (in this Chapter referred to as “the termination date”) he has accrued rights to benefit under the scheme;
iii
the period beginning with the day after the termination date and ending with the date on which he attains normal pension age (in this Chapter referred to as “the pre-pension period”) is at least 365 days; and
iv
in the case of benefit payable to any other person in respect of the member, the member dies after attaining normal pension age; and
b
F177relevant benefits payable to or in respect of a member of a personal pension scheme—
i
in respect of whom contributions to the scheme have ceased to be paid; and
ii
who has accrued rights to benefit under the scheme.
F1781A
The following are relevant benefits for the purposes of subsection (1)—
a
any benefits payable otherwise than by virtue of rights which are attributable (directly or indirectly) to a pension credit, and
b
in the case of a salary related occupational pension scheme, any benefits payable by virtue of such rights, to the extent that the rights involve the member being credited by the scheme with notional pensionable service.
F7541B
The reference in subsection (1)(a)(iii) to normal pension age is to be read, in relation to a person who is an active or deferred member of a scheme under section 1 or section 32(7) of the Public Service Pensions Act (Northern Ireland) 2014, as—
a
the member's normal pension age within the meaning of that Act, or
b
the member's deferred pension age within the meaning of that Act, if that is later.
In this subsection “active member” and “deferred member”, in relation to such a scheme, have the meanings given by Article 121(1) of the Pensions (Northern Ireland) Order 1995.
2
In calculating 365 days for the purpose of subsection (1)(a)(iii), any day which is 29th February shall be disregarded.
3
In subsection (1)(b)—
a
the reference to a personal pension scheme does not include a scheme which is comprised in an annuity contract made before 4th January 1988; and
b
the reference to contributions includes any minimum contributions.
F1794
For the purposes of this section, an occupational pension scheme is salary related if—
a
it is not a money purchase scheme, and
b
it does not fall within a prescribed class.
C8080 Basis of revaluation.
C761
F742Subject to subsections (2) to (3B), in the case of such benefits as are mentioned in section 79(1)(a), any pension or other retirement benefit payable under the scheme in question to the member and any pension or other benefit payable under it to any other person in respect of him, is to be revalued by the final salary method.
2
If—
a
any such benefit is an average salary benefit or flat rate benefit; and
b
it appears to the trustees or managers of the scheme under which it is payable that it is appropriate to revalue the benefit by the average salary method or, as the case may be, the flat rate method,
then the benefit shall be revalued using that method.
3
If any benefit such as is mentioned in paragraph (a) of section 79(1) is a money purchase benefit F974other than a collective money purchase benefit, and in the case of such benefit as is mentioned in paragraph (b) of that section, the benefit shall be revalued using the money purchase method.
F8933A
If—
a
any such benefit as is mentioned in section 79(1)(a) is a cash balance benefit in respect of which the available sum is not calculated by reference to final salary;
b
the benefit is attributable to periods of pensionable service falling on or after the day on which section 27 of the Pensions Act (Northern Ireland) 2012 (definition of money purchase benefits) comes into operation; and
c
it appears to the trustees or managers of the scheme under which it is payable that it is appropriate to revalue the benefit by the cash balance method,
then the benefit shall be revalued using that method.
F8123AA
If any such benefit as is mentioned in section 79(1)(a) is a collective money purchase benefit, the benefit shall be revalued using the cash balance method.
3B
Where a cash balance benefit in respect of which the available sum is not calculated by reference to final salary—
a
is attributable to periods of pensionable service falling partly before and partly on or after the day on which section 27 of the Pensions Act (Northern Ireland) 2012 comes into operation; and
b
it appears to the trustees or managers of the scheme under which it is payable that it is appropriate to revalue so much of the benefit as is attributable to the member’s pensionable service falling on or after that day by the cash balance method,
then so much of the benefit as is attributable to the member’s pensionable service falling on or after that day shall be revalued using that method.
4
In this section—
“average salary benefit” means benefit the rate or amount of which is calculated by reference to the average salary of a member over the period of service on which the benefit is based;
F743“cash balance benefit” has the meaning given by regulation 2 of the Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014;
“final salary”, in relation to a member to or in respect of whom benefits under a pension scheme are payable, means the member’s pensionable earnings, or highest, average or representative pensionable earnings, in a specified period ending at, or defined by reference to, the time when the member’s pensionable service in relation to that scheme ends;
“flat rate benefit” means any benefit the rate or amount of which is calculated by reference solely to the member’s length of service;
“average salary method”, F470“cash balance method”, “final salary method”, “flat rate method” and “money purchase method” have the meanings given in Schedule 2.
F520“pensionable earnings”, in relation to a member of a pension scheme, means earnings by reference to which benefits under the scheme are calculated.
5
The fact that a scheme provides for the amount of the pension or other benefit for a member or for any other person in respect of him to be increased during the pre-pension period—
a
b
under any arrangement which maintains the value of the pension or other benefit by reference to the rise in F444the general level of prices during that period,
F180b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6206
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
81 Revaluation not to apply to substituted benefit.
Nothing in this Chapter is to be construed as requiring the revaluation of any pension or other benefit provided by virtue of section 69(2)(b) F181or 97D(2)(b) by way of complete substitute for another pension or benefit.
82 Supplementary provisions.
1
In making any calculation for the purposes of this Chapter in relation to any occupational pension scheme—
a
any commutation, forfeiture or surrender of,
b
any charge or lien on, and
c
any set-off against,
the whole or part of a pension shall be disregarded.
2
The same money may not be treated as providing both the increase in benefit required by this Chapter and the benefit required by Chapter III.
C31C98C60C135C132C52C108C151C156C150C155C153Chapter III Protection of Increases in Guaranteed Minimum Pensions (“Anti-franking”)
Pt. 4 Ch. 3 (ss. 83-88) modified (12.2.2001 for specified purposes) by 2000 c. 4 (N.I.), s. 52, Sch. 5 Pt. II paras. 12-15 (with s. 66(6)); S.R. 2000/374, art. 2(e) (art. 2(e)(ii) was omitted by virtue of S.R. 2001/141, art. 3
Pt. 4 Ch. 3 modified (temp.) (1.4.2015) by The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015/76), reg. 1(3), Sch. 3 para. 7(1)
Pt. 4 Ch. 3 modified (1.4.2015) by The Teachers Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/170), regs. 1, 9(1) (which amending provision ceases to have effect (6.4.2016) by virtue of S.R. 2016/134, reg. 2)
Pt. 4 Ch. 3 modified (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/81), regs. 1(1), 9(1) (which amending provision ceases to have effect (6.4.2016) by virtue of S.R. 2016/34, reg. 1(3))
Pt. 4 Ch. 3 modified (1.4.2015) by The Police Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/156), regs. 1(2), 9(1) (which amending provision ceases to have effect (6.4.2016) by virtue of S.R. 2016/24, reg. 1(2))
Pt. 4 Ch. 3 modified (1.4.2015) by The Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/167), regs. 1, 9(1) (which amending provision ceases to have effect (6.4.2016) by virtue of S.R. 2016/163, reg. 2)
Pt. 4 Ch. 3 modified (1.4.2015) by The Firefighters Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/166), regs. 1, 9(1) (which amending provision ceases to have effect (6.4.2016) by virtue of S.R. 2016/161, reg. 2)
Pt. 4 Ch. 3 modified by S.R. 2015/81, reg. 9A (as inserted) (6.4.2016) by The Public Service (Civil Servants and Others) Pensions (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/34), regs. 1(3), 4; 2015 c. 5 (N.I.), Sch. 13 para. 38
Pt. 4 Ch. 3 modified by S.R. 2015/170, reg. 9A (as inserted) (6.4.2016) by The Teachers’ Pension Scheme (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/134), regs. 2, 4; 2015 c. 5 (N.I.), Sch. 13 para. 38
Pt. 4 Ch. 3 modified by S.R. 2015/166, reg. 9A (as inserted) (6.4.2016) by The Firefighters’ Pension Scheme (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/161), regs. 2, 4; 2015 c. 5 (N.I.), Sch. 13 para. 38
Pt. 4 Ch. 3 modified by S.R. 2015/167, reg. 9A (as inserted) (6.4.2016) by The Health Service Workers (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/163), regs. 2, 4; 2015 c. 5 (N.I.), Sch. 13 para. 38
Pt. 4 Ch. 3 modified by S.R. 2015/156, reg. 9A (as inserted) (6.4.2016) by The Police Pensions (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/24), regs. 1(3), 3; 2015 c. 5 (N.I.), Sch. 13 para. 38
83 General protection principle.
1
This subsection applies where—
a
there is an interval between—
i
the date on which an earner ceases to be in employment which is contracted-out by reference to an occupational pension scheme F495that satisfies the requirements of section 5(2) (“the cessation date”); and
ii
the date on which his guaranteed minimum pension under that scheme commences (“the commencement of payment date”);
b
the relevant sum exceeds his guaranteed minimum on the day after the cessation date; and
c
on the commencement of payment date or at any time after it his guaranteed minimum pension under the scheme exceeds the amount of his guaranteed minimum under it on the day after the cessation date.
2
This subsection applies where—
a
there is an interval between the earner’s cessation date and whichever of the following is the earlier—
i
the date of his death; or
ii
his commencement of payment date; and
b
the relevant sum exceeds one half of the earner’s guaranteed minimum on the day after the cessation date; and
c
at any time when a pension under the occupational pension scheme is required to be paid to the earner’s F471widow, widower or surviving civil partner, the widow's, widower’s or surviving civil partner’s (as the case may be) guaranteed minimum pension under the scheme exceeds one half of the earner’s guaranteed minimum on the day after the cessation date.
3
Where subsection (1) or (2) applies, the weekly rate of the pension payable to the member at any time when that pension is required to be paid or, as the case may be, payable to the F599widow, widower or surviving civil partner at any such time as is mentioned in subsection (2)(c) shall be an amount not less—
a
in a case where by virtue of section 69(2)(b) a pension is provided by way of complete substitute for short service benefit or, as the case may be, for F467widow's, widower’s or surviving civil partner's pension, than the weekly rate of that pension; and
b
in any other case, than the relevant aggregate.
4
In subsection (3) “the relevant aggregate” means the aggregate of the following—
a
the relevant sum;
b
the excess mentioned in subsection (1)(c) or, as the case may be, subsection (2)(c);
c
any amount which is an appropriate addition at the time in question; and
d
where the scheme provides that part of the earner’s or, as the case may be, the F1017widow's, widower’s or surviving civil partner's pension shall accrue after the cessation date by reason of the earner’s employment after that date, the later earnings addition.
5
To the extent that amounts attributable to transfer credits have accrued by reason of any transfer before 1st January 1985, they are to be disregarded for the purposes of subsections (1)(c), (2)(c) and (4)(b).
6
Nothing in this section shall be construed as entitling an earner who has not reached normal pension age to any portion of a pension under a scheme to which he would not otherwise be entitled.
7
This section does not apply to a pension to which a person is entitled in respect of employment if—
a
the earner left the employment or left it for the last time before 1st January 1985; or
b
the employment ceased, or ceased for the last time, to be contracted-out in relation to him before that date.
84 The relevant sum.
1
For the purposes of this Chapter “the relevant sum” means—
a
in a case where subsection (1) of section 83 applies—
i
if the earner reaches normal pension age on or before the cessation date, an amount equal to the weekly rate of his pension on the day after the cessation date; and
ii
if he reaches normal pension age after the cessation date, an amount equal to the weekly rate of any short service benefit which has accrued to him on the cessation date or, where no such benefit has then accrued, any other benefit to which this sub-paragraph applies and which has then accrued to him; and
b
in a case where subsection (2) of that section applies, an amount equal to the weekly rate at which, on the prescribed assumptions, a pension would have begun to be paid to the F838widow, widower or surviving civil partner if that person had satisfied the conditions for entitlement to a pension which are specified in the scheme.
2
Paragraph (a) of subsection (1) has effect subject to subsection (5) and to sections 83(5) and 87(1), and paragraph (b) of subsection (1) has effect subject to section 83(5).
3
The benefit other than short service benefit to which subsection (1)(a)(ii) applies is benefit—
a
which would have been provided as either the whole or part of the earner’s short service benefit; or
b
of which the earner’s short service benefit would have formed part,
if section 67(1)(a) had effect with the substitution of a reference to the service which the earner had on the cessation date for the reference to 2 years’ qualifying service.
4
Any such benefit is only to be included in the relevant sum to the extent that it does not exceed the amount which the scheme would have had to provide as short service benefit if section 67(1) had effect as mentioned in subsection (3).
5
If the payment of any part of the earner’s pension is postponed beyond the cessation date, the relevant sum is an amount equal to what would have been the weekly rate of his pension on the day after the cessation date if there had been no such postponement.
85 The appropriate addition.
1
For the purposes of this Chapter “appropriate addition” means—
a
where a scheme provides that part of an earner’s or, as the case may be, a F843widow's, widower’s or surviving civil partner's pension shall accrue after the cessation date by reason of the earner’s employment after that date, an amount equal to the part which has so accrued; and
b
where a scheme provides that an earner’s or, as the case may be, a F843widow's, widower’s or surviving civil partner's pension which has accrued before that date shall be enhanced after that date if payment of the earner’s pension is postponed, the amount by which the unguaranteed element of the pension has been enhanced by reason of the postponement.
2
For the purposes of subsection (1)(b) the unguaranteed element of a pension is—
a
in the case of an earner’s pension, the excess of the pension on the day after the cessation date over the earner’s guaranteed minimum on that day; and
b
in the case of the F990widow's, widower’s or surviving civil partner's pension, the excess of that pension on that day over one half of the earner’s guaranteed minimum on that day.
86 The later earnings addition.
1
For the purposes of this Chapter “the later earnings addition” means the amount (if any) by which the assumed later unguaranteed element exceeds the unguaranteed element.
2
In subsection (1)—
a
“the unguaranteed element” means the amount by which the relevant sum exceeds the earner’s guaranteed minimum on the day after his cessation date or, in the case of a F660widow's, widower’s or surviving civil partner's pension, one half of that minimum; and
b
“the assumed later unguaranteed element” means the amount by which the relevant sum would exceed the earner’s guaranteed minimum (or, in the case of a F660widow's, widower’s or surviving civil partner's pension, one half of that minimum) on the assumptions mentioned in subsection (3).
3
The assumptions mentioned in subsection (2) are—
a
that the relevant sum were calculated on the basis that the weekly rate of the pension or benefit which determines that sum had been calculated by reference to the level of earnings by reference to which that rate would have been calculated if the earner’s cessation date had fallen on the earlier of—
i
the earner’s commencement of payment date, or
ii
the date on which the earner ceased to be in pensionable service under the scheme; and
b
that the earner’s guaranteed minimum were such sum as bears the same proportion to the assumed later unguaranteed element as the guaranteed minimum mentioned in subsection (2)(a) bears to the unguaranteed element.
87 Special provision where employment continues after it ceases to be contracted-out by reference to scheme.
1
If—
a
an earner’s employment ceases to be contracted-out by reference to an occupational pension scheme but the scheme continues to apply to it; or
b
an earner transfers from employment which is contracted-out by reference to an occupational pension scheme to employment to which the scheme applies but which is not contracted-out by reference to it,
the amount of any short service or other benefit which has accrued to the earner shall be computed for the purposes of section 84(1)(a)(ii) as it would be computed if he had ceased on the cessation date to be in employment to which the scheme applies.
2
If—
a
a benefit under a scheme is conditional on an earner attaining a particular age or having a particular length of service; and
b
one of the events mentioned in subsection (1) occurs before he has fulfilled the condition; but
c
he continues to be in employment to which the scheme applies until he has done so,
the earner shall be treated for the purposes of the previous provisions of this Chapter as if that benefit had accrued to him.
88 Supplementary provisions.
1
In making any calculation for the purposes of this Chapter—
a
any commutation, forfeiture or surrender of,
b
any charge or lien on, and
c
any set-off against,
the whole or part of a pension shall be disregarded.
2
In calculating an earner’s guaranteed minimum for the purposes of this Chapter his earnings factor shall be taken to be that factor as increased, except as provided by subsection (3), by the last order under Article 23 of the M18Social Security Pensions (Northern Ireland) Order 1975 or section 130 of the M19Social Security Administration (Northern Ireland) Act 1992 to come into operation before the end of the tax year in which the cessation date falls.
3
If an earner’s cessation date falls in the tax year in which he attains pensionable age, subsection (2) shall have effect in relation to him as if for the words from “tax year” onwards there were substituted the words “final relevant year”.
4
In this section “final relevant year” has the same meaning as in section 12.
5
Any reference in this Chapter to the weekly rate of a pension is to be construed, in relation to a pension payable otherwise than weekly, as a reference to the weekly sum which would be payable in respect of a pension of that amount payable weekly.
F652PART 4ZATRANSFERS AND CONTRIBUTION REFUNDS
Pts. 4, 5 renumbered as Pt. 4ZA Chs. 1, 2 and Pt. 4ZA heading inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 50(1)(2)(a) (with s. 87)
C32C92C48C147C109C88C75C121C141C94C101C140F952CHAPTER 1TRANSFER RIGHTS: GENERAL
Pt. 4ZA Ch. 1 heading substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 50(1)(2)(b) (with s. 87)
Pt. 4 Ch. 4 applied (31.5.1994) by S.I. 1994/1432, art. 6(4)
Pt. 4 Ch. 4: power to modify conferred (25.2.2005 for specified purposes, 6.4.2005 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 20(7)(a) (with art. 285(5)); S.R. 2005/48, art. 2(4)(a)(b), Sch. Pt. 4
Pt. 4 Ch. 4 modified (1.4.2009) by Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009 (S.R. 2009/33), regs. 1, 74(1)(3)(7)
Pt. 4 Ch. 4 modified (1.4.2015) by The Teachers Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/170), regs. 1, 10(1)
Pt. 4 Ch. 4 modified (1.4.2015) by The Police Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/156), regs. 1(2), 10(1)
Pt. 4 Ch. 4 modified (1.4.2015) by The Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/167), regs. 1, 10(1)
Pt. 4 Ch. 4 modified (1.4.2015) by The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015/76), reg. 1(3), Sch. 3 para. 8(1)
Pt. 4 Ch. 4 modified (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/81), regs. 1(1), 10(1)
Pt. 4 Ch. 4 modified (1.4.2015) by The Firefighters Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/166), regs. 1, 10(1)
Pt. 4ZA Ch. 1 excluded (1.4.2017) by The Judicial Pensions (Fee-Paid Judges) Regulations 2017 (S.I. 2017/522), regs. 1, 71
Pt. 4ZA Ch. 1: power to modify conferred (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 5 para. 1(6)(a); S.R. 2022/197, art. 3(a)
Pt. 4ZA Ch. 1 excluded (1.8.2022) by S.R. 1996/619, reg. 2A (as inserted by The Occupational Pension Schemes (Collective Money Purchase Schemes) (Modifications and Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2022 (S.R. 2022/192), regs. 1(1), 3(3))
89C101C140F662Scope of Chapter 1
1
This Chapter applies to a member of a pension scheme if all of the following conditions are met.
2
Condition 1 is that the member has accrued rights to any category of benefits under the scheme rules.
3
Condition 2 is that no crystallisation event has occurred in relation to the member's accrued rights to benefits in that category (see subsection (7)).
4
Condition 3 is that—
a
the member is no longer accruing rights to benefits in that category (see subsection (8)), and
b
in the case of benefits that are not flexible benefits, the member stopped accruing those rights at least one year before normal pension age.
5
But this Chapter does not apply to—
a
a member of a salary related occupational pension scheme whose pensionable service terminated before 1 January 1986 and in respect of whom prescribed requirements are satisfied;
b
a member of a personal pension scheme which is comprised in an annuity contract made before 4 January 1988.
6
In this Chapter a reference to a “category” of benefits is to one of the following three categories—
a
money purchase benefits;
b
flexible benefits other than money purchase benefits;
c
benefits that are not flexible benefits.
7
For the purposes of Condition 2 a crystallisation event occurs in relation to a member's accrued rights to benefits in a category when—
a
payment of a pension in respect of any of the benefits has begun,
b
in the case of money purchase benefits F564other than collective money purchase benefits, sums or assets held for the purpose of providing any of the benefits are designated as available for the payment of drawdown pension (as defined by paragraph 4 of Schedule 28 to the Finance Act 2004), or
c
in the case of a personal pension scheme, sums or assets held for the purpose of providing any of the benefits are applied for purchasing an annuity or insurance policy.
8
For the purposes of Condition 3 a member stops accruing rights to a category of benefits when there are no longer arrangements in place for the accrual of rights to benefits in that category for or in respect of the member.
9
In this section a reference to accrued rights does not include pension credit rights.
10
Regulations may—
a
provide for this Chapter not to apply in relation to a person of a prescribed description;
b
provide for this Chapter not to apply in prescribed circumstances in relation to a member of a prescribed scheme or schemes of a prescribed description;
c
modify the application of this Chapter in relation to a member who has accrued rights to benefits of a prescribed description.
F100910A
Where a pension scheme is divided into sections, each section that is a collective money purchase scheme for the purposes of Part 2 of the Pension Schemes Act 2021 (see section 52(2)(b) of that Act) is to be treated as a separate scheme for the purposes of this Chapter.
11
In the following provisions of this Chapter—
a
a reference to a “member” of a pension scheme is a reference to a member to whom this Chapter applies, and
b
a reference to a member's “transferrable rights” are to any rights in relation to a category of benefits by virtue of which this Chapter applies to the member.
89AC101C140Right to statement of entitlement: benefits other than money purchase
1
The trustees or managers of a pension scheme must, on the application of any member, provide the member with a statement of entitlement in respect of the member's transferrable rights in relation to categories of benefits other than money purchase benefits.
2
In the case of a member with transferrable rights in relation to two categories of benefits other than money purchase benefits, the application may relate to transferrable rights in relation to either or both of those categories.
3
For the purposes of this Chapter a member's “statement of entitlement” is a written statement of the amount of the cash equivalent at the guarantee date of the transferrable rights to which the application under subsection (1) relates.
4
In this Chapter “the guarantee date” means the date by reference to which the value of the cash equivalent is calculated, and must be—
a
within the prescribed period beginning with the date of the application, and
b
within the prescribed period ending with the date on which the statement of entitlement is provided to the member.
5
Regulations may make provision in relation to applications under this section and may, in particular, restrict the making of successive applications.
6
If the trustees or managers of a pension scheme fail to comply with subsection (1), Article 10 of the Pensions (Northern Ireland) Order 1995 (civil penalties) applies to any trustee or manager who has failed to take all reasonable steps to secure compliance.
90C101C140 Right to cash equivalent
1
A member of a pension scheme who has received a statement of entitlement under section 89A acquires a right to take the cash equivalent shown in that statement in accordance with this Chapter.
2
A member of a pension scheme who has transferrable rights in relation to money purchase benefits acquires a right to take their cash equivalent in accordance with this Chapter.
91C101C140 Ways of taking right to cash equivalent.
F4651
A member of a pension scheme who has acquired a right to take a cash equivalent in accordance with this Chapter may only take it by making an application in writing to the trustees or managers of the scheme requiring them to use the cash equivalent in one of the ways specified below.
1A
In the case of a right acquired under section 90(1), the application must be made—
a
within the period of 3 months beginning with the guarantee date shown in the relevant statement of entitlement, and
b
if the cash equivalent relates to benefits that are not flexible benefits, by no later than the date that falls one year before the member attains normal pension age.
2
In the case of a member of an occupational pension scheme F489 that is not an unfunded public service defined benefits scheme, the ways referred to in subsection (1) are—
a
for acquiring transfer credits allowed under the rules of another occupational pension scheme—
i
the trustees or managers of which are able and willing to accept payment in respect of the member’s F650transferrable rights, and
ii
which satisfies prescribed requirements;
b
for acquiring rights allowed under the rules of a personal pension scheme—
i
the trustees or managers of which are able and willing to accept payment in respect of the member’s F994transferrable rights, and
ii
which satisfies prescribed requirements;
c
for purchasing from one or more F182insurer such as are mentioned in section 15(4)(a), chosen by the member and willing to accept payment on account of the member from the trustees or managers, one or more annuities which satisfy prescribed requirements;
d
for subscribing to other pension arrangements which satisfy prescribed requirements.
F9172A
In the case of a member of an occupational pension scheme that is an unfunded public service defined benefits scheme, the ways referred to in subsection (1) are—
a
for acquiring transfer credits allowed under the rules of another occupational pension scheme if—
i
the benefits that may be provided under the other scheme by virtue of the transfer credits are not flexible benefits,
ii
the trustees or managers of the other scheme are able and willing to accept payment in respect of the member's transferrable rights, and
iii
the other scheme satisfies requirements prescribed in regulations made by the Department or the Department of Finance and Personnel;
b
for acquiring rights allowed under the rules of a personal pension scheme if—
i
the benefits that may be provided under the personal pension scheme by virtue of the acquired rights are not flexible benefits,
ii
the trustees or managers of the personal pension scheme are able and willing to accept payment in respect of the member's transferrable rights, and
iii
the personal pension scheme satisfies requirements prescribed in regulations made by the Department or the Department of Finance and Personnel;
c
for purchasing from one or more insurers such as are mentioned in section 15(4)(a), chosen by the member and willing to accept payment on account of the member from the trustees or managers, one or more annuities which satisfy requirements prescribed in regulations made by the Department or the Department of Finance and Personnel;
d
for subscribing to other pension arrangements which satisfy requirements prescribed in regulations made by the Department or the Department of Finance and Personnel.
2B
The Department of Finance and Personnel may by regulations provide for sub-paragraph (i) of subsection (2A)(a) or (b) not to apply in specified circumstances or in relation to specified schemes or schemes of a specified description.
2C
In subsections (2) and (2A) “unfunded public service defined benefits scheme” means a public service pension scheme that—
a
is a defined benefits scheme within the meaning given by section 34 of the Public Service Pensions Act (Northern Ireland) 2014, and
b
meets some or all of its liabilities otherwise than out of a fund accumulated for the purpose during the life of the scheme.
3
In the case of a member of a personal pension scheme, the ways referred to in subsection (1) are—
a
for acquiring transfer credits allowed under the rules of an occupational pension scheme—
i
the trustees or managers of which are able and willing to accept payment in respect of the member’s F882transferrable rights, and
ii
which satisfies prescribed requirements;
b
for acquiring rights allowed under the rules of another personal pension scheme—
i
the trustees or managers of which are able and willing to accept payment in respect of the member’s F612transferrable rights, and
ii
which satisfies prescribed requirements;
c
for subscribing to other pension arrangements which satisfy prescribed requirements.
F1834
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Except in such circumstances as may be prescribed—
a
subsection (2) is to be construed as if paragraph (d) were omitted; and
b
subsection (3) is to be construed as if paragraph (c) were omitted.
F8045A
Except in such circumstances as may be prescribed in regulations made by the Department or the Department of Finance and Personnel, subsection (2A) is to be construed as if paragraph (d) were omitted.
6
F7856ZA
The trustees or managers of the scheme may not use the cash equivalent in a way specified in subsection (2)(a), (b) or (d), (2A)(a), (b) or (d) or (3) unless prescribed conditions are satisfied.
6ZB
The conditions that may be prescribed by regulations under subsection (6ZA) include (but are not limited to) conditions about—
a
the member's employment or place of residence;
b
providing the trustees or managers with information or evidence about the member's employment or place of residence;
c
the member obtaining information or guidance about exercising the option conferred by subsection (1) from a prescribed person in a prescribed case;
d
providing the trustees or managers with evidence that—
i
the member has complied with a prescribed condition about obtaining such information or guidance from a prescribed person, or
ii
the member is not subject to such a prescribed condition.
6ZC
Regulations may make provision requiring the trustees or managers of a pension scheme to notify a member who makes an application under subsection (1) of conditions prescribed under subsection (6ZA).
F9366A
Regulations may extend the period specified in subsection (1A)(a) in prescribed circumstances.
F4967
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4968
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
An application to the trustees or managers of the scheme under subsection (1) is to be taken to have been made if it is delivered to them personally, or sent by post in a registered letter or by the recorded delivery service.
92C101C140 Further provisions concerning exercise of option under s. 91.
F5541
A member who has acquired a right to take a cash equivalent under section 90(1) or (2) may exercise the option conferred by section 91(1) in relation to different portions of that cash equivalent in different ways, but a member who exercises that option must do so—
a
in relation to the whole of that cash equivalent, or
b
if subsection (2) applies, in relation to the whole of the balance mentioned in subsection (3).
2
This subsection applies where—
a
the trustees or managers—
i
of an occupational pension scheme F891... , or
F184iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the member has not required the trustees or managers of the scheme from which he is being transferred to use the portion of his cash equivalent which represents those F556transferrable rights in any of the ways specified in subsection (2) F457, subsection (2A) or, as the case may be, subsection (3) of section 91.
3
Where subsection (2) applies this section and sections 90, 91 and 93 are to be construed as conferring on the member an option only in respect of the balance of the cash equivalent to which the member would otherwise be entitled, after deduction of an amount sufficient for the trustees or managers of the scheme from which he is being transferred to meet their liability—
a
in the case of a transfer from an occupational pension scheme, in respect of the member’s and the member’s F947widow's, widower’s or surviving civil partner’s (as the case may be)F186pensions, being guaranteed minimum pensions or pensions so far as attributable to service in contracted-out employment on or after the principal appointed dayF834... ; F833...
F940b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9534
Where a member of a pension scheme—
a
is entitled to make an application under section 91(1) in relation to any category of benefits, and
b
is also entitled to give a transfer notice under section 97F(1) to the trustees or managers of the scheme in relation to benefits in the same category (or would be entitled to do so but for section 97G(2)),
the member may not, if the scheme so provides, make an application under section 91(1) in relation to that category of benefits without also giving a transfer notice under section 97F(1) in relation to that category of benefits.
93C101C140 Calculation of cash equivalents.
1
Cash equivalents are to be calculated and verified F866—
a
in the prescribed mannerF511, and
b
where a designation has been made under section 93A, in accordance with regulations under section 93B.
F4911A
Where a member applies under section 91 to take a cash equivalent that relates to money purchase benefits, the cash equivalent is to be calculated by reference to the date of the application.
2
Regulations may provide—
a
that in calculating cash equivalents F855that relate to money purchase benefits account shall be taken—
i
of any surrender, commutation or forfeiture of the whole or part of a member’s pension which occurs before the trustees or managers of the scheme of which he is a member do what is needed to comply with what he requires under section 91;
ii
in a case where subsection (2) of section 92 applies, of the need to deduct an appropriate amount to provide for the liabilities mentioned in subsection (3) of that section;
F187aa
for a cash equivalent F516that relates to any category of benefits to be reduced so as to take account of the extent (if any) to which an entitlement has arisen under the scheme to the present payment of the whole or any part of—
i
any pension; or
ii
any benefit in lieu of pension; and
b
that in prescribed circumstances a cash equivalent shall be increased or reduced.
3
Without prejudice to the generality of subsection (2), the circumstances that may be specified by virtue of paragraph (b) of that subsection include—
F624a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
failure by the trustees or managers of the scheme to do what is needed to carry out what a member of the scheme requires within 6 months of F188the appropriate date
c
the state of the funding of the scheme.
F9833ZA
Where, in the case of an application from a member under section 91 that relates to money purchase benefits that are collective money purchase benefits, regulations under section 95(2)(c) provide for a period longer than 6 months, subsection (3)(b) is to be read as if the reference to 6 months were a reference to that longer period.
F8203A
For the purposes of subsection (3), the “appropriate date”—
a
in relation to a cash equivalent that relates to benefits other than money purchase benefits, means the guarantee date for the purposes of the relevant statement of entitlement under section 89A, and
b
in relation to a cash equivalent that relates to money purchase benefits, means the date on which the trustees or managers receive an application from the member under section 91.
3B
Where regulations under subsection (2)(b) provide for the cash equivalent shown in a statement of entitlement to be increased or reduced after the member has made an application under section 91, the regulations may provide for the application under section 91 to lapse (but this does not prevent the member making a fresh application in respect of the increased or reduced cash equivalent).
4
Regulations under subsection (2) may specify as the amount by which a cash equivalent is to be reduced such an amount that a member has no right to receive anything.
93AC101C140F567Designation of funded public service defined benefits schemes
1
The relevant Department may designate a funded public service defined benefits scheme as a scheme to which regulations under section 93B are to apply for a specified period of no more than 2 years.
2
The power under subsection (1) may be exercised only if the relevant Department considers that—
a
there is an increased likelihood of payments out of public funds, or increased payments out of public funds, having to be made into the scheme so that it can meet its liabilities, and
b
the increased likelihood is connected with the exercise or expected future exercise of rights to take a cash equivalent acquired under section 90.
3
The power under subsection (1) may be exercised in relation to the whole or any part of a scheme.
4
In the application of subsection (2) to part of a scheme, paragraph (a) is to be read as if it referred to the scheme's liabilities relating to that part.
5
A designation under subsection (1)—
a
may be extended (on more than one occasion) for a period of no more than 2 years;
b
may be revoked.
6
The relevant Department must give notice in writing of a designation or its extension or revocation to the trustees or managers of the scheme (except in a case where the relevant Department is the trustees or managers).
7
If the trustees or managers of a funded public service defined benefits scheme, or part of such a scheme, that is not designated under this section consider that the conditions in paragraphs (a) and (b) of subsection (2) are met in relation to the scheme or part they must notify—
a
the Department of Finance and Personnel, and
b
(where relevant) each Northern Ireland department by whom, or with whose approval, the scheme was established.
8
If the trustees or managers of a scheme, or part of a scheme, that is designated under this section consider that the conditions in paragraphs (a) and (b) of subsection (2) are no longer met in relation to the scheme or part they must notify—
a
the Department of Finance and Personnel, and
b
(where relevant) each Northern Ireland department by whom, or with whose approval, the scheme was established.
9
In this section—
“funded public service defined benefits scheme” means a public service pension scheme that—
- a
is a defined benefits scheme within the meaning given by section 34 of the Public Service Pensions Act (Northern Ireland) 2014, and
- b
meets its liabilities out of a fund accumulated for the purpose during the life of the scheme;
- a
“local authority” means a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972;
“payment out of public funds” means a payment provided directly or indirectly—
- a
out of the Northern Ireland Consolidated Fund, or
- b
by a local authority;
- a
“the relevant Department”, in relation to a funded public service defined benefits scheme, means either of the following—
- a
the Department of Finance and Personnel, or
- b
any Northern Ireland department by whom, or with whose approval, the scheme was established.
- a
10
The Department of Finance and Personnel may by regulations make modifications of the definition of “the relevant Department” in subsection (9).
93BC101C140F681Reduction of cash equivalents in case of section 93A designated schemes
1
The Department of Finance and Personnel may by regulations provide that where, under section 91(1), a member of a designated scheme requires the trustees or managers to use a cash equivalent for acquiring a right or entitlement to flexible benefits under the rules of another pension scheme the cash equivalent must be reduced by an amount determined in accordance with the regulations.
2
Regulations under subsection (1) may not require a reduction in cases where a scheme ceases to be a designated scheme before the date on which the trustees or managers do what is needed to carry out what the member requires.
3
Regulations under subsection (1) may produce the result (alone or in conjunction with regulations under section 93) that the amount by which a cash equivalent is to be reduced is such an amount that a member has no right to receive anything.
4
In subsection (1), “designated scheme” means a funded public service defined benefits scheme, or part of such a scheme, that (on the date of the application under section 91(1)) is designated under section 93A.
94C101C140F570Loss of right to cash equivalent
1
A member of a pension scheme who acquires the right to take a cash equivalent under section 90(1) loses that right if no application to take the cash equivalent is made within the period required by section 91(1A) or (6A).
2
A member of a pension scheme loses the right to take a cash equivalent in accordance with this Chapter if, after the member makes an application under section 91, the duty of the trustees or managers to do what is needed to carry out what the member requires is extinguished by section F85395(2ZA) or (2A).
3
Nothing in subsection (1) or (2) prevents the member from later acquiring a new right to take a cash equivalent in relation to the same benefits.
4
A member of a pension scheme loses the right to take a cash equivalent in accordance with this Chapter if the scheme is wound up.
C33C64C149C101C140C55C86C157C85C158C161C16595C92C101C140 Trustees’ duties after exercise of option.
1
Where—
a
a member has exercised the option conferred by section 91; and
b
the trustees or managers of the scheme have done what is needed to carry out what the member requires,
the trustees or managers shall be discharged from any obligation to provide benefits to which the cash equivalent related except, in such cases as are mentioned in section 92(2), to the extent that an obligation to provide such guaranteed minimum pensions F601... continues to subsist.
F6822
Subject to the following provisions of this section, if the trustees or managers of a scheme receive an application under section 91 they must do what is needed to carry out what the member requires—
a
in the case of an application that relates to benefits other than money purchase benefits, within 6 months beginning with the guarantee date shown in the relevant statement of entitlement, F879and
b
c
in the case of an application which relates to money purchase benefits that are collective money purchase benefits, within 6 months beginning with the date of the application or such longer period beginning with that date as may be prescribed.
F6272ZA
Subsection (2) does not apply if the trustees or managers have been unable to carry out what the member requires because a condition prescribed by regulations under section 91(6ZA) has not been satisfied.
F9502ZB
Subsection (2) does not apply if—
a
the member was required by section 92(4) to give a transfer notice under section 97F(1) in addition to making an application, and
b
the trustees or managers have been unable to carry out what the member required in the transfer notice under section 97F(1) because a condition prescribed by regulations under section 97F(5A) has not been satisfied.
F6072A
Subsection (2) does not apply if—
a
the trustees or managers have been unable to carry out the check required by section 51 of the Pension Schemes Act 2015 by reason of factors outside their control, or
b
the trustees or managers have carried out the check required by section 51 of the Pension Schemes Act 2015 but the check did not confirm that the member had received appropriate independent advice.
3
If—
a
disciplinary proceedings or proceedings before a court have been begun against a member of an occupational pension scheme F824...; and
b
it appears to the trustees or managers of the scheme that the proceedings may lead to the whole or part of the pension or benefit in lieu of a pension payable to the member or F575the member’s surviving spouse or civil partner being forfeited; and
c
the date before which they would (apart from this subsection) be obliged under subsection (2) to carry out what the member requires is earlier than the end of the period of 3 months after the conclusion of the disciplinary or court proceedings (including any proceedings on appeal),
then, subject to the following provisions of this section, they must instead do so before the end of that period of 3 months.
F7173A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1894
The Regulatory Authority may, in prescribed circumstances, F586by direction, grant an extension of the period within which the trustees or managers of the scheme are obliged to do what is needed to carry out what a member of the scheme requires.
4A
Regulations may make provision F902requiring applications for extensions under subsection (4) to meet prescribed requirements .
F10114B
Regulations may extend the period for compliance under subsection (2) or (3) in prescribed circumstances.
F9416
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1907
Where the trustees or managers of an occupational pension scheme have not done what is needed to carry out what a member of the scheme requires within 6 months of the date mentioned in paragraph (a) or (b) of subsection (2)—
a
they must, except in prescribed cases, notify the Regulatory Authority of that fact within the prescribed period, and
b
Article 10 of the Pensions (Northern Ireland) Order 1995 (power of the Regulatory Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that it was so done.
8
Regulations may provide that in prescribed circumstances subsection (7) shall not apply in relation to an occupational pension scheme.
C101C14095AC101C140F889Trustees' further duties: collective money purchase benefits
1
If the trustees receive an application under section 91 relating to money purchase benefits that are collective money purchase benefits—
a
they must give the member notice in writing of the cash equivalent that relates to those benefits, and
b
they must not without the written consent of the member enter into an agreement with a third party to use the member's cash equivalent in a way specified in section 91(2) before the end of the period mentioned in subsection (2).
2
The period referred to in subsection (1)(b) is—
a
the period of 3 weeks beginning with the day after the day on which the notice is given, or
b
such other period as may be specified in regulations.
3
Any action taken in contravention of subsection (1)(b) is void.
96C101C140 Withdrawal of applications.
1
Subject to F191subsections (2) and (2A), a member of a scheme may withdraw an application under section 91 by giving the trustees or managers of the scheme notice in writing that he no longer wishes them to do what is needed to carry out what he previously required.
2
Such a notice shall be of no effect if it is given to the trustees or managers at a time when, in order to comply with what the member previously required, they have already entered into an agreement with a third party to use the whole or part of the member’s cash equivalent in a way specified in subsection (2)F481, subsection (2A) or, as the case may be, subsection (3) of section 91.
F1922A
If the making of the application depended on the giving of a notice under section 97F(1), the application may only be withdrawn if the notice is also withdrawn.
3
A member who withdraws an application may make another.
4
A notice to the trustees or managers of a scheme under this section is to be taken to have been given if it is delivered to them personally, or sent by post in a registered letter or by recorded delivery service.
96AC101C140F894Prohibition on excluding future accruals etc
Except as mentioned in sections 92(4) and 97G(4), a pension scheme may not contain rules that would have the effect of—
a
preventing a member from exercising a right under this Chapter in relation to a category of benefits without also exercising a right under this Chapter or otherwise to require a transfer payment to be made in respect of another category of benefits, or
b
preventing a member who exercises a right under this Chapter in relation to a category of benefits from accruing rights to benefits in another category.
96BC101C140Meaning of “scheme rules”: occupational pension schemes
1
In this Chapter references to the scheme rules, in relation to a pension scheme, are references to—
a
the rules of the scheme, except so far as overridden by a relevant legislative provision,
b
the relevant legislative provisions, to the extent that they have effect in relation to the scheme and are not reflected in the rules of the scheme, and
c
any provision which the rules of the scheme do not contain but which the scheme must contain if it is to conform with the requirements of Chapter 1 of Part 4.
2
For the purposes of subsection (1)—
a
“relevant legislative provision” means any provision contained in any of the following provisions—
i
Schedule 5 to the Social Security (Northern Ireland) Order 1989;
ii
Chapter 2 or 3 of Part 4 or regulations made under either of those Chapters;
iii
this Part or regulations made under this Part;
iv
Part 4A or regulations made under that Part;
v
section 106(1);
vi
Part 2 of the Pensions (Northern Ireland) Order 1995 or orders or regulations made or having effect as if made under that Part;
vii
Article 28 of the Welfare Reform and Pensions (Northern Ireland) Order 1999;
viii
any provision mentioned in Article 279(2) of the Pensions (Northern Ireland) Order 2005;
ix
section 61 of the Pension Schemes Act 2015;
x
regulations made under section 62 or 63 of the Pension Schemes Act 2015;
F1024xi
regulations made under Schedule 17 to the Pensions Act (Northern Ireland) 2015.
F1032xii
regulations made under Schedule 18 to the Pensions Act (Northern Ireland) 2015.
F645xiia
sections 21, 23, 26, 28, 29 and 33 of and Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021;
F591xiii
regulations made under section 69(4) of or paragraph 1(6) of Schedule 5 to the Pension Schemes Act 2021;
xiv
sections 85, 90, 92, 93 and 96 of the Pension Schemes Act 2021;
b
a relevant legislative provision is to be taken to override any of the provisions of the scheme if, and only if, it does so by virtue of any of the following provisions—
i
paragraph 3 of Schedule 5 to the Social Security (Northern Ireland) Order 1989;
ii
section 125(1);
iii
Article 114(1) of the Pensions (Northern Ireland) Order 1995;
iv
Article 28(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;
v
Article 279(1) of the Pensions (Northern Ireland) Order 2005;
vi
section 61(3) of the Pension Schemes Act 2015;
vii
regulations made under section 62(4) or 63(4) of the Pension Schemes Act 2015.
F1023viii
regulations made under paragraph 16 of Schedule 17 to the Pensions Act (Northern Ireland) 2015.
F1028ix
regulations made under paragraph 6 of Schedule 18 to the Pensions Act (Northern Ireland) 2015.
F799ixa
sections 21(7), 23(7), 26(9), 28(6), 29(2) and 33(5) of and paragraph 1(7) of Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021.
F588x
sections 69(7)(b), 85(5), 90(6), 92(6), 93(2) and 96(5) of and paragraph 1(7) of Schedule 5 to the Pension Schemes Act 2021.
96CC101C140Meaning of “normal pension age” in this Chapter
1
In this Chapter “normal pension age”, in relation to a category of benefits under a pension scheme, means—
a
in a case where the scheme is an occupational pension scheme and those benefits consist only of a guaranteed minimum pension, the earliest age at which the member is entitled to receive the guaranteed minimum pension on retirement from any employment to which the scheme applies,
b
in any other case where the scheme is an occupational pension scheme and the scheme provides for the member to become entitled to receive any of those benefits at a particular age on retirement from any employment to which the scheme applies, the earliest age at which the member becomes entitled to receive any of the benefits, and
c
in a case not falling within paragraph (a) or (b), normal minimum pension age as defined by section 279(1) of the Finance Act 2004.
2
For the purposes of subsection (1) any scheme rule making special provision as to early retirement on grounds of ill-health or otherwise is to be disregarded.
96DC101C140Interpretation of Chapter
In this Chapter—
“accrued rights”, in relation to a member of a pension scheme, means rights that have accrued to or in respect of the member to benefits under the scheme;
“category”, in relation to benefits, has the meaning given by section 89(6);
“flexible benefit” has the meaning given by section 74 of the Pension Schemes Act 2015;
“guarantee date”, in relation to a member who has received a statement of entitlement, has the meaning given by section 89A;
“member” is to be read in accordance with section 89(11);
“normal pension age” has the meaning given by section 96C;
“pension credit rights”, in relation to a member of a pension scheme, means rights to benefits under the scheme which are attributable (directly or indirectly) to a pension credit;
“salary related occupational pension scheme”: an occupational pension scheme is “salary related” if—
- a
the scheme is not a scheme under which all the benefits that may be provided are money purchase benefits, and
- b
the scheme does not fall within a prescribed class;
- a
“scheme rules”, in relation to a pension scheme, has the meaning given by section 96B;
“statement of entitlement” has the meaning given by section 89A;
“transferrable rights” is to be read in accordance with section 89(11).
97C101C140 Supplementary provisions.
In making any calculation for the purposes of this Chapter—
a
any charge or lien on, and
b
any set-off against,
the whole or part of a pension shall be disregarded.
C107C118C78C148C89C79C136C138C133C70C65F647F930CHAPTER 2EARLY LEAVERS: CASH TRANSFER SUMS AND CONTRIBUTION REFUNDS
Pt. 4 Ch. 5 inserted (1.1.2006 for specified purposes, 6.4.2006 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 241 (with art. 285(5)); S.R. 2005/543, art. 2(5), Sch. Pt. 5
Pt. 4ZA Ch. 2 heading substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 50(1)(2)(c) (with s. 87)
Pt. 4 Ch. 5: power to modify conferred (1.1.2006) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 20(7)(b) (with art. 285(5)); S.R. 2005/48, art. 2(7), Sch. Pt. 7
Pt. 4 Ch. 5 applied by S.I. 1995/3213 (N.I. 22), art. 73(9) (as substituted (6.4.2005 for specified purposes, 1.1.2006 in so far as not already in force) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 247 (with art. 285(5)); S.R. 2005/48, art. 2(4)(a)(b), Sch. Pt. 4 (with art. 2(8)(9)))
Pt. 4 Ch. 5 excluded (1.1.2006) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), art. 1(2), Sch. 6 para. 20(1)(c); S.R. 2005/48, art. 2(7), Sch. Pt. 7
Pt. 4 Ch. 5 modified (1.4.2009) by Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009 (S.R. 2009/33), regs. 1, 74(1)(3)(7)
Pt. 4 Ch. 5 excluded (24.7.2014) by The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/204), regs. 1(1), 55(1)(c)
Pt. 4 Ch. 5 modified (1.4.2015) by The Teachers Pension Scheme (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/170), regs. 1, 12(1)
Pt. 4 Ch. 5 modified (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/81), regs. 1(1), 12(1)
Pt. 4 Ch. 5 modified (1.4.2015) by The Police Pensions (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/156), regs. 1(2), 12(1)
Pt. 4 Ch. 5 modified (1.4.2015) by The Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/167), regs. 1, 12(1)
Pt. 4 Ch. 5 modified (1.4.2015) by The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015/76), reg. 1(3), Sch. 3 para. 10(1)
Pt. 4ZA Ch. 2: power to modify conferred (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 5 para. 1(6)(b); S.R. 2022/197, art. 3(a)
97AAC65Scope of Chapter 5
1
This Chapter applies to any member of an occupational pension scheme to which Chapter 1 applies (see section 65(3)) if—
a
his pensionable service terminates before he attains normal pension age, and
b
on the date on which his pensionable service terminates—
i
the three month condition is satisfied, but
ii
he does not have relevant accrued rights to benefit under the scheme.
2
For the purposes of subsection (1), the three month condition is that the period of the member's pensionable service under the scheme, taken together with—
a
any previous period of his pensionable service under the scheme, and
b
any period throughout which he was employed in linked qualifying service under another scheme,
amounts to at least three months.
3
A period counts for the purposes of paragraph (a) or (b) of subsection (2) only so far as it counts towards qualification for long service benefit within the meaning of Chapter 1.
4
For the purposes of subsection (1), “relevant accrued rights to benefit under the scheme”, in relation to a member of a scheme, means rights which—
a
have accrued to or in respect of him under the scheme, and
b
entitle him to the relevant benefits which would have accrued to or in respect of him under the applicable rules if paragraphs (a) F881, (aa) and (b) of section 67(1) (and the word “and” immediately preceding them) did not have effect.
5
References in the following provisions of this Chapter to a member, in relation to an occupational pension scheme, are to a member of the scheme to which this Chapter applies.
97ABC65Right to cash transfer sum and contribution refund
1
On the termination of his pensionable service, a member of an occupational pension scheme acquires a right to whichever one he elects of the following options—
a
a cash transfer sum;
b
a contribution refund.
2
Subsection (1) is subject to the following provisions of this Chapter.
3
In this Chapter “cash transfer sum” means, in relation to a member of an occupational pension scheme, the cash equivalent, at the date on which his pensionable service terminates, of the benefits mentioned in section 97AA(4)(b).
4
In this Chapter, “contribution refund” means, in relation to a member of an occupational pension scheme, a sum representing the aggregate of—
a
the member's employee contributions to the scheme, and
b
where transfer credits have been allowed to the member under the scheme by virtue of a payment ( “the transfer payment”) made by the trustees or managers of another occupational pension scheme, the member's employee contributions to that other scheme, so far as they—
i
relate to the transfer payment, and
ii
do not, in aggregate, exceed the amount of the transfer payment.
5
In subsection (4), “employee contributions” means, in relation to a member of an occupational pension scheme, contributions made to the scheme by or on behalf of the member on his own account, but does not include—
a
a transfer payment by virtue of which transfer credits have been allowed to the member under the scheme, or
b
any pension credit or amount paid to the scheme which is attributable (directly or indirectly) to a pension credit.
97ACC65Notification of right to cash transfer sum or contribution refund
1
This section applies where the pensionable service of a member of an occupational pension scheme has terminated.
2
The trustees or managers of the scheme must—
a
within a reasonable period after the termination give the member a statement in writing containing information adequate to explain—
i
the nature of the right acquired by him under section 97AB, and
ii
how he may exercise the right,
and such other information as may be prescribed, and
b
afford the member a reasonable period after giving him that statement within which to exercise the right.
3
The statement given under subsection (2)(a) must specify, in particular—
a
in relation to the cash transfer sum to which the member acquires a right under section 97AB, its amount and the permitted ways in which the member can use it,
b
the amount of the contribution refund to which the member so acquires a right, and
c
the last day on which the member may, disregarding section 97AI(2), exercise the right ( “the reply date”).
4
Information which may be prescribed under subsection (2)(a) includes, in particular—
a
information about any tax liability in respect of, or deduction required or permitted to be made from, the cash transfer sum or contribution refund, and
b
information about the effect on other rights of the member (whether under the applicable rules or otherwise) of exercising the right.
5
The trustees or managers may notify the member that, if he does not exercise the right mentioned in subsection (2)(a)(i) on or before the reply date, the trustees or managers will be entitled to pay the contribution refund to him.
6
Where the trustees or managers of the scheme fail to comply with subsection (2), Article 10 of the Pensions (Northern Ireland) Order 1995 (civil penalties) applies to any trustee or manager who has failed to take all reasonable steps to secure compliance.
97ADC65Exercise of right under section 97AB
1
This section applies where a member of an occupational pension scheme acquires a right under section 97AB.
2
The member may exercise the right by giving a notice in writing to that effect to the trustees or managers stating—
a
which of the options under section 97AB(1) he elects, and
b
if he elects for the cash transfer sum, the permitted way in which he requires that sum to be used.
3
The notice under subsection (2) must be given on or before—
a
the reply date, or
b
such later date as the trustees or managers may allow in his case under section 97AI(2).
97AEC65Permitted ways of using cash transfer sum
1
This section applies in relation to a cash transfer sum to which a member of an occupational pension scheme acquires a right under section 97AB.
2
The ways in which the cash transfer sum may be used are—
a
for acquiring transfer credits allowed under the rules of another occupational pension scheme—
i
whose trustees or managers are able and willing to accept the cash transfer sum, and
ii
which satisfies prescribed requirements,
b
for acquiring rights allowed under the rules of a personal pension scheme—
i
whose trustees or managers are able and willing to accept the cash transfer sum, and
ii
which satisfies prescribed requirements,
c
for purchasing one or more appropriate annuities,
d
in such circumstances as may be prescribed, for subscribing to other pension arrangements which satisfy prescribed requirements.
3
For the purposes of subsection (2), “appropriate annuity” means an annuity which satisfies prescribed requirements and is purchased from an insurer who—
a
falls within section 15(4)(a),
b
is chosen by the member, and
c
is willing to accept payment on account of the member from the trustees or managers of the scheme.
97AFC65Calculation of cash transfer sum and contribution refund
1
Cash transfer sums are to be calculated and verified in the prescribed manner.
2
Any calculation of a contribution refund must conform with such requirements as may be prescribed.
3
Regulations may provide—
a
for amounts to be deducted in respect of administrative costs in calculating cash transfer sums;
b
for a cash transfer sum or contribution refund to be increased or reduced in prescribed circumstances.
4
The circumstances that may be prescribed under subsection (3)(b) include in particular—
a
a failure by the trustees or managers of the scheme to comply with section 97AG(2) or (4) in relation to the cash transfer sum or contribution refund, and
b
the state of funding of the scheme.
5
Regulations under subsection (3)(b) may provide—
a
for a cash transfer sum to be reduced so that the member has no right to have any amount paid by way of cash transfer sum in respect of him;
b
for a contribution refund to be reduced so that the member has no right to receive any amount by way of contribution refund under this Chapter.
97AGC65Duties of trustees or managers following exercise of right
1
This section applies where a member of an occupational pension scheme has exercised a right under section 97AB in accordance with section 97AD.
2
Where the member has elected for the cash transfer sum, the trustees or managers of the scheme must, within a reasonable period beginning with the date on which the right was exercised, do what is needed to carry out the requirement specified in the member's notice under section 97AD(2)(b).
3
When the trustees or managers have done what is needed to carry out that requirement, they are discharged from any obligation—
a
in respect of any rights (including conditional rights) of, or in respect of, the member to relevant benefits under the applicable rules, and
b
to make any other payment by way of refund to or in respect of the member of, or in respect of—
i
the contributions, or any payment, mentioned in section 97AB(4), or
ii
any other contributions made to the scheme, or any other scheme, in respect of the member (other than any pension credit or amount attributable (directly or indirectly) to a pension credit).
4
Where the member has elected for the contribution refund, the trustees or managers of the scheme must, within a reasonable period beginning with the date on which the right was exercised, do what is needed to secure that the amount of the contribution refund is paid to the member or as he directs.
5
When the trustees or managers have done what is needed to secure the payment of the contribution refund as mentioned in subsection (4)—
a
they are discharged from any obligation in respect of any rights (including conditional rights) of, or in respect of, the member to relevant benefits under the applicable rules, and
b
if they are required under the applicable rules, or determine in accordance with those rules, to make any payment ( “the refund payment”) by way of refund to or in respect of the member of, or in respect of—
i
the contributions, or any payment, mentioned in section 97AB(4), or
ii
any other contributions made to the scheme, or any other scheme, in respect of the member (other than any pension credit or amount attributable (directly or indirectly) to a pension credit),
the amount of the contribution refund may be set off against the refund payment.
6
Where the trustees or managers fail to comply with subsection (2) or (4), Article 10 of the Pensions (Northern Ireland) Order 1995 (civil penalties) applies to any trustee or manager who has failed to take all reasonable steps to secure compliance.
97AHC65Powers of trustees or managers where right not exercised
1
This section applies where—
a
a member of an occupational pension scheme does not exercise a right acquired by him under section 97AB on or before the reply date or such later date as the trustees or managers of the scheme allow in his case under section 97AI(2), and
b
the trustees or managers of the scheme have notified the member as mentioned in section 97AC(5).
2
The trustees or managers may within a reasonable period beginning with—
a
the reply date, or
b
if a later date has been allowed as mentioned in subsection (1), that later date,
pay the contribution refund to the member.
3
When the trustees or managers have paid the contribution refund to the member—
a
they are discharged from any obligation in respect of any rights (including conditional rights) of, or in respect of, the member to relevant benefits under the applicable rules, and
b
if they are required under the applicable rules, or determine in accordance with those rules, to make any payment ( “the refund payment”) by way of refund to or in respect of the member of, or in respect of—
i
the contributions, or any payment, mentioned in section 97AB(4), or
ii
any other contributions made to the scheme, or any other scheme, in respect of the member (other than any pension credit or amount attributable (directly or indirectly) to a pension credit),
the amount of the contribution refund may be set off against the refund payment.
97AIC65Rights under section 97AB: further provisions
1
A member of an occupational pension scheme loses any right acquired by him under section 97AB—
a
if the scheme is wound up, or
b
subject to subsection (2), if he fails to exercise the right on or before the reply date.
2
If the member has failed to exercise any such right on or before the reply date, the trustees or managers of the scheme may allow him to exercise it on or before such later date as they may determine on the application of the member.
3
Where the trustees or managers determine a later date under subsection (2)—
a
they must give a notice in writing to that effect to the member, and
b
subsection (1)(b) applies in relation to the member as if the reference to the reply date were a reference to the later date.
4
For the purposes of section 24(1) of the Interpretation Act (Northern Ireland) 1954 (service of documents) in its application to this section and sections 97AC(2) and 97AD(2)—
a
omit the word “registering”, and
b
the last known address of any person is his latest address known to the trustees or managers of the scheme.
5
This Chapter is subject to any provision made by or under section 57 (deduction of contributions equivalent premium from refund of scheme contributions)—
a
permitting any amount to be deducted from any payment of a contribution refund, or
b
requiring the payment of a contribution refund to be delayed.
6
In this Chapter, except where the context otherwise requires, the following expressions have the following meanings—
“the applicable rules” means—
- a
the rules of the scheme, except so far as overridden by a relevant legislative provision,
- b
the relevant legislative provisions, to the extent that they have effect in relation to the scheme and are not reflected in the rules of the scheme, and
- c
any provision which the rules of the scheme do not contain but which the scheme must contain if it is to conform with the requirements of Chapter 1;
- a
“member” has the meaning given in section 97AA(5);
“permitted way”, in relation to a cash transfer sum, means any of the ways specified in section 97AE(2) in which the sum may be used;
“relevant benefits” means benefits which are not attributable (directly or indirectly) to a pension credit;
“reply date”, in relation to a member whose pensionable service has terminated, has the meaning given in section 97AC(3)(c).
7
For the purposes of subsection (6)—
a
“relevant legislative provision” means any provision contained in any of the following provisions—
i
Schedule 5 to the Social Security (Northern Ireland) Order 1989 (equal treatment for men and women);
ii
this Chapter or Chapter 2, 3 or 4 or regulations made under this Chapter or any of those Chapters;
iii
Part IVA or regulations made under that Part;
iv
section 106(1);
v
Part II of the Pensions (Northern Ireland) Order 1995 (occupational pensions) or orders or regulations made or having effect as if made under that Part;
vi
Article 28 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (pension debits: reduction of benefit);
vii
any provision mentioned in Article 279(2) of the Pensions (Northern Ireland) Order 2005;
F935viii
section 61 of the Pension Schemes Act 2015;
ix
regulations made under section 62 or 63 of the Pension Schemes Act 2015;
F472xi
regulations made under Schedule 18 to the Pensions Act (Northern Ireland) 2015;
F795xia
sections 21, 23, 26, 28, 29 and 33 of and Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021;
F802xii
regulations made under section 69(4) of or paragraph 1(6) of Schedule 5 to the Pension Schemes Act 2021;
xiii
sections 85, 90, 92, 93 and 96 of the Pension Schemes Act 2021;
b
a relevant legislative provision is to be taken to override any of the provisions of the scheme if, and only if, it does so by virtue of any of the following provisions—
i
paragraph 3 of Schedule 5 to the Social Security (Northern Ireland) Order 1989;
ii
section 125(1);
iii
Article 114(1) of the Pensions (Northern Ireland) Order 1995;
iv
Article 28(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;
v
Article 279(1) of the Pensions (Northern Ireland) Order 2005.
F938vi
section 61(3) of the Pension Schemes Act 2015;
vii
regulations made under section 62(4) or 63(4) of the Pension Schemes Act 2015.
F923ix
regulations made under paragraph 6 of Schedule 18 to the Pensions Act (Northern Ireland) 2015.
F770ixa
sections 21(7), 23(7), 26(9), 28(6), 29(2) and 33(5) of and paragraph 1(7) of Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021.
F501x
sections 69(7)(b), 85(5), 90(6), 92(6), 93(2) and 96(5) of and paragraph 1(7) of Schedule 5 to the Pension Schemes Act 2021.
F193PART IVA REQUIREMENTS RELATING TO PENSION CREDIT BENEFIT
Pt. 4A Chapters 1, 2 (ss. 97A-97Q) inserted (1.12.1999 for certain purposes and otherwise 1.12.2000) by S.I. 1999/3147 (N.I. 11), arts. 1(5)(a), 34; S.R. 2000/133, art. 2(3), Sch. Pt. IV
CHAPTER I PENSION CREDIT BENEFIT UNDER OCCUPATIONAL SCHEMES
97A Scope of Chapter I.
1
This Chapter applies to any occupational pension scheme whose resources are derived in whole or part from—
a
payments to which subsection (2) applies made or to be made by one or more employers of earners to whom the scheme applies, or
b
such other payments by the earner or his employer, or both, as may be prescribed for different categories of scheme.
2
This subsection applies to payments—
a
under an actual or contingent legal obligation, or
b
in the exercise of a power conferred, or the discharge of a duty imposed, on a Minister of the Crown, government department or any other person, being a power or duty which extends to the disbursement or allocation of public money.
97B Interpretation.
In this Chapter—
“scheme” means an occupational pension scheme to which this Chapter applies;
“pension credit rights” means rights to future benefits under a scheme which are attributable (directly or indirectly) to a pension credit;
“pension credit benefit”, in relation to a scheme, means the benefits payable under the scheme to or in respect of a person by virtue of rights under the scheme attributable (directly or indirectly) to a pension credit;
F970“normal benefit age”, in relation to a pension credit benefit for a member of a scheme, is the earliest age at which the member is entitled to receive the benefit without adjustment for taking it early or late (disregarding any special provision as to early payment on the grounds of ill-health or otherwise);
“normal pension age”, in relation to a benefit for a member of a scheme, means the earliest age at which the member is entitled to receive the benefit without adjustment for taking it early or late (disregarding any special provision as to early payment on the grounds of ill-health or otherwise);
97C Basic principle as to pension credit benefit.
F6991
The normal benefit age in relation to a pension credit benefit for a member of a scheme—
a
must not be lower than 60, and
b
must not be higher than the permitted maximum.
1A
The “permitted maximum” is 65 or, if higher, the highest normal pension age for any benefit that is payable under the scheme to or in respect of any of the members by virtue of rights which are not attributable (directly or indirectly) to a pension credit.
2
A scheme must not provide for payment of pension credit benefit in the form of a lump sum at any time before normal benefit age, except in such circumstances as may be prescribed.
97D Form of pension credit benefit and its alternatives.
1
Subject to subsection (2) and section 97E, a person’s pension credit benefit under a scheme must be—
a
payable directly out of the resources of the scheme, or
b
assured to him by such means as may be prescribed.
2
Subject to subsections (3) and (4), a scheme may, instead of providing a person’s pension credit benefit, provide—
a
for his pension credit rights under the scheme to be transferred to another occupational pension scheme or a personal pension scheme with a view to acquiring rights for him under the rules of the scheme, or
b
for such alternatives to pension credit benefit as may be prescribed.
3
The option conferred by subsection (2)(a) is additional to any obligation imposed by Chapter II of this Part.
4
The alternatives specified in subsection (2)(a) and (b) may only be by way of complete or partial substitute for pension credit benefit—
a
if the person entitled to the benefit consents, or
b
in such other cases as may be prescribed.
97E Discharge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts.
1
A transaction to which section 15 applies discharges the trustees or managers of a scheme from their liability to provide pension credit benefit or any alternative to pension credit benefit for or in respect of a member of the scheme if and to the extent that—
a
it results in pension credit benefit, or any alternative to pension credit benefit, for or in respect of the member being appropriately secured (within the meaning of that section),
b
the transaction is entered into with the consent of the member or, if the member has died, of the member’s widow or widower F510 or surviving civil partner , and
c
such requirements as may be prescribed are met.
2
Regulations may provide that subsection (1)(b) shall not apply in prescribed circumstances.
C152CHAPTER II TRANSFER VALUES
Pt. 4A Ch. 2 modified (1.4.2009) by Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009 (S.R. 2009/33), regs. 1, 94
97F Power to give transfer notice.
1
An eligible member of a qualifying scheme may by notice in writing require the trustees or managers of the scheme to use an amount equal to the cash equivalent of his F562pension credit rights for such one or more of the authorised purposes as he may specify in the notice.
2
In the case of a member of an occupational pension scheme, the authorised purposes are—
a
to acquire rights allowed under the rules of an occupational pension scheme, or personal pension scheme, which is an eligible scheme;
b
to purchase from one or more F194insurer such as are mentioned in section 15(4)(a), chosen by the member and willing to accept payment on account of the member from the trustees or managers, one or more annuities which satisfy the prescribed requirements; and
c
in such circumstances as may be prescribed, to subscribe to other pension arrangements which satisfy prescribed requirements.
3
In the case of a member of a personal pension scheme, the authorised purposes are—
a
to acquire rights allowed under the rules of an occupational pension scheme, or personal pension scheme, which is an eligible scheme; and
b
in such circumstances as may be prescribed, to subscribe to other pension arrangements which satisfy prescribed requirements.
F8723A
An eligible member who has pension credit rights in relation to more than one category of benefits under the scheme may exercise the power to give a transfer notice in relation to the pension credit rights in relation to any one or more of those categories.
F8514
The cash equivalent for the purposes of subsection (1) shall—
a
in a case where the pension credit rights relate to a category of benefits other than money purchase benefits, be taken to be the amount shown in the relevant statement under section 97H, and
b
in a case where the pension credit rights relate to money purchase benefits, be determined by reference to the date the notice under that subsection is given.
5
The requirements which may be prescribed under subsection (2) or (3) include, in particular, requirements of the Inland Revenue.
F8485A
The trustees or managers of the scheme may not use the amount equal to the cash equivalent for an authorised purpose under subsection (2)(a) or (c) or (3) unless prescribed conditions are satisfied.
5B
The conditions that may be prescribed by regulations under subsection (5A) include (but are not limited to) conditions about—
a
the member's employment or place of residence;
b
providing the trustees or managers with information or evidence about the member's employment or place of residence;
c
the member obtaining information or guidance about exercising the right under subsection (1) from a prescribed person in a prescribed case;
d
providing the trustees or managers with evidence that—
i
the member has complied with a prescribed condition about obtaining such information or guidance from a prescribed person, or
ii
the member is not subject to such a prescribed condition.
5C
Regulations may make provision requiring the trustees or managers of a qualifying scheme to notify an eligible member who gives a transfer notice of conditions prescribed under subsection (5A).
6
In subsections (2) and (3), references to an eligible scheme are to a scheme—
a
the trustees or managers of which are able and willing to accept payment in respect of the member’s pension credit rights, and
b
which satisfies the prescribed requirements.
F5136A
Regulations may—
a
provide for this Chapter not to apply in relation to a person of a prescribed description;
b
provide for this Chapter not to apply in prescribed circumstances in relation to a member of a prescribed scheme or schemes of a prescribed description;
c
modify the application of this Chapter in relation to a member who has accrued rights to benefits of a prescribed description.
F5136B
In this Chapter a reference to a “category” of benefits is to one of the following three categories—
a
money purchase benefits;
b
flexible benefits other than money purchase benefits;
c
benefits that are not flexible benefits.
7
In this Chapter, “transfer notice” means a notice under subsection (1).
97GF679Restrictions on power to give transfer notice
1
An eligible member may not give a transfer notice in relation to a category of benefits if a crystallisation event has occurred in relation to any of the member's pension credit rights to benefits in that category.
2
An eligible member may give a transfer notice in relation to a category of benefits other than money purchase benefits only if—
a
the member has been provided with a statement under section 97H in relation to benefits in that category, and
b
not more than 3 months have passed since the date by reference to which the amount shown in the statement is determined.
3
An eligible member may not give a transfer notice in relation to benefits other than flexible benefits if there is less than one year to go until the member reaches normal benefit age.
4
Where an eligible member of a qualifying scheme—
a
is entitled to give a transfer notice in relation to any category of benefits, and
b
is also entitled to make an application to the trustees or managers of the scheme under section 91(1) in relation to benefits in the same category (or would be entitled to do so but for section 91(1A)(a)),
the member may not, if the scheme so provides, give a transfer notice in relation to that category of benefits without also making an application under section 91(1) in relation to that category of benefits.
5
A transfer notice may not be given if a previous transfer notice given by the member to the trustees or managers of the scheme is outstanding.
6
Regulations may extend the period specified in subsection (2)(b) in prescribed circumstances.
7
For the purposes of subsection (1) a crystallisation event occurs in relation to a member's pension credit rights to benefits in a category when—
a
payment of a pension in respect of any of the benefits has begun,
b
in the case of money purchase benefits, sums or assets held for the purpose of providing any of the benefits are designated as available for the payment of drawdown pension (as defined by paragraph 4 of Schedule 28 to the Finance Act 2004), or
c
in the case of a personal pension scheme, sums or assets held for the purpose of providing any of the benefits are applied for purchasing an annuity or insurance policy.
97HF677Benefits other than money purchase: statements of entitlement.
F5351
The trustees or managers of a qualifying scheme must, on the application of an eligible member, provide the member with a written statement of the amount of the cash equivalent of the member's pension credit rights in relation to categories of benefits other than money purchase benefits.
1A
In the case of a member with pension credit rights in relation to two categories of benefits other than money purchase benefits, the application may relate to pension credit rights in relation to either or both of those categories.
2
For the purposes of subsection (1), the amount of the cash equivalent shall be determined by reference to a date falling within—
a
the prescribed period beginning with the date of the application, and
b
the prescribed period ending with the date on which the statement under that subsection is provided to the applicant.
3
Regulations may make provision in relation to applications under subsection (1) and may, in particular, restrict the making of successive applications.
4
If trustees or managers to whom subsection (1) applies fail to perform an obligation under that subsection, Article 10 of the Pensions (Northern Ireland) Order 1995 (power of the Regulatory Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to secure that the obligation was performed.
97I Calculation of cash equivalents.
Cash equivalents for the purposes of this Chapter shall be calculated and verified in the prescribed manner.
97J Time for compliance with transfer notice.
1
Trustees or managers of a qualifying scheme who receive a transfer notice shall comply with the notice—
F782a
in the case of an application that relates to benefits other than money purchase benefits, within 6 months beginning with the valuation date, and
b
in the case of an application that relates to money purchase benefits, within 6 months of the date on which the notice is given.
2
The Regulatory Authority may, in prescribed circumstances, F604by direction, extend the period for complying with the notice.
F8772A
Regulations may extend the period for complying with the notice in prescribed circumstances.
F5502AA
Subsection (1) does not apply if the trustees or managers have been unable to carry out what the member requires because a condition prescribed by regulations under section 97F(5A) has not been satisfied.
F5282AB
Subsection (1) does not apply if—
a
the member was required by section 97G(4) to make an application under section 91(1) in addition to giving a transfer notice, and
b
the trustees or managers have been unable to carry out what the member required in the application under section 91(1) because a condition prescribed by regulations under section 91(6ZA) has not been satisfied.
F7302B
Subsection (1) does not apply if—
a
the trustees or managers have been unable to carry out the check required by section 51 of the Pension Schemes Act 2015 by reason of factors outside their control, or
b
the trustees or managers have carried out the check required by section 51 of the Pension Schemes Act 2015 but the check did not confirm that the member had received appropriate independent advice.
F6863
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where the trustees or managers of an occupational pension scheme have failed to comply with a transfer notice before the end of the period for compliance—
a
they shall, except in prescribed cases, notify the Regulatory Authority of that fact within the prescribed period, and
b
Article 10 of the Pensions (Northern Ireland) Order 1995 (power of the Regulatory Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that the notice was complied with before the end of the period for compliance.
5
If trustees or managers to whom subsection (4)(a) applies fail to perform the obligation imposed by that provision, Article 10 of the Pensions (Northern Ireland) Order 1995 shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that the obligation was performed.
6
Regulations may—
a
make provision F449requiring applications for extensions under subsection (2) to meet prescribed requirements , and
b
provide that subsection (4) shall not apply in prescribed circumstances.
F7227
In subsection (1)(a), “valuation date” means the date by reference to which the amount shown in the relevant statement under section 97H is determined.
97K Withdrawal of transfer notice.
1
Subject to subsections (2) and (3), a person who has given a transfer notice may withdraw it by giving the trustees or managers to whom it was given notice in writing that he no longer requires them to comply with it.
2
A transfer notice may not be withdrawn if the trustees or managers have already entered into an agreement with a third party to use the whole or part of the amount they are required to use in accordance with the notice.
3
If the giving of a transfer notice depended on the making of an application under section 91, the notice may only be withdrawn if the application is also withdrawn.
97L Variation of the amount required to be used.
1
Regulations may make provision for the amount required to be used under section 97F(1) to be increased or reduced in prescribed circumstances.
2
Without prejudice to the generality of subsection (1), the circumstances which may be prescribed include—
a
failure by the trustees or managers of a qualifying scheme to comply with a notice under section 97F(1) within 6 months of the date by reference to which the amount of the cash equivalent falls to be determined, and
b
the state of funding of a qualifying scheme.
3
Regulations under subsection (1) may have the effect of extinguishing an obligation under section 97F(1).
97M Effect of transfer on trustees’ duties.
Compliance with a transfer notice shall have effect to discharge the trustees or managers of a qualifying scheme from any obligation to provide the F625benefits to which the transfer notice relates.
97N Matters to be disregarded in calculations.
In making any calculation for the purposes of this Chapter—
a
any charge or lien on, and
b
any set-off against,
the whole or part of a pension shall be disregarded.
97NAF580Prohibition on excluding transfers of some rights without others etc
Except as mentioned in sections 92(4) and 97G(4), a pension scheme may not contain rules that would have the effect of—
a
preventing a member from exercising a right under this Chapter in relation to a category of benefits without also exercising a right under this Chapter or otherwise to require a transfer payment to be made in respect of another category of benefits, or
b
preventing a member who exercises a right under this Chapter in relation to a category of benefits from accruing rights to benefits in another category.
97O Service of notices.
A notice under section 97F(1) or 97K(1) shall be taken to have been given if it is delivered to the trustees or managers personally or sent by post in a registered letter or by recorded delivery service.
97P Interpretation of Chapter II.
1
In this Chapter—
F696“category”, in relation to benefits, has the meaning given by section 97F(6B);
“eligible member”, in relation to a qualifying scheme, means a member who has pension credit rights under the scheme;
F696“flexible benefit” has the meaning given by section 74 of the Pension Schemes Act 2015;
“normal benefit age”, in relation to an eligible member of a qualifying scheme, means the earliest age at which the member is entitled to receive a pension by virtue of his pension credit rights under the scheme (disregarding any scheme rule making special provision as to early payment of pension on grounds of ill-health or otherwise);
F704...
“pension credit rights”, in relation to a qualifying scheme, means rights to future benefits under the scheme which are attributable (directly or indirectly) to a pension credit;
“qualifying scheme” means a funded occupational pension scheme and a personal pension scheme;
“transfer notice” has the meaning given by section 97F(7).
F5432
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In this Chapter, references to the relevant statement under section 97H, in relation to a transfer notice F1001in relation to benefits other than money purchase benefits, are to the statement under that section on which the giving of the notice depended.
4
For the purposes of this section, an occupational pension scheme is funded if it meets its liabilities out of a fund accumulated for the purpose during the life of the scheme.
F71897Q Power to modify Chapter II in relation to hybrid schemes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V Annual Increases of Pensions in Payment
Chapter I Pensions under Final Salary Schemes, etc.
F19598
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19699
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F197100
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F198101
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F199102
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F200103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F201104
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter II Guaranteed Minimum Pensions
105 Annual increase of guaranteed minimum pensions.
1
Whenever the Secretary of State makes an order under section 109 of the M20Pension Schemes Act 1993 specifying a percentage by which there is to be an increase of the rate of that part of guaranteed minimum pensions which is attributable to earnings factors for F202the tax years in the relevant period as defined in that section for—
a
earners who have attained pensionable age; and
b
F911widows, widowers and surviving civil partners,
the Department may make a corresponding order for Northern Ireland.
2
Where the benefits mentioned in section 42(1) to (7) are not increased on the day on which an order under this section takes effect, the order shall be treated for the purposes of that section as not taking effect until the day on which those benefits are next increased.
106 Requirement as to resources for annual increase of guaranteed minimum pensions.
1
Except as permitted by F203Article 53 of the Pensions (Northern Ireland) Order 1995, the trustees or managers of a scheme may not make an increase in a person’s pension which is required by virtue of section 105 out of money which would otherwise fall to be used for the payment of benefits under the scheme to or in respect of that person unless—
a
the payment is to an earner in respect of the tax year in which he attains pensionable age and the increase is the one required to be made in the next tax year; or
b
the payment is to a person as the F1000widow, widower or surviving civil partner of an earner who died before attaining pensionable age and is in respect of the tax year in which the person became a F1000widow, widower or surviving civil partner, and the increase is the one required to be made in the next tax year.
F2042
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2043
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2044
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VI Further Requirements for Protection of Scheme Members
F798107 Voluntary contributions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
107AF205Monitoring of employers’ payments to personal pension schemes.
1
This section applies where—
a
an employee is a member of a personal pension scheme; and
b
direct payment arrangements exist between the employee and his employer.
2
In this section “direct payment arrangements” means arrangements under which contributions fall to be paid by or on behalf of the employer towards the scheme—
a
on the employer’s own account (but in respect of the employee); or
b
on behalf of the employee out of deductions from the employee’s earnings.
F8033
The trustees or managers of the scheme must monitor the payment of contributions by or on behalf of the employer under the direct payment arrangements.
4
The trustees or managers may request the employer to provide them, (or arrange for them to be provided) with the payment information specified in the request.
5
For the purposes of subsection (4) “payment information” is information required by the trustees or managers to enable them to discharge the duty imposed by subsection (3).
6
The employer must comply with a request under subsection (4) within a reasonable period.
7
Where, as a result of the employer's failure to so comply, the trustees or managers are unable to discharge the duty imposed by subsection (3), they must give notice to that effect to the Regulatory Authority within a reasonable period.
7A
Where—
a
a contribution payable under the direct payment arrangements has not been paid on or before its due date, and
b
the trustees or managers have reasonable cause to believe that the failure to pay the contribution is likely to be of material significance in the exercise by the Regulatory Authority of any of their functions,
they must give notice to that effect to the Regulatory Authority and the employee within a reasonable period after the due date.
8
If—
a
the employer fails to take all such steps as are reasonable to secure compliance with F548subsection (6) and as a result the trustees or managers of the scheme are unable to discharge the duty imposed by subsection (3) , or
b
a contribution payable under the direct payment arrangements is not paid to the trustees or managers of the scheme on or before its due date,
Article 10 of the Pensions (Northern Ireland) Order 1995 (power of the Regulatory Authority to impose civil penalties) applies to the employer.
9
If F541subsection (7) or (7A) is not complied with, Article 10 of the Pensions (Northern Ireland) Order 1995 applies to any trustee or manager of the scheme who has failed to take all such steps as are reasonable to secure compliance.
F62210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
A person shall not be required by virtue of subsection (8)(b) to pay a penalty under Article 10 of the Pensions (Northern Ireland) Order 1995 in respect of a failure if in respect of that failure he has been—
a
required to pay a penalty under that Article by virtue of Article 5(7) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (failures in respect of stakeholder pensions), or
b
convicted of an offence under subsection (12).
12
A person is guilty of an offence if he is knowingly concerned in the fraudulent evasion of the direct payment arrangements so far as they are arrangements for the payment by him or any other person of any such contribution towards the scheme as is mentioned in subsection (2)(b).
13
A person guilty of an offence under subsection (12) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine or both.
14
No prosecution shall be brought against the Crown for an offence under subsection (12), but that subsection applies to persons in the public service of the Crown as to other persons.
15
In this section “due date”, in relation to a contribution payable under the direct payment arrangements, means—
a
if the contribution falls to be paid on the employer’s own account, the latest day under the arrangements for paying it;
b
if the contribution falls to be paid on behalf of the employee, the last day of a prescribed period.
16
Regulations may provide for this section to apply with such modifications as may be prescribed in a case where—
a
the direct payment arrangements give effect to a requirement arising under paragraph (5) of Article 5 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (deduction and payment of employee’s contributions to stakeholder scheme), and
b
in accordance with regulations under that paragraph, that requirement is for the employer to pay contributions to a person prescribed by such regulations (instead of to the trustees or managers of the scheme).
17
Nothing in this section shall be taken as varying the provisions of the direct payment arrangements or as affecting their enforceability.
F76118
In this section, “employee” includes a jobholder within the meaning of section 1 of the Pensions (No. 2) Act (Northern Ireland) 2008 and “employer” is to be read accordingly.
F830107B Obtaining information for purposes of section 107A and corresponding legislation in Great Britain.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F206108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
109 Disclosure of information about schemes to members, etc.
1
The Department may by regulations specify requirements to be complied with in the case of an occupational pension scheme or a personal pension scheme with respect to keeping the persons mentioned in subsection (2) informed—
a
of its constitution;
b
of its administration and finances;
c
of the rights and obligations that arise or may arise under it;
F207ca
of the pensions and other benefits an entitlement to which would be likely to accrue to the member, or be capable of being secured by him, in respect of the rights that may arise under it; and
d
of any other matters that appear to the Department to be relevant to occupational pension schemes or personal pension schemes in general or to schemes of a description to which the scheme in question belongs.
2
The persons referred to in subsection (1) are—
a
members and, in the case of an occupational pension scheme, prospective members of the scheme;
b
spouses F854or civil partners of members and, in the case of an occupational pension scheme, of prospective members;
c
persons within the application of the scheme and qualifying or prospectively qualifying for its benefits;
d
in the case of an occupational pension scheme, independent trade unions recognised to any extent for the purposes of collective bargaining in relation to members and to prospective members of the scheme.
F578e
persons of prescribed descriptions.
F8492A
In complying with requirements specified in the regulations, a person must have regard to any guidance prepared from time to time by the Department.
3
Without prejudice to the generality of section 177(2), the regulations may distinguish between—
a
cases in which information is to be given as of course; and
b
cases in which information need only be given on request or in other prescribed circumstances.
F2083A
The regulations may provide for the information that must be given to be determined, in whole or part, by reference to guidance which F746is prepared and from time to time revised by a prescribed body.
F2083B
The regulations may, in relation to cases where a scheme is being wound up, contain—
a
provision conferring power on the Regulatory Authority, at times before the period expires, to extend any period specified in the regulations as the period within which a requirement imposed by the regulations must be complied with; and
b
provision as to the contents of any application for the exercise of such a power and as to the form and manner in which, and the time within which, any such application must be made.
4
The regulations shall make provision for referring to an industrial tribunal any question whether an organisation is such a trade union as is mentioned in subsection (2)(d).
F6635
The Department must make regulations under subsection (1) requiring information about some or all of the transaction costs of a relevant scheme to be given to some or all of the persons mentioned in subsection (2).
6
The Department must by regulations make provision requiring the publication of information about—
a
some or all of the transaction costs of a relevant scheme, and
b
some or all of the F473other administration charges imposed on members of a relevant scheme.
7
Regulations under subsection (6) may require other relevant information to be published along with information about transaction costs or F951other administration charges in relation to a scheme.
8
“Other relevant information” means other information which would or may assist in making comparisons between those costs or charges and costs or charges in relation to other schemes.
9
In this section—
“administration charge” has the meaning given by paragraph 1(5) of Schedule 18 to the Pensions Act (Northern Ireland) 2015;
“relevant scheme” means a money purchase scheme that is an occupational pension scheme.
109AF678Disclosure of information about transfers etc.
Regulations may provide that, where—
a
a payment is made out of an occupational pension scheme to the trustees or managers of another occupational pension scheme, and
b
transfer credits are allowed to a member of that other scheme in respect of the payment,
the trustees or managers of the first scheme must, in prescribed circumstances and in the prescribed manner, provide to the trustees or managers of the other scheme prescribed information relating to the payment.
109BF969Occupational pension schemes: requirements to refer members to guidance etc
1
The Department must make regulations requiring the trustees or managers of an occupational pension scheme to take the steps mentioned in subsections (2) and (3) in relation to an application from a relevant beneficiary—
a
to transfer any rights accrued under the scheme, or
b
to start receiving benefits provided by the scheme.
2
As part of the application process, the trustees or managers must ensure that—
a
the beneficiary is referred to appropriate pensions guidance, and
b
the beneficiary is provided with an explanation of the nature and purpose of such guidance.
3
Before proceeding with the application, the trustees or managers must ensure that the beneficiary has either received appropriate pensions guidance or has opted out of receiving such guidance.
4
The regulations may—
a
specify what constitutes appropriate pensions guidance;
b
make further provision about how the trustees or managers must comply with the duties in subsections (2) and (3) (such as provision about methods of communication and time limits);
c
make further provision about how, and to whom, a beneficiary may indicate that they have received or opted out of receiving appropriate pensions guidance for the purposes of subsection (3);
d
specify what the duties of the trustees or managers are in the situation where a beneficiary does not respond to a communication that is made for the purposes of complying with the duty in subsection (3);
e
provide for exceptions to the duties in subsections (2) and (3) in specified cases;
f
provide for the Department or another prescribed person to issue guidance for the purposes of this section, to which trustees or managers must have regard in complying with their duties under the regulations.
5
In determining what provision to include in the regulations, the Department must have regard to any rules that are for the time being in force under section 137FB(1A) of the Financial Services and Markets Act 2000.
6
In this section—
“relevant beneficiary”, in relation to a pension scheme, means—
- a
a member of the scheme, or
- b
another person of a prescribed description,
who has a right or entitlement to flexible benefits under the scheme;
- a
“flexible benefits” has the meaning given by section 74 of the Pension Schemes Act 2015;
“pensions guidance” means information or guidance provided by any person in pursuance of the requirements mentioned in section 4 of the Financial Guidance and Claims Act 2018 (information etc about flexible benefits under pension schemes).
F209110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
111 Powers as respects failure to comply with information requirements.
1
If the trustees or managers of an occupational pension scheme or a personal pension scheme, having made default in complying with regulations under section 109 F671or 109B F210. . ., fail to make good the default within 14 days after the service on them of a notice requiring them to do so, an order may be made under this subsection.
2
The Department may by regulations specify forms for notices under subsection (1).
3
An order under subsection (1) is an order directing the trustees or managers to make good the default within such time as may be specified in the order.
4
The power to make such an order shall be exercisable by a county court on the application of any person mentioned in subsection (5).
5
The persons referred to in subsection (4) are—
a
the Department;
b
any person authorised by the Department to make an application under this section; and
c
any aggrieved person.
6
An order under this section may provide that all costs of and incidental to the application shall be borne personally by any of the trustees or managers of the scheme.
F211112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113 Regulations as to form and content of advertisements.
Regulations may be made relating to the form and content of advertisements and such other material as may be prescribed issued by or on behalf of the trustees or managers of a personal or occupational pension scheme for the purposes of the scheme.
F212114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VII Insolvency of Employers
Chapter I Independent Trustees
F213115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F214116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F215117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F216118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter II Payment by the Department of Unpaid Scheme Contributions
C34119 Interpretation of Chapter II.
1
For the purposes of this Chapter, an employer shall be taken to be insolvent if, but only if, in Northern Ireland—
a
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
b
he has died and his estate falls to be administered in accordance with an order under Article 365 of the Insolvency (Northern Ireland) Order 1989; F903...
c
where the employer is a company—
i
ii
a receiver or manager of its undertaking is duly appointed,
iii
possession is taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company comprised in or subject to the charge, or
d
subsection F756(1ZA) or (1A) is satisfied.
F4531ZA
This subsection is satisfied in the case of an employer if—
a
the employer is a legal person,
b
a request has been made for the first opening of collective proceedings—
i
based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and
ii
involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and
c
any of the following has decided to open the proceedings—
i
a court,
ii
a meeting of creditors, or
iii
the creditors by a decision procedure.
F8111A
This subsection is satisfied if—
a
a request has been made for the first opening of collective proceedings—
i
based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State; and
ii
involving the partial or total divestment of the employer’s assets and the appointment of a liquidator or a person performing a similar task; and
b
the competent authority has—
i
decided to open the proceedings; or
ii
established that the employer’s undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.
1B
For the purposes of F450this section—
a
“liquidator or person performing a similar task” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or person performing a similar task;
b
“competent authority” includes—
i
a court,
ii
a meeting of creditors,
iii
a creditors’ committee,
iv
the creditors by a decision procedure, and
v
an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.
1C
An application under section 120 may only be made in respect of a worker who worked or habitually worked in Northern Ireland in that employment to which the application relates.
2
In this Chapter—
F651“employer”, “employment”, “worker” and “worker's contract” and other expressions which are defined in the Employment Rights (Northern Ireland) Order 1996 have the same meaning as in that Order (see further subsections (2A) and (2B));
“holiday pay” means—
- a
pay in respect of a holiday actually taken; or
- b
any accrued holiday pay which under F909the worker's contract would in the ordinary course have become payable to him in respect of the period of a holiday if his employment with the employer had continued until he became entitled to a holiday;
- a
F794...
F8212A
Section 71 of the Pensions (No. 2) Act (Northern Ireland) 2008 (agency workers) applies for the purposes of this Chapter as it applies for the purposes of Part 1 of that Act.
2B
References in this Chapter to a worker include references to an individual to whom Part 1 of the Pensions (No. 2) Act (Northern Ireland) 2008 applies as if the individual were a worker because of regulations made under section 77 of that Act; and related expressions are to be read accordingly.
F8363
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Any reference in this Chapter to the resources of a scheme is a reference to the funds out of which the benefits provided by the scheme are from time to time payable.
120 Duty of Department to pay unpaid contributions to schemes.
1
If, on an application made to it in writing by the persons competent to act in respect of an occupational pension scheme or a personal pension scheme, the Department is satisfied—
a
that an employer has become insolvent; and
b
that at the time he did so there remained unpaid relevant contributions falling to be paid by him to the scheme,
then, subject to the provisions of this section and section 121, the Department shall pay into the resources of the scheme the sum which in its opinion is payable in respect of the unpaid relevant contributions.
2
In this section and section 121 “relevant contributions” means contributions falling to be paid by an employer to an occupational pension scheme or a personal pension scheme, either on his own account or on behalf of F574a worker; and for the purposes of this section a contribution shall not be treated as falling to be paid on behalf of F574a worker unless a sum equal to that amount has been deducted from the pay of F529the worker by way of a contribution from him.
3
F217Subject to subsection (3A),The sum payable under this section in respect of unpaid contributions of an employer on his own account to an occupational pension scheme or a personal pension scheme shall be the least of the following amounts—
a
the balance of relevant contributions remaining unpaid on the date when he became insolvent and payable by the employer on his own account to the scheme in respect of the 12 months immediately preceding that date;
b
the amount certified by an actuary to be necessary for the purpose of meeting the liability of the scheme on dissolution to pay the benefits provided by the scheme to or in respect of the F597workers of the employer;
c
an amount equal to 10 per cent. of the total amount of remuneration paid or payable to those F597workers in respect of the 12 months immediately preceding the date on which the employer became insolvent.
F2183A
Where the scheme in question is a money purchase scheme, the sum payable under this section by virtue of subsection (3) shall be the lesser of the amounts mentioned in paragraphs (a) and (c) of that subsection.
4
For the purposes of subsection (3)(c), “remuneration” includes holiday pay, statutory sick pay, statutory maternity pay under Part VI of the M22Social Security (Northern Ireland) Order 1986 or Part XII of the M23Social Security Contributions and Benefits (Northern Ireland) Act 1992 and any such payment as is referred to in F219Article 229(2) of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments, etc.).
5
Any sum payable under this section in respect of unpaid contributions on behalf of F574a worker shall not exceed the amount deducted from the pay of F529the worker in respect of F715the worker's contributions to the scheme during the 12 months immediately preceding the date on which the employer became insolvent.
6
121 Certification of amounts payable under s. 120 by insolvency officers.
1
This section applies where one of the officers mentioned in subsection (2) (“the relevant officer”) is acting or has been or is required to be appointed in connection with an employer’s insolvency.
2
The officers referred to in subsection (1) are—
a
the official receiver; or
b
any such person as is referred to in paragraph (1) or (2) of Article 3 of the M24Insolvency (Northern Ireland) Order 1989 (insolvency practitioners), as read with paragraphs (3) and (4) of that Article.
3
Subject to subsection (5), where this section applies the Department shall not make any payment under section 120 in respect of unpaid relevant contributions until it has received a statement from the relevant officer of the amount of relevant contributions which appear to have been unpaid on the date on which the employer became insolvent and to remain unpaid; and the relevant officer shall on request by the Department provide it as soon as reasonably practicable with such a statement.
4
Subject to subsection (5), an amount shall be taken to be payable, paid or deducted as mentioned in subsection (3)(a) or (c) or (5) of section 120 only if it is so certified by the relevant officer.
5
If the Department is satisfied—
a
that it does not require a statement under subsection (3) in order to determine the amount of relevant contributions that was unpaid on the date on which the employer became insolvent and remains unpaid, or
b
that it does not require a certificate under subsection (4) in order to determine the amounts payable, paid or deducted as mentioned in subsection (3)(a) or (c) or (5) of section 120,
it may make a payment under that section in respect of the contributions in question without having received such a statement or, as the case may be, such a certificate.
122 Complaint to industrial tribunal.
1
Any persons who are competent to act in respect of an occupational pension scheme or a personal pension scheme and who have applied for a payment to be made under section 120 into the resources of the scheme may present a complaint to an industrial tribunal that—
a
the Department has failed to make any such payment; or
b
any such payment made by the Department is less than the amount which should have been paid.
2
Such a complaint must be presented within the period of three months beginning with the date on which the decision of the Department on that application was communicated to the persons presenting it or, if that is not reasonably practicable, within such further period as is reasonable.
3
Where an industrial tribunal finds that the Department ought to make a payment under section 120, it shall make a declaration to that effect and shall also declare the amount of any such payment which it finds that the Department ought to make.
123 Transfer to Department of rights and remedies.
1
Where in pursuance of section 120 the Department makes any payment into the resources of an occupational pension scheme or a personal pension scheme in respect of any contributions to the scheme, any rights and remedies in respect of those contributions belonging to the persons competent to act in respect of the scheme shall, on the making of the payment, become rights and remedies of the Department.
2
Where—
a
the Department makes any such payment as is mentioned in subsection (1); and
b
the sum (or any part of the sum) falling to be paid by the employer on account of the contributions in respect of which the payment is made constitutes a preferential debt within the meaning of the M25Insolvency (Northern Ireland) Order 1989 for the purposes of any provision of that Order (including any such provision as applied by an order made under that Order F572or any provision of the Companies Acts (as defined in section 2(1) of the Companies Act 2006)) F769...,
then, without prejudice to the generality of subsection (1), there shall be included among the rights and remedies which become rights and remedies of the Department in accordance with that subsection any right arising under any such provision by reason of the status of that sum (or that part of it) as a preferential or preferred debt.
3
In computing for the purposes of any provision referred to in subsection (2)(b) the aggregate amount payable in priority to other creditors of the employer in respect of—
a
any claim of the Department to be so paid by virtue of subsection (2); and
b
any claim by the persons competent to act in respect of the scheme,
any claim falling within paragraph (a) shall be treated as if it were a claim of those persons; but the Department shall be entitled, as against those persons, to be so paid in respect of any such claim of the Department (up to the full amount of the claim) before any payment is made to them in respect of any claim falling within paragraph (b).
Chapter III Priority in Bankruptcy
124 Priority in bankruptcy, etc.
Schedule 3 shall have effect for affording priority in cases of insolvency to liabilities in respect of contributions to occupational pension schemes and in respect of state scheme premiums.
Part VIII Relationship Between Requirements and Scheme Rules
125 Overriding requirements.
1
Subject to subsection (2), the provisions of F727Chapters 2 and 3 of Part 4, Chapters 1 and 2 of Part 4ZAF220Chapters I and II of Part IVA,, F221. . . section 106(1) F221. . . and any regulations made F221. . . under F657any of those Chapters or section 109 F221. . . override any provision of a scheme to which they apply to the extent that it conflicts with them.
2
3
In subsection (2) “protected provision” means—
F223a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F905b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
any provision of a scheme which is included in it for the purpose of effecting a transfer of rights or liabilities authorised by regulations under section 16(1);
d
any provision of a scheme to the extent that it deals with commutation, suspension or forfeiture of the whole or part of a pension; and
e
any provision of a scheme whereby, as respects so much of a F810widow's, widower’s or surviving civil partner's pension as exceeds the guaranteed minimum pension—
i
no pension or a pension at a reduced rate is payable if the earner and the F540widow, widower or surviving civil partner married or, as the case may be, formed a civil partnership not more than six months before the earner’s death;
ii
the whole or any part of the pension is not paid to the F831widow, widower or surviving civil partner, but instead comparable benefits are provided for one or more dependants of the deceased earner; or
iii
no pension, or a pension at a reduced rate, is payable to the F831widow, widower or surviving civil partner (or, where a provision such as is mentioned in sub-paragraph (ii) operates, to another dependant of the deceased earner) who was more than ten years younger than the deceased earner.
4
For the purposes of the application of Chapter II of Part IV to schemes which are not contracted-out, subsection (3) shall have effect with the omission—
a
from paragraph (c), of the words from “authorised” to the end; and
b
from paragraph (e), of the words from “as respects” to “guaranteed minimum pension”.
126 Extra-statutory benefits.
It is hereby declared that—
a
nothing in Part III precludes an occupational pension scheme from providing benefits that are more favourable than those required for contracting-out purposes and, in particular, nothing in section 12(3) is to be taken as preventing the scheme from providing increases above the alternative minima there mentioned; and
b
nothing in the provisions of F809Chapter 2 of Part 4 or Chapter 1 or 2 of Part 4ZA precludes a scheme from being framed or managed more favourably to beneficiaries than is called for by those provisions.
127 Relationship of preservation requirements and scheme rules.
It is hereby declared that nothing in Chapter I of Part IV—
a
applies with direct effect to any scheme, or to the rights or liabilities of any person in, under or by virtue of a scheme; or
b
precludes a scheme from being so framed as to provide benefits on any ampler scale, or (subject to any express provision made in that Chapter) payable at any earlier time or otherwise more favourable to beneficiaries, than is called for by the preservation requirements.
128 Duty to bring schemes into conformity with indirectly-applying requirements.
Where the rules of an occupational pension scheme to which the preservation requirements, F224. . . F1005... apply do not comply with those requirements it shall be the responsibility of—
a
the trustees and managers of the scheme; or
b
in the case of a public service pension scheme, the Minister of the Crown, government department or other person or body concerned with its administration,
to take such steps as are open to them for bringing the rules of the scheme into conformity with those requirements.
F225129
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F226130
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F227131
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IX Modification and Winding Up of Schemes
Modification
F228132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F230134
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F231135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F232136
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F233137
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Winding up
F234138 Powers of the Board to wind up schemes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F235139 Winding up of public service schemes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F236140 Deficiencies in the assets of a scheme on winding up.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C84Part X Investigations: the Pensions Ombudsman
Pt. 10 restricted (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), regs. 1, 27(3)(a)(ii)
141 The Pensions Ombudsman.
1
In this Part “the Pensions Ombudsman” means the person appointed under section 145 of the M26Pension Schemes Act 1993.
F2372A
The Pensions Ombudsman may (with the approval of the Department as to numbers) appoint such persons to be employees of his as he thinks fit, on such terms and conditions as to remuneration and other matters as the Pensions Ombudsman may with the approval of the Department determine.
2B
The Department may, on such terms as to payment by the Pensions Ombudsman as the Department thinks fit, make available to the Pensions Ombudsman such additional staff and such other facilities as it thinks fit.
2C
Any function of the Pensions Ombudsman, other than the determination of complaints made and disputes referred under this Part, may be performed by any—
a
employee appointed by the Pensions Ombudsman under subsection (2A) or any corresponding provision in force in Great Britain, or
b
member of staff made available to him under subsection (2B) or any corresponding provision in force in Great Britain,
who is authorised for that purpose by the Pensions Ombudsman.
3
The Department may reimburse the Pensions Ombudsman in respect of any expenses incurred by him in the performance of his functions.
142 Functions of the Pensions Ombudsman.
F2381
The Pensions Ombudsman may investigate and determine the following F239matters—
a
a complaint made to him by or on behalf of an actual or potential beneficiary of an occupational or personal pension scheme who alleges that he has sustained injustice in consequence of maladministration in connection with any act or omission of a person responsible for the management of the scheme,
b
a complaint made to him—
i
by or on behalf of a person responsible for the management of an occupational pension scheme who in connection with any act or omission of another person responsible for the management of the scheme, alleges maladministration of the scheme, or
ii
by or on behalf of the trustees or managers of an occupational pension scheme who in connection with any act or omission of any trustee or manager of another such scheme, allege maladministration of the other scheme,
and in any case falling within sub-paragraph (ii) references in this Part to the scheme to which the complaint relates F240are references to the other scheme referred to in that sub-paragraph
F241ba
a complaint made to him by or on behalf of an independent trustee of a trust scheme who, in connection with any act or omission which is an act or omission either—
i
of trustees of the scheme who are not independent trustees, or
ii
of former trustees of the scheme who were not independent trustees,
alleges maladministration of the scheme,
c
any dispute of fact or law F242. . . in relation to an occupational or personal pension scheme between—
i
a person responsible for the management of the scheme, and
ii
an actual or potential beneficiary,
F242. . . and
d
any dispute of fact or law F242. . . between the trustees or managers of an occupational pension scheme and—
i
another person responsible for the management of the scheme, or
ii
any trustee or manager of another such scheme,
F243and in a case falling within sub-paragraph (ii) references in this Part to the scheme to which the reference relates are references to each of the schemes,
- e
any dispute not falling within paragraph (f) between different trustees of the same occupational pension scheme,
- f
F896any dispute, in relation to a time while Article 22 of the Pensions (Northern Ireland) Order 1995 (circumstances in which the Regulatory Authority may appoint an independent trustee) applies in relation to an occupational pension scheme, between an independent trustee of the scheme appointed under Article 23(1) of that Order and either—
- i
other trustees of the scheme, or
- ii
former trustees of the scheme who were not independent trustees appointed under Article 23(1) of that Order, and
- i
- g
any question relating, in the case of an occupational pension scheme with a sole trustee, to the carrying out of the functions of that trustee.
F2441A
The Pensions Ombudsman shall not investigate or determine any dispute or question falling within subsection (1)(c) to (g) unless it is referred to him—
a
in the case of a dispute falling within subsection (1)(c), by or on behalf of the actual or potential beneficiary who is a party to the dispute,
b
in the case of a dispute falling within subsection (1)(d), by or on behalf of any of the parties to the dispute,
c
in the case of a dispute falling within subsection (1)(e), by or on behalf of at least half the trustees of the scheme,
d
in the case of a dispute falling within subsection (1)(f), by or on behalf of the independent trustee who is a party to the dispute,
e
in the case of a question falling within subsection (1)(g), by or on behalf of the sole trustee.
1B
For the purposes of this Part any reference to or determination by the Pensions Ombudsman of a question falling within subsection (1)(g) shall be taken to be the reference or determination of a dispute.
2
Complaints and references made to the Pensions Ombudsman must be made to him in writing.
3
For the purposes of this Part, the following persons (subject to subsection (4)) are responsible for the management of an occupational pension scheme F245or a personal pension scheme—
a
the trustees or managers, and
b
the employer;
but, in relation to a person falling within one of those paragraphs, references in this Part to another person responsible for the management of the same scheme are to a person falling within the other paragraph.
F2463A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Regulations may provide that, subject to any prescribed modification or exceptions, this Part shall apply in the case of an occupational or personal pension scheme in relation to any prescribed person or body of persons where the person or body—
a
is not a trustee or manager or employer, but
b
is concerned with the financing or administration of, or the provision of benefits under, the scheme,
as if for the purposes of this Part he were a person responsible for the management of the scheme.
F8064A
For the purposes of subsection (4) a person or body of persons is concerned with the administration of an occupational or personal pension scheme where the person or body is responsible for carrying out an act of administration concerned with the scheme.
5
The Pensions Ombudsman may investigate a complaint or dispute notwithstanding that it arose, or relates to a matter which arose, before 1st October 1990 (the date on which the provisions under which his office was constituted came into force).
C356
The Pensions Ombudsman shall not investigate or determine a complaint or dispute—
F247a
if, before the making of the complaint or the reference of the dispute—
i
proceedings in respect of the matters which would be the subject of the investigation have been begun in any court or industrial tribunal, and
ii
those proceedings are proceedings which have not been discontinued or which have been discontinued on the basis of a settlement or compromise binding all the persons by or on whose behalf the complaint or reference is made;
b
if the scheme is of a description which is excluded from the jurisdiction of the Pensions Ombudsman by regulations under this subsection; or
c
if and to the extent that the complaint or dispute, or any matter arising in connection with the complaint or dispute, is of a description which is excluded from the jurisdiction of the Pensions Ombudsman by regulations under this subsection.
7
The persons who, for the purposes of this Part are 'F248actual or potential beneficiaries'in relation to a scheme are—
a
a member of the scheme;
b
the F757widow, widower or surviving civil partner, or any surviving dependant, of a deceased member of the scheme;
F249ba
a person who is entitled to a pension credit as against the trustees or managers of the scheme;
F531bb
a person who has given notice in accordance with section 8 of the Pensions (No. 2) Act (Northern Ireland) 2008 (right to opt out of membership of an automatic enrolment scheme);
c
where the complaint or dispute relates to the question—
i
ii
whether a person who claims to be entitled to become a member of the scheme is so entitled,
the person so claiming.
8
In this Part—
“employer”, in relation to a pension scheme, includes a person—
- a
who is or has been an employer in relation to the scheme, or
- b
who is or has been treated under section 176(2) as an employer in relation to the scheme for the purposes of any provision of this Act, or under section 181(2) of the M27Pension Schemes Act 1993 as an employer in relation to the scheme for the purposes of any provision of that Act;
- a
F251“independent trustee”, in relation to a scheme, means—
a
a trustee of the scheme appointed under F632Article 23(1) of the Pensions (Northern Ireland) Order 1995 (appointment of independent trustee by the Regulatory Authority)
b
a person appointed under Article 7(1) of that Order to replace a trustee falling within paragraph (a) or this paragraph;
“member”, in relation to a pension scheme, includes a person—
- a
who is or has been in pensionable service under the scheme, or
- b
who is or has been treated under section 176(4) as a member in relation to the scheme for the purposes of any provision of this Act or under section 181(4) of the Pension Schemes Act 1993 as a member in relation to the scheme for the purposes of any provision of that Act;
- a
“trustees or managers”, in relation to a pension scheme which is a public service pension scheme or a United Kingdom public service pension scheme, includes the scheme’s administrators;
“United Kingdom public service pension scheme” means a public service pension scheme as defined in section 181(1) of the Pension M28Schemes Act 1993;
and in this subsection “pensionable service” includes pensionable service as defined in section 181(1) of the M29Pension Schemes Act 1993.
143 Death, insolvency or disability of authorised complainant.
1
Where an F252actual or potential beneficiary dies or is a minor or is otherwise unable to act for himself, then, unless subsection (3) applies—
a
any complaint or dispute (whenever arising) which the F252actual or potential beneficiary might otherwise have made or referred under this Part may be made or referred by the appropriate person, and
b
anything in the process of being done by or in relation to the F252actual or potential beneficiary under this Part may be continued by or in relation to the appropriate person,
and any reference in this Part, except this section, to an F252actual or potential beneficiary shall be construed as including a reference to the appropriate person.
2
For the purposes of subsection (1) “the appropriate person” means—
a
where the F253actual or potential beneficiary has died, his personal representatives; or
b
in any other case, a member of F253his family, or some body or individual suitable to represent him.
3
Where a person is acting as an insolvency practitioner in relation to F254a person by whom, or on whose behalf, a complaint or reference has been made under this Part, investigations under this Part shall be regarded for the purposes of the M30Insolvency (Northern Ireland) Order 1989 as legal proceedings.
4
In this section “acting as an insolvency practitioner” shall be construed in accordance with Article 3 of the Insolvency (Northern Ireland) Order 1989, but disregarding paragraph (5) of that Article (exclusion of official receiver).
144 Staying court proceedings where a complaint is made or a dispute is referred.
1
This section applies where—
a
a complaint has been made or a dispute referred to the Pensions Ombudsman; and
b
any party to the investigation subsequently commences any legal proceedings in any court against any other party to the investigation in respect of any of the matters which are the subject of the complaint or dispute.
2
Where this section applies, any party to the legal proceedings may—
a
if the proceedings are in the High Court, at any time after an appearance has been entered and before delivering any pleadings or taking any other step in the proceedings;
b
if the proceedings are in the county court, at any time after the civil bill or other originating process has been served and before taking any other step in the proceedings,
apply to the court to stay the proceedings.
3
On an application under subsection (2) the court may make an order staying the proceedings if it is satisfied—
a
that there is no sufficient reason why the matter should not be investigated by the Pensions Ombudsman; and
b
that the applicant was at the time when the legal proceedings were commenced and still remains ready and willing to do all things necessary to the proper conduct of the investigation.
4
For the purposes of this section the parties to an investigation are—
F255a
the person by whom, or on whose behalf, the complaint or reference has been made;
b
any person responsible for the management of the scheme to which the complaint or reference relates;
F698bb
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
any person against whom allegations are made in the complaint or reference; and
d
any person claiming under a person falling within paragraphs (a) to (c).
145 Procedure on an investigation.
F4791
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7011A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9441B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The Department may make rules with respect to the procedure which is to be adopted in connection with the making of complaints, the reference of disputes, and the investigation of complaints made and disputes referred, under this Part.
3
The rules may include provision—
a
requiring any oral hearing held in connection with such an investigation to take place in public, except in such cases as may be specified in the rules; F257. . .
b
as to the persons entitled to appear and be heard on behalf of parties to an investigation, as defined in section 144(4)
F720ba
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F258c
for the payment by the Pensions Ombudsman of such travelling and other allowances (including compensation for loss of remunerative time) as the Department may determine, to—
i
actual or potential beneficiaries of a scheme to which a complaint or reference relates, or
ii
persons appearing and being heard on behalf of such actual or potential beneficiaries, who attend at the request of the Pensions Ombudsman any oral hearing held in connection with an investigation into the complaint or disputeF259and
F602d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Subject to any provision made by the rules, the procedure for conducting such an investigation shall be such as the Pensions Ombudsman considers appropriate in the circumstances of the case; and he may in particular obtain information from such persons and in such manner, and make such inquiries, as he thinks fit.
F2605
The Pensions Ombudsman may disclose any information which he obtains for the purposes of an investigation under this Part to any person to whom subsection (6) applies, if the Ombudsman considers that the disclosure would enable or assist that person to discharge any of his functions.
C676
This subsection applies to the following—
a
the Regulatory Authority,
F738b
the Board of the Pension Protection Fund,
ba
the Ombudsman for the Board of the Pension Protection Fund,
F945c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
any Northern Ireland department or department of the Government of the United Kingdom,
F856e
the Financial Conduct Authority,
ea
the Prudential Regulation Authority,
eb
the Bank of England (acting otherwise than in its capacity as the Prudential Regulation Authority),
F261f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F261g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1014h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F262i
a person appointed under—
i
Part 14 of the Companies Act 1985,
ii
section 167 of the Financial Services and Markets Act 2000,
iii
subsection (3) or (5) of section 168 of that Act, or
iv
section 284 of that Act,
to conduct an investigation;
j
a body designated under section 326(1) of the Financial Services and Markets Act 2000; and
k
m
F561n
a body corporate established in accordance with paragraph 2(1) of Schedule 17 to the Financial Services and Markets Act 2000 (the scheme operator of the ombudsman scheme),
o
an ombudsman as defined in paragraph 1 of that Schedule (interpretation).
7
The Department may by order—
a
amend subsection (6) by adding any person or removing any person for the time being specified in that subsection, or
b
restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in that subsection.
F9158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
146 Investigations: further provisions.
1
For the purposes of an investigation under this Part or under any corresponding legislation having effect in Great Britain, the Pensions Ombudsman may require—
a
F263any person responsible for the management of the scheme to which the complaint or reference relates, or
b
any other person who, in his opinion, is able to furnish information or produce documents relevant to the investigation,
to furnish any such information or produce any such documents.
2
For the purposes of any such investigation the Pensions Ombudsman shall have the same powers as a county court in respect of the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad) and in respect of the production of documents.
3
No person shall be compelled for the purposes of any such investigation to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before a county court.
4
If any person without lawful excuse obstructs the Pensions Ombudsman in the performance of his functions or is guilty of any act or omission in relation to an investigation under this Part which, if that investigation were a proceeding in a county court, would constitute contempt of court, the Pensions Ombudsman may certify the offence to a county court.
5
Where an offence is certified under subsection (4) the court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence and hearing any statement that may be offered in defence, deal with him in any manner in which the court could deal with him if he had committed the like offence in relation to the court.
6
To assist him in an investigation, the Pensions Ombudsman may obtain advice from any person who in his opinion is qualified to give it and may pay to any such person such fees or allowances as he may with the approval of the Department of Finance and Personnel determine.
7
The Pensions Ombudsman may refer any question of law arising for determination in connection with a complaint or dispute to the Court of Appeal.
147 Determinations of the Pensions Ombudsman.
1
Where the Pensions Ombudsman has conducted an investigation under this Part he shall send by ordinary post a written statement of his determination of the complaint or dispute in question—
F264a
to the person by whom, or on whose behalf, the complaint or reference was made; and
b
cF526
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and any such statement shall contain the reasons for his determination.
2
Where the Pensions Ombudsman makes a determination under this Part or under any corresponding legislation having effect in Great Britain, he may direct F266any person responsible for the management of the scheme to which the complaint or reference relates to take, or refrain from taking, such steps as he may specify in the statement referred to in subsection (1) or otherwise in writing.
3
Subject to subsection (4), the determination by the Pensions Ombudsman of a complaint or dispute, and any direction given by him under subsection (2), shall be final and binding on—
F267a
the person by whom, or on whose behalf, the complaint or reference was made;
b
any person (if different) responsible for the management of the scheme to which the complaint or reference relates;
F476ba
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1018bb
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
any person claiming under a person falling within F1007....
4
An appeal on a point of law shall lie to the Court of Appeal from a determination or direction of the Pensions Ombudsman at the instance of any person falling within paragraphs (a) to (c) of subsection (3).
5
Any determination or direction of the Pensions Ombudsman shall be enforceable as if it were a judgment or order of the county court.
6
If the Pensions Ombudsman considers it appropriate to do so in any particular case, he may publish in such form and manner as he thinks fit a report of any investigation under this Part and of the result of that investigation.
7
For the purposes of the law of defamation, the publication of any matter by the Pensions Ombudsman—
a
in submitting or publishing a report under section 145(6) of the M31Pension Schemes Act 1993 or subsection (6) of this section
F268aa
in disclosing any information under section 145(5),, or
b
in sending to any person a statement under subsection (1) or a direction under subsection (2),
shall be absolutely privileged.
147AF269 Interest on late payment of benefit.
Where under this Part the Pensions Ombudsman directs a person responsible for the management of an occupational or personal pension scheme to make any payment in respect of benefit under the scheme which, in his opinion, ought to have been paid earlier, his direction may also require the payment of interest at the prescribed rate.
148 Power to apply county court rules.
Without prejudice to the generality of section 145, rules made by the Department under this section may, to any extent and with or without modifications, apply any county court rules to proceedings under or by virtue of this Part.
Part XI General and Miscellaneous Provisions
Modification powers
149 Power to modify certain provisions of this Act.
1
2
Regulations may modify Chapter I of Part IV—
a
in its application to cases where an earner is for the time being, or has been, employed in pensionable service under, or in contracted-out employment by reference to, different schemes applying to the same employment;
b
in such manner as the Department thinks fit for securing that the preservation requirements include requirements for provision to be made in a scheme as to the preservation of a member’s benefit in the event of the scheme being wound up;
c
without prejudice to paragraph (a) or (b), so that the preservation requirements apply with such modifications and exceptions as the Department considers to be necessary for particular cases or classes of case;
and regulations under paragraph (a) may relate to service under or, as the case may be, by reference to different schemes at the same time, or at different times.
F2713
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2725
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2726
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
The Department may by order provide that any enactment in Chapter II of Part VII which is specified in the order shall not apply to persons or to employments of such classes as may be prescribed in the order.
In this subsection “employments” has the same meaning as in that Chapter.
150 Application of enactments as respects personal pension schemes.
1
Regulations may provide that any provision of this Act F273or of Articles 22 to 26 and 40 of the Pensions (Northern Ireland) Order 1995 which relates to occupational pension schemes (other than a provision to which subsection (2) applies) shall have effect in relation to personal pension schemes subject to prescribed modifications.
2
This subsection applies to F274. . .section 107 so far as it relates to occupational pension schemes (and Part VIII and section 149 so far as they have effect for the purposes of section 107 as it so relates), sections 113, 119 to 123, 151, 153, 156 and 157.
Information about schemes
151F275 Requirement to give information to the Department, Secretary of State or Inland Revenue for the purposes of certain provisions.
1
Regulations may require the furnishing by prescribed persons to the Department, the Secretary of State or the Inland Revenue of such information as it or he requires or they require for the purposes of Part III, section 107 (and Part VIII and section 149 so far as they have effect for the purposes of section 107) F954and section 113.
2
In this section “regulations” means regulations made by the Department or, as the case may be, the Secretary of State and “prescribed” shall be construed accordingly.
152F276 Information for purposes of contracting-out
1
The Department or the Inland Revenue may give to the trustees or managers of an occupational pension scheme F921or a personal pension scheme which was an appropriate scheme before the abolition date such information as appears to the Department or Inland Revenue appropriate to give to them for the purpose of enabling them to comply with their obligations under Part III.
2
The Department or Inland Revenue may also give to such persons as may be prescribed any information that they could give under subsection (1) to trustees or managers of a scheme.
153 Power of Department to obtain information in connection with applications under s. 120.
1
Where an application is made to the Department under section 120 in respect of contributions to an occupational pension scheme or personal pension scheme falling to be made, by an employer the Department may require—
a
the employer to provide it with such information as the Department may reasonably require for the purpose of determining whether the application is well founded; and
b
any person having the custody or control of any relevant records or other documents to produce for examination on behalf of the Department any such document in that person’s custody or under his control which is of such a description as the Department may require.
2
Any such requirement shall be made by notice in writing given to the person on whom the requirement is imposed and may be varied or revoked by a subsequent notice so given.
3
If a person refuses or wilfully neglects to furnish any information or produce any document which he has been required to furnish or produce by a notice under this section he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
If a person, in purporting to comply with a requirement of a notice under this section, knowingly or recklessly makes any false statement, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
This section shall be construed as if it were in Chapter II of Part VII.
154 Disclosure of information between government departments, etc.
1
No obligation as to secrecy imposed by statute or otherwise on F493 Revenue and Customs officials shall prevent information obtained or held in connection with the assessment or collection of income tax from being disclosed—
a
to the Department,
b
to the Secretary of State, or
c
to an officer of either of them authorised to receive such information, in connection with the operation of this Act (except Chapter II of Part VII and sections 153 and 157) or of any corresponding legislation in Great Britain.
F2771A
No obligation as to secrecy imposed by statute or otherwise on F493 Revenue and Customs officials shall prevent information obtained or held for the purposes of Part III of this Act from being disclosed—
a
to the Department,
b
to the Secretary of State,
c
to an officer of either of them authorised to receive such information,
in connection with the operation of this Act or of any corresponding Great Britain legislation.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2783
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In relation to persons who are carrying on or have carried on F960 wholly or partly in the United Kingdom a trade, profession or vocation income from which is chargeable to tax under F452 Part 2 of the Income Tax (Trading and Other Income) Act 2005 or Case I or II of Schedule D, disclosure under subsection (1) relating to that trade, profession or vocation shall be limited to information about the commencement or cessation of, and employed earners engaged in, that trade profession or vocation, but sufficient information may also be given to identify the persons concerned.
5
6
F965..., Information which is the subject of disclosure to any person by virtue of subsection (1) F281or (1A), F282. . . shall not be further disclosed to any other person, except where the further disclosure is made—
a
to a person to whom disclosure could by virtue of this section have been made by or under the authority of F661 the Commissioners for Her Majesty’s Revenue and Customs ; or
b
for the purposes of any civil or criminal proceedings in connection with the operation of this Act (except Chapter II of Part VII and sections 153 and 157); or
c
ca
for the purposes of Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 or any corresponding Great Britain legislation.. . .
F285d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5127
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2868
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6559
In this section “Revenue and Customs officials” has the meaning given by section 18 of the Commissioners for Revenue and Customs Act 2005 (confidentiality).
C36154AF287 Other disclosures by the Department.
C531
The Department may, in spite of any obligation as to secrecy or confidentiality imposed by statute or otherwise on the Department or on persons employed in it, disclose F483any regulated information to any person specified in the first column of the following Table if it considers that the disclosure would enable or assist the person to discharge the functions specified in relation to the person in the second column of the Table.
Persons | Functions |
|---|---|
F288. . . | F288. . . |
The Bank of England. | F289Any of its functions F653, apart from its functions as the Prudential Regulation Authority. |
F290The F912Financial Conduct Authority or the Prudential Regulation Authority | F291Functions under the legislation relating to friendly societies, under the Building Societies Act 1986, or under the Financial Services and Markets Act 2000. |
The Regulatory Authority. | Functions under this Act F942, the Pensions (Northern Ireland) Order 1995, the Welfare Reform and Pensions (Northern Ireland) Order 1999 or the Pensions (Northern Ireland) Order 2005 or any enactment in force in Great Britain corresponding to any of them. |
F659The Pensions Ombudsman. | Functions conferred by or by virtue of this Act or any enactment in force in Great Britain corresponding to it. |
The Board of the Pension Protection Fund. | Functions conferred by or by virtue of Part III of the Pensions (Northern Ireland) Order 2005 or any enactment in force in Great Britain corresponding to that Part. |
The Ombudsman for the Board of the Pension Protection Fund. | Functions conferred by or by virtue of Part III of the Pensions (Northern Ireland) Order 2005 or any enactment in force in Great Britain corresponding to that Part. |
F292A person appointed under— (a)section 167 of the Financial Services and Markets Act 2000 (b)subsection (3) or (5) of section 168 of that Act, or (c)section 284 of that Act,to conduct an investigation. | Functions in relation to that investigation. |
A body designated under section 326(1) of the Financial Services and Markets Act 2000. | Functions in its capacity as a body designated under that section. |
A recognised investment exchange F916, recognised clearing houseF672..., third country central counterparty, recognised CSD F1029... or third country CSD (as defined by section 285 of that Act). | Functions in its capacity as an exchange F1013, clearing houseF617, central securities depository or central counterparty. |
F288. . . | F288. . . |
F288. . . | F288. . . |
F288. . . | F288. . . |
F288. . . | F288. . .. |
F288. . . | F288. . . |
F288. . . | F288. . . |
F9241AA
In subsection (1) “regulated information” means information received by the Department in connection with its functions under—
a
this Act;
b
the Pensions (Northern Ireland) Order 1995, or
c
the Pensions (Northern Ireland) Order 2005 or the Pensions Act 2004,
other than information supplied to it under section 235(2) of, or paragraph 2 of Schedule 10 to, the Pensions Act 2004 (supply of information for retirement purposes etc.).
F2931A
The Inland Revenue may, in spite of any obligation as to secrecy or confidentiality imposed by statute or otherwise on them or on their officers, disclose any information received by them in connection with their functions under Part III of this Act to any person specified in the first column of the Table in subsection (1) if they consider that the disclosure would enable or assist the person to discharge the functions specified in relation to the person in the second column of the Table.
2
The Department may by order—
a
amend the Table in subsection (1) by—
i
adding any person exercising regulatory functions and specifying functions in relation to that person,
ii
removing any person for the time being specified in the Table, or
iii
altering the functions for the time being specified in the Table in relation to any person, or
b
restrict the circumstances in which, or impose conditions subject to which, disclosure is permitted in the case of any person for the time being specified in the Table.
Avoidance of certain transactions and provisions
C37C56C74C127155 Inalienability of guaranteed minimum pension F773....
1
Where—
a
a person is entitled or prospectively entitled to a guaranteed minimum pension under an occupational pension scheme F871...; and
b
his entitlement is in respect of his or another person’s service in employment which was contracted-out by reference to that scheme;
then—
i
every assignment of or charge on that pension F758..., and
ii
every agreement to assign or charge that pension F758...,
shall be void.
2
In subsection (1), the references to assignments of and agreements to assign a guaranteed minimum pension do not include references to any assignment of or agreement to assign a policy of insurance or annuity contract in accordance with conditions prescribed by regulations under section 15(4)(b).
3
Subsection (1) has effect whether or not the assignment, charge or agreement was made at a time when the employment was contracted-out employment or the scheme was a contracted-out scheme in relation to the employment.
F966C384
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C39F294F5424A
Where a person is entitled or prospectively entitled as is mentioned in subsection (1), no order shall be made by any court or the Enforcement of Judgments Office the effect of which would be that he would be restrained from receiving anything the assignment of which is or would be made void by that subsection.
4B
Subsection (4A) does not prevent the making of an attachment of earnings order under the Judgments Enforcement (Northern Ireland) Order 1981.
F4395
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
155AF295 No forfeiture on bankruptcy of rights under personal pension schemes.
1
A person’s rights under a personal pension scheme cannot be forfeited by reference to his bankruptcy.
2
For the purposes of this section—
a
a person shall be treated as having a right under a personal pension scheme where—
i
he is entitled to a credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (sharing of rights on divorce etc.F568or on dissolution etc. of a civil partnership ),
ii
he is so entitled as against the person responsible for the scheme (within the meaning of Chapter I of Part V of that Order), and
iii
the person so responsible has not discharged his liability in respect of the credit; and
b
forfeiture shall be taken to include any manner of deprivation or suspension.
156 Terms of contracts of service or schemes restricting choice to be void.
1
Subject to such exceptions as may be prescribed—
a
any term of a contract of service (whenever made) or any rule of a personal or occupational pension scheme to the effect that an employed earner must be a member—
i
of a personal or occupational pension scheme,
ii
of a particular personal occupational pension scheme, or
iii
of one or other of a number of particular personal or occupational pension schemes,
shall be void; and
b
any such term or rule to the effect that contributions shall be paid by or in respect of an employed earner—
i
to a particular personal or occupational pension scheme of which the earner is not a member, or
ii
to one or other of a number of personal or occupational pension schemes of none of which he is a member,
shall be unenforceable for so long as he is not a member of the scheme or any of the schemes.
2
Subsection (1) shall not be construed so as to have the effect that an employer is required, when he would not otherwise be—
a
to make contributions to a personal or occupational pension scheme; or
b
to increase an employed earner’s pay in lieu of making contributions to a personal or occupational pension scheme.
157 Provisions excluding Chapter II of Part VII to be void.
Any provision in an agreement (whether a F623worker's contract or not) shall be void in so far as it purports—
a
to exclude or limit the operation of any provision of Chapter II of Part VII; or
b
to preclude any person from presenting a complaint to, or bringing any proceedings before, an industrial tribunal under that Chapter.
158 Removal of restrictions on friendly societies’ pension business.
1
The Department may make such regulations as it thinks appropriate for enabling a registered society to conduct group insurance business with a view to the establishment of occupational pension schemes or personal pension schemes.
2
The power to make regulations under this section shall extend to enabling registered societies to conduct such business as is mentioned in subsection (1) freed from any restrictions of the relevant legislation as to the amounts which a member, or a person claiming through a member, is entitled to receive from any one or more societies or branches.
3
Regulations under this section may include such adaptations and modifications of the relevant legislation, and such other supplementary and incidental provisions, as the Department considers to be necessary or expedient for achieving the purposes referred to in subsection (1).
4
In this section—
a
“the relevant legislation” means the M32Friendly Societies Act 1974,
b
“registered society” has the same meaning as in that Act, and
c
“group insurance business” has the same meaning as in section 65A(2) of that Act.
159 Exemption of certain schemes from rule against perpetuities.
1
The rules of law relating to perpetuities shall not apply to the trusts of, or any disposition made under or for the purposes of a personal or occupational pension scheme at any time when this section applies to it.
2
This section applies to—
a
a public service pension scheme;
b
an occupational pension scheme which is a contracted-out scheme in relation to any employment;
F992c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
an occupational or personal pension scheme which satisfies prescribed requirements.
3
Subsection (1) applies whether the trusts or dispositions in question are created or made before or after this section first applies to the scheme, but this section does not validate with retrospective effect any trusts or dispositions which the rules of law relating to perpetuities (including, where applicable, section 3(1) of the M33Perpetuities Act (Northern Ireland) 1966 (“wait and see”)) already require to be treated as void before this section applies to the scheme.
4
Regulations under subsection (2)(d) may require a scheme—
a
to contain provisions in any prescribed form, or to any prescribed effect; or
F792b
to be a registered pension scheme under section 153 of the Finance Act 2004 or to be a scheme that may be expected to satisfy the conditions for registration.
F8685
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Regulations may include provision by which a scheme (other than a public service pension scheme) to which this section ceases to apply may nevertheless be treated as continuing to be a scheme to which it applies for a period of two years from its ceasing to be such a scheme, or for such longer period as the F296DepartmentF297considers to be reasonable in the case of a particular scheme.
7
If this section ceases to apply to a scheme, trusts created and dispositions made under it or for its purposes shall then again be subject to the rules of law relating to perpetuities as if this section had never applied to it.
8
Subsection (7) is without prejudice to any rights which vested while this section applied.
9
Regulations may provide for a scheme, whose fund was registered under the M34Superannuation and other Trust Funds (Validation) Act (Northern Ireland) 1928 immediately before the repeal of that Act took effect, to retain the benefit of that Act, subject to prescribed conditions and either indefinitely or for a prescribed period.
Special classes of earner
160 Crown employment.
1
Subject to subsection (3), the following provisions shall apply to persons employed by or under the Crown in like manner as if such persons were employed by a private person—
a
Chapter I of Part IV and the other provisions of this Act, so far as they relate to the preservation requirements;
F5252
A person who is employed by or under the Crown shall be treated as an employed earner for the purposes of—
F524a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
sections 39 and 41;
c
section 44, so far as it relates to minimum contributions;
d
sections 113, 150 and 151, and
e
sections 156 and 162.
3
So far as subsection (1) relates to the provisions within paragraph (b) of that subsection, it does not apply to a person who is serving as a member of Her Majesty’s forces.
4
Subject to subsections (3) and (5), a person who is serving as a member of Her Majesty’s forces shall, while he is so serving, be treated for the purposes of the provisions within subsection (1)(b) and those within subsection (2) (except for sections 150 and 162) as an employed earner in respect of his membership of those forces.
5
The Secretary of State may make regulations modifying sections 37, 38, 42(1), 43(2) and (5) and 44 in such manner as he thinks proper, in their application to persons who are or have been members of Her Majesty’s forces.
6
For the purposes of this section Her Majesty’s forces shall be taken to consist of such establishments and organisations as may be prescribed by regulations made by the Secretary of State, being establishments and organisations in which persons serve under the control of the Defence Council.
161 Application of certain provisions to cases with foreign element.
1
Regulations may modify the provisions mentioned in subsection (2) in such manner as the Department F300or, as the case may be, the Secretary of State thinks proper, in their application to any person who is, or has been, or is to be—
a
employed on board any ship, vessel, hovercraft or aircraft;
b
outside Northern Ireland at any prescribed time or in any prescribed circumstances; or
c
in prescribed employment in connection with continental shelf operations.
2
The provisions referred to in subsection (1) are—
a
b
sections 37 and 38, subsections (1), (6) and (7) of section 42 (and subsection (8) of that section so far as it has effect for the purposes of those subsections) and sections 43(2) and (5) and 44.
3
Subject to subsection (4), regulations under subsection (1) may in particular provide—
a
for any of those provisions to apply to any such person, notwithstanding that it would not otherwise apply;
b
for any such provision not to apply to any such person, notwithstanding that it would otherwise apply;
c
for excepting any such person from the application of any such provision where he neither is domiciled nor has a place of residence in any part of Northern Ireland;
d
for the taking of evidence, for the purposes of the determination of any question arising under any such provision, in a country or territory outside Northern Ireland, by a British consular official or such other person as may be determined in accordance with regulations.
4
Subsection (3)(b) does not apply as respects the application of the provisions mentioned in subsection (2)(b) and paragraphs (a), (c) and (d) of subsection (3) do not apply as respects the application of those provisions to such persons as are mentioned in subsection (1) (b) or (c).
5
Without prejudice to the generality of section 149(2)(c), regulations may modify Chapter I of Part IV in relation to schemes with any overseas element, that is to say, schemes established, or relating to employment, or with parties domiciled, resident or carrying on business, in any part of the world outside the United Kingdom, or otherwise not confined in their operation to the United Kingdom.
F7556
Chapter 2 of Part 7 and section 153 do not apply to employment where under his worker’s contract the worker ordinarily works outside the F668United Kingdom, but section 201 of the Employment Rights Act 1996 (power to extend employment protection legislation) applies to Chapter 2 of Part 7 and section 153 as it does to the provisions mentioned in that Act.
7
In this section—
“continental shelf operations” means any activities which, if paragraphs (a) and (d) of subsection (6) of section 23 of the M35Oil and Gas (Enterprise) Act 1982 (application of civil law to certain off-shore activities) were omitted, would nevertheless fall within subsection (2) of that section;
F925...
F302“regulations” means regulations made by the Department or, as the case may be, the Secretary of State and “prescribed” shall be construed accordingly.
Reciprocity with other countries
162 Reciprocity with other countries.
1
For the purpose of giving effect—
a
to any agreement with the government of a country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of this Act, or
b
to any such agreement as it would be if it were altered in accordance with proposals to alter it which, in consequence of any change in the law of Northern Ireland, the government of the United Kingdom has made to the other government in question,
the Secretary of State may by order make provision for modifying or adapting this Act in its application to cases affected by the agreement or proposed alterations.
2
An order made by virtue of subsection (1) may, instead of or in addition to making specific modifications or adaptations, provide generally that this Act shall be modified to such extent as may be required to give effect to the provisions contained in the agreement or, as the case may be, alterations in question.
3
The modifications of this Act which may be made by virtue of subsection (1) include provision—
a
for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made have a corresponding effect for the purposes of this Act (but not so as to confer a right to a double benefit);
b
for determining in cases where rights accrue both under this Act and under the law of that country, which of those rights is to be available to the person concerned; and
c
for making any necessary financial adjustments.
4
An order made by virtue of subsection (1) which modifies or adapts any of the provisions referred to in section 160 may, in particular, provide for the Department to make payments for any period beginning on or after 6th April 1987 and may make provision with respect to any matters relating to payments so made.
5
Application of provisions relating to social security administration
163 Application of general provisions relating to administration of social security.
1
The M36Social Security Administration (Northern Ireland) Act 1992 shall apply as if references to that Act in the provisions mentioned in subsection (2) included references to the provisions referred to in section 160(1)(b) of this Act (in this section referred to as “the relevant provisions”).
2
The provisions referred to in subsection (1) are the following provisions of the Social Security Administration (Northern Ireland) Act 1992—
section 110 (legal proceedings)
section 118 (regulations as to notification of deaths)
F305. . .
section 156 (payment of travelling expenses by the Department).
F306section 156A (payment of travelling expenses by Inland Revenue).
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3074
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Section 120 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (treatment of certain marriages) shall apply to the relevant provisions.
General provisions as to offences
C40164F308 Breach of regulations.
1
Regulations under any provision of this Act (other than Chapter II of Part VII) may make such provision as is referred to in subsection (2) or (4) for the contravention of any provision contained in regulations made or having effect as if made under any provision of this Act.
2
The regulations may provide for the contravention to be an offence under this Act and for the recovery on summary conviction of a fine not exceeding level 5 on the standard scale.
3
An offence under any provision of the regulations may be charged by reference to any day or longer period of time; and a person may be convicted of a second or subsequent offence under such a provision by reference to any period of time following the preceding conviction of the offence.
4
The regulations may provide for a person who has contravened the provision F643to be required by notice in writing to pay to the Regulatory Authority, within a prescribed period, a penalty not exceeding an amount specified in the regulations; and the regulations must specify different amounts in the case of individuals from those specified in other cases and any amount so specified may not exceed the amount for the time being specified in the case of individuals or, as the case may be, others in Article 10(2)(a) of the Pensions (Northern Ireland) Order 1995.
5
Regulations made by virtue of subsection (4) do not affect the amount of any penalty recoverable under that subsection by reason of an act or omission occurring before the regulations are made.
6
Where—
a
apart from this subsection, a penalty under subsection (4) is recoverable from a body corporate by reason of any act or omission of the body as a trustee of a trust scheme, and
b
the act or omission was done with the consent or connivance of, or is attributable to any neglect on the part of, any persons mentioned in subsection (7),
such a penalty is recoverable from each of those persons who consented to or connived in the act or omission or to whose neglect the act or omission was attributable.
7
The persons referred to in subsection (6)(b) are—
a
any director, manager, secretary, or other similar officer of the body corporate, or a person purporting to act in any such capacity, and
b
where the affairs of the body corporate are managed by its members, any member in connection with his functions of management.
8
Where the Regulatory Authority require any person to pay a penalty by virtue of subsection (6), they may not also require the body corporate in question to pay a penalty in respect of the same act or omission.
9
A penalty under subsection (4) is recoverable by the Authority and any such penalty recovered by the Authority must be paid to the Department.
10
Where by reason of the contravention of any provision contained in regulations made, or having effect as if made, under this Act—
a
a person is convicted of an offence under this Act, or
b
a person pays a penalty under subsection (4),
then, in respect of that contravention, he shall not, in a case within paragraph (a), be liable to pay such a penalty or, in a case within paragraph (a), be liable to pay such a penalty or, in a case within paragraph (b), be convicted of such an offence.
F30911
In this section “regulations” means regulations made by the Department or, as the case may be, the Secretary of State and “prescribed” shall be construed accordingly.
F716164AF310 Offence in connection with the Registrar.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General provisions as to determinations and appeals
165F816Decisions and appeals.
C411
Article 4 (use of computers) of the Social Security (Northern Ireland) Order 1998 (“the 1998 Order”) applies as if, for the purposes of paragraph (1) of that Article, this Act were a relevant statutory provision.
F3112
It shall be for an officer of the Inland Revenue—
a
to make any decision that falls to be made under or by virtue of Part III of this Act, other than a decision which under or by virtue of that Part falls to be made by the Department;
b
to decide any issue arising in connection with payments under Article 9 of the Social Security (Northern Ireland) Order 1986 F312 (occupational pension schemes becoming contracted-out between 1986 and 1993); and
c
3
In the following provisions of this section a “relevant decision” means any decision which under subsection (2) falls to be made by an officer of the Inland Revenue, other than a decision under section 49 F991....
4
Articles 10 and 11 of the 1998 Order (revision of decisions and decisions superseding earlier decisions) apply as if—
a
any reference in those Articles to a decision of the Department under Article 9 of that Order included a reference to a relevant decision; and
b
any other reference in those Articles to the Department were, in relation to a relevant decision, a reference to an officer of the Inland Revenue.
5
Regulations may make provision—
F315a
generally with respect to the making of relevant decisions;
b
with respect to the procedure to be adopted on any application made under Article 10 or 11 of the 1998 Order by virtue of subsection (4); and
c
generally with respect to such applications, revisions under Article 10 and decisions under Article 11;
but may not prevent F316a revision under Article 10 or decision under Article 11 being made without such an application.
6
Article 13 of the 1998 Order (appeal to appeal tribunal) applies as if, for the purposes of paragraph (1)(b) of that Article, a relevant decision were a decision of the Department falling within Schedule 3 to the 1998 Order.
7
The following provisions (which relate to decisions and appeals)—
section 22 of, and Schedule 2 to, the Social Security Administration (Northern Ireland) Act 1992,
Articles 14 to 18 of the 1998 Order,
Articles 25 and 26 of that Order,
Article 28 of that Order,
Schedule 4 to that Order,
shall apply in relation to any appeal under Article 13 of the 1998 Order by virtue of subsection (6) as if any reference to the Department were a reference to an officer of the Inland Revenue.
166 Questions arising in proceedings.
C421
Where in any proceedings—
a
for an offence under this Act; F729...
F729b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F317any relevant decision as defined by section 165(3) is made by the Inland Revenue, the decision shall be conclusive for the purpose of the proceedings.
F3182
If—
a
any such decision is necessary for the determination of the proceedings, and
b
the decision of the Inland Revenue has not been obtained or an application with respect to the decision has been made under Article 8 or 9 of the Social Security (Northern Ireland) Order 1998,
the decision shall be referred to the Inland Revenue to be made in accordance (subject to any necessary modifications) with Chapter II of Part II of that Order.
3
Subsection (1) does not apply where, in relation to the decision—
a
an appeal has been brought but not determined,
b
an application for leave to appeal has been made but not determined,
c
an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired, or
d
an application has been made under Article 8 or 9 of that Order.
4
In a case falling within subsection (3) the court shall adjourn the proceedings until such time as the final decision is known and that decision shall be conclusive for the purposes of the proceedings.
166AF319 Reports by Inland Revenue.
1
The Inland Revenue shall prepare, either annually or at such times or intervals as may be prescribed, a report on the standards achieved by their officers in the making of decisions against which, by virtue of section 165(6), an appeal lies to an appeal tribunal constituted under Chapter I of Part II of the Social Security (Northern Ireland) Order 1998.
2
Any report under this section—
a
may be included in any annual report by the Inland Revenue of which a copy is laid before each House of Parliament, or
b
may be annexed to any report of the Secretary of State under section 81 of the Social Security Act 1998 F320.
3
A copy of every report under this section shall be laid before each House of Parliament unless the report is included in, or annexed to, a report of which a copy is so laid.
F321167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F322168
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial provisions
169F793Grants to advisory bodies etc.
1
The F323Regulatory Authority may make grants on such terms and conditions as they think fit to any person providing advice or assistance, or carrying out other prescribed functions, in connection with occupational or personal pensions.
2
The Department may pay the F323Regulatory Authority such sums as the Department may think fit towards any expenditure of theirs in making grants under this section.
F9613
The Department may make grants on such terms and conditions as the Department thinks fit to any person or body of persons providing advice or assistance, or carrying out other prescribed functions, in connection with occupational or personal pensions.
C69170F324 Levies towards certain expenditure.
1
For the purpose of meeting expenditure—
F968a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
under Part X and section 169, F446...
F957c
of the Regulatory Authority (including the establishment of the Authority under the Pensions Act 2004), F687...
d
e
under section 11 of the Financial Guidance and Claims Act 2018 (financial assistance from Secretary of State) relating to the F985Money and Pensions Service’s pensions guidance function (see section 3 of that Act),
regulations may make provision for imposing levies in respect of prescribed occupational or prescribed personal pension schemes.
2
Any levy imposed under subsection (1) is payable to the Department by or on behalf of—
a
the administrators of any prescribed public service pension scheme,
b
the trustees or managers of any other prescribed occupational or prescribed personal pension scheme, or
c
any other prescribed person,
at prescribed rates and at prescribed times.
3
Regulations made by virtue of subsection (1)—
a
in determining the amount of any levy in respect of the Regulatory Authority, must take account (among other things) of F613...
F613i
any amounts paid to the Department under section 164(4) of this Act or Article 10 of the Pensions (Northern Ireland) Order 1995 (civil penalties), and
ii
any fees paid to the Regulatory Authority under paragraph 25 of Schedule 1 to the Pensions Act 2004 (fees for applications), and
b
in determining the amount of expenditure in respect of which any levy is to be imposed, may take one year with another and, accordingly, may have regard to expenditure estimated to be incurred in current or future periods and to actual expenditure incurred in previous periods (including periods ending before the coming into operation of this subsection).
F636C434
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F636C435
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F636C436
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F636C437
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C72C43F9438
An amount payable by a person on account of a levy imposed under this section shall be a debt due from him to the Department, and an amount so payable shall be recoverable by the Department accordingly or, if the Department so determines, by the Regulatory Authority on its behalf.
C439
Without prejudice to the generality of F583subsection (1), regulations under this section may include provision relating to—
a
the collection and recovery of amounts payable by way of levy under this section, or
b
the circumstances in which any such amount may be waived.
171 Fees for official services to schemes.
Where at the request of the trustees or managers of an occupational pension scheme or a personal pension scheme or of any employer of earners who are members of such a scheme, official services are provided in connection with the operation or administration of the scheme F325by the Department, the Department may require the payment of fees for the provision of those services.
172 General financial arrangements.
1
There shall be paid out of the National Insurance Fund—
F326za
a
minimum contributions paid by the F329Inland Revenue under section 39;
b
payments by F330the Department under section 120.
2
Subject to subsection (3), there shall be paid out of the National Insurance Fund into the Consolidated Fund—
a
sums equal to the amount of any expenses incurred by the Department (or by persons acting on its behalf) in exercising its functions under Chapter II of Part VII and section 153;
3
The sums payable under subsection (2)(b)—
a
shall be estimated in accordance with any directions given by the Department of Finance and Personnel and (except in the case of functions relating to minimum contributions) shall exclude such categories of expenses as that Department may direct, or any enactment may require, to be so excluded; and
b
shall be payable at such times and in such manner as the Department of Finance and Personnel may direct.
F3333A
There shall be paid out of the National Insurance Fund into the Consolidated Fund of the United Kingdom—
a
such sums as the Inland Revenue may estimate to be the amount of their administrative expenses in exercising their functions under Part III; and
b
such sums as the Secretary of State may estimate to be to the amount of his administrative expenses in exercising his functions under this Act.
4
Subject to subsection (5), there shall be paid into the Consolidated Fund any sum recovered by the Department under the provisions within subsection (2)(b)(ii).
5
So far as any such sum relates to a payment out of the National Insurance Fund, it shall be paid into that Fund.
6
There shall be paid into the Consolidated Fund of the United Kingdom—
F334a
subject to subsection (5), so far as it relates to payments out of money provided by Parliament, any sum recovered by the Inland Revenue under the provisions within subsection (2)(b)(ii); and
F886b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
There shall also be paid into the National Insurance Fund—
a
sums recovered under section F335section 37(1E), 38A(2D) or (5) or 39(5) or (6);
F336b
. . .
c
any sum recovered by the Department in exercising any right or pursuing any remedy which is the Department’s by virtue of section 123; and
d
any sums received by F337the Inland Revenue by way of such payments as are mentioned in paragraph 5(4) of Schedule 1.
F3388
Subject to the foregoing provisions of this section, all expenses incurred by the Secretary of State or the Inland Revenue shall be paid out of money provided by Parliament, except so far as they may be required by any enactment to be paid or borne in any other way.
Part XII Supplementary Provisions
Interpretation
173 Managers of schemes.
The Department may by regulations F339provide—
a
who is to be treated as a manager of an occupational pension scheme for any o f the purposes of the provisions of this Act (except Chapter II of Part VII or section 153), the Social Security Acts (Northern Ireland) 1975 to 1991, F340. . . Part VI of the M37Social Security Administration (Northern Ireland) Act 1992 F342F341. . .F441. . . F343, Article 27D of the Matrimonial Causes (Northern Ireland) Order 1978 F344Part IV or V of the Welfare Reform and Pensions (Northern Ireland) Order 1999 F1008...
F345or
b
who is be treated as a trustee of a scheme for the purposes of Chapter I of Part IV, Chapter I of Part IVA, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections 149(2), 154(1) to (5), 158, 159 and 171 F346or articles 22 F490to 26 of the Pensions (Northern Ireland) Order 1995.
C47174 Linked qualifying service.
1
Subject to subsections (2) to (4), for the purposes of this Act any period of an earner’s service in an employment is linked qualifying service in relation to a later period of service (whether in the same or another employment) if—
a
under F796F875Chapter 1 or 2 of Part 4ZA or under the rules of a scheme applying to him in the earlier period of service—
F559i
there was made a transfer of his rights (including any transfer credits allowed) under that scheme, or a transfer payment in respect of those rights, to, or to the trustees or managers of, another scheme applying to him in the later period of service;
ii
those rights were secured by a policy of insurance or an annuity contract and were subsequently transferred to another scheme applying to him in the later period of service; F907or
b
in consequence of the transfer of his accrued rights to the second scheme, F614or the payment to the trustees or managers of that scheme, there are (or were) allowed to him transfer credits under the rules of that other scheme.
2
For any service to be taken into account as linked qualifying service, it must be actual service and no regard shall be had to any scheme rule which provides for service to be treated for any purposes of benefit or otherwise as longer or shorter than it actually was.
3
Only so much of the earlier period as is a period of service in respect of which there accrued under the first scheme any of the rights transferred to the second scheme shall be linked qualifying service in relation to the later period of service.
4
For the purposes of Chapter I of Part IV, as respects any case where the rules of the scheme provide—
a
that an earner is not entitled to become a member unless he satisfies specified conditions, but
b
that, if he becomes a member, rights are to accrue to him in respect of periods of service before he satisfied any such conditions,
regulations may provide for any such periods to be treated, in such cases and to such extent as may be prescribed, as linked qualifying service with later periods of service.
175 Normal pension age.
1
In this Act “normal pension age”, in relation to a scheme and a member’s pensionable service under it, means—
a
in a case where the scheme provides for the member only a guaranteed minimum pension, the earliest age at which the member is entitled to receive the guaranteed minimum pension on retirement from any employment to which the scheme applies; and
b
in any other case, the earliest age at which the member is entitled to receive benefits (other than a guaranteed minimum pension) on his retirement from such employment.
2
For the purposes of subsection (1) any scheme rule making special provision as to early retirement on grounds of ill-health or otherwise is to be disregarded.
175AF347 Insurer and long-term insurance business
1
In this Act “insurer” means—
a
F805b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In this Act “long term insurance business” means business which consists of the effecting or carrying out of contracts of long-term insurance.
3
This section must be read with—
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
176 General interpretation.
C63C1001
In this Act—
F348...
F914...
“age”, in relation to any person, shall be construed so that—
- a
he is over or under a particular age if he has or, as the case may be, has not attained that age;
- b
he is between two particular ages if he has attained the first but not the second;
- a
F670“appropriate scheme” and “appropriate scheme certificate” are to be construed in accordance with F976section 3B;
“the Assembly” means the Northern Ireland Assembly;
F349...
“Category A retirement pension” and “Category B retirement pension” mean the retirement pensions of those descriptions payable under Part II of the M38Social Security Contributions and Benefits (Northern Ireland) Act 1992;
F596“civil recovery order” means an order under section 266 of the Proceeds of Crime Act 2002 or an order under section 276 imposing the requirement mentioned in section 277(3).
F693“collective money purchase benefit” has the meaning given by section 52 of the Pension Schemes Act 2021;
“contract of service” has the same meaning as in section 121(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“contracted-out employment” shall be construed in accordance with section 4;
F350...
“contracting-out certificate” and references to a contracted-out scheme and to contracting-out shall be construed in accordance with F547section 3B;
“contributions equivalent premium” F590means a premium that was paid under section F35151(2);
“the Department” means the Department of Health and Social Services for Northern Ireland;
“the Department of Finance and Personnel” means the Department of Finance and Personnel in Northern Ireland;
“earner” and “earnings” shall be construed in accordance with F789section 4(1B) of this Act and sections 3, 4 and 112 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“earnings factors” shall be construed in accordance with sections 22 and 23 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
F492...
F492...
F352“employed earner” and “self-employed earner” have the meanings given by section 2 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“employee” means a person gainfully employed in Northern Ireland either under a contract of service or in an office (including an elective office) with F507 earnings;
“employer” means—
- a
in the case of an employed earner employed under a contract of service, his employer;
- b
in the case of an employed earner employed in an office with emoluments—
- i
such person as may be prescribed in relation to that office; or
- ii
if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of the office;
- a
“employment” includes any trade, business, profession, office or vocation and “employed” shall be construed accordingly except in the expression “employed earner”;
F440“Financial Services Compensation Scheme” means the Financial Services Compensation Scheme referred to in section 213(2) of the Financial Services and Markets Act 2000;
F598“the first abolition date” has the meaning given by section 3A;
F689...
F353...
“government department” includes a department of the government of the United Kingdom;
“guaranteed minimum pension” has the meaning given in section 4(2);
F956“HMRC” means the Commissioners for Her Majesty's Revenue and Customs;
“independent trade union” has the meaning given in Article 2(2) of the M39Industrial Relations (Northern Ireland) Order 1992;
“industrial tribunal” means a tribunal established or having effect as if established under F354Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996;
“the Inland Revenue” means the Commissioners of Inland Revenue;
F355...
F356...
“linked qualifying service” has the meaning given in section 174;
“long-term benefit” has the meaning given in section 20(2) of the M40Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“lower earnings limit” and “upper earnings limit” shall be construed in accordance with section 5 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and “current”, in relation to those limits, means for the time being in force;
“minimum contributions” shall be construed in accordance with sections 39 to 41;
“minimum payment” has the meaning given in section 4(2);
“modifications” includes additions, omissions and amendments;
“money purchase benefits”, in relation to a member of a personal or occupational pension scheme or the F860widow, widower or surviving civil partner of a member of such a scheme, F658means—
F862“money purchase contracted-out scheme” is to be construed in accordance with F817section 3B;
F357“money purchase scheme” means a pension scheme under which all the benefits that may be provided are money purchase benefits;
“National Insurance Fund” means the Northern Ireland National Insurance Fund;
“normal pension age” has the meaning given in section 175;
“occupational pension scheme” has the meaning given in section 1;
F358“overseas arrangement” means a scheme or arrangement which—
- a
has effect, or is capable of having effect, so as to provide benefits on termination of employment or on death or retirement to or in respect of earners;
- b
is administered wholly or primarily outside Northern Ireland;
- c
is not an appropriate scheme; and
- d
is not an occupational pension scheme;
- a
F359“pension credit” means a credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;
F361“pension debit” means a debit under Article 26(1)(a) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;
F360“pensionable age”—
- a
so far as any provisions (other than sections 42 to 44) relate to guaranteed minimum pensions, means the age of 65 in the case of a man and the age of 60 in the case of a woman, and
- b
in any other case, has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995;
- c
“pensionable service” has the meaning given in section 66(2);
- a
F1035...
F362...
“personal pension scheme” has the meaning given in section 1;
“prescribe” means prescribe by regulations;
F363...
“the preservation requirements” has the meaning given in section 65(2);
“primary Class 1 contributions” and “secondary Class 1 contributions” have the same meanings as in section 6 of the M41Social Security Contributions and Benefits (Northern Ireland) Act 1992;
F576“the principal appointed day” means 6 April 1997 (which is the day designated as the principal appointed day for the purposes of Part 4 of the Pensions (Northern Ireland) Order 1995);
“protected rights” has the meaning given in section 6 F634, as it had effect immediately prior to the abolition date;
“public service pension scheme” has the meaning given in section 1;
F901...
F901...
“regulations” means regulations made by the Department under this Act;
“ the Regulatory Authority” F883means the Pensions Regulator;
“resources”, in relation to an occupational pension scheme, means the funds out of which the benefits provided by the scheme are payable from time to time, including the proceeds of any policy of insurance taken out, or annuity contract entered into, for the purposes of the scheme;
“rights”, in relation to accrued rights (within the meaning of section 69 F364... or 174) or transfer credits, includes rights to benefit and also options to have benefits paid in a particular form or at a particular time;
F870...
F1034...
F598“salary related contracted-out scheme” is to be construed in accordance with section 3B;
F598“the second abolition date” has the meaning given by section 3A;
“short service benefit” has the meaning given in section 67(2);
F365...
F587...
“tax week” means one of the successive periods in a tax year beginning with the first day of that year and every seventh day thereafter, the last day of a tax year (or, in a leap year, the last two days) being treated accordingly as a separate tax week;
“tax year” means the 12 months beginning with 6th April in any year;
“transfer credits” means rights allowed to an earner under the rules of an occupational pension scheme by reference to F880—
- a
a transfer to the scheme of, or transfer payment to the trustees or managers of the scheme in respect of, any of his rights (including transfer credits allowed) under another occupational pension scheme or a personal pension scheme, other than rights attributable (directly or indirectly) to a pension credit, or
- b
a cash transfer sum paid under F813Chapter 2 of Part 4ZA in respect of him, to the trustees or managers of the scheme;
- a
F750“the upper accrual point” has the meaning given by section 121 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
F366...
F901...
“week” means a period of seven days beginning with Sunday;
F712“working life” , in relation to a person, means the period beginning with the tax year in which the person attains the age of 16 and ending with —
- a
the tax year before the one in which the person attains the age of 65 in the case of a man or 60 in the case of a woman, or
- b
if earlier, the tax year before the one in which the person dies.
- a
2
References to employers in the provisions of this Act (other than sections 119 to 123, 153 F367and 156 (“the excluded provisions”)) are to be treated, in relation to persons within the application of an occupational pension scheme and qualifying or prospectively qualifying for its benefits, as including references to persons who in relation to them and their employment are treated by regulations as being employers for the purposes of those provisions.
3
Subject to any such regulations, references to an employer in any of the provisions of this Act (other than the excluded provisions or F565... Chapter I of Part IV, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections F368... 149(2), 154(1) to (5), 158, 159 F369... and 171) shall, in relation to an earner employed in an office with emoluments, be construed as references to—
a
such person as may be prescribed in relation to that office; or
b
if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of that office.
4
Regulations may for any purpose of any provision of this Act (other than the excluded provisions or section F751... F537... F609... F463... 39, F705... 107, 156, 160 or 161) prescribe the persons who are to be regarded as members or prospective members of an occupational pension scheme and as to the times at which and the circumstances in which a person is to be treated as becoming, or as ceasing to be, a member or prospective member.
5
In sections 161 and 162—
a
references to the United Kingdom include references to the territorial waters of the United Kingdom; and
b
references to Northern Ireland include references to the territorial waters of the United Kingdom adjacent to Northern Ireland.
6
Any reference in section 180 or 181 to an order or regulations under this Act includes a reference to an order or regulations made under any provision of an enactment passed after this Act and directed to be construed as one with it; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and shall be without prejudice to the generality of any such direction.
7
The M42Interpretation Act (Northern Ireland) 1954 shall apply to this Act—
a
as it applies to a Measure of the Assembly;
b
as if any reference in that Act to an enactment or an Act included a reference to this Act.
8
For the purposes of Part III of the M43Northern Ireland Constitution Act 1973 (validity of Measures of the Assembly, including Orders in Council under the M44Northern Ireland Act 1974), provisions of this Act which re-enact provisions of such an Order are to be treated as provisions of such an Order.
F539176AInterpretation of references to money purchase contracted-out schemes or appropriate schemes after abolition date
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
176BF1031Money purchase benefits: supplementary
1
This section applies for the purposes of F922paragraph (a) of the definition of “money purchase benefits” in section 176(1).
2
A benefit other than a pension in payment falls within this section if its rate or amount is calculated solely by reference to assets which (because of the nature of the calculation) must necessarily suffice for the purpose of its provision to or in respect of the member.
3
A benefit which is a pension in payment falls within this section if—
a
its provision to or in respect of the member is secured by an annuity contract or insurance policy made or taken out with an insurer, and
b
at all times before coming into payment the pension was a benefit falling within this section by virtue of subsection (2).
4
For the purposes of subsection (2) it is immaterial if the calculation of the rate or amount of the benefit includes deductions for administrative expenses or commission.
5
In this section references to a pension do not include income withdrawal or dependants’ income withdrawal (within the meaning of paragraphs 7 and 21 of Schedule 28 to the Finance Act 2004).
Subordinate legislation, etc.
177 Orders and regulations (general provisions).
1
F370Subject to subsection (7) Any power under this Act to make regulations or orders (except a power of F371. . . the court to make orders F372. . .) and the powers to make rules under sections 145(2) and 148(1) shall be exercisable by statutory rule for the purposes of the M45Statutory Rules (Northern Ireland) Order 1979.
C442
Where a power conferred by this Act is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.
C443
Any power to make regulations or an order for the purposes of any one provision of this Act shall be without prejudice to any power to make regulations or an order for the purposes of any other provision.
C444
Any power conferred by this Act to make regulations or an order shall include power to make such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order.
5
Subsection (4) has effect—
a
in its application to regulations and orders made under the following provisions, namely Chapter I of Part IV, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections F373. . . 149(2), 154(1) to (5), 158, 159 F374. . . and 171, with the omission of the words “consequential or transitional”; and
b
in its application to orders made under section 149(8), with the omission of the word “consequential”.
C446
Any power conferred on the Department by this Act to make any regulations or order (except F684regulations under section 109B or an order under section 149(8)), where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel, shall if that Department so directs be exercisable only in conjunction with it.
7
F375Any power conferred on the Secretary of State to make regulations or orders (other than an order under section 162) is exercisable by statutory instrument, and subsections (2) to (4) and section 178(1) apply to regulations or orders made in exercise of any such power of the Secretary of State as they apply to regulations made by the Department.
8
178 Sub-delegation.
1
Without prejudice to any specific provisions in this Act, a power conferred by this Act to make regulations or an order (other than regulations and orders made under Chapter I of Part IV, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections 132 to 134, 135(2) and (3), 136, 137, 138(1) to (4), 139, 149(2), 154(1) to (5), 158, 159 F379. . . and 171) includes power to provide for a person to exercise a discretion in dealing with any matter.
F3802
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Regulations under sections F560... 59(2) F381and 93(1) F842, 97AF(1) and 97I may provide that the values there mentioned shall be calculated and verified F382. . .—
a
in such manner as may, in the particular case, be approved—
i
by a prescribed person;
ii
by a person with prescribed professional qualifications or experience; or
iii
by a person approved by the Department; or
b
in accordance with guidance prepared F383and revised by a prescribed body;
F384. . .
F385179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
180 Consultations about other regulations.
1
F7621A
“The appropriate regulator” means—
a
where the group insurance business to which the regulations relate consists only of activities which are PRA-regulated activities, the Prudential Regulation Authority,
b
where the group insurance business to which the regulations relate consists partly of activities which are PRA-regulated activities and partly of other regulated activities, the Prudential Regulation Authority and the Financial Conduct Authority, or
c
in any other case, the Financial Conduct Authority.
1B
In subsection (1A) “regulated activities” and “PRA-regulated activities” have the same meaning as in the Financial Services and Markets Act 2000.
F4472
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
181 Assembly, etc. control of regulations and orders.
1
The regulations and orders to which this subsection applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations or order, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations or a new order) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have, or the order has, been approved by a resolution of the Assembly.
2
3
Subsection (1) does not apply to—
a
regulations under any provision mentioned in subsection (2) which are to be made for the purpose of consolidating regulations thereby revoked;
b
regulations which, in so far as they are made under any provision mentioned in subsection (2), only replace provisions of previous regulations with new provisions to the same effect.
4
Subject to subsection (6), all regulations and orders made by the Department under this Act (other than regulations or orders to which subsection (1) applies and orders made under section 186) F523and regulations made by the Department of Finance and Personnel under section 91 or 93B shall be subject to negative resolution.
5
This subsection applies to any regulations or order made under this Act which—
a
but for subsection (6), would be subject to negative resolution, and
b
are or is contained in a statutory rule which includes any regulations or order subject to the confirmatory procedure.
6
Any regulations or order to which subsection (5) applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.
7
Subject to subsection (9), regulations made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
8
This subsection applies to any regulations made under this Act which—
a
but for subsection (9), would be subject to annulment in pursuance of a resolution of either House of Parliament, and
b
are contained in an instrument which is subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament.
9
Any regulations to which subsection (8) applies shall not be subject as mentioned in subsection (8)(a), but shall be subject to the procedure described in subsection (8)(b).
F3889A
A statutory instrument containing provision under section 38, 38B or 41A shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
10
In this section “the confirmatory procedure” means the procedure described in subsection (1).
Supplemental provisions
I1182 Repeals.
1
The enactments specified in Parts I and II of Schedule 4 are repealed to the extent specified in the third column.
2
The subordinate legislation specified in Part III of that Schedule is revoked to the extent specified in the third column.
3
The repeals and revocations have effect subject to any relevant savings in Schedule 5.
183 Transitional provisions and savings.
1
Schedule 5 (which makes transitional provision and contains savings in connection with the repeals and revocations made by this Act) shall have effect.
2
Nothing in that Schedule affects the operation of section 28 of the M46Interpretation Act (Northern Ireland) 1954 (general savings implied on repeal).
I2184 Prospective and c183.onsequential amendments.
Schedule 6 (which re-enacts or makes consequential amendments of provisions which make prospective amendments of enactments including those repealed by this Act, so that the re-enacted or amended provisions prospectively amend this Act and other enactments) and Schedule 7 (which makes other consequential amendments) shall have effect, subject to any relevant transitional provisions in Schedule 5.
185 Transitory modifications.
Schedule 8 (which makes transitory modifications of this Act pending the commencement of the provisions there mentioned) shall have effect.
186 Short title, commencement and extent.
1
This Act may be cited as the Pension Schemes (Northern Ireland) Act 1993.
P12
Subject to the provisions of Schedule 8, this Act shall come into operation on such day as the Department may by order appoint.
3
As respects the coming into operation of—
a
Part II of Schedule 4 and section 182(1) so far as it relates to it; or
b
Schedule 6 and section 184 so far as it relates to it,
an order under subsection (2) may appoint different days from the day appointed for the other provisions of this Act or different days for different purposes.
4
Subject to subsection (5), this Act extends to Northern Ireland only.
5
SCHEDULES
C123SCHEDULE 1 Certification Regulations
Sch. 1 applied (6.4.2016) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(b), 35(1)
C123Part I Occupational Pension Schemes
General regulations: beginning and ending of employment
1
F8521
In relation to employments which are or at any time have been contracted-out employments, and to the operation of schemes by reference to which employments are or have been contracted-out, regulations may make provision generally as to the circumstances in which an earner’s employment is or is not to be treated as having begun, or as having come to an end and, in particular, as to the matters mentioned in sub-paragraphs (2) to (4).
2
Regulations may make provision for treating an earner’s employment which ends before a person succeeds to the business of the earner’s employer as having been employment under the employer’s successor.
3
Regulations may make provision—
a
for changes in an earner’s employment due to the death of an employer or another cause, or any cesser of contracted-out employment so due, to be disregarded; or
b
for employment under one employer to be treated as a continuation of that under another and any contracting-out certificate issued to, or election made by, the former employer to be treated as issued to or made by the latter.
4
Regulations may also make provision—
a
for temporary interruptions in an earner’s employment or contracted-out employment to be disregarded; and
b
for the employment in either case to be treated as continuing during the interruption.
5
References in this paragraph to an earner’s employment beginning or ending shall include references to his employment becoming or ceasing to be contracted-out employment.
2
F8521
Subject to sub-paragraph (2), regulations may enable the F389Inland Revenue to determine in prescribed circumstances that an earner, or any group of earners whose employment falls within a particular category or description of contracted-out employments, has been in such employment from a date (“the determined date”) earlier than would otherwise be the case.
2
The determined date for any earner may not be earlier than—
a
the date on which his relevant employment began, or
b
the date on which a contracting-out certificate was issued in respect of it,
whichever is the later.
3
F852Provision may be made by regulations for requiring an employer to give notice to the F390Inland Revenue—
a
when an earner’s employment becomes or ceases to be contracted-out employment; and
b
when an earner’s employment in contracted-out employment begins or ends.
Power to modify Part III, etc.
4
F8521
Regulations may modify the provisions of Part III (other than sections 14, 15 F391. . . F732, 63 and 64), Chapter III of Part IV and Chapter II of Part V (except, so far as they relate to personal pension schemes, the members of such schemes or rights in respect of them) in their application to cases in which—
a
a person is employed at the same time in two or more employments (whether or not under the same employer); and
b
at least one but not all of those employments is contracted-out employment,
with a view to enabling the employments to be treated either separately or together for the purposes of those provisions.
2
Regulations may also modify those provisions in their application to cases in which—
a
any description of benefit under a scheme is subject to a limit (however imposed) operating so as to prevent service beyond a particular length from qualifying for further benefits; or
b
earners qualify for the benefits of a scheme by reference to both—
i
service in employment which is contracted-out in relation to them by reference to the scheme; and
ii
service in the same employment or another employment (whether or not contracted-out employment) before the scheme was contracted-out in relation to them or their employment.
3
Regulations under this paragraph may include provision for securing that in the cases to which they apply an earner’s employment F392which, apart from the regulations, would not be contracted-out employment is treated as contracted-out employment where any benefits provided under the scheme are attributable to a period when the scheme was contracted-out.
F3934
In this paragraph “regulations” means regulations made by the Department or, as the case may be, the Secretary of State.
Schemes covering different employers
6
F10061
Regulations may modify Chapters I and III of Part III (other than sections 4, 14, 15, 31 to 35 F840, 63 and 64), Chapter III of Part IV and Chapter II of Part V (except so far as they relate to personal pension schemes, the members of such schemes or rights in respect of them) in their application to employments in the case of which earners under different employers qualify by virtue of their respective service in those employments for the benefits of the same occupational pension scheme.
2
Regulations under this paragraph may provide for the adjustment of rights and liabilities as between employers, earners and the trustees or managers.
Special provisions for certain public service pension schemes
7
F10061
In relation to employments of any class to which this paragraph applies, the F404the Department, or as the case may be, the Secretary of State may by regulations—
a
direct that elections with a view to the issue, variation or surrender of contracting-out certificates shall be made and revoked by F405the Inland Revenue instead of by the employer;
b
make provision for other things which by or under the provisions mentioned in paragraph 4(1) are required or authorised to be done by or to an employer to be done instead by or to F405the Inland Revenue;
c
make provision for treating any employments of the class in question as employments under a single employer different from the employer in any other employment;
d
make provision for the recovery by F405the Inland Revenue of any state scheme premium from any person where it has been paid by that department instead of by that person.
2
Subject to sub-paragraphs (3) and (4), the employments in which a person’s service qualifies him for benefit under any of Articles 9 to 12 of the M50Superannuation (Northern Ireland) Order 1972 shall constitute a class to which this paragraph applies.
3
Where service in any employment would qualify a person as aforesaid under any of the enactments specified in sub-paragraph (2) but for regulations having effect under that Order of 1972 which allow arrangements made in connection with a previous employment to continue in force, the employment shall be treated for the purposes of this paragraph as falling within the class to which that enactment relates and as not falling within any other class to which this paragraph applies.
4
Where a local Act contains a provision for the payment of benefits in respect of service which but for the provision would qualify a person for such benefits under the enactments specified in sub-paragraph (2), that provision shall be deemed to be included among the enactments so specified.
F4065
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incidental matters
8
F1006Regulations may make provision—
a
for any incidental matters connected with the provisions mentioned in paragraph 4(1) in relation to any employment which is, has been or may become contracted-out employment; and
b
for any incidental matters otherwise connected with those provisions.
F667Part II Personal Pension Schemes
Sch. 1 Pt. II omitted (6.4.2012) by virtue of The Pensions (2008 No. 2 Act) (Abolition of Protected Rights) (Consequential Provisions) Order (Northern Ireland) 2012 (S.R. 2012/124), arts. 1(b), 4(26)
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2 Methods of Revaluing Accrued Pension Benefits
The final salary method
1
F6281
The final salary method is to add to the amount that would be payable but for Chapter 2 of Part 4, or regulations made under it, the additional amount specified in sub-paragraph (1A), (1B), (1C) or (1D) (whichever applies).
1A
Where—
a
the termination of pensionable service occurs before 1st January 1991, and
b
the whole of the member's pensionable service falls on or after 1st January 1985,
the additional amount is the appropriate higher revaluation percentage of the accrued benefit.
1B
Where—
a
the termination of pensionable service occurs before 1st January 1991, and
b
some of the member's pensionable service falls before 1st January 1985,
the additional amount is such proportion of the appropriate higher revaluation percentage of the accrued benefit as the member's pensionable service falling on or after 1st January 1985 bears to the member's total pensionable service.
1C
Where the termination of pensionable service occurs—
a
on or after 1st January 1991, but
b
before the day on which section 80 of the Pensions (No. 2) Act (Northern Ireland) 2008 comes into operation (“the Pensions Act commencement day”),
the additional amount is the appropriate higher revaluation percentage of the accrued benefit.
1D
Where the termination of pensionable service occurs on or after the Pensions Act commencement day, the additional amount is the aggregate of—
a
the appropriate higher revaluation percentage of so much of the accrued benefit as is attributable to the member's pensionable service falling before the Pensions Act commencement day, and
b
the appropriate lower revaluation percentage of so much of the accrued benefit as is attributable to the member's pensionable service falling on or after that day.
1E
In this paragraph “the accrued benefit” means the amount of the pension or other benefit which on the termination date has accrued to the member or to any other person in respect of the member (excluding any part of that amount which consists of—
a
the member's guaranteed minimum, or
b
the guaranteed minimum of the member's widow, widower F745, surviving same sex spouse or surviving civil partner).
2
For the purposes of this paragraph, a member's pensionable service includes any notional pensionable service which is credited to the member by the scheme (“notional service”).
But notional service shall not be taken into account in determining which of sub-paragraphs (1A), (1B), (1C) and (1D) applies.
3
For the purposes of determining the additional amount where sub-paragraph (1B) applies, any notional service shall be taken to have ended immediately before the member's actual pensionable service began.
3A
For the purposes of determining the additional amount where sub-paragraph (1D) applies, any notional service shall be treated as falling on or after the Pensions Act commencement day only if, or to the extent that, it is so treated for the purposes of the scheme.
4
Any rule of a scheme the effect of which is that benefit falls to be revalued by reference to any period is to be disregarded in making any calculation required by this method.
F9985
The sub-paragraphs above are subject to sub-paragraph (6).
6
If paragraph 2A applies to the pension or other benefit, the final salary method is to apply the requirement of the rules of the scheme mentioned in paragraph 2A(1).
The revaluation percentage and the appropriate revaluation percentage
2
1
Whenever the Secretary of State makes an order under paragraph 2 of Schedule 3 to the M51Pension Schemes Act 1993 specifying F724a higher revaluation percentage and a lower revaluation percentage for each revaluation period within the meaning of that paragraph, the Department may make an order specifying F551a corresponding higher revaluation percentage and a corresponding lower revaluation percentage for each revaluation period (as defined in paragraph (2)).
2
A period is a “revaluation period”, in relation to each order under this paragraph, if it is a period which—
a
begins with 1st January 1986 or with an anniversary of that date falling before the making of the order; and
b
ends with the next day after the making of the order which is 31st December.
F6833
In paragraph 1—
“the appropriate higher revaluation percentage” means the higher revaluation percentage specified in the last calendar year before the date on which the member attains normal pension age as the higher revaluation percentage for the revaluation period which is of the same length as the number of complete years in the pre-pension period;
“the appropriate lower revaluation percentage” has a corresponding meaning.
F9132A
1
This paragraph applies to the pension or other benefit if the rules of the scheme under which it is payable contain a requirement that the accrued benefit be revalued by adding to the accrued benefit an amount of at least the relevant amount.
2
“The accrued benefit” has the same meaning as in paragraph 1.
3
“The relevant amount” means the amount which, ignoring paragraph 1(5) and (6), would be the additional amount specified in paragraph 1(1A), (1B), (1C) or (1D) (as the case may be) were the appropriate higher revaluation percentage and the appropriate lower revaluation percentage to be determined on the following basis.
4
The higher revaluation percentage and the lower revaluation percentage for the revaluation period mentioned in paragraph 2(3) are to be taken to be the percentages which would have been specified in the Secretary of State's order under paragraph 2 of Schedule 3 to the Pension Schemes Act 1993 had the modifications set out in paragraph 2A(4) of that Schedule applied to paragraph 2 of that Schedule.
The average salary method
3
1
The average salary method is to revalue the member’s salaries as respects the pre-pension period in any way in which they would have been revalued during that period if he had remained in the same pensionable service.
2
In this paragraph “salaries” means, subject to sub-paragraph (4), the member’s salaries for the period between the date when his pensionable service began and the termination date, or such part of them as was relevant under the scheme to the calculation of the retirement benefits payable under the scheme to him or to any other person in respect of him.
3
For the purpose of this paragraph those salaries are to be taken to include—
a
any amount which is attributed to them, otherwise than by virtue of this paragraph, as the result of a revaluation for which the rules of the scheme provide; and
b
any amount which is for any reason credited to the member by way of salary notionally earned.
4
Where the member’s pensionable service ended before 1st January 1991, sub-paragraph (2) shall have effect with the substitution for the words from “means” to “termination date” of the words “means the member’s salaries for the period between 1st January 1985 and the termination date”.
5
For the purposes of the application of this paragraph to a case where a member is credited with an amount by reference to salary notionally earned over a period of time of a particular length, that period shall be taken to have ended immediately before the member’s actual pensionable service began.
F674The cash balance method
Sch. 2 para. 3A inserted (24.7.2014) by The Pensions (2012 Act) (Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/213), regs. 1, 2(3)
3A
The cash balance method of revaluing a F579benefit is to revalue the available sum in respect of the benefit in any way in which it would have been revalued if the member’s pensionable service had not terminated.
The flat rate method
4
The flat rate method is to revalue the benefits which have accrued to the member as respects the pre-pension period in any way in which they would have been revalued during that period if he had remained in the same pensionable service.
The money purchase method
5
1
Subject to sub-paragraphs (2) and (3), the money purchase method is to apply the investment yield and any bonuses arising from payments made by or on behalf of a member towards providing any pension or other retirement benefit which is payable under the scheme to him or to any other person in respect of him in the manner in which they would have been applied if his pensionable service had not terminated.
2
The Department may by regulations authorise trustees and managers of occupational pension schemes to deduct from any pension or other retirement benefit provided by virtue of the money purchase method an appropriate amount in respect of the administrative expenses incurred by them in carrying this method into effect.
3
The trustees and managers of a personal pension scheme may, when providing a pension or other retirement benefit by virtue of the money purchase method, deduct—
a
the actual administrative expenses of doing so, or
b
the amount of the administrative expenses which would have been incurred in providing a money purchase benefit for the same member if contributions had not ceased to be paid to the scheme in respect of him,
whichever is the less.
C54C73C163C164SCHEDULE 3 Priority in Bankruptcy, etc
Sch. 3 applied (with modifications) (17.2.2009 for specified purposes, 21.2.2009 in so far as not already in force) by Banking Act 2009 (c. 1), ss. 145, 167, 263(1) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 3; S.I. 2009/296, arts. 2, 3, Sch. para. 3
Sch. 3 applied (with modifications) (21.2.2009) by Banking Act 2009 (c. 1), ss. 103, 134, 263(1) (with s. 247); S.I. 2009/296, art. 3, Sch. para. 2
Sch. 3 applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)
Sch. 3 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)
Earner’s contributions to occupational pension scheme
1
This Schedule applies to any sum owed on account of an earner’s contributions to an occupational pension scheme being contributions deducted from earnings paid in the period of four months immediately preceding the relevant date or otherwise due in respect of earnings paid or payable in that period.
Employer’s contributions to occupational pension scheme
F4592
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
4
1
F648Section 754(3) of the Companies Act 2006 and Article 347 of the Insolvency (Northern Ireland) Order 1989 apply as regards the meaning of the expression “the relevant date” in this Schedule.
F8652
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4Repeals
Part I General
Chapter or Number | Short title | Extent of repeal |
|---|---|---|
1973 c. 38. | The Social Security Act 1973. | Section 89. |
1975 c. 18. | The Social Security (Consequential Provisions) Act 1975. | In Schedule 2, paragraph 58. |
1975 c. 60. | The Social Security Pensions Act 1975. | Section 57. In Schedule 4, paragraph 30. |
S.I. 1975/1503 (N.I. 15). | The Social Security Pensions (Northern Ireland) Order 1975. | In Article 2, in paragraph (2), the definitions of “appropriate scheme”, “Contributions and Benefits Act”, “the Department”, “government department”, “guaranteed minimum pension”, “the Inland Revenue”, “linked qualifying service”, “minimum payments”, “money purchase benefits”, “money purchase contracted-out scheme”, “normal pension age”, “Occupational Pensions Board”, “occupational pension scheme”, “personal pension scheme”, “protected rights”, “public service pension scheme”, “qualifying earnings factor”, “resources” and “rights” and paragraphs (3) to (5) and (7). Articles 28 to 38. Articles 39A to 53D. Articles 55 to 58A. Articles 58E and 58K. Articles 58M to 65. Articles 67 to 68B. Articles 69B to 73. Schedules 1A to 4A. In Schedule 5, paragraph 14. |
S.I. 1976/1043 (N.I. 16). | The Industrial Relations (Northern Ireland) Order 1976. | Article 43. In Article 44, paragraph (2) and in paragraph (3), the words “or 43”. Article 45(3) to (3C). In Article 46(1), the words “or 43” and “or contributions to an occupational pension scheme or a personal pension scheme falling to be made”. In Article 47(2), the definitions of “occupational pension scheme” and “personal pension scheme” and the words from “and any reference” onwards. In Article 76, in paragraph (2A), the words “and 43” and in paragraph (7), the words “43”. |
S.I. 1977/610 (N.I. 11). | The Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977. | In Article 2(2), the definitions of “modifications” and “the Pensions Order”. Article 4(2). Article 17. Article 18(7), (8), (13), (14) and (18). Article 20. |
S.I. 1979/396 (N.I. 5). | The Social Security (Northern Ireland) Order 1979. | Article 14. In Schedule 3, paragraphs 14 and 19. |
S.I. 1980/870 (N.I. 8). | The Social Security (Northern Ireland) Order 1980. Article 4(3), (6) to (9) and (11). Article 5(1). In Schedule 3, paragraph 9. | |
S.I. 1982/1084 (N.I. 16). | The Social Security (Northern Ireland) Order 1982. | Article 33. In Schedule 4, paragraph 13. |
S.I. 1984/1158 (N.I. 8). | The Health and Social Security (Northern Ireland) Order 1984. | Articles 13 and 14. Schedule 4. In Schedule 5, paragraphs 3(a), 5 and 6. |
1985 c. 53. | The Social Security Act 1985. | In Schedule 5, paragraph 2. |
S.I. 1985/1209 (N.I. 16). | The Social Security (Northern Ireland) Order 1985. | Articles 3 to 8. Schedules 1 to 3. In Schedule 5, paragraphs 9, 10, 12, 13, 15 to 28. |
S.I. 1986/1888 (N.I. 18). | The Social Security (Northern Ireland) Order 1986. | In Article 2, in paragraph (2), the definitions of “average salary benefits”, “contract of service”, “employed earner”, “employee”, “employer”, “insurance company”, “minimum contributions”, “money purchase benefits”, “occupational pension scheme”, “personal pension scheme”, “protected rights”, “tax-exemption”, “tax-approval” and “tax year” and paragraphs (3) and (4). Articles 3 to 10. Article 11(1) to (7). Articles 12 to 18A. Article 53(1) and (2). Article 60. Article 76. Article 79(1), (2) and (6). Article 80. In Article 81, paragraph (3), in paragraph (4) the words “those to which paragraph (3) applies and”, and paragraph (8). Article 82(1)(a) and (b), (3) and (4). Schedules 1 and 2. In Schedule 5, paragraph 18 and in Part II, paragraph (a). In Schedule 8, paragraphs 6 to 9. In Schedule 9, paragraphs 2 to 26, 47 and 77. |
S.I. 1988/594 (N.I. 2). | The Social Security (Northern Ireland) Order 1988. | Article 10. In Schedule 2, paragraphs 1(2) and (3), 2 and 3. |
1989 c. 6. | The Official Secrets Act 1989. | In Schedule 1, paragraph 1(g). |
S.I. 1989/1342 (N.I. 13). | The Social Security (Northern Ireland) Order 1989. | Article 22. Article 27. In Schedule 1, paragraph 11. In Schedule 6, paragraphs 1 to 17. In Schedule 7, paragraph 18. In Schedule 8, paragraph 12. |
S.I. 1989/2405 (N.I. 19). | The Insolvency (Northern Ireland) Order 1989. | In Schedule 9, paragraphs 86 and 89. |
1990 c. 41. | The Courts and Legal Services Act 1990. | Section 82(3). |
S.I. 1990/246 (N.I. 2). | The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990. | Articles 16(3) and 17(2). |
S.I. 1990/1511 (N.I. 15). | The Social Security (Northern Ireland) Order 1990. | Articles 13 to 15, 16(2), 21(1) and 22(5). Schedules 2 to 4. |
S.I. 1991/196 (N.I. 2). | The Redundancy Fund (Abolition) (Northern Ireland) Order 1991. | In Schedule 1, in the amendment of the Industrial Relations (Northern Ireland) Order 1976, the words “43(1)”. |
S.I. 1991/765 (N.I. 9). | The Statutory Sick Pay (Northern Ireland) Order 1991. | Article 5(1)(d). |
S.I. 1991/2631 (N.I. 24). | The Judicial Pensions (Northern Ireland) Order 1991. | Article 6(3). |
1992 c. 8. | The Social Security Administration (Northern Ireland) Act 1992. | Section 149(5)(c), and the word “and” preceding it. |
1992 c. 9. | The Social Security (Consequential Provisions) (Northern Ireland) Act 1992. | In Schedule 2, paragraphs 14(2)(b), (3) to (18), (20) to (26), 16(2), 17(1), (2) and (4), 31(2) and (3) and 32(2) to (4) and (7), (8) and (11). |
1992 c. 40. | The Friendly Societies Act 1992. | In Schedule 2, paragraphs 22 and 23. |
S.I. 1992/907 (N.I. 5). | The Industrial Relations (Northern Ireland) Order 1992. | In Schedule 5, paragraph 1. |
1993 c. 8. | The Judicial Pensions and Retirement Act 1993. | In Schedule 8, paragraphs 13 and 19. |
S.I. 1993/592 (N.I. 2). | The Social Security (Northern Ireland) Order 1993. | In Article 1, in paragraph (3), the words “Article 3(1) and (2) and”, and paragraph (4). Article 3. |
Part II Provisions Relating to Equal Access
Chapter | Short title | Extent of repeal |
|---|---|---|
1993 c. 48. | The Pension Schemes (Northern Ireland) Act 1993. | Section 114. In section 128, the words “, the equal access requirements”. In section 129(1), the words “, the equal access requirements”. In section 130, in subsection (3), the words “, the equal access requirements” and in subsection (4) the words “or the equal access requirements” and the words from “or as the case may be” onwards. In section 132(2)(e)(iv), the words “or the equal access requirements”. In section 135(2), the words “, the equal access requirements”. In section 136(4), paragraph (c) and the word “and” immediately preceding it. Section 149(3) and (4). Section 165(5) and (6). In section 176(1), the definition of “the equal access requirements”. |
Part III Subordinate Legislation Revoked
Number | Short title | Extent of revocation |
|---|---|---|
S.R. (N.I.) 1987 No. 294. | The Personal and Occupational Pension Schemes (Modification of Enactments) Regulations (Northern Ireland) 1987. | All the Regulations. |
S.R. (N.I.) 1988 No. 107. | The Personal and Occupational Pension Schemes (Tax Approval and Miscellaneous Provisions) Regulations (Northern Ireland) 1988. | Regulation 8. |
S.R. (N.I.) 1988 No. 214. | The Personal and Occu-pational Pension Schemes (Transfer to Self-employed Pension Arrangements) Regu-lations (Northern Ireland) 1988. | Regulation 4(2). |
S.R. (N.I.) 1989 No. 105. | The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1989. | Regulation 3. |
S.R. (N.I.) 1990 No. 203. | The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1990. | Regulation 9. |
S.R. (N.I.) 1992 No. 142. | The Social Security (Class 1 Contributions - Contracted-out Percentages) Order (Northern Ireland) 1992. | The whole Order. |
SCHEDULE 5 Transitional Provisions and Savings
Part I General Provisions
1
In this Schedule “the repealed enactments” means the enactments repealed or revoked by this Act.
2
1
The substitution of this Act for the repealed enactments does not affect the continuity of the law.
2
Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of this Act, as if done under or for the purposes of that corresponding provision.
3
Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.
4
Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of this Act.
3
Where—
a
this Act repeals an enactment relating to the coming into operation of another provision, including—
i
an enactment deeming a provision always to have had effect or to have had effect from a date earlier than that which would otherwise apply or enabling regulations or an order made under a provision to be framed so as to have such an effect, and
ii
an enactment conferring power by regulations to provide or make savings in preparation for or in connection with the coming into operation of a provision, and
b
the effect of that provision is reproduced in this Act,
the repeal does not affect the operation of that enactment, in so far as it is not specifically reproduced in this Act but remains capable of having effect, in relation to the corresponding provision of this Act.
4
1
The repeal or revocation by this Act of an enactment previously repealed or revoked subject to savings does not affect the continued operation of those savings.
2
The repeal or revocation by this Act of a saving to which a previous repeal or revocation of an enactment is subject does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.
5
The repeal or revocation by this Act of an enactment which has effect as respects any provision of the repealed enactments (being a provision which is not reproduced in this Act but continues in effect by virtue of this Schedule or the M52Interpretation Act (Northern Ireland) 1954) does not affect its operation as respects that provision.
6
Any document made, served or issued after this Act comes into operation which contains a reference to any of the repealed enactments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of this Act.
Part II Specific Provisions
Contracting-out requirements for schemes providing guaranteed minimum pensions
7
An occupational pension scheme which—
a
at any time before the coming into operation of the first regulations made under—
i
sub-paragraph (a) of paragraph (2) of Article 34 of the M53Social Security Pensions (Northern Ireland) Order 1975 (which corresponded to section 5(2)(a) of this Act), or
ii
paragraph (8) of Article 37 of the Social Security Pensions (Northern Ireland) Order 1975 (which corresponded to section 12(4) of this Act),
did not satisfy that sub-paragraph or, as the case may be, that paragraph; but
b
would have satisfied it if those regulations had then been in operation,
shall, for the purpose of determining whether the scheme satisfied that sub-paragraph or, as the case may be, that paragraph, be treated as if those regulations had been in operation at that time.
8
Any document the contents of which are in terms corresponding to those of paragraph (7) of Article 37 of the M54Social Security Pensions (Northern Ireland) Order 1975 as that paragraph stood immediately before the making of the M55Social Security (Northern Ireland) Order 1985 (which corresponded to section 12(2) and (3) of this Act, but with the substitution for the words from “is terminated before” onwards of the words “is terminated before he attains the scheme’s normal pension age shall be determined for the purposes of section 10(2) without reference to any order that comes into operation under Article 23 of the Social Security Pensions (Northern Ireland) Order 1975 after the relevant year in which his service ends”) shall be construed as if its contents were and always had been in terms corresponding to those of section 12(2) and (3) of this Act.
9
The requirement of the Social Security Pensions (Northern Ireland) Order 1975 that for an occupational pension scheme to be contracted-out in relation to an earner’s employment it must provide requisite benefits shall, except so far as it relates to guaranteed minimum pensions, be treated for the purposes of section 33 of this Act as if it had never existed.
10
1
Where in the tax year 1989-90 the trustees or managers of an occupational pension scheme made an increase in the rate of pensions currently payable to the members of the scheme who had attained pensionable age or to the widows or widowers of members, they may deduct the amount of the increase from any increase which, but for this sub-paragraph, they would be required to make under section 105 in the tax year 1990-91.
2
Subsections (1) and (4) of section 106 shall apply to sub-paragraph (1) as they apply to subsections (2) and (3) of that section.
Overriding effect of certain requirements for existing contracted-out and appropriate schemes
F40711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
If immediately before 14th August 1990—
a
there was in force in relation to an occupational pension scheme a contracting-out certificate which stated that the scheme was contracted-out by virtue of Article 34(2A) of the Social Security Pensions (Northern Ireland) Order 1975, or
b
there was in force in relation to a personal pension scheme an appropriate scheme certificate,
then, to the extent that the rules of the scheme are inconsistent with any provision of this Act derived from provision made by paragraph 16(1) or (2) or 17(1) to (3) of Schedule 6 to the M56Social Security (Northern Ireland) Order 1989 (by virtue of which—
i
section 23(3) applies to all protected rights and not only such rights as are mentioned in section 6(2) or (3);
ii
section 24 includes subsection (1) and, in subsection (3), the words “Subject to subsections (5) and (7)”, the words from “except” to “subsection (4)” and the word “shall”; and
iii
section 25 includes subsection (2)),
they shall be overridden by that provision.
Transactions discharging trustees
13
Without prejudice to section 28 of the M57Interpretation Act (Northern Ireland) 1954—
a
as respects a transaction which took place before 1st January 1986, sections 15(1) and 77 have effect with the omission of paragraph (c), and
b
as respects a transaction which took place before 1st November 1986, section 15 has effect with the substitution for the references to guaranteed minimum pensions of references to requisite benefits.
Preservation
15
Without prejudice to paragraph 3, in any case where—
a
the pensionable service of a member of a scheme terminated during the period beginning with 6th April 1988 and ending with 27th February 1991, otherwise than on the termination of his service in relevant employment, and
b
during that period no payments in discharge of his rights under the scheme were made in consequence of that termination,
paragraph 6(1) of Schedule 3 to the M59Social Security Pensions (Northern Ireland) Order 1975 (which corresponded to section 67(1) of this Act) shall be taken at all times on and after 6th April 1988 to have had effect in relation to the member and his rights under the scheme with the amendment made by paragraph 12(1) of Schedule 4 to the M60Social Security (Northern Ireland) Order 1990 (which substituted the words “pensionable service” for the words “service in relevant employment”).
Anti-franking
16
1
If before 23rd August 1989 an earner ceased to be in contracted-out employment by reference to an occupational pension scheme other than a money purchase contracted-out scheme, Chapter III of Part IV shall apply in relation to him with the modifications set out in sub-paragraphs (2) and (3).
2
In section 83—
a
in subsection (3) for the words “at any time” there shall be substituted the words “
on the relevant date and at any time thereafter
”
;
b
after that subsection there shall be inserted—
3A
In subsection (3) “relevant date”—
a
in the application of that subsection to a case where a scheme provides for any part of the pension in excess of the earner’s guaranteed minimum to commence from a date not more than 3 months after that on which he attains pensionable age or to be postponed for any period for which he continues in employment (whether or not employment to which the scheme relates) after attaining that age, is to be construed in relation to the part of the pension as to which such provision is made as a reference to the date on which by virtue of it that part of the pension begins to be paid; and
b
in any other case means the commencement of payment date.
c
subsection (4)(d) shall be omitted.
3
Section 86 shall be omitted.
Modifications in consequence of making of Part II of the Social Security (Northern Ireland) Order 1986
17
1
Regulations may provide that any provision of this Act to which section 150 applies shall have effect subject to such modifications (other than those which may be made by virtue of that section) as the Department may consider necessary or expedient in consequence of Part II of the M61Social Security (Northern Ireland) Order 1986 or any provision of this Act deriving from that Part.
2
Regulations may provide that any provision contained in a statutory provision to which this sub-paragraph applies shall have effect subject to such modifications as the Department, after consultation with the appropriate authority, may consider necessary or expedient in consequence of the provisions mentioned in sub-paragraph (1).
3
The statutory provisions to which sub-paragraph (2) applies are—
a
the M62Judicial Pensions Act (Northern Ireland) 1951;
b
the M63County Courts Act (Northern Ireland) 1959;
c
the M64Resident Magistrates’ Pensions Act (Northern Ireland) 1960;
d
the M65Lands Tribunal and Compensation Act (Northern Ireland) 1964;
e
the M66Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969;
f
the M67Police Act (Northern Ireland) 1970;
g
the M68Superannuation (Northern Ireland) Order 1972;
h
section 97(4) of, and paragraphs 5(2), 6 and 7A of, the M69Social Security (Northern Ireland) Act 1975;
i
the M70Assembly Pensions (Northern Ireland) Order 1976;
j
section 72(2) of, and Schedule 4 to, the M71Judicature (Northern Ireland) Act 1978;
k
the M72Fire Services (Northern Ireland) Order 1984;
l
the M73Judicial Pensions and Retirement Act 1993.
4
In this paragraph “the appropriate authority” means such Minister of the Crown or government department as the Secretary of State may by order designate in relation to any provision of a statutory provision to which sub-paragraph (2) applies; and regulations under that sub-paragraph modifying such a provision shall not be made without the consent of the appropriate authority so designated.
Savings for statutory rules
18
The repeal of Article 18A(2) of the M74Social Security (Northern Ireland) Order 1986 shall not affect the validity of any order containing such provision as there mentioned (provision for the Department to make payments in relation to the provisions contained in Part II of that Order for any period beginning on or after 6th April 1987).
Provisions contained in Act by virtue of statutory rules
19
Without prejudice to any express provision in this Act, where this Act repeals any provision contained in any statutory provision by virtue of any order or regulations (including a provision which has not come into operation at the time of the repeal) and the provision is reproduced in this Act, the Department shall have the like power to make orders or regulations repealing or amending the provision of this Act which reproduces the effect of the repealed provision as it had in relation to that provision.
Saving for application of general provisions relating to social security
20
The repeals made by this Act do not affect the operation of Article 2(3) of the M75Social Security Pensions (Northern Ireland) Order 1975 (or of any other provision in that Order or any other enactment as it applies by virtue of that Article), so far as it is not given effect to in this Act but remains capable of having effect (and paragraph 10 of Schedule 3 to the M76Social Security (Consequential Provisions) (Northern Ireland) Act 1992 shall continue to have effect accordingly).
Saving for Article 9 of the Social Security (Northern Ireland) Order 1986
21
The repeal by this Act of Article 9 of the Social Security (Northern Ireland) Order 1986 (schemes becoming contracted-out between 1986 and 1993) or of any reference to that Article in another of the repealed enactments does not affect—
a
the operation of that Article so far as it is not reproduced in this Act but remains capable of having effect; or
b
the operation of that enactment so far as the reference is not reproduced in the corresponding provision of this Act and that enactment remains capable of having effect in relation to that Article.
SCHEDULE 6 Re-enactment or Amendment of Certain Provisions Not in Force
The Equal Pay Act (Northern Ireland) 1970 (c. 32)
F4141
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Social Security (Northern Ireland) Order 1989 (N.I. 13)
2
In Schedule 5 to the Social Security (Northern Ireland) Order 1989—
a
in paragraph 2(8) for the words “Article 2(2) of the 1986 Order” there shall be substituted the words “
section 176(1) of the Pension Schemes (Northern Ireland) Act 1993
”
;
b
in paragraph 7(d) for the words “meaning given by Article 2(2) of the Pensions Order” there shall be substituted the words “
same meaning as “public service pension scheme” in the Pension Schemes (Northern Ireland) Act 1993
”
;
c
in paragraph 8 for the words “Article 17(1) of the 1986 Order” there shall be substituted the words “
section 156(1) of the Pension Schemes (Northern Ireland) Act 1993
”
.
This Act
F4153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7 Consequential Amendments
The Judicial Pensions Act (Northern Ireland) 1951 (c. 20 (N.I.))
1
In section 11A(7) of the Judicial Pensions Act (Northern Ireland) 1951—
a
in the definition of “employment” for the words “Social Security Pensions (Northern Ireland) Order 1975” and “that Order” there shall be substituted respectively the words “
Pension Schemes (Northern Ireland) Act 1993
”
and “
section 2 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992
”
;
b
in the definition of “occupational pension scheme” for the words “Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
;
c
in the definition of “personal pension scheme” for the words “Article 2(2) of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
;
d
in the definitions of “tax-exemption” and “tax-approval” for the words “Article 2(2) of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 176(1) of the Pension Schemes (Northern Ireland) Act 1993
”
.
2
In Schedule 2A to that Act—
a
in paragraph 1 in the definition of “protected rights” for the words “the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
the Pension Schemes (Northern Ireland) Act 1993
”
;
b
in paragraph 3 for the words “Part II of Schedule 1A to the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993
”
;
c
in paragraph 6(6)(a)(ii) for the words from “section 2” to “Order 1986” there shall be substituted the words “
section 7 of the Pension Schemes Act 1993, section 3 of the Pension Schemes (Northern Ireland) Act 1993
”
.
The County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
3
In section 127A(7) of the County Courts Act (Northern Ireland) 1959—
a
in the definition of “employment” for the words “Social Security Pensions (Northern Ireland) Order 1975” and “that Order” there shall be substituted respectively the words “
Pension Schemes (Northern Ireland) Act 1993
”
and “
section 2 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992
”
;
b
in the definition of “occupational pension scheme” for the words “Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
;
c
in the definition of “personal pension scheme” for the words “Article 2(2) of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
;
d
in the definitions of “tax-exemption” and “tax-approval” for the words “Article 2(2) of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 176(1) of the Pension Schemes (Northern Ireland) Act 1993
”
.
4
In Schedule 2A to that Act—
a
in paragraph 1 in the definition of “protected rights” for the words “the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
the Pension Schemes (Northern Ireland) Act 1993
”
;
b
in paragraph 3 for the words “Part II of Schedule 1A to the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993
”
;
c
in paragraph 6(6)(a)(ii) for the words from “section 2” to “Order 1986” there shall be substituted the words “
section 7 of the Pension Schemes Act 1993, section 3 of the Pension Schemes (Northern Ireland) Act 1993
”
.
The Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (c. 25 (N.I.))
5
In section 9A(7) of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960—
a
in the definition of “employment” for the words “Social Security Pensions (Northern Ireland) Order 1975” and “that Order” there shall be substituted respectively the words “
Pension Schemes (Northern Ireland) Act 1993
”
and “
section 2 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992
”
;
b
in the definition of “occupational pension scheme” for the words “Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
;
c
in the definition of “personal pension scheme” for the words “Article 2(2) of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
;
d
in the definitions of “tax-exemption” and “tax-approval” for the words “Article 2(2) of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 176(1) of the Pension Schemes (Northern Ireland) Act 1993
”
.
6
In Schedule 3 to that Act—
a
in paragraph 1 in the definition of “protected rights” for the words “the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
the Pension Schemes (Northern Ireland) Act 1993
”
;
b
in paragraph 3 for the words “Part II of Schedule 1A to the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993
”
;
c
in paragraph 6(6)(a)(ii) for the words from “section 2” to “Order 1986” there shall be substituted the words “
section 7 of the Pension Schemes Act 1993, section 3 of the Pension Schemes (Northern Ireland) Act 1993
”
.
The Parliamentary Commissioner Act 1967 (c. 13)
7
In paragraph 10 of Schedule 1 to the Parliamentary Commissioner Act 1967, in the definition of “judicial pension scheme”, for the words “Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
.
The Parliamentary Commissioner Act (Northern Ireland) 1969 (c. 10 (N.I.))
F4168
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Commissioner for Complaints Act (Northern Ireland) 1969 (c. 25 (N.I.))
F4179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Equal Pay Act (Northern Ireland) 1970 (c. 32 (N.I.))
F41810
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Social Services (Parity) Act (Northern Ireland) 1971 (c. 21 (N.I.))
11
In Schedule 1 to the Social Services (Parity) Act (Northern Ireland) 1971 for the entry relating to the Social Security Pensions Act 1975 there shall be substituted— “
The Pension Schemes Act 1993.
”
The Pensions Increase Act (Northern Ireland) 1971 (c. 35 (N.I.))
12
In section 15(1) of the Pensions Increase Act (Northern Ireland) 1971, in the definition of “money purchase benefits” for the words from “Article 2(2)” to “1986” there shall be substituted the words “
section 176(1) of the Pension Schemes (Northern Ireland) Act 1993
”
.
The Superannuation Act 1972 (c. 11)
13
In section 13(15), in the definition of “judicial pension scheme”, for the words “Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
.
The Superannuation (Northern Ireland) Order 1972 (N.I. 10)
14
In Articles 3(8), 11(6) and 12(11) of the Superannuation (Northern Ireland) Order 1972, in the definitions of “money purchase benefits” for the words from “Article 2(2)” to “1986” there shall be substituted the words “
section 176(1) of the Pension Schemes (Northern Ireland) Act 1993
”
.
The Social Security Pensions (Northern Ireland) Order 1975 (N.I. 15)
15
1
In Article 69 of the Social Security Pensions (Northern Ireland) Order 1975—
a
in paragraph (5), after the words “guaranteed minimum pension” there shall be inserted the words “
(as defined in section 176(1) of the Pension Schemes (Northern Ireland) Act 1993)
”
,
b
in paragraph (5A), for the words “Article 39A(8), (9) or (10)” there shall be substituted the words “
section 106(2) or (3) of, or paragraph 10 of Schedule 5 to, the Pension Schemes (Northern Ireland) Act 1993
”
,
c
in paragraph (7), after the definition of “beginning date” there shall be inserted— “
“employment”
has the same meaning as in section 176(1) of the Pension Schemes (Northern Ireland) Act 1993
”
.
2
In Article 69A(2A) of that Order—
a
after the words “tax year” there shall be inserted the words “
as defined in section 176(1) of the Pension Schemes (Northern Ireland) Act 1993
”
;
b
for the words “Article 39A” in the first place where they occur there shall be substituted the words “
section 105(1) of the Pension Schemes (Northern Ireland) Act 1993
”
; and
c
for those words in the second place where they occur there shall be substituted the words “
that section
”
.
The Births and Deaths Registration (Northern Ireland) Order 1976 (N.I. 14)
16
The following entry shall be inserted at the end of Schedule 1 to the Births and Deaths Registration (Northern Ireland) Order 1976— “
The Pension Schemes (Northern Ireland) Act 1993.
”
The Judicial Pensions Act 1981 (c. 20)
17
In section 33A(9) of the Judicial Pensions Act 1981—
a
in the definition of “occupational pension scheme” for the words “Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
;
b
in the definition of “personal pension scheme” for the words “Article 2(2) of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
.
18
In Schedule 1A to that Act—
a
in paragraph 1 in the definition of “protected rights” for the words “the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
the Pension Schemes (Northern Ireland) Act 1993
”
;
b
in paragraph 3 for the words “Part II of Schedule 1A to the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993
”
;
c
in paragraph 6(6)(a)(ii) for the words “Article 4 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 3 of the Pension Schemes (Northern Ireland) Act 1993
”
.
The Forfeiture (Northern Ireland) Order 1982 (N.I. 14)
19
In the definition of “relevant enactment” in Article 6(5) of the Forfeiture (Northern Ireland) Order 1982 there shall be inserted at the appropriate place the words— “
the Pension Schemes (Northern Ireland) Act 1993,
”
.
The Companies (Northern Ireland) Order 1986 (N.I. 6)
F72320
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Audit (Northern Ireland) Order 1987 (N.I. 5)
21
In Article 4A(13) of the Audit (Northern Ireland) Order 1987, in the definition of “judicial pension scheme”—
a
for the words “section 66(1) of the Social Security Pensions Act 1975” there shall be substituted the words “
section 1 of the Pension Schemes Act 1993
”
;
b
for the words “Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
.
The Income and Corporation Taxes Act 1988 (c. 1)
F63522
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Official Secrets Act 1989 (c. 6)
23
In paragraph 4 of Schedule 1 to the Official Secrets Act 1989 for the words “Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
Pension Schemes (Northern Ireland) Act 1993
”
.
The Finance Act 1989 (c. 26)
24
In paragraph 11(2)(b) of Schedule 7 to the Finance Act 1989 for the words “Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
Pension Schemes (Northern Ireland) Act 1993
”
.
The Insolvency (Northern Ireland) Order 1989 (N.I. 19)
25
In paragraph 8 of Schedule 4 to the Insolvency (Northern Ireland) Order 1989 for the words “Schedule 4 to the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
Schedule 3 to the Pension Schemes (Northern Ireland) Act 1993
”
.
The Social Security Administration Act 1992 (c. 5)
F41926
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
27
In section 1(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, for the words from “Part IV” to “contributions)” there shall be substituted the words “
Chapter II of Part III of the Pensions Act (reduction in state scheme contributions and social security benefits for members of certified schemes)
”
.
F42028
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42129
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30
In section 20(3) of that Act, for the words from “Part IV” to “benefit)” there shall be substituted the words “
Chapter II of Part III of the Pensions Act (reduction in state scheme contributions and social security benefits for members of certified schemes)
”
.
31
In section 23(2) of that Act, after the word “Order” there shall be inserted the words “
or the Pensions Act
”
.
32
In section 34(5) of that Act, for the words “Article 31 of the Pensions Order” there shall be substituted the words “
section 42 of the Pensions Act
”
.
33
In section 47(3) of that Act, for the words “Article 31 of the Pensions Order” there shall be substituted the words “
section 42 of the Pensions Act
”
.
F42234
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42335
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36
In Schedule 5 to that Act—
a
in paragraph 2(6), for the words “Article 31B(2) of the Pensions Order” there shall be substituted the words “
section 42(5) of the Pensions Act
”
;
F424b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F424c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
in paragraph 7(2), for the words “Pensions Order” there shall be substituted the words “
Pensions Act
”
.
37
In paragraph 3 of Schedule 7 to that Act—
a
in sub-paragraph (3), for the words “Article 31 of the Pensions Order” there shall be substituted the words “
section 42 of the Pensions Act
”
;
b
in sub-paragraph (11), for the words from “Article 31C of the Pensions Order” to “supplement)” there shall be substituted the words “
section 42(6) to (8) (entitlement to guaranteed minimum pensions and increases of unemployability supplement) of the Pensions Act
”
.
The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
F42538
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42639
In section 104(8) of that Act, for paragraph (e) there shall be substituted—
e
the Pensions Act
40
In section 130 of that Act, for the words “Social Security Pensions Act 1975” there shall be substituted the words “
Pension Schemes Act 1993
”
.
41
In section 132 of that Act—
a
in subsection (3)(a), for the words “Article 37(6) of the Pensions Order” and “Article 38(3) of that Order” there shall be substituted respectively the words “
section 11(1) of the Pensions Act
”
and “
section 13(2) of that Act
”
;
b
after subsection (3) there shall be inserted—
3A
Where a member of an appropriate personal pension scheme or a money purchase contracted-out scheme continues in employment after attaining pensionable age and the commencement of his pension under the scheme is postponed, the preceding provisions of this section shall have effect as if—
a
the guaranteed minimum pension to which he is treated as entitled by virtue of section 44(2)(a) of the Pensions Act were subject to increases in accordance with the provisions of section 11(1) of that Act; and
b
the amounts of any notional increases referred to in paragraph (a) above were subject to annual up-rating in the same way as if they were sums to which subsection (3)(a) above applied.
c
in subsection (4), for the words “Article 37(6) of the Pensions Order” and “Article 39A of that Order” there shall be substituted respectively the words “
section 11(1) of the Pensions Act
”
and “
section 105 of that Act
”
; and
d
in subsection (5), for the words “Article 37(6) of the Pensions Order” and “Article 38(3) of that Order” there shall be substituted respectively the words “
section 11(1) of the Pensions Act
”
and “
section 13(2) of that Act
”
.
42
In section 167(1) of that Act—
a
the following definitions shall be inserted at the appropriate place—
“money purchase contracted-out scheme” has the same meaning as in section 4(1)(a)(ii) of the Pensions Act;
“pensionable age” has the same meaning as in section 121 of the Contributions and Benefits Act;
b
in the definition of “occupational pension scheme”, for the words “Article 2(2) of the Pensions Order” there shall be substituted the words “
section 1 of the Pensions Act
”
;
c
before the definition of “the Pensions Order”, there shall be inserted—
“the Pensions Act” means the Pension Schemes (Northern Ireland) Act 1993;
d
in the definition of “personal pension scheme”, for the words “Article 2(2) of the 1986 Order” there shall be substituted the words “
section 1 of the Pensions Act
”
and at the end of that definition there shall be added the words “
and “appropriate”, in relation to such a scheme, shall be construed in accordance with section 3 of that Act
”
.
The Judicial Pensions and Retirement Act 1993 (c. 8)
43
1
In section 10(8) of the Judicial Pensions and Retirement Act 1993—
a
in the definition of “occupational pension scheme” for the words “Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
;
b
in the definition of “personal pension scheme” for the words “Article 2(2) of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
.
2
In section 13(9) of that Act, in the definition of “personal pension scheme”, for the words “Article 2(2) of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
.
F4273
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In section 30(1) of that Act, in the definition of “judicial pension scheme” for the words “Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
.
5
In Schedule 2 to that Act—
a
in paragraph 1—
i
in the definition of “contracted-out scheme” for the words “Part IV of the Social Security Pensions (Northern Ireland) Order 1975”, there shall be substituted the words “
Part III of the Pension Schemes (Northern Ireland) Act 1993
”
;
ii
in the definitions of “guaranteed minimum pension” and “protected rights” for the words “Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
Pension Schemes (Northern Ireland) Act 1993
”
;
iii
in the definition of “personal pension scheme” for the words “Article 2(2) of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 1 of the Pension Schemes (Northern Ireland) Act 1993
”
;
b
in paragraph 3 for the words “Part II of Schedule 1A to the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “
Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993
”
;
c
in paragraph 6(6)(a)(ii) for the words “Article 4 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “
section 3 of the Pension Schemes (Northern Ireland) Act 1993
”
.
The Social Security (Northern Ireland) Order 1993 (N.I. 2)
44
In Article 4(1) of the Social Security (Northern Ireland) Order 1993—
a
in paragraph (b) of the definition of “estimated benefit expenditure”, for the words “Articles 42(1) and 43(1)” there shall be substituted the words “
Article 42(1)
”
; and
b
at the end there shall be inserted the words
and
c
under section 172(1)(b) of the Pension Schemes (Northern Ireland) Act 1993
SCHEDULE 8 Transitory Modifications
1
1
If—
a
no date has been appointed as the date on which a provision mentioned in column 1 of the following Table is to come into operation before the commencement date, or
b
a date has been appointed which is later than the commencement date,
then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect until the appointed day.
Provision | Paragraph of this Schedule |
|---|---|
(i) Article 65(7) of the M77Social Security Pensions (Northern Ireland) Order 1975. | Paragraph 2. |
F428(ii). . . | F428. . . |
F428(iii). . . | F428. . . |
F428(iv). . . | F428. . . |
F428(v). . . | F428. . . |
(vi) Section 82(3) of the M78Courts and Legal Services Act 1990. | Paragraph 5. |
(vii) Article 6(3) of the M79Judicial Pensions (Northern Ireland) Order 1991. | Paragraph 6 |
(viii) Paragraph 23 of Schedule 16 to the M80Friendly Societies Act 1992. | Paragraph 7(1) and (3). |
(ix) Paragraph 22 of Schedule 21 to the Friendly Societies Act 1992. | Paragraph 7(4). |
(x) Paragraph 23 of Schedule 21 to the Friendly Societies Act 1992. | Paragraph 7(2). |
(xi) Paragraph 13 of Schedule 8 to the M81Judicial Pensions and Retirement Act 1993. | Paragraph 8(1). |
(xii) Paragraph 19(1) of Schedule 8 to the Judicial Pensions and Retirement Act 1993. | Paragraph 8(2). |
(xiii) Paragraph 19(2) of Schedule 8 to the Judicial Pensions and Retirement Act 1993. | Paragraph 8(3). |
2
If—
a
a date has been appointed as the date on which a provision mentioned in column 1 of the Table in sub-paragraph (1) is to come into operation for some purposes of that provision but not for others, and
b
that date is on or before the commencement date,
then the paragraph mentioned in column 2 of the Table opposite that provision shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the relevant appointed day.
3
In this paragraph—
“the commencement date”, means the date on which the provisions of this Act other than those mentioned in subsection (3) of section 186 come into operation by virtue of an order under subsection (2) of that section;
“the appointed day”, in relation to a provision mentioned in column 1 of the Table in sub-paragraph (1), means—
- a
in the case mentioned in sub-paragraph (1)(a), such day as may be appointed for the purposes of that provision by order for the purpose of that provision—
- a
i
in the case of the F429provision mentioned in paragraph (i) of that Table, by the Department;
ii
in the case of the provision mentioned in paragraph (vi) of that Table, by the Lord Chancellor or by the Secretary of State, or by both acting jointly;
iii
in the case of the provision mentioned in paragraph (vii) of that Table, by the Lord Chancellor;
iv
in the case of the provision mentioned in paragraphs (viii) to (x) of that Table, by the Treasury; and
v
in the case of the provisions mentioned in paragraphs (xi) to (xiii) of that Table, by the appropriate Minister (within the meaning of section 30(1) of the Judicial Pensions and Retirement Act 1993); and
b
in the case mentioned in sub-paragraph (1)(b), the day appointed as the day on which that provision is to come into operation.
4
An order under sub-paragraph (3) may—
a
appoint different days for different provisions or for different purposes of the same provision;
b
in the case of an order appointing a day until which paragraph 2 has effect, may make such transitional provision or savings as appear to the Department to be necessary or expedient in connection with section 159(9), and may make such adaptations of that section or of any provision of this Act deriving from the M82Social Security Act 1973 as appear to the Department to be necessary or expedient in consequence of the postponed (or partly postponed) operation of that section (whether before on or after the day appointed by the order);
c
in the case of an order appointing a day until which paragraph 5 has effect, may contain such incidental, supplemental or transitional provisions or savings as the person making it considers expedient;
d
in the case of an order appointing a day until which paragraph 7 has effect, may make such transitional provision or savings (whether or not involving the modification of any statutory provision) as appear to the Treasury necessary or expedient in connection with the bringing into operation of the words which have effect by virtue of that order;
e
in the case of an order appointing a day until which paragraph 8 has effect, may make such transitional, consequential, supplementary or incidental provision or savings (whether or not involving the modification of the operation of the M83Judicial Pensions and Retirement Act 1993 or any other enactment) as appear to the appropriate Minister (within the meaning of section 30(1) of that Act) to be necessary or expedient for the purposes of, or in connection with, the bringing into operation of the provisions which have effect by virtue of that order;
and in sub-paragraph (2) “the relevant appointed day”, in relation to any purpose of a provision, means the day appointed as the day on which the provision is to come into operation for that purpose.
F4305
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The Treasury may by regulations make such transitional and consequential provisions and such savings as they consider necessary or expedient in preparation for, or in connection with, or in consequence of, the coming into operation of the words which come into operation when paragraph 7 ceases to have effect, and such regulations may make modifications of any enactment contained in the M84Friendly Societies Act 1992 or in any other Act.
Rule against perpetuities
2
Section 159(9) shall be omitted.
Limited price indexation
F4313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guaranteed minimum for married women and widows paying reduced rate contributions
F4324
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Courts and legal services
F10265
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judicial pensions (Northern Ireland)
F10166
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Friendly societies
7
1
In section 158(1), before the words “group insurance” there shall be inserted the word “
approved
”
.
2
In section 158(4)(a) for the words “Friendly Societies Act 1974” there shall be substituted the words “
Friendly Societies Act (Northern Ireland) 1970
”
.
3
For section 158(4)(c), there shall be substituted—
c
“approved group insurance business” has the same meaning as in paragraph 11(2) of Schedule 5 to that Act.
4
In section 180(1), for the words “Chief Registrar of Friendly Societies” there shall be substituted the words “
Registrar of Friendly Societies for Northern Ireland
”
.
Judicial pensions
8
F9871
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Section 142(3) shall be omitted.
3
In Schedule 5, paragraph 17(3)(l) shall be omitted.
TABLE OF DERIVATIONS
1Notes:
This Table shows the derivation of the provisions of the consolidation.
2
The following abbreviations are used in this Table:—
1975A | = Social Security (Northern Ireland) Act 1975 (c. 15) |
1992 | = Social Security Administration (Northern Ireland) Act 1992 (c. 8) |
1992CP | = Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9) |
1975P | = Social Security Pensions (Northern Ireland) Order 1975 (NI 15) |
1976 | = Industrial Relations (Northern Ireland) Order 1976 (NI 16) |
1977 | = Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977 (NI 11) |
1980 | = Social Security (Northern Ireland) Order 1980 (NI 8) |
1981 | = Social Security (Northern Ireland) Order 1981 (NI 25) |
1982 | = Social Security (Northern Ireland) Order 1982 (NI 16) |
1984 | = Health and Social Security (Northern Ireland) Order 1984 (NI 8) |
1985 | = Social Security (Northern Ireland) Order 1985 (NI 16) |
1986 | = Social Security (Northern Ireland) Order 1986 (NI 18) |
1988 | = Social Security (Northern Ireland) Order 1988 (NI 2) |
1989 | = Social Security (Northern Ireland) Order 1989 (NI 13) |
1989I | = Insolvency (Northern Ireland) Order 1989 (NI 19) |
1990 | = Social Security (Northern Ireland) Order 1990 (NI 15) |
1993 | = Social Security (Northern Ireland) Order 1993 (NI 2) |
SR 1987 | = Personal and Occupational Pension Schemes (Modification of Enactments) Regulations (Northern Ireland) 1987 (No. 294) |
3
The letter M followed by a number indicates that the provision gives effect to the paragraph bearing that number in the Memorandum under the Consolidation of Enactments (Procedure) Act 1949 relating to the consolidation for Northern Ireland of certain enactments relating to pension schemes (HC 645; HL 84).
4
The entry “drafting” indicates a provision of a mechanical or editorial nature only affecting the arrangement of the consolidation.
5
The Table does not show the effect of the saving by paragraph 10 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9), which preserves provisions of the Social Security (Northern Ireland) Act 1975 (c. 15) as that Act continues to operate for the purposes of the Social Security Pensions (Northern Ireland) Order 1975 (NI 15) by virtue of Article 2(3) of that Order.
Provision | Derivation |
|---|---|
1 | 1975P art. 2(2); 1980 art. 5(1); 1986 art. 2(2). |
2(1) | 1975P art. 69J(2); 1990 art. 15(1). |
(2) | 1975P art. 69J(3); 1990 art. 15(1). |
(3) | 1975P art. 69J(5); 1990 art. 15(1). |
(4) | 1975P art. 69J(1); 1990 art. 15(1). |
3(1) | 1975P arts. 32(1)(pt.), 33(1)(pt.); 1986 arts. 3(8)(pt.), 4(1)(a). |
(2) | 1975P art. 33(1)(pt.). |
(3) | 1975P art. 34(1). |
(4) | 1986 art. 3(8)(pt.). |
(5) | 1986 art. 4(6). |
(6) | 1986 art. 4(1)(c). |
(7) | 1975P art. 33(7)(pt.); 1986 art. 4(5)(pt.). |
4(1) | 1975P arts. 32(1)(pt.); 33(1)(pt.); 1986 Sch. 2 para. 5(a), Sch. 9 para. 6. |
(2) | 1975P arts. 28(2), 32(1A), (1B); 1986 art. 11(4)(a), Sch. 2 para. 5(b), Sch. 9 para. 3(b). |
(3) | 1975P art. 32(1C); 1986 Sch. 2 para. 5(b). |
(4) | 1975P art. 32(3). |
(5) | 1975P art. 32(4). |
5(1) | 1975P art. 34(2)(pt.); 1986 Sch. 2 para. 6(a). |
(2) | 1975P art. 34(2)(pt.); 1986 art. 11(4)(b), Sch. 9 para. 7(a). |
(3) | 1975P art. 34(2A); 1986 Sch. 2 para. 6(b). |
(4) | 1975P art. 34(5). |
(5) | 1986 art. 4(2), Sch. 1 para. 6; SR 1987 reg. 2(1). |
(6) | 1975P art. 34(2)(b), (2A)(c); 1986 Sch. 2 para. 6; SR 1987 reg. 2(1). |
6(1) | 1986 Sch. 1 para. 7(1). |
(2) | 1975P art. 32(2B)(c); 1986 Sch. 1 para. 7(2), Sch. 2 para. 6(b). |
(3) | 1986 Sch. 1 para. 7(2). |
7(1), (2) | 1975P art. 33(3). |
(3), (4) | 1975P art. 33(4). |
(5) | 1975P art. 33(5). |
8(1), (2) | 1975P art. 34(2C); 1986 Sch. 2 para. 6(b). |
(3) | 1975P art. 34(2D); 1986 Sch. 2 para. 6(b). |
9(1) | 1975P art. 35(1); 1986 Sch. 2 para. 7(1)(a). |
(2) | 1975P art. 35(1A); 1986 Sch. 9 para. 8; 1990 Sch. 4 para. 6(1); 1992CP Sch. 2 para. 14(11). |
(3) | 1975P art. 35(2). |
(4), (5) | 1975P art. 35(3). |
(6), (7), (8) | 1975P art. 35(5) – (7). |
10(1) | 1975P art. 37(1). |
(2) | 1975P art. 37(2); 1986 Sch. 8 para. 6. |
(3) | 1975P art. 37(2ZA); 1990 Sch. 4 para. 6(2); 1992CP Sch. 2 para. 14(12). |
(4) | 1975P art. 37(2A); 1989 Sch. 6 para. 1. |
(5), (6) | 1975P art. 37(3); 1986 art. 11(1). |
(7) | 1975P art. 37(4). |
(8) | 1975P art. 37(9)(pt.). |
11(1), (2) | 1975P art. 37(6); 1977 art. 4(2). |
(3), (4) | 1975P art. 37(6A), (6B); 1986 art. 11(2). |
12(1) | 1975P art. 37(5); Social Security (Northern Ireland) Order 1979 (NI 5) Sch. 3 para. 19(a); 1988 Sch. 2 para. 1(2), (3); 1992CP Sch. 2 para. 14(13). |
(2) | 1975P art. 37(7)(pt.); 1985 Sch. 3 paras. 2, 7. |
(3) | 1975P art. 37(7)(pt.); Social Security (Northern Ireland) Order 1979 (NI 5) Sch. 3 para. 19(b); 1992CP Sch. 2 para. 14(13). |
(4) | 1975P art. 37(8); 1985 Sch. 3 para. 8(a). |
(5) | 1975P art. 37(9)(pt.). |
13(1) | 1975P art. 38(1); 1986 art. 11(3)(a), Sch. 2 para. 7(1)(b). |
(2) – (4) | 1975P art. 38(3); 1986 art. 11(3)(b). |
(5) | 1975P art. 38(6), (8); 1992CP Sch. 2 para. 14(14). |
(6) | 1975P art. 38(7A), (8); 1986 art. 11(3)(c), (4)(c). |
(7) | 1975P art. 38(7B); 1986 art. 11(3)(c). |
14(1) | 1975P art. 70A; Social Security (Northern Ireland) Order 1979 (NI 5) art. 14. |
(2) | 1975P art. 70B; 1988 Sch. 2 para. 2. |
15(1) | 1975P art. 53C(1)(pt.); 1985 Sch. 1 para. 2; 1986 Sch. 9 para. 17(1); 1989 Sch. 6 para. 9. |
(2) | 1975P art. 53C(2); 1985 Sch. 1 para. 2; 1986 Sch. 9 para. 17(1). |
(3), (4) | 1975P art. 53C(4); 1985 Sch. 1 para. 2; 1990 Sch. 4 para. 9. |
(5) | 1975P art. 53C(5); 1985 Sch. 1 para. 2; 1986 Sch. 9 para. 17(2); M1. |
(6) | 1975P art. 53C(6); 1985 Sch. 1 para. 2. |
(7) | 1975P art. 53C(7)(pt.); 1985 Sch. 1 para. 2. |
16(1) | 1975P art. 40(1); 1986 Sch. 9 para. 9. |
(2) – (5) | 1975P art. 40(1A) – (1D); 1984 art. 13(1). |
(6) | 1975P art. 40(3); 1986 art. 11(4)(d). |
17(1) | 1975P art. 41(1). |
(2) | 1975P art. 41(4); 1986 art. 11(4)(e). |
18 | 1975P art. 42(1). |
19(1) | 1975P art. 42(2)(pt.); 1985 Sch. 5 para. 12(a); 1986 Sch. 2 para. 7(3)(a). |
(2), (3) | 1975P art. 42(3)(pt.); 1977 art. 18(8); 1986 Sch. 2 para. 7(1)(c). |
(4) | 1975P arts. 42(2)(pt.), (3)(pt.); 1985 Sch. 5 para. 12(a). |
(5) | 1975P art. 53D(4); 1985 Sch. 1 para. 2; 1986 art. 11(4)(h). |
(6) | 1975 art. 42(3)(pt.). |
(7) | 1975P art. 42(4); 1986 Sch. 2 para. 7(1)(c). |
20(1), (2) | 1975P arts. 43(1), 53D(4); 1985 Sch. 1 para. 2, Sch. 5 para. 12(b); 1986 art. 11(4)(h). |
(3) | 1975P art. 43(1A); 1985 Sch. 5 para. 13. |
(4) | 1975P art. 43(5)(pt.). |
21(1) | 1975P art. 43(5)(pt.). |
(2) | 1975P art. 43(2)(pt.). |
(3) | 1975P art. 43(3). |
22 | 1986 Sch. 1 para. 2. |
23(1) | 1986 Sch. 1 para. 7(3). |
(2) | 1986 Sch. 1 para. 7(4)(a); 1989 Sch. 6 para. 16(2). |
(3) | 1986 Sch. 1 para. 7(4)(b). |
24(1) | 1986 Sch. 1 para. 8; 1989 Sch. 6 para. 17(1). |
(2) | 1975P art. 34(2B)(a), (d); 1986 Sch. 1 para. 9(1), Sch. 2 para. 6(b); 1990 Sch. 4 para. 5. |
(3) | 1975P art. 34(2B)(a), (d); 1986 Sch. 1 para. 9(2), Sch. 2 para. 6(b); 1989 Sch. 6 para. 17(2); 1990 Sch. 4 para. 5. |
(4) – (6) | 1975P art. 34(2B)(a), (d); 1986 Sch. 1 para. 9(3) – (5), Sch. 2 para. 6(b); 1990 Sch. 4 para. 5. |
(7) | 1975P art. 34(2B)(a), (d); 1986 Sch. 1 para. 9(6), Sch. 2 para. 6(b); 1990 Sch. 4 para. 5. |
25(1) | 1975P art. 34(2B)(a), (d); 1986 Sch. 1 para. 9(7), Sch. 2 para. 6(b); 1990 Sch. 4 para. 5. |
(2) | 1975P art. 34(2B)(a), (d); 1986 Sch. 1 para. 9(7A), Sch. 2 para. 6(b); 1989 Sch. 6 para. 17(3); 1990 Sch. 4 para. 5. |
(3), (4) | 1975P art. 34(2B)(a), (d); 1986 Sch. 1 para. 9(8), (9), Sch. 2 para. 6(b); 1990 Sch. 4 para. 5. |
26 | 1975P art. 34(2B)(a), (e); 1986 Sch. 1 para. 10, Sch. 2 para. 6(b). |
27(1) | 1975P art. 34(2B)(a); 1986 Sch. 1 para. 3, Sch. 2 para. 6(b). |
(2) | 1975P art. 34(2B)(a); 1986 Sch. 1 para. 4, Sch. 2 para. 6(b). |
(3) | 1975P art. 34(2B)(a), (b); 1986 Sch. 1 para. 5(1)(pt.), Sch. 2 para. 6(b). |
(4) | 1975P art. 34(2B)(a), (b); 1986 Sch. 1 para. 5(1)(pt.)(2), Sch. 2 para. 6(b). |
28 | 1975P art. 34(2B)(a); 1986 Sch. 1 para. 11, Sch. 2 para. 6(b). |
29 | 1975P art. 34(2B)(a); 1986 Sch. 1 para. 12, Sch. 2 para. 6(b). |
30(1) | 1975P art. 33(2); 1986 art. 4(1)(b). |
(2) | 1975P art. 33(6). |
(3) | 1975P art. 34(3); 1986 art. 4(4). |
(4) | 1975P art. 34(4). |
(5) | 1986 art. 4(3). |
(6) | 1980 art. 4(9)(pt.). |
(7) | 1975P art. 43(2)(pt.), (5)(pt.). |
(8) | 1975P art. 33(7); 1986 art. 4(5)(pt.). |
31(1) | 1975P art. 52A(1); 1982 art. 33. |
(2) | 1975P art. 52A(3); 1982 art. 33. |
(3) | 1975P art. 52A(4); 1982 art. 33. |
(4) | 1975P art. 52A(9); 1982 art. 33. |
(5) | 1975P art. 52A(11)(pt.); 1982 art. 33. |
(6) | 1975P art. 52A(12); 1982 art. 33. |
32(1) | 1975P art. 52A(2); 1982 art. 33. |
(2) | 1975P art. 52A(3); 1982 art. 33. |
(3) | 1975P art. 52A(5); 1982 art. 33. |
(4) | 1975P art. 52A(6); 1982 art. 33. |
(5), (6) | 1975P art. 52A(9), (10); 1982 art. 33. |
(7) | 1975P art. 52A(11)(pt.); 1982 art. 33. |
33(1) | 1975P art. 51(1)(pt.); 1980 art. 4(9)(pt.). |
(2) | 1975P art. 51(1A); 1986 Sch. 9 para. 16(b). |
(3) | 1975P art. 51(1)(pt.). |
(4) | 1975P art. 51(2). |
(5) | 1975P art. 51(3); 1986 Sch. 2 para. 11. |
(6) | 1986 art. 11(6)(pt.). |
34(1) | 1975P art. 51(1); SR 1987 reg. 2(4). |
(2) | 1975P art. 51(1A)(b); 1986 Sch. 9 para. 16(b); SR 1987 reg. 2(5). |
(3) | 1975P art. 51(1); SR 1987 reg. 2(4). |
(4) | 1975P art. 51(2); SR 1987 reg. 2(4). |
(5) | 1975P art. 51(3); SR 1987 reg. 2(6). |
(6) | 1975P art. 51(1); 1986 Sch. 9 para. 16(a); SR 1987 reg. 2(4). |
(7) | SR 1987 reg. 2(7). |
35 | 1975P art. 53; SR 1987 reg. 2(11). |
36 | 1975P art. 28(1), (1A); 1986 Sch. 2 para. 3, Sch. 9 para. 3; 1992CP Sch. 2 para. 14(4), (5). |
37(1) | 1975P art. 29(1) – (3); 1985 Sch. 5 para. 9; Social Security (Class 1 Contributions – Contracted-out Percentages) Order (NI) 1992 (No. 142) art. 2. |
(2) | 1975P art. 29(4); 1986 Sch. 9 para. 4. |
(3) | 1975P art. 29(5); 1992CP Sch. 2 para. 14(6). |
38 | 1975P art. 30; 1985 Sch. 5 para. 10. |
39(1) | 1986 art. 3(1). |
(2) – (6) | 1986 art. 3(3) – (7). |
40 | 1986 art. 3(9) – (11). |
41(1) | 1986 art. 5(1)(a), (3), (4). |
(2) | 1986 art. 5(1)(aa); 1993 art. 3(1)(a). |
(3) | 1986 arts. 3(2), 5(5); 1993 arts. 3(2), 5(c). |
42(1) | 1975P art. 31(1); 1986 art. 19(1), Sch. 9 para. 5(a); 1992CP Sch. 2 para. 14(7). |
(2) | 1975P art. 31A(1); 1992CP Sch. 2 para. 14(10). |
(3) | 1975P art. 31A(2); 1992CP Sch. 2 para. 14(10). |
(4), (5) | 1975P art. 31B(1), (2); 1992CP Sch. 2 para. 14(10). |
(6), (7) | 1975P art. 31C(1), (2); 1992CP Sch. 2 para. 14(10). |
(8) | 1975P arts. 31(3), 31A(3), 31B(3), 31C(3); 1992CP Sch. 2 para. 14(10). |
(9) | 1975P art. 31A(4); 1992CP Sch. 2 para. 14(10). |
43(1) | 1986 art. 11(5); 1992CP Sch. 2 para. 32(3). |
(2) | 1975P art. 31(2)(c), (d); 1986 Sch. 9 para. 5(b)(i); 1989 Sch. 1 para. 11; 1992CP Sch. 2 para. 14(8). |
(3), (4) | 1975P art. 53D(1); 1985 Sch. 1 para. 2; 1986 art. 11(4)(h), Sch. 9 para. 18(1), (2); 1992 para. 14(18). |
(5) | 1975P art. 31(2)(a), (b); 1986 Sch. 9 para. 5(b); 1989 Sch. 1 para. 11; 1992CP Sch. 2 para. 14(8). |
44(1), (2) | 1975P art. 31(2A); 1986 art. 6(1), Sch. 2 para. 4; 1992CP Sch. 2 paras. 14(8), 32(2). |
(3) | 1975P art. 31(2B); 1986 Sch. 2 para. 4. |
(4) | 1975P art. 31(2C); 1986 art. 6(2), Sch. 2 para. 4. |
45 | 1975A s. 125(1); 1975P art. 2(3); 1992CP Sch. 2 para. 14(2), Sch. 3 para. 10. |
46(1) | 1975P arts. 46(1), 46ZA(1); 1986 art. 7(1), Sch. 2 paras. 7(1)(f), 8, Sch. 9 para. 14(1). |
(2), (3) | 1975P arts. 46(1C), (1D), 46ZA(2), (3); 1986 art. 7(2), (3), Sch. 2 para. 8, Sch. 9 para. 14(2). |
(4), (5) | 1975P arts. 46(1A), (1B); 1984 art. 13(2)(a). |
(6) | 1980 art. 4(6)(a)(pt.). |
(7) | 1975P art. 46(4); 1977 art. 17(1); drafting (pt.). |
47(1) – (3) | 1977 art. 17(1); 1980 art. 4(3); 1985 Sch. 3 para. 6, 7(1); 1986 Sch. 8 para. 9; 1989 Sch. 6 para. 13; 1992CP Sch. 2 para. 17(1). |
(4) | 1977 art. 17(2). |
(5) | Drafting. |
48(1) | Drafting. |
(2) | 1975P art. 50(1); 1986 Sch. 2 para. 10(a); SR 1987 reg. 2(2). |
(3) | 1975P art. 50(1); 1986 Sch. 2 para. 10(a); SR 1987 reg. 2(2), Sch. 1 para. 1. |
(4) | 1975P arts. 50(1), 53D(4); 1985 Sch. 1 para. 2; 1986 art. 11(4)(h); SR 1987 reg. 2(2), Sch. 1 para. 1. |
(5) | 1975P art. 50(1); 1986 Sch. 2 para. 10(a); SR 1987 reg. 2(2). |
(6) | 1975P art. 50(1); SR 1987 Sch. 1 para. 1(c). |
49(1), (2) | 1975P art. 50(2); 1986 Sch. 2 para. 10(b). |
(3) | 1975P art. 50(2A); 1986 Sch. 9 para. 15. |
(4), (5) | 1975P art. 50(5); 1986 Sch. 2 para. 10(c). |
50(1) | 1975P art. 50(2); SR 1987 Sch. 1 para. 2. |
(2) | 1975P art. 50(2A); 1986 Sch. 9 para. 15; SR 1987 Sch. 1 para. 3. |
(3) | 1975P art. 50(5); SR 1987 Sch. 1 para. 4. |
51(1) | 1975P art. 46(2), 46ZA(4)(pt.); 1985 Sch. 5 para. 19; 1986 art. 7(4)(pt.), (6), Sch. 2 para. 8, Sch. 9 para. 14(3). |
(2) | 1975P art. 44(1), (3); 1985 Sch. 5 para. 17(a)(i); 1986 Sch. 2 para. 7(1)(e), Sch. 9 para. 12. |
(3) | 1975P art. 46A(1)(pt.); 1985 Sch. 1 para. 1; 1986 Sch. 2 para. 7(1)(g); 1989 Sch. 6 para. 7. |
(4), (5) | 1975P art. 47(1), (6); 1977 art. 18(7); 1985 Sch. 5 para. 17(c); 1986 Sch. 2 para. 7(1)(h). |
(6) | 1975P arts. 44(1), 46(3)(pt.), 46ZA(5), 46A(2), 47(1); 1985 Sch. 1 para. 1; 1986 art. 7(5), Sch. 2 para. 8. |
52(1) | 1975P art. 46ZA(4)(pt.); 1986 art.7(4)(pt.), Sch. 2 para. 8. |
(2) | 1975P art. 45(6)(pt.), 46(3)(pt.), 46ZA(6), 46A(1)(pt.), 47(2); 1985 Sch. 1 para. 1; 1986 art. 7(7), Sch. 2 para. 8. |
(3) | 1980 art. 4(6)(b). |
(4) | 1975P art. 45(2). |
(5) | 1975P art. 45(3). |
(6) | 1975P arts. 45(8), 47(6)(pt.). |
53(1) | 1975P art. 45(6)(pt.). |
(2) | 1975P art. 45(4)(pt.); 1985 Sch. 5 para. 17(1)(b)(i). |
(3) | 1975P art. 45(5). |
(4) | 1975P art. 45(4)(pt.); 1985 Sch. 5 para. 17(1)(b)(i), (2). |
54(1), (2) | 1975P art. 46(5)(pt.); 1986 Sch. 9 para. 14(4). |
(3) | 1975P art. 46ZA(7)(pt.); 1986 art.7(8)(pt.), Sch. 2 para. 8. |
(4) | 1975P art. 45(1)(pt.). |
(5) | 1975P art. 46A(3); 1985 Sch. 1 para. 1. |
(6) | 1975P art. 47(2)(pt.). |
(7) | 1975P art. 45(2). |
55(1), (2) | 1975P art. 46(6)(pt.), 46A(3); 1980 art. 4(7); 1985 Sch. 1 para. 1, Sch. 3 paras. 4, 7; 1992CP Sch. 2 para. 14(16). |
(3) | 1977 art. 17(2); 1980 Sch. 3 para. 9. |
(4) | 1975P art. 47(3); 1985 Sch. 3 paras. 5, 7; 1986 Sch. 8 para. 8; 1992CP Sch. 2 para. 14(16). |
(5) | 1975P art. 47(3); 1989 Sch. 6 para. 8(b). |
(6) | 1975P art. 46(6)(pt.); 1980 art. 4(7). |
56(1), (2) | 1975P art. 46(9); 1986 art. 11(4)(g). |
(3) | 1975P art. 46ZA(8); 1986 art. 7(9), Sch. 2 para.8. |
(4), (5) | 1975P art. 45(7). |
(6) | 1975P art. 46A(4); 1985 Sch. 1 para. 1. |
(7) – (10) | 1975P art. 46ZA(9) – (12); 1986 art. 7(10) – (13), Sch. 2 para. 8. |
57(1), (2) | 1975P art. 48(1), (2), (12); 1977 art. 18(14). |
(3) – (7) | 1975P art. 48(3) – (7). |
(8) | 1975P art. 48(8); 1977 art. 18(14). |
(9), (10) | 1975P art. 48(10). |
(11) | 1975P art. 48(11). |
58(1) | 1975P art. 48(9). |
(2) | 1975P art. 48(9A); 1985 Sch. 5 para. 21. |
59(1) | 1975P arts. 45(1), 46(5), 46ZA(14), 47(2), 48(2); 1986 art. 7(15), Sch. 2 para. 8, Sch. 9 para. 14(4). |
(2) | 1975P art. 46ZA(7), (9)(a)(i); 1986 art. 7(8), (10)(a)(i), Sch. 2 para. 8. |
(3) | 1975P arts. 45(1B), 46(5A); 1989 Sch. 6 paras. 5(1), 6(1). |
(4) | 1975P arts. 45(1C), 46(5B); 1986 Sch. 9 para. 14(5); 1989 Sch. 6 para. 5(1). |
(5) | 1975P art. 45(1), 46(8), 46ZA(14)(b), 47(5), 48(2); 1986 art. 7(15)(b), Sch. 2 para. 8, Sch. 9 para. 14(4). |
60(1), (2) | 1975P art. 46(7), 46A(3)(b), 46ZA(14)(a), 47(4)(pt.); 1985 Sch. 1 para. 1; 1986 art. 7(15)(a), Sch. 2 para.8. |
(3) | 1975P art. 47(4)(a). |
61 | 1975P art. 46(10); 1984 art. 13(2)(b). |
62 | 1986 art. 11(6). |
63(1) | 1975P art. 70ZB; 1992CP Sch. 2 para. 14(21). |
(2) | 1975P art. 70ZD; 1992CP Sch. 2 para. 14(21). |
(3), (4) | 1975P art. 70ZE(1), (2); 1992CP Sch. 2 para. 14(21). |
64 | 1975P art. 70ZF; 1992CP Sch. 2 para. 14(21). |
65(1), (2) | 1975P art. 59(1)(pt.); drafting. |
(3) | 1975P arts. 42(1), 59(4)(a)(pt.). |
66 | 1975P Sch. 3 para. 2; 1989 Sch. 6 para. 12(a); 1990 Sch. 4 para. 12(4)(a). |
(2), (3) | 1975P Sch. 3 para. 3. |
67(1), (2) | 1975P Sch. 3 para. 6(1); 1986 art. 12; 1990 Sch. 4 para. 12(1); SR 1987 reg. 3(6). |
(3) – (6) | 1975P Sch. 3 para. 6(2) – (5). |
(7), (8) | 1975P Sch. 3 para. 7(1); 1986 art. 12. |
(9) | 1975P Sch. 3 para. 7(2); 1986 art. 12. |
68 | 1975P Sch. 3 para. 8. |
69(1) | 1975P Sch. 3 para. 9(1). |
(2) | 1975P Sch. 3 para. 9(2); SR 1987 reg. 3(7); Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (NI) 1990 (No. 203) reg. 9(3). |
(3) | 1975P Sch. 3 para. 9(2A); 1985 Sch. 5 para. 26. |
(4), (5) | 1975P Sch. 3 para. 9(3), (4). |
70(1), (2) | 1975P Sch. 3 para. 10(1), (2). |
(3), (4), (5) | 1975P Sch. 3 para. 10(3). |
(6) | 1975P Sch. 3 para. 11. |
(7), (8) | 1975P Sch. 3 para. 12(1), (2). |
71(1) | 1975P Sch. 3 para. 5. |
(2) | 1975P Sch. 3 para. 13(1). |
(3), (4) | 1975P Sch. 3 para. 13(2). |
(5) | 1975P Sch. 3 para. 13(3). |
(6), (7) | 1975P Sch. 3 para. 13(4), (5). |
72 | 1975P Sch. 3 para. 14. |
73(1) | 1975P Sch. 3 para. 15(1). |
(2) | 1975P Sch. 3 para. 15(1A); 1985 Sch. 5 para. 27. |
(3) | 1975P Sch. 3 para. 15(2); 1989 Sch. 6 para. 12(b). |
(4) | 1975P Sch. 3 para. 15(3); 1989 Sch. 6 para. 12(b); SR 1987 reg. 3(8); Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (NI) 1990 (No. 203) reg. 9(3). |
(5) | 1975P Sch. 3 para. 15(4)(pt.). |
(6) | 1975P Sch. 3 para. 15(4)(pt.); 1989 Sch. 6 para. 12(c); 1990 Sch. 4 para. 12(3). |
74(1), (2) | 1975P Sch. 3 para. 16(1), (2). |
(3), (4) | 1975P Sch. 3 para. 16(3); 1989 Sch. 6 para. 12(c). |
(5) | 1975P Sch. 3 para. 16(4); Official Secrets Act 1989 (c. 6) Sch. 1 para. 1(g). |
(6) | 1975P Sch. 3 para. 17(1); 1989 Sch. 6 para. 12(d); 1990 Sch. 4 para. 12(4)(b). |
(7) | 1975P Sch. 3 para. 17(2). |
75(1), (2) | 1975P Sch. 3 para. 18(1). |
(3), (4) | 1975P Sch. 3 para. 18(2). |
76 | 1975P Sch. 3 paras. 15(5), 19. |
77 | 1975P art. 53C(1)(pt.); 1985 Sch. 1 para. 2; 1986 Sch. 9 para. 17; 1989 Sch. 6 para. 9. |
78(1) | 1975P Sch. 3 para. 20. |
(2) | 1975P Sch. 3 para. 22. |
79(1) | 1975P Sch. 1A para. 1(1), (2), (4); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 1(a). |
(2) | 1975P Sch. 1A para. 1(3); 1985 Sch. 1 para. 3. |
(3) | SR 1987 Sch. 4 para. 1(a). |
80(1) | 1975P Sch. 1A para. 2(1); 1985 Sch. 1 para. 3. |
(2) | 1975P Sch. 1A paras. 3(3), (4), 4(3), (4); 1985 Sch. 1 para. 3. |
(3) | 1975P Sch. 1A para. 5(3); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 paras. 2, 3. |
(4) | Drafting; 1975P art. 2(2); 1986 art. 2(2), Sch. 2 para. 2(a). |
(5) | 1975P Sch. 1A para. 8; 1985 Sch. 1 para. 3; 1986 art. 11(4)(i); 1989 Sch. 6 para. 14(b); 1992CP Sch. 2 para. 14(25). |
81 | 1975P Sch. 1A para. 6; 1985 Sch. 1 para. 3. |
82(1) | 1975P Sch. 1A paras. 9, 19; 1985 Sch. 1 para. 3. |
(2) | 1975P Sch. 1A para. 10; 1985 Sch. 1 para. 3. |
83(1) | 1975P art. 43A(1)(pt.); 1984 Sch. 4; 1986 Sch. 2 para. 7(1)(d). |
(2) | 1975P art. 43B(1)(pt.); 1984 Sch. 4; 1986 art. 11(4)(f). |
(3) | 1975P arts. 43A(1)(pt.), 43B(1)(pt.); 1984 Sch. 4; 1985 art. 8(1), (3); 1986 art. 11(4)(f); 1990 Sch. 4 para. 7(8). |
(4) | 1975P arts. 43A(1C), 43B(1A); 1984 Sch. 4; 1985 art. 8(2), (4); 1986 art. 11(4)(f); 1990 Sch. 4 para. 7(2), (5); M1. |
(5) | 1975P arts. 43A(6), 43B(5); 1984 Sch. 4; 1985 Sch. 5 paras. 15(b), 16(b). |
(6) | 1975P arts. 43A(10); 1984 Sch. 4. |
(7) | 1975P art. 43C(6); 1984 Sch. 4. |
84(1), (2) | 1975P arts. 43A(3), 43B(3); 1984 Sch. 4; 1985 art. 8(5); 1986 art. 11(4)(f). |
(3) | 1975P art. 43A(4); 1984 Sch. 4; 1986 Sch. 9 para. 11. |
(4) | 1975P art. 43A(5); 1984 Sch. 4. |
(5) | 1975P art. 43A(7); 1984 Sch. 4. |
85 | 1975P arts. 43A(2), 43B(2); 1984 Sch. 4; 1985 Sch. 5 paras. 15(a), 16(a); 1986 art. 11(4)(f). |
86 | 1975P arts. 43A(2A), (2B), 43B(3A), (3B); 1984 Sch. 4; 1990 Sch. 4 para. 7(3), (6). |
87(1) | 1975P art. 43A(8); 1984 Sch. 4. |
(2) | 1975P art. 43A(9); 1984 Sch. 4. |
88(1) | 1975P art. 43C(4); 1984 Sch. 4. |
(2) – (4) | 1975P art. 43C(4A) – (4C); 1984 Sch. 4; 1985 Sch. 3 para. 3; 1992CP Sch. 2 para. 14(16). |
(5) | 1975P art. 43C(5); 1984 Sch. 4. |
89(1) | 1975P Sch. 1A para. 11(1); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 7(a). |
(2) | 1975P Sch. 1A para. 11(3); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 7(c). |
90(1) | 1975P Sch. 1A para. 12(1); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 8(a). |
(2) | 1975P Sch. 1A para. 12(2); 1985 Sch. 1 para. 3; 1988 Sch. 2 para. 3(a); SR 1987 Sch. 4 para. 8(b). |
91(1) | 1975P Sch. 1A paras. 13(1), (2)(pt.), 16(1); 1985 Sch. 1 para. 3; SR 1987 reg. 2(10). |
(2) | 1975P Sch. 1A paras. 13(2)(pt.), 16(1); 1985 Sch. 1 para. 3; 1986 art. 11(4)(i), Sch. 9 para. 24(c)(i); SR 1987 Sch. 4. para. 9(a), Sch. 6 para. 1. |
(3) | 1975P Sch. 1A paras. 13(2)(pt.), 16(1); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 9(a), (b). |
(4) | 1975P Sch. 1A para. 13(2)(b); 1985 Sch. 1 para. 3; SR 1987 Sch. 6 para. 2. |
(5) | 1975P Sch. 1A para. 13(3); 1985 Sch. 1 para. 3. |
(6) | 1975P Sch. 1A para. 13(2A); 1985 Sch. 1 para. 3; 1986 art. 11(4)(i), Sch. 9 para. 24(c); 1989 Sch. 6 para. 14(b). |
(7), (8) | 1975P Sch. 1A para. 15(1)(2); 1985 Sch. 1 para. 3. |
(9) | 1975P Sch. 1A para. 16(8); 1985 Sch. 1 para. 3. |
92(1) | 1975P Sch. 1A para. 13(4)(pt.); 1985 Sch. 1 para. 3. |
(2) | 1975P Sch. 1A para. 13(5); 1985 Sch. 1 para. 3; 1986 Sch. 9 para. 24(c)(iii); SR 1987 Sch. 4 para. 9(c), Sch. 6 para. 3; Personal and Occupational Pension Schemes (Transfer to Self-employed Pension Arrangements) Regulations (NI) 1988 (No. 214) reg. 4(2)(b). |
(3) | 1975P Sch. 1A para. 13(4)(pt.), (5), (6); 1985 Sch. 1 para. 3; 1986 art. 11(4)(i); 1989 Sch. 6 para. 14(b); SR 1987 Sch. 4 para. 9(d), Sch. 6 para. 4. |
93(1) | 1975P Sch. 1A para. 14(1); 1985 Sch. 1 para. 3; 1986 Sch. 9 para. 24(d)(i). |
(2) | 1975P Sch. 1A para. 14(3); 1985 Sch. 1 para. 3; 1986 Sch. 9 para. 24(d)(iii); SR 1987 Sch. 4 para. 10(a). |
(3), (4) | 1975P Sch. 1A para. 14(4); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 10(b). |
94(1) | 1975P Sch. 1A para. 12(2A); 1985 Sch. 1 para. 3; 1986 Sch. 9 para. 24(a). |
(2) | 1975P Sch. 1A para. 12(2B); 1985 Sch. 1 para. 3; 1986 Sch. 9 para. 24(a). |
(3) | 1975P Sch. 1A para. 12(2C)(a); 1985 Sch. 1 para. 3; 1988 Sch. 2 para. 3(b). |
(4) | 1975P Sch. 1A para. 12(2C)(b); 1985 Sch. 1 para. 3; 1988 Sch. 2 para. 3(b). |
(5) | 1975P Sch. 1A para. 15(1); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 11. |
(6) | 1975P Sch. 1A paras. 15(2) (as it applies to personal pension schemes), 15(3)(c) (as it applies to occupational pension schemes); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 11. |
(7) | 1975P Sch. 1A para. 15(3)(a), (b); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 11. |
(8) | Drafting. |
95(1) | 1975P Sch. 1A para. 16(2); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 12(a), Sch. 6 para. 6. |
(2) | 1975P Sch. 1A para. 16(3); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 12(b). |
(3) | 1975P Sch. 1A para. 16(4); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 12(c). |
(4) | 1975P Sch. 1A para. 16(5); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 12(d), (e). |
(5), (6) | 1975P Sch. 1A para. 16(6), (7); 1985 Sch. 1 para. 3. |
96 | 1975P Sch. 1A para. 17; 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 13. |
97 | 1975P Sch. 1A para. 19; 1985 Sch. 1 para. 3. |
98(1) | 1975P art. 68A(2); 1990 art. 13(1). |
(2) | 1975P art. 68A(1), Sch. 4A para. 1; 1990 art. 13(1), Sch. 2. |
(3) | 1975P art. 68A(3), Sch. 4A para. 1; 1990 art. 13(1), Sch. 2. |
99(1) | 1975P Sch. 4A para. 2(1); 1990 Sch. 2. |
(2) | 1975P Sch. 4A para. 1; 1990 Sch. 2. |
(3) | 1975P Sch. 4A para. 2(2); 1990 Sch. 2. |
(4) | 1975P Sch. 4A para. 2(3); 1990 Sch. 2. |
100(1) | 1975P Sch. 4A para. 3(1)(pt.); 1990 Sch. 2. |
(2) | 1975P Sch. 4A para. 1; 1990 Sch. 2. |
(3) – (5) | 1975P Sch. 4A para. 3(2) – (4); 1990 Sch. 2. |
(6) | 1975P Sch. 4A para. 3(5)(pt.); 1990 Sch. 2. |
(7) | 1975P Sch. 4A para. 3(6); 1990 Sch. 2. |
(8) | 1975P Sch. 4A para. 3(1)(pt.), (5)(pt.); 1990 Sch. 2. |
(9) | 1975P Sch. 4A para. 3(8); 1990 Sch. 2. |
(10) | 1975P Sch. 4A para. 3(9); 1990 Sch. 2. |
101 | 1975P Sch. 4A para. 4; 1990 Sch. 2. |
102(1) | 1975P Sch. 4A para. 5(1)(pt.); 1990 Sch. 2. |
(2) | 1975P Sch. 4A para. 5(1)(pt.); 1990 Sch. 2. |
(3), (4) | 1975P Sch. 4A para. 5(2), (3); 1990 Sch. 2. |
103 | 1975P Sch. 4A para. 6; 1990 Sch. 2. |
104(1) | 1990 art. 13(3). |
(2) | 1990 art. 13(4). |
105 | 1975P art. 39A(1), (2); 1986 art. 11(7); 1992CP Sch. 2 para. 14(15). |
106(1) | 1975P art. 39A(3); 1986 art. 11(7). |
(2) | 1975P art. 39A(9); 1986 art. 11(7). |
(3) | 1975P art. 39A(10); 1986 art. 11(7). |
(4) | 1975P art. 39A(11), (12); 1986 art. 11(7). |
107(1), (2) | 1986 art. 14(1). |
(3) | 1986 art. 14(10A), (10B); Courts and Legal Services Act 1990 (c. 40) s. 82(3); Judicial Pensions (Northern Ireland) Order 1991 (NI 24) art. 6(3); Judicial Pensions and Retirement Act 1993 (c. 8) Sch. 8 para. 19(a). |
108 | 1975P art. 63A; 1990 Sch. 4 para. 3. |
109 | 1975P art. 58A(1) – (4); 1985 Sch. 2; SR 1987 Sch. 2 para. 1(a) – (c). |
110 | 1975P art. 58E(1) – (4); 1985 Sch. 2. |
111 | 1975P art. 58K(1) – (6); 1985 Sch. 2; SR 1987 Sch. 2 para. 2. |
112 | 1975P art. 58M; 1986 art. 13. |
113 | 1986 art. 15. |
114(1) | 1975P art. 55(2). |
(2) | 1975P art. 55(4). |
(3) | 1975P arts. 42(1), 55(5). |
(4) | 1975P art. 55(6). |
(5) | 1975P art. 55(7). |
115(1) – (5) | 1975P art. 63C(1) – (5); 1990 Sch. 4 para. 1. |
(6) | 1975P art. 63C(7)(pt.); 1990 Sch. 4 para. 1. |
(7) | 1975P art. 63C(7)(pt.); 1990 Sch. 4 para. 1. |
(8) | 1975P art. 63C(8)(pt.); 1990 Sch. 4 para. 1. |
(9) | 1975P art. 63C(9); 1990 Sch. 4 para. 1. |
116 | 1975P art. 63C(6); 1990 Sch. 4 para. 1. |
117(1) | 1975P art. 63D(4); 1990 Sch. 4 para. 1. |
(2) | 1975P art. 63D(5); 1990 Sch. 4 para. 1. |
(3) | 1975P art. 63D(1); 1990 Sch. 4 para. 1. |
(4) | 1975P art. 63D(2)(pt.); 1990 Sch. 4 para. 1. |
(5) | 1975P art. 63D(2)(b)(pt.); 1990 Sch. 4 para. 1. |
(6) | 1975P art. 63D(3); 1990 Sch. 4 para. 1. |
118(1) | 1975P art. 63D(6); 1990 Sch. 4 para. 1. |
(2), (3) | 1975P art. 63D(7); 1990 Sch. 4 para. 1. |
119 | 1976 arts. 2(2), 47; 1986 Sch. 9 para. 26(3); 1989I Sch. 9 para. 90; Insolvency of Employer (Excluded Classes) Regulations (NI) 1983 (No. 282). |
120 | 1976 art. 43(1)(pt.), (2) – (5); 1986 Sch. 9 paras. 26(1)(a), (2), 47; 1989I Sch. 9 para. 89; 1992CP Sch. 2 para. 16(2); Industrial Relations (Northern Ireland) Order 1992 (NI 5) Sch. 5 para. 6(1)(f). |
121(1) | 1976 art. 43(6)(pt.); Industrial Relations (Northern Ireland) Order 1992 (NI 5) Sch. 5 para. 6(6). |
(2) | 1976 art. 43(6)(pt.); 1989I Sch. 9 para. 89. |
(3), (4) | 1976 art. 43(7), (8). |
(5) | 1976 art. 43(9); Employment (Miscellaneous Provisions) (NI) Order 1990 (NI 2) art. 16(3). |
122(1), (2) | 1976 art. 44(2); 1986 Sch. 9 para. 26(1). |
(3) | 1976 art. 44(3)(pt.). |
123(1) | 1976 art. 45(3); 1986 Sch. 9 para. 26(1)(c). |
(2), (3) | 1976 art. 45(3A), (3B); Employment (Miscellaneous Provisions) (NI) Order 1990 (NI 2) art. 17(2). |
124 | 1975P art. 64. |
125(1) | 1975P arts. 39A(4), 43C(1), 58A(5), 58E(5), 63D(8), Sch. 1A paras. 7(1), 18(1), Sch. 4A para. 8 (pt.); 1984 Sch. 4; 1985 Sch. 1 para. 3; 1986 art. 11(7); 1990 art. 13(6), Schs. 2, 4 para. 1. |
(2) | 1975P art. 43C(2), Sch. 1A para. 7(2), 18(2), Sch. 4A para. 8 (pt.); 1984 Sch. 4; 1985 Sch. 1 para. 3; 1990 art. 13(6), Sch. 2; SR 1987 Sch. 4 para. 5. |
(3) | 1975P art. 43C(3), Sch. 1A para. 7(3); 1984 Sch. 4; 1985 Sch. 1 para. 3; 1989 Sch. 6 para. 4(1)(b); 1990 Sch. 4 para. 8(1), (2). |
(4) | 1975P Sch. 1A para. 7(4)(a)(iii), (iv); 1985 Sch. 1 para. 3; 1990 Sch. 4 para. 8(3). |
126 | 1975P arts. 34(6), 37(7), Sch. 1A para. 23; 1985 Sch. 1 para. 3. |
127 | 1975P art. 59(3)(a), (b); 1975P Sch. 1A para. 23; 1985 Sch. 1 para. 3. |
128 | 1975P art. 56(1); 1986 art. 14(2). |
129(1), (2) | 1975P art. 56(2); 1986 art. 14(3). |
(3), (4) | 1975P arts. 39A(5), 43D, 58A(6), 58E(6), Sch. 1A para. 21; 1984 Sch. 4; 1985 Sch. 1 para. 3, Sch. 2; 1986 arts. 11(7), 14(4). |
130(1) | 1975P arts. 39A(6), 43E(1), 57(1), 58A(7), 58E(7), 59(5), Sch. 1A para. 22(1); 1984 Sch. 4; 1985 Sch. 1 para. 3, Sch. 2; 1986 arts. 11(7), 14(4). |
(2) | 1975P art. 43E(1); 1984 Sch. 4; 1986 Sch. 2 para. 7(3)(c). |
(3) | 1975P arts. 57(3), 59(6)(pt.); 1986 art. 14(6). |
(4) | 1975P arts. 57(5), 59(11). |
(5) | 1975P art. 59(12). |
131(1) | 1975P arts. 39A(7), 43E(2), 57(2), 58A(8), 58E(8), 59(5), Sch. 1A para. 22(2); 1984 Sch. 4; 1985 Sch. 1 para. 3, Sch. 2, Sch. 5 para. 23; 1986 arts. 11(7), 14(5); SR 1987 Sch. 2 para. 1(e), Sch. 4 para. 16(b); Personal and Occupational Pension Schemes (Tax Approval and Miscellaneous Provisions) Regulations (NI) 1988 (No. 107) reg. 8(c). |
(2) | Drafting. |
132(1) | 1975P arts. 60(1)(a), (b), (1A); 1986 Sch. 9 para. 19; SR 1987 Sch. 3 para. 1. |
(2) | 1975P art. 60(3); 1986 art. 14(11); SR 1987 reg. 3(3), Sch. 3 para. 2. |
(3) | 1975P art. 60(9)(a). |
133 | 1975P art. 60(5). |
134(1) – (3) | 1975P art. 60(6). |
(4), (5) | 1975P art. 60(7); SR 1987 Sch. 3 para. 3. |
(6) | 1975P art. 60(8). |
(7) | 1975P art. 60(10A); 1989 Sch. 6 para. 11. |
135(1) | 1975P art. 50(4). |
(2) | 1975P arts. 58(1), 59(7); 1986 art. 14(7). |
(3) | 1975P arts. 58(2), 59(8); 1986 art. 14(8). |
136(1) | 1975P art. 60(10)(pt.). |
(2) | 1975P arts. 58(4)(pt.), 59(10)(pt.); 1986 art. 14(10). |
(3), (4) | 1975P arts. 58(4)(pt.), 59(10)(pt.), 60(10)(pt.); 1986 art. 14(10); Pension Schemes (Voluntary Contributions Requirements and Voluntary and Compulsory Membership) Regulations (NI) 1987 (No. 286) reg. 2(2). |
(5), (6) | 1975P arts. 58(3), 59(9); 1986 art. 14(9). |
137(1) | 1975P arts. 57(1), 59(4), 60(2), 61(1)(pt.); 1986 art. 14(4). |
(2) | 1975P art. 61(1)(pt.). |
(3), (4) | 1975P art. 61(2)(pt.). |
138(1) | 1975P art. 60(1)(c); SR 1987 Sch. 3 para. 1. |
(2) | 1975P art. 60(4). |
(3) | 1975P art. 60(9)(b). |
(4) | 1975P art. 60(5) – (8), (10)(pt.). |
(5), (6) | 1975P art. 50(6). |
139(1) | 1975P arts. 60(2), 61(1)(pt.). |
(2) | 1975P art. 61(2)(c). |
(3) | 1975P art. 61(1)(pt.), (2)(pt.). |
140(1) | 1975P art. 68B(1)(a); 1990 Sch. 4 para. 2. |
(2) | 1975P art. 68B(1)(b); 1990 Sch. 4 para. 2. |
(3) | 1975P art. 68B(2)(pt.); 1990 Sch. 4 para. 2. |
(4) | 1975P art. 68B(2)(pt.); 1990 Sch. 4 para. 2. |
(5) | 1975P art. 68B(1)(pt.), (3)(a); 1990 Sch. 4 para. 2. |
(6) – (7) | 1975P art. 68B(4), (5); 1990 Sch. 4 para. 2. |
(8) | 1975P art. 68B(7); 1990 Sch. 4 para. 2. |
141 | 1975P art. 69B; 1990 Sch. 3. |
142(1), (2) | 1975P art. 69C(1) – (3); 1990 Sch. 3. |
(3) | 1975 art. 69C(2A); Judicial Pensions and Retirement Act 1993 (c. 8) Sch. 8 para. 13. |
(4) | 1975P art. 69C(3). |
(5) | 1975P art. 69C(4); 1990 Sch. 3. |
(6) – (8) | 1975P art. 69C(5) – (7); 1990 Sch. 3. |
143 | 1975P art. 69D; 1990 Sch. 3. |
144 | 1975P art. 69E; 1990 Sch. 3. |
145(1) | 1975P art. 69F(1); 1990 Sch. 3. |
(2) | 1975P art. 69F(2)(pt.); 1990 Sch. 3. |
(3), (4) | 1975P art. 69F(3), (4); 1990 Sch. 3. |
146 | 1975P art. 69G; 1990 Sch. 3. |
147 | 1975P art. 69H; 1990 Sch. 3. |
148 | 1975P art. 69I(1)(pt.); 1990 Sch. 3. |
149(1) | 1975P art. 43C(7), Sch. 1A para. 20(1), Sch. 4A para. 7(1); 1984 Sch. 4; 1985 Sch.1 para. 3; 1990 Sch. 2. |
(2) | 1975P Sch. 3 paras. 23, 24, 26. |
(3) | 1975P art. 55(3)(a). |
(4) | 1975P art. 55(7). |
(5) | 1975P arts. 63D(9), 68B(6); 1990 Sch. 4 paras. 1, 2. |
(6) | 1975P art. 63D(10); 1990 Sch. 4 para. 1. |
(7) | 1990 art. 16(2). |
(8) | 1976 art. 76(11)(a). |
150 | 1986 arts. 2(2), 18. |
151 | 1986 art. 16. |
152 | 1975P art. 52; 1986 Sch. 2 para. 7(1)(i). |
153(1) | 1976 art. 46(1); 1986 Sch. 9 para. 26(1). |
(2) | 1976 art. 46(2). |
(3), (4) | 1976 art. 46(3), (4); Fines and Penalties (NI) Order 1984 (NI 3) arts. 5, 6. |
154(1) | Social Security Act 1973 (c. 38) s. 89(1); Social Security (Consequential Provisions) Act 1975 (c. 18) Sch. 2 para. 58; Social Security Pensions Act 1975 (c. 60) Sch. 4 para. 30. |
(2) | Social Security Act 1973 (c. 38) s. 89(2). |
(3) | Social Security Act 1973 (c. 38) s. 89(2A); Social Security Act 1985 (c. 53) Sch. 5 para. 2(a). |
(4) | 1986 art. 60(2); 1989 art. 22(b). |
(5), (6) | Social Security Act 1973 (c. 38) s. 89(3); Social Security Pensions Act 1975 (c. 60) Sch. 4 para. 30; Social Security Act 1985 (c. 53) Sch. 5 para. 2(b). |
(7) | 1975P art. 69J(4); 1990 art. 15(1). |
(8) | Social Security Pensions Act 1975 (c. 60) s. 57. |
155(1) | 1975P art. 49(1); 1986 Sch. 2 para. 9(a). |
(2) | 1975P art. 49(1A); 1985 Sch. 5 para. 22. |
(3) | 1975P art. 49(2). |
(4) | 1986 art. 4(7). |
(5) | 1975P art. 49(3); 1986 art. 4(8), Sch. 2 para. 9(b). |
156 | 1986 art. 17. |
157 | 1976 art. 78(1). |
158(1) | 1975P art. 67(1)(pt.); 1986 Sch. 9 para. 22. |
(2) – (4) | 1975P art. 67(2) – (4); Friendly Societies Act 1992 (c. 40) Sch. 21 paras. 22, 23; M2. |
159(1) | 1975P art. 65(1); 1986 Sch. 9 para. 21. |
(2) | 1975P art. 65(2); 1986 Sch. 9 para. 21. |
(3) | 1975P arts. 65(1), (6)(a). |
(4), (5) | 1975P art. 65(3). |
(6) | 1975P art. 65(5); 1986 Sch. 9 para. 21. |
(7), (8) | 1975P art. 65(6)(b). |
(9) | 1975P art. 65(7)(pt.). |
160(1) | 1975A s. 122(1); 1975P arts. 2(3), 59(13); 1992CP Sch. 3 para. 10. |
(2) | 1986 art. 79(1). |
(3) | 1975A s. 122(2); 1975P art. 2(3); 1992CP Sch. 3 para. 10. |
(4) | 1975A s. 123(1); 1975 art. 2(3); 1986 art. 79(2); 1992CP Sch. 3 para. 10. |
(5) | 1975A s. 123(2)(pt.); 1975P art. 2(3); 1992CP Sch. 3 para. 10. |
(6) | 1975A s. 123(3); 1975P art. 2(3); 1992CP Sch. 3 para. 10. |
161(1), (2) | 1975A ss. 124(1), 126; 1975P art. 2(3); 1986 art. 80(1); 1992CP Sch. 3 para. 10. |
(3), (4) | 1975A s. 124(2)(pt.); 1975P art. 2(3); 1986 art. 80(2); 1992CP Sch. 3 para. 10; M4. |
(5) | 1975P Sch. 3 para. 21. |
(6) | 1976 art. 76(2); Employment Protection (Consolidation) Act 1978 (c. 44) s. 137; Insolvency of Employer (Excluded Classes) Regulations (NI) 1983 (No. 282) regs. 2 – 4. |
(7) | 1976 art. 76(8); 1986 art. 80(3). |
162 | 1975A s. 134; Social Security (Miscellaneous Provisions) Act 1977 (c. 5) s. 20(3); 1981 art. 7(1); 1986 arts. 18A(1), 66(2)(a); 1989 Sch. 6 para. 15; 1992CP Sch. 2 para. 32(4). |
163 | 1975P art. 2(3); drafting. |
164 | 1986 art. 55. |
165(1) | 1975P arts. 53D(5), 70(1); 1985 Sch. 1 para. 2, Sch. 5 para. 25; 1986 arts. 11(4)(h), 53(2), Sch. 5 Pt.II; 1992CP Sch. 2 para. 14(20)(a). |
(2) | 1975P art. 53D(6); 1985 Sch. 1 para. 2. |
(3), (4) | 1975P art. 70(2), (3); 1983 art. 3(3)(a); 1992CP Sch. 2 para. 14(20)(b). |
(5), (6) | 1975P art. 57(4), (5). |
166 | 1975P art. 70ZC; 1992CP Sch. 2 para. 14(21). |
167(1) | 1975P art. 62(1); 1986 Sch. 9 para. 20. |
(2) | 1975P art. 62(2); 1986 Sch. 5 para. 8. |
(3) | 1975P art. 62(3). |
168(1) | 1975P art. 63(1). |
(2) | 1975P art. 63(2). |
(3), (4) | 1975P art. 63(3), (4). |
(5), (6) | 1975P art. 63(5). |
169 | 1975P art. 63B; 1990 Sch. 4 para. 10. |
170 | 1975P art. 70ZA; 1990 Sch. 4 para. 11. |
171 | 1975P art. 68; 1986 Sch. 9 para. 22. |
172(1) | 1986 art. 82(1)(a), (b); 1976 art. 43(1)(pt.); Redundancy Fund (Northern Ireland) Order 1991 (NI 2) Sch. 1. |
(2) | 1975P art. 73(1); 1976 art. 81(a); 1992CP Sch. 2 para. 14(24). |
(3) | 1975P art. 73(1); 1992CP Sch. 2 para. 14(24). |
(4) | 1986 art. 82(3). |
(5) | 1985 art. 24. |
(6) | 1986 art. 82(4). |
(7) | 1975P art. 73(2), Sch. 2 para. 6(3); 1976 art. 46(4); 1980 art. 4(11)(c); 1986 art. 82(6)(pt.); Redundancy Fund (Northern Ireland) Order 1991 (NI 2) Sch. 1. |
173 | 1985 art. 7(1); Statutory Sick Pay (Northern Ireland) Order 1991 (NI 9) art. 5(1); 1992CP Sch. 2 para. 31(2), (3). |
174(1), (2) | 1975P art. 45(2A); 1984 Sch. 5 para. 5; 1986 Sch. 9 para. 13; 1989 Sch. 6 para. 5(1), Sch. 7 para. 18. |
(3) | 1975P art. 45(2B); 1989 Sch. 6 para. 5(2). |
(4) | 1975P art. 45(2C); 1989 Sch. 6 para. 5(2). |
175(1) | 1975P Sch. 3 para. 4(1) – (3); 1986 Sch. 9 para. 25. |
(2) | 1975P Sch. 3 para. 4(4). |
176(1) | 1975A Sch. 17; 1975P arts. 2(2), 33(8), 58A(9), 59(1), 68A(3); Industrial Training (NI) Order 1984 (NI 9) Sch. 3 para. 2; 1985 Sch. 2, Sch. 3 para. 2; 1986 arts. 2(2), 3(8), Sch. 2 para. 2, Sch. 9 para. 2; 1990 art. 13(1); SR 1987 reg. 3(7); Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (NI) 1990 (No. 203) reg. 9(3). |
(2) | Social Security Act 1973 (c. 38) s. 51(5); 1975P art. 2(4). |
(3) | 1975P art. 2(4). |
(4) | 1975P art. 2(5). |
(5) | 1975P art. 2(4). |
(6) | 1975A s. 157(4); 1975P art. 2(3); 1986 art. 2(4); 1992CP Sch. 3 para. 10. |
(7), (8) | Drafting. |
177(1) | 1975A s. 155(1); 1975P arts. 2(3), 69F(2)(pt.), 69I(1)(pt.), 71(3); 1986 art. 81(1); 1990 Sch. 3; 1992CP Sch. 3 para.10. |
(2), (3) | 1975A s. 155(2); 1975P art. 71B(1); 1986 art. 81(1); 1992CP Sch. 2 para. 14(23), Sch. 3 para. 10. |
(4), (5) | 1975A s. 155(3); 1975P art. 71B(2); Employment Protection (Consolidation) Act 1978 (c. 44) s. 154(3); 1986 art. 81(1); 1992CP Sch. 2 para. 14(23), Sch. 3 para. 10. |
(6) | 1975P arts. 71B(4); 1986 art. 81(7); 1989 art. 30(6); 1990 art. 21(3). |
(7) | 1975A s. 155(8); 1975P art. 2(3); 1992CP Sch. 3 para. 10. |
(8) | 1975A s. 155(4A); Social Security (Consequential Provisions) Act 1992 (c. 6) Sch. 2 para. 12; 1975P art. 2(3); 1992CP Sch. 3 para. 10. |
178(1) | 1975A s. 155(3A); 1975P arts. 2(3), 71B(3); 1986 arts. 63(1), 81(1); 1992CP Sch. 2 para. 14(23), Sch. 3 para. 10. |
(2) | 1975P art. 71(4). |
(3) | 1975P arts. 46ZA(13), 68B(3)(b), Sch. 1A para. 14(2), Sch. 4A para. 3(7); 1985 Sch. 1 para. 3; 1986 art. 5(14), Sch. 1 para. 7(5), Sch. 9 para. 24(d)(iii); 1990 art. 13(1), Sch. 2, Sch. 4 para. 2. |
179(1) | 1980A s. 9(3). |
(2) – (5) | 1975P art. 71A; 1992CP Sch. 2 para. 14(23); M3. |
(6) | 1980A s. 10(9). |
180(1) | 1975P art. 67(1)(pt.); Friendly Societies Act 1992 (c. 40) Sch. 21 para. 22. |
(2) | 1975P Sch. 2 para. 8(2); 1977 art. 18(18). |
181(1) – (3) | 1975A s. 156(1), (2); 1975P arts. 2(3), 71(1); 1976 art. 76(11); 1986 art. 81(3); 1992CP Sch. 2 paras. 14(24), 32(10), Sch. 3 para. 10. |
(4) | 1975A s. 156(4); 1975P arts. 2(3), 71(3); 1986 art. 81(4); 1992CP Sch. 2 paras. 14(22), 32(10), Sch. 3 para. 10. |
(5) | 1990 Sch. 6 para. 6(12)(pt.). |
(6) | 1990 Sch. 6 para. 6(13). |
(7) | 1975A s. 155A; 1975P art. 2(3); Social Security (Consequential Provisions) Act 1992 (c. 6) Sch. 2 para. 13; 1992CP Sch. 3 para. 10. |
(8) | 1990 Sch. 6 para. 6(14). |
(9) | 1990 Sch. 6 para. 6(15). |
(10) | 1990 Sch. 6 para. 6(12)(pt.). |
182 – 186 | Drafting. |
Sch. 1 | |
para. 1. | 1975P Sch. 2 para. 1. |
para. 2 | 1975P Sch. 2 para. 2. |
para. 3 | 1975P Sch. 2 para. 3. |
para. 4 | 1975P Sch. 2 para. 5. |
para. 5 | 1975P Sch. 2 para. 6; 1980 art. 4(11); 1992CP Sch. 2 para. 14(26); SR 1987 Sch. 5. |
para. 6 | 1975P Sch. 2 para. 7. |
para. 7 | 1975P Sch. 2 para. 8(1), (3) – (5); 1977 art. 18(18). |
para. 8 | 1975P Sch. 2 para. 9. |
para. 9 | SR 1987 Sch. 5. |
Sch. 2 | |
para. 1(1) | 1975P Sch. 1A para. 2(1) – (3)(pt.); 1985 Sch. 1 para. 3; 1986 art. 11(4)(i); 1990 Sch. 4 para. 4(1); Social Security (1990 Order) (Commencement No. 2) Order (NI) 1990 (No. 351 (C. 14)) art. 2(f). |
(2) – (4) | 1975P Sch. 1A para. 2(3), (4), (5); 1985 Sch. 1 para. 3; 1990 Sch. 4 para. 4(2). |
para. 2(1) | 1975P art. 53A(1), (2)(pt.); 1985 Sch. 1 para. 2. |
(2) | 1975P art. 53A(2)(pt.); 1985 Sch. 1 para. 2; Social Security (1985 Order) (Commencement No. 2) Order (NI) 1985 (No. 247 (C. 8)) Sch. |
(3) | 1975P Sch. 1A para. 2(2)(pt.); 1985 Sch. 1 para.3. |
para. 3(1) | 1975P Sch. 1A para. 3(3), (5); 1985 Sch. 1 para. 3. |
(2), (3) | 1975P Sch. 1A para. 3(5); 1985 Sch. 1 para. 3; 1990 Sch. 4 para. 4(2). |
(4) | 1975P Sch. 1A para. 3(5A); 1985 Sch. 1 para. 3; 1990 Sch. 4 para. 4(3). |
(5) | 1975P Sch. 1A para. 3(6); 1985 Sch. 1 para. 3. |
para. 4 | 1975P Sch. 1A para. 4(3)(a); 1985 Sch. 1 para. 3. |
para. 5(1) | 1975P Sch. 1A para. 5(3); 1985 Sch. 1 para. 3. |
(2) | 1975P Sch. 1A para. 5(4); 1985 Sch. 1 para. 3. |
(3) | 1975P Sch. 1A para. 5(4); 1985 Sch. 1 para. 3; SR 1987 Sch. 4 para. 3(b). |
Sch. 3 | |
para. 1 | 1975P Sch. 4 para. 1; 1989I Sch. 9 para. 86(a). |
para. 2 | 1975P Sch. 4 para. 2(1), (1A), (2)(pt.), (3), (4); 1985 Sch. 5 para. 28; 1986 Sch. 2 para. 12; 1989I Sch. 9 para. 86(b), (c); Social Security (Class 1 Contributions – Contracted-out Percentages) Order (NI) 1992 (No. 142) art. 3. |
para. 3 | 1975P Sch. 4 para. 3; 1989I Sch. 9 para. 86(d). |
para. 4 | 1975P Sch. 3 para. 4; 1989I Sch. 9 para. 86(e). |
Sch. 4 | Repeals. |
Sch. 5, paras. 1 – 6 | Drafting. |
para. 7 | 1975P arts. 34(7), 37(8A); 1984 Sch. 4 para. 13; 1985 Sch. 3 para. 8. |
para. 8 | 1975P art. 37(7); 1985 Sch. 5 para. 2(2). |
para. 9 | 1986 art. 10. |
para. 10(1) | 1975P art. 39A(8); 1986 art. 11(7). |
(2) | 1975P art. 39A(3), (11), (12); 1986 art. 11(7). |
para. 11 | 1975P art. 37(2ZA); 1990 Sch. 4 para. 6(3). |
para. 12 | 1989 Sch. 6 paras. 16(3), 17(4); 1990 Sch. 4 para. 14. |
para. 13 | 1975P art. 53C(1)(c); 1985 Sch. 1 para. 2; 1986 Sch. 9 para. 17(1), (3). |
para. 14 | 1975P arts. 45(1A), 48(2A); 1985 Sch. 5 paras. 18, 20. |
para. 15 | 1975P Sch. 3 para. 6(6); 1990 Sch. 4 para. 12(2). |
para. 16 | 1990 Sch. 4 para. 7(10). |
para. 17 | 1986 art. 18; Judicial Pensions and Retirement Act 1993 (c. 8) Sch. 8 para. 19(2). |
paras. 18 – 20 | Drafting. |
Sch. 6, para. 1 | 1989 Sch. 5 para. 13. |
para. 2 | Drafting. |
para. 3 | 1989 Sch. 5 para. 11. |
Sch. 7 | Consequential amendments – drafting. |
Sch. 8 | Drafting. |
This Act extends to Northern Ireland only except for certain amendments in Sch. 7 which have the same extent as the provisions amended; see s. 186(5)