F8PART 4ZATRANSFERS AND CONTRIBUTION REFUNDS
C1C10C3C17C13C9C6C14C16C11C12C15F18CHAPTER 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))
C2C5C18C12C15C4C8C19C7C2095C10C12C15 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 F5... continues to subsist.
F92
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, F14and
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.
F72ZA
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.
F172ZB
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.
F62A
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 F13...; 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 F3the 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.
F103A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14
The Regulatory Authority may, in prescribed circumstances, F4by 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 F15requiring applications for extensions under subsection (4) to meet prescribed requirements .
F194B
Regulations may extend the period for compliance under subsection (2) or (3) in prescribed circumstances.
F166
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27
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.
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)