Pension Schemes (Northern Ireland) Act 1993

[F196BMeaning of “scheme rules”: occupational pension schemesN.I.

(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;

[F2(xi)regulations made under Schedule 17 to the Pensions Act (Northern Ireland) 2015.]

[F3(xii)regulations made under Schedule 18 to the Pensions Act (Northern Ireland) 2015.]

[F4(xiia)sections 21, 23, 26, 28, 29 and 33 of and Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021;]

[F5(xiii)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.

[F6(viii)regulations made under paragraph 16 of Schedule 17 to the Pensions Act (Northern Ireland) 2015.]

[F7(ix)regulations made under paragraph 6 of Schedule 18 to the Pensions Act (Northern Ireland) 2015.]

[F8(ixa)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.]

[F9(x)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.]]

Textual Amendments

F1Ss. 96A-96D inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 60 (with s. 87)

F5S. 96B(2)(a)(xiii)(xiv) inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), ss. 76(6)(a), 131(2)(a)(3)(a); S.R. 2022/197, art. 3(a)

F9S. 96B(2)(b)(x) inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), ss. 76(6)(b), 131(2)(a)(3)(a); S.R. 2022/197, art. 3(a)

Modifications etc. (not altering text)

C1Pt. 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)