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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 No. 185 URL: http://www.bailii.org/nie/legis/num_reg/2007/20070185.html |
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Made | 20th March 2007 | ||
Coming into operation | 6th April 2007 |
1. | Citation, commencement and interpretation |
2. | Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations |
3. | Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations |
4. | Amendment of the Occupational Pension Schemes (Contracting-out) Regulations |
5. | Amendment of the Protected Rights (Transfer Payment) Regulations |
6. | Amendment of the Contracting-out (Transfer and Transfer Payment) Regulations |
7. | Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations |
8. | Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations |
9. | Amendment of the Stakeholder Pension Schemes Regulations |
10. | Amendment of the Occupational Pension Schemes (Winding up, etc.) Regulations |
11. | Amendment of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations |
12. | Amendment of the Pension Schemes (Categories) Regulations |
13. | Amendment of the Occupational Pension Schemes (Scheme Funding) Regulations |
14. | Amendment of the Occupational Pension Schemes (Investment) Regulations |
15. | Amendment of the Occupational Pension Schemes (Regulatory Own Funds) Regulations |
16. | Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations |
17. | Amendment of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations |
18. | Amendment of the Occupational Pension Schemes (Trustees' Knowledge and Understanding) Regulations |
19. | Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations |
20. | Revocations |
SCHEDULE— | Revocations |
Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations
3.
—(1) The Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991[12] shall be amended in accordance with paragraphs (2) and (3).
(2) For regulation 5[13] (short service benefit in lump sum form) substitute—
(3) In regulation 8 (early retirement or deferred retirement) for paragraph (2) substitute—
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations
4.
—(1) The Occupational Pension Schemes (Contracting-out) Regulations 1996[15] shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 1(2) (interpretation) for the definition of "overseas scheme"[16] substitute—
(3) In regulation 62(2) (fixed rate revaluation of guaranteed minimum pensions for early leavers)—
Amendment of the Protected Rights (Transfer Payment) Regulations
5.
In regulation 1(2) of the Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1996[19] (interpretation) for the definition of "overseas scheme"[20] substitute—
but does not include one which is contracted-out within the meaning of section 3(3) nor one in respect of which section 49[21] (supervision: former contracted-out schemes) applies by virtue of section 48(1) (supervision of schemes which have ceased to be certified);".
Amendment of the Contracting-out (Transfer and Transfer Payment) Regulations
6.
In regulation 1(2) of the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996[22] (interpretation) for the definition of "overseas scheme"[23] substitute—
but does not include a salary-related contracted-out scheme nor one in respect of which section 49 (supervision: former contracted-out schemes) applies by virtue of section 48(1) (supervision of schemes which have ceased to be certified);".
Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations
7.
In regulation 8 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 1997[24] (giving effect to protected rights by the provision of a lump sum) omit paragraph (2).
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations
8.
In regulation 5 of the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997[25] (information to be made available to individuals)—
Amendment of the Stakeholder Pension Schemes Regulations
9.
In regulation 14 of the Stakeholder Pension Schemes Regulations (Northern Ireland) 2000[28] (charges etc. - permitted reductions in members' rights)—
Amendment of the Occupational Pension Schemes (Winding up, etc.) Regulations
10.
—(1) The Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 2005[29] shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 3(1) (schemes to which Article 73 of the 1995 Order does not apply)—
(b) in sub-paragraph (k) for head (i) substitute—
(c) omit sub-paragraph (l).
(3) In regulation 8(4)(a) (entitlement to death benefits treated as arising before commencement of winding up period) for "former spouse" substitute "former spouse, former civil partner".
Amendment of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations
11.
In regulation 2 of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations (Northern Ireland) 2005[30] (prescribed schemes)—
(iii) omit sub-paragraph (k), and
(b) in paragraph (2) for "within paragraph (1)(a) to (k)" substitute "within paragraph (1)(a) to (j)".
Amendment of the Pension Schemes (Categories) Regulations
12.
In regulation 2 of the Pension Schemes (Categories) Regulations (Northern Ireland) 2005[31] (prescription of certain pension schemes as occupational pension schemes) after paragraph (5) add—
Amendment of the Occupational Pension Schemes (Scheme Funding) Regulations
13.
—(1) The Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 2005[33] shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 17(1)[34] (exemptions - general)—
(b) in sub-paragraph (i)—
(3) In Schedule 3 (supplementary and consequential provisions) in paragraph 7(2)—
(4) In Schedule 4 (transitional provisions and savings) in paragraph 3—
Amendment of the Occupational Pension Schemes (Investment) Regulations
14.
—(1) The Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 2005[35] shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 1(2) (interpretation) in the definition of "small scheme" in paragraph (a)(i) for "by unanimous agreement by" substitute "by the unanimous agreement of ".
(3) In regulation 12(1) (restrictions on employer-related investments) for "applies to trust schemes" substitute "applies to schemes".
Amendment of the Occupational Pension Schemes (Regulatory Own Funds) Regulations
15.
—(1) The Occupational Pension Schemes (Regulatory Own Funds) Regulations (Northern Ireland) 2005[36] shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 10(8) (postponement) for "given in regulation 11" substitute “given in regulation 3 of the Occupational Pension Schemes (Cross-border Activities) Regulations (Northern Ireland) 2005[37] (meaning of "European employer" and "host member State" in Part VII of the Order)“.
(3) Omit regulation 11 (meaning of "European employer").
(4) In regulation 15(1) (exemptions)—
(b) in sub-paragraph (i)—
Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations
16.
—(1) The Occupational Pension Schemes (Cross-border Activities) Regulations (Northern Ireland) 2005[38] shall be amended in accordance with paragraphs (2) to (9).
(2) In regulation 2 (interpretation)—
(5) Where paragraph (4) applies, all sections of the scheme that receive contributions from at least one of the employers referred to in that paragraph are together to be treated as a separate scheme for the purposes of regulations 7(2)(d) and 8(5).
(6) In paragraph (4)(b) "associate" has the meaning given in Article 4[39] of the Insolvency Order (associated employer).".
(3) In regulation 3 (meaning of "European employer" and "host member State" in Part VII of the Order) for paragraph (1) substitute—
and is making (or proposes to make) contributions to a scheme either in respect of a qualifying person or in respect of himself as a qualifying self-employed person.".
(4) In regulation 5 (applications for general authorisation to accept contributions from European employers: established schemes which are carrying on cross-border activity)—
(b) in paragraph (2)[40] for "Subject to paragraph (3), such" substitute "Subject to paragraph (3) or (4), where the application is made before 22nd September 2008, such", and
(c) after paragraph (3)[41] add—
(5) In regulation 7(2) (conditions for general authorisation to accept contributions from European employers) in sub-paragraph (d) for head (ii) substitute—
(6) In regulation 10 (applications for approval in relation to particular European employer: established schemes which are carrying on cross-border activity)—
(b) in paragraph (2)[42] for "Subject to paragraph (3), the information to be contained in the notice of intention relating to such an application," substitute "Subject to paragraph (3) or (4), the information to be contained in the notice of intention relating to such an application, where the application is made before 22nd September 2008", and
(c) after paragraph (3)[43] add—
(7) In regulation 15(3) (ring-fencing of assets) at the beginning of sub-paragraph (b)(ii) insert "within a time specified by the Regulator (subject to any extension the Regulator may subsequently grant),".
(8) After regulation 18 (amendment of the Occupational Pension Schemes (Trust and Retirement Benefits Exemption) Regulations) add—
(9) In Schedule 1 (additional information to be contained in applications for authorisation or approval) in paragraph 6(7)—
Amendment of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations
17.
In regulation 4(4) of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006[45] (excluded employers: occupational pension schemes) in the definition of "small occupational pension scheme"—
Amendment of the Occupational Pension Schemes (Trustees' Knowledge and Understanding) Regulations
18.
In regulation 2 of the Occupational Pension Schemes (Trustees' Knowledge and Understanding) Regulations (Northern Ireland) 2006[46] (exceptions for trustees of small schemes)—
Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations
19.
—(1) The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations (Northern Ireland) 2006[47] shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 1(2) (interpretation) for the definition of "relevant small occupational pension scheme" substitute—
(b) all the members are directors of a company which is the sole trustee of the scheme, and either—
(3) In regulation 2 (exemptions from requirement to have member-nominated trustees)—
(4) In regulation 3 (prescribed exemptions from requirement to have member-nominated directors of corporate trustees)—
Revocations
20.
The Regulations specified in column 1 of the Schedule are revoked to the extent specified in column 3.
Sealed with the Official Seal of the Department for Social Development on
20th March 2007
L.S.
John O'Neill
A senior officer of the Department for Social Development
Column 1 | Column 2 | Column 3 |
Citation | Reference | Extent of revocation |
The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1993 | S.R. 1993 No. 126 | The whole Regulations |
The Occupational and Personal Pension Schemes (Consequential Amendments) Regulations (Northern Ireland) 1994 | S.R. 1994 No. 300 | In Schedule 2, paragraphs 13(5)(b) and (c) and 26(6) |
The Personal and Occupational Pension Schemes (Preservation of Benefit and Perpetuities) (Amendment) Regulations (Northern Ireland) 1996 | S.R. 1996 No. 620 | Regulation 2(3) |
The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1997 | S.R. 1997 No. 160 | In the Schedule, paragraphs 6(2)(a) and 10(2)(a) |
The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1999 | S.R. 1999 No. 486 | Regulation 4(2)(a) |
The Occupational Pension Schemes (Republic of Ireland Schemes Exemption (Revocation) and Tax Exempt Schemes (Miscellaneous Amendments)) Regulations (Northern Ireland) 2006 | S.R. 2006 No. 65 | Regulation 9(3)(a) and (4)(a) |
[3] 1993 c. 49; section 1 was amended by Article 216 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)); section 5(2B) was substituted by Article 133(3) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and amended by paragraph 38(2) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671); section 8C was inserted by Article 133(5) of the Pensions (Northern Ireland) Order 1995; section 12(3) was amended by paragraph 21 of Schedule 3 to that Order, see also paragraph 3 of Schedule 2 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)); section 16(1) was amended by paragraph 2(1) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); section 24(2)(b) was amended by paragraph 2(2) of Schedule 5 to that Act; section 24(4) was amended by paragraph 3(2) of Schedule 5 to that Act and Article 261(3) of the Pensions (Northern Ireland) Order 2005; section 109(1) was amended by section 48(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back
[4] S.I. 1995/3213 (N.I. 22); Article 35 was substituted by Article 221 of the Pensions (Northern Ireland) Order 2005; Article 40 was amended by Article 152 of S.I. 2001/3649, Article 26 of S.I. 2004/355 and paragraph 45 of Schedule 10 to the Pensions (Northern Ireland) Order 2005; Article 66A was inserted by section 51 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; Article 73 was substituted, and Article 73B inserted, by Article 247(1) of the Pensions (Northern Ireland) Order 2005back
[5] S.I. 1999/3147 (N.I. 11)back
[6] See Article 8(b) of S.R. 1999 No. 481back
[7] S.I. 2005/255 (N.I. 1); Part III is modified in its application to partially guaranteed schemes by S.R. 2005 No. 55, in its application to hybrid schemes by S.R. 2005 No. 84 and in its application to multi-employer schemes by S.R. 2005 No. 91 (as amended by S.R. 2005 Nos. 194 and 357) and Part IV is modified by S.R. 2005 Nos. 568 and 570back
[9] S.R. 1987 No. 288; relevant amending Regulations are S.R. 1988 No. 107, S.R. 1992 No. 304, S.R. 1993 No. 126 and S.R. 1994 No. 300back
[10] Paragraph 1 was amended by regulation 6(e) of S.R. 1998 No. 107, regulation 23 of S.R. 1992 No. 304, regulation 3 of S.R. 1993 No. 126 and paragraph 13(5) of Schedule 2 to S.R. 1994 No. 300back
[11] S.R. 1997 No. 56; regulation 12(12) was amended by paragraph 32(a) of Schedule 2 to S.R. 2005 No. 433back
[12] S.R. 1991 No. 37; relevant amending Regulations are S.R. 1994 No. 300 and S.R. 1996 No. 620back
[13] Regulation 5 was amended by paragraph 26(6) of Schedule 2 to S.R. 1994 No. 300 and regulation 2(3) of S.R. 1996 No. 620back
[15] S.R. 1996 No. 493; relevant amending Regulations are S.R. 1999 No. 486 and S.R. 2002 No. 109back
[16] The definition of "overseas scheme" was amended by regulation 4(2)(a) of S.R. 1999 No. 486back
[17] See Article 3 of, and the Schedule to, the Pension Schemes Act 1993 (Application) Order 1995, Statutory Document No. 531/95, which applies (with modifications) section 9 of the Pension Schemes Act 1993 (c. 48) to the Isle of Man; and see Article 3(1)(b) of, and Schedule 1 to, the Pensions Act 1995 (Application) Order 1997, Statutory Document No. 501/97, which applies to the Isle of Man the amendments to that section 9 in section 136 of the Pensions Act 1995 (c. 26)back
[18] Sub-paragraph (e) was added by regulation 2(14)(b) of S.R. 2002 No. 109back
[19] S.R. 1996 No. 509; relevant amending Regulations are S.R. 1997 No. 160back
[20] The definition of "overseas scheme" was amended by paragraph 6(2)(a) of the Schedule to S.R. 1997 No. 160back
[21] Section 49 was amended by paragraph 40 of Schedule 3 to the Pensions (Northern Ireland) Order 1995, paragraph 61 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and paragraph 6 of Schedule 10 to the Pensions (Northern Ireland) Order 2005back
[22] S.R. 1996 No. 618; relevant amending Regulations are S.R. 1997 No. 160back
[23] The definition of "overseas scheme" was amended by paragraph 10(2)(a) of the Schedule to S.R. 1997 No. 160back
[24] S.R. 1997 No. 56; regulation 8 was amended by Article 32(3) of S.I. 2006/744back
[25] S.R. 1997 No. 98; the relevant amending regulations are S.R. 1997 No. 160 and S.R. 2005 No. 568back
[26] Paragraph (12ZA) was inserted by paragraph 6(3)(b) of Schedule 3 to S.R. 2005 No. 568back
[27] Paragraphs (14) and (15) were added by paragraph 19(4)(e) of the Schedule to S.R. 1997 No. 160back
[28] S.R. 2000 No. 262; regulation 14 was substituted by regulation 2(9) of S.R. 2005 No. 110back
[29] S.R. 2005 No. 171 to which there are amendments not relevant to these Regulationsback
[32] 1983 c.21; section 15 was repealed by Schedule 3 to the Pilotage Act 1987 (c.21) and saved by paragraph 4 of Schedule 1 to that Act so that any pilots' benefit fund established under section 15(1)(i) of the Pilotage Act 1983 continues in existence notwithstanding the repeal of section 15back
[33] S.R. 2005 No. 568; relevant amending Regulations are S.R. 2006 No. 297back
[34] Regulation 17 was amended by regulation 5(3) of S.R. 2006 No. 297 and is modified in its application to an occupational pension scheme that is subject to the regulatory own fund requirement by regulation 5(2)(d) of S.R. 2005 No. 570back
[35] S.R. 2005 No. 569 to which there are amendments not relevant to these Regulationsback
[38] S.R. 2005 No. 581; relevant amending regulations are S.R. 2006 Nos. 65 and 160back
[39] Article 4 was amended by paragraph 80 of Schedule 29 to the Civil Partnership Act 2004 (c. 33) and paragraph 6 of the Schedule to S.R. 2005 No. 479, and is modified in its application to limited liability partnerships by regulation 5 of, and Schedule 3 to, S.R. 2004 No. 307back
[40] Paragraph (2) was amended by regulation 9(3)(a) of S.R. 2006 No. 65back
[41] Paragraph (3) was added by regulation 9(3)(b) of S.R. 2006 No. 65 and amended by regulation 2(3) of S.R. 2006 No. 160back
[42] Paragraph (2) was amended by regulation 9(4)(a) of S.R. 2006 No. 65back
[43] Paragraph (3) was added by regulation 9(4)(b) of S.R. 2006 No. 65 and amended by regulation 2(4) of S.R. 2006 No. 160back
[44] Article 66A was inserted by section 51 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))back
[48] Article 23 was substituted by Article 32(3) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1))back
[49] S.I. 1994/1432 to which there are amendments not relevant to these Regulationsback