Oman - Second Education Project
“bonus credits” means supplementary credits other than purchased credits or transfer credits.
an employment (“the second employment”) in respect of which an election of the kind referred to in subsection (1)(b) has been made; and
“average salary method”, “cash balance method”, “final salary method”, “flat rate method” and “money purchase method” have the meanings given in Schedule 2.
For the purposes of subsection (6)—
“relevant legislative provision” means any provision contained in any of the following provisions—
Schedule 5 to the Social Security (Northern Ireland) Order 1989 (equal treatment for men and women);
this Chapter or Chapter 2, 3 or 4 or regulations made under this Chapter or any of those Chapters;
Part IVA or regulations made under that Part;
section 106(1);
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;
Article 28 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (pension debits: reduction of benefit);
any provision mentioned in Article 279(2) of the Pensions (Northern Ireland) Order 2005;
section 61 of the Pension Schemes Act 2015;
regulations made under section 62 or 63 of the Pension Schemes Act 2015;
regulations made under Schedule 18 to the Pensions Act (Northern Ireland) 2015;
sections 21, 23, 26, 28, 29 and 33 of and Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021;
regulations made under section 69(4) of or paragraph 1(6) of Schedule 5 to the Pension Schemes Act 2021;
sections 82, 85, 90, 92, 93 and 96 of the Pension Schemes Act 2021;
regulations 40 and 56 of the Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations (Northern Ireland) 2026;
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—
paragraph 3 of Schedule 5 to the Social Security (Northern Ireland) Order 1989;
section 125(1);
Article 114(1) of the Pensions (Northern Ireland) Order 1995;
Article 28(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;
Article 279(1) of the Pensions (Northern Ireland) Order 2005.
section 61(3) of the Pension Schemes Act 2015;
regulations made under section 62(4) or 63(4) of the Pension Schemes Act 2015.
regulations made under paragraph 6 of Schedule 18 to the Pensions Act (Northern Ireland) 2015.
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.
sections 69(7)(b), 82(4A), 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;
regulation 40(1)(b) of the Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations (Northern Ireland) 2026.
If subsection (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.
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 or articles 22 to 26 of the Pensions (Northern Ireland) Order 1995.
an employment (“the first employment”) which was specified by virtue of section 3(2)(a) in the first certificate,
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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—
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
convicted of an offence under subsection (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).
A person guilty of an offence under subsection (12) is liable—
on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine or both.
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.
In this section “due date”, in relation to a contribution payable under the direct payment arrangements, means—
if the contribution falls to be paid on the employer’s own account, the latest day under the arrangements for paying it;
if the contribution falls to be paid on behalf of the employee, the last day of a prescribed period.
Regulations may provide for this section to apply with such modifications as may be prescribed in a case where—
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
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).
Nothing in this section shall be taken as varying the provisions of the direct payment arrangements or as affecting their enforceability.
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.
“personal pension scheme” means any scheme or arrangement which is comprised in one or more instruments or agreements and which has, or is capable of having, effect so as to provide benefits, in the form of pensions or otherwise, payable on death or retirement to or in respect of employed earners who have made arrangements with the trustees or managers of the scheme for them to become members of it;
This subsection applies—
where people in employments of the description concerned are employed by someone, to a person who employs such people,
to a person in an employment of that description, and
to a person representing interests of a description framed so as to include—
interests of persons who employ people in employments of the description mentioned in paragraph (a), or
interests of people in employments of that description.
who is or has been in pensionable service under the scheme, or
“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).
complies with the annuity requirements (within the meaning of section 25(3)), and
satisfies such conditions as may be prescribed.
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in accordance with prescribed principles and requirements; or
in accordance with principles determined by the person who performs the duties of calculation and verification.
“United Kingdom public service pension scheme” means a public service pension scheme as defined in section 181(1) of the Pension Schemes Act 1993;
are satisfied that records of earnings relevant for determining the amount mentioned in section 54(4) have not been maintained or retained or are otherwise unobtainable,
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.
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.
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—
on retirement,
on having reached a particular age, or
on termination of service in an employment.
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Regulations may make provision with respect to the staff and other facilities that are to be available to the Registrar.
Regulations may require— to provide the Registrar with such information for the purposes of the register in such form and within such time as may be prescribed.
any person who is or has been—
a trustee or manager of an occupational or personal pension scheme or an administrator of a public service pension scheme, or
the employer in relation to employment of any description or category to which an occupational pension scheme relates, and
such other persons as may be prescribed,
The Department may direct the Registrar to submit to it, in such form and at such intervals as may be specified in the direction, such statistical and other reports as the Department may require; and the Department may determine at its discretion whether or not to publish a report submitted to it under this subsection.
In this section—
which are paid to a scheme in respect of one of its members must be applied so as to provide money purchase benefits for or in respect of that member, except so far as they are used—
to defray the administrative expenses of the scheme; or
to pay commission.
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
by reference to previous service of his (whether or not pensionable service); or
that— 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, ...
for the purpose of providing benefits to, or in respect of, people with service in employments of a description, or
for that purpose and also for the purpose of providing benefits to, or in respect of, other people,
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to the weekly rate of the pension mentioned in paragraph (b) (or, if there is more than one such pension, their aggregate weekly rates),
there was in force in relation to a personal pension scheme an appropriate scheme certificate,
shall be treated as one employment if, in the opinion of the Board—
of any payment that is made to the scheme by or on behalf of a member of the scheme;
an earner is serving in employment which is contracted-out employment by reference to an occupational pension scheme ...,
section 23(3) applies to all protected rights and not only such rights as are mentioned in section 6(2) or (3);
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
section 25 includes subsection (2)),
The Department may, by regulations, make provision for—
section 13,
section 20D, or
section 33,
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.
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, . . . Part VI of the Social Security Administration (Northern Ireland) Act 1992 . . .. . . , Article 27D of the Matrimonial Causes (Northern Ireland) Order 1978 Part IV or V of the Welfare Reform and Pensions (Northern Ireland) Order 1999 ...
of any income or capital gain arising from the investment of such a payment; or
paragraph (a) ceases to apply, by reason of any of the following circumstances, before the earner attains the scheme’s normal pension age or (if earlier) the end of the tax year preceding that in which the earner attains pensionable age, and
of the value of rights under the scheme,
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.
that the employment of an earner in employed earner’s employment is contracted-out employment by reference to an occupational pension scheme; or
that a personal pension scheme is an appropriate scheme;
The regulations shall provide for contracting-out certificates to be issued to employers and to specify—
the employments which are to be treated, either generally or in relation to any specified description of earners, as contracted-out employments; and
the occupational pension schemes by reference to which those employments are to be so treated.
In this Act such a certificate is referred to as “a contracting-out certificate”.
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.
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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— 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.
at the end of a prescribed period beginning with (and including) that day, or
if prescribed conditions are not satisfied at any time in that period.
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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.
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Except in prescribed circumstances, no contracting-out certificate ... shall have effect from a date earlier than that on which the certificate is issued.
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.
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—
the earner was under pensionable age;
his service in the employment is for the time being service which qualifies him for a guaranteed minimum pension provided by an occupational pension scheme, or
his employer makes minimum payments in respect of his employment to an occupational pension scheme which is contracted-out by virtue of satisfying section 5(3) (in this Act referred to as “a money purchase contracted-out scheme”); and
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
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.
In this Act— and for the purposes of this subsection “rebate percentage” means the appropriate flatrate percentage for the tax year in which the week falls as specified in an order made under section 38B (as it had effect before the first abolition date).
“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);
Section 35.
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). 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. Regulations may make provision— Regulations may also make provision— 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.
Subject to sub-paragraph (2), regulations may enable the Inland 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. The determined date for any earner may not be earlier than— whichever is the later.
Provision may be made by regulations for requiring an employer to give notice to the Inland Revenue—
when an earner’s employment becomes or ceases to be contracted-out employment; and
when an earner’s employment in contracted-out employment begins or ends.
Regulations may modify the provisions of Part III (other than sections 14, 15 . . . , 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— with a view to enabling the employments to be treated either separately or together for the purposes of those provisions. Regulations may also modify those provisions in their application to cases in which— Regulations under this paragraph may include provision for securing that in the cases to which they apply an earner’s employment which, 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. In this paragraph “regulations” means regulations made by the Department or, as the case may be, the Secretary of State.
Regulations may make provision for requiring persons to furnish the Inland Revenue ... with such information as the Inland Revenue ... may require for the purposes of sections 33, 46 to 59 and 155(1) to (3) and (6) . Regulations may provide that for the purposes of sections 46, 51 to 56 and 59 . . . (except as they so apply) the prescribed person shall be treated as the employer— Regulations may . . . provide— and in this sub-paragraph and the following provisions of this paragraph “premium” means a contributions equivalent premium, Sub-paragraph (3B) applies in relation to a member of a scheme which was a contracted-out occupational pension scheme and which was being wound up before the second abolition date if, in the opinion of the Inland Revenue— Where this sub-paragraph applies— Regulations may make provision— Section 151 shall apply as if sub-paragraphs (3A) and (3B), and regulations made by virtue of those sub-paragraphs, were included among the provisions there referred to. In sub-paragraphs (3A) and (3B), “State scheme rights”, in relation to a member of a scheme, are the rights for which, if the scheme had not been a contracted-out scheme, the member would have been eligible by virtue of section 44(6) of Social Security Contributions and Benefits (Northern Ireland) Act 1992 (earnings factors for additional pension. The Inland Revenue may accept payments in connection with a case in which a premium or part of it is treated as having been paid. In this paragraph “regulations” means regulations made by the Department or, as the case may be, the Secretary of State and “prescribed” shall be construed accordingly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may modify Chapters I and III of Part III (other than sections 4, 14, 15, 31 to 35 , 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. Regulations under this paragraph may provide for the adjustment of rights and liabilities as between employers, earners and the trustees or managers.
In relation to employments of any class to which this paragraph applies, the the Department, or as the case may be, the Secretary of State may by regulations— 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 Superannuation (Northern Ireland) Order 1972 shall constitute a class to which this paragraph applies. 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. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may make provision—
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
for any incidental matters otherwise connected with those provisions.
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Sections 80 and 98(3).
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). Where— the additional amount is the appropriate higher revaluation percentage of the accrued benefit. Where— 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. Where the termination of pensionable service occurs— the additional amount is the appropriate higher revaluation percentage of the accrued benefit. Where the termination of pensionable service occurs on or after the Pensions Act commencement day, the additional amount is the aggregate of— 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— 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. 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. 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. 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. The sub-paragraphs above are subject to sub-paragraph (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).
Whenever the Secretary of State makes an order under paragraph 2 of Schedule 3 to the Pension Schemes Act 1993 specifying a 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 a corresponding higher revaluation percentage and a corresponding lower revaluation percentage for each revaluation period (as defined in paragraph (2)). A period is a “revaluation period”, in relation to each order under this paragraph, if it is a period which— In paragraph 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. “The accrued benefit” has the same meaning as in paragraph 1. “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. 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 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. 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. For the purpose of this paragraph those salaries are to be taken to include— 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”. 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.
The cash balance method of revaluing a benefit 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.
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. 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. 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— whichever is the less.
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.
Section 124.
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.
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Section 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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”.
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.
Sections 182, 183 and 184.
In this Schedule “the repealed enactments” means the enactments repealed or revoked by this Act.
The substitution of this Act for the repealed enactments does not affect the continuity of the law. 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. 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. 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.
Where— 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.
this Act repeals an enactment relating to the coming into operation of another provision, including—
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
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
the effect of that provision is reproduced in this Act,
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. 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.
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 Interpretation Act (Northern Ireland) 1954) does not affect its operation as respects that provision.
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.
An occupational pension scheme which— 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.
at any time before the coming into operation of the first regulations made under— did not satisfy that sub-paragraph or, as the case may be, that paragraph; but
sub-paragraph (a) of paragraph (2) of Article 34 of the Social Security Pensions (Northern Ireland) Order 1975 (which corresponded to section 5(2)(a) of this Act), or
paragraph (8) of Article 37 of the Social Security Pensions (Northern Ireland) Order 1975 (which corresponded to section 12(4) of this Act),
would have satisfied it if those regulations had then been in operation,
Any document the contents of which are in terms corresponding to those of paragraph (7) of Article 37 of the Social Security Pensions (Northern Ireland) Order 1975 as that paragraph stood immediately before the making of the Social 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.
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.
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. Subsections (1) and (4) of section 106 shall apply to sub-paragraph (1) as they apply to subsections (2) and (3) of that section.
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Without prejudice to section 28 of the Interpretation Act (Northern Ireland) 1954—
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
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.
Where an earner’s earnings paid in any period before the tax year 1987-88— it shall be assumed for the purposes of sections 54(4) and 57(2) that his earnings paid in that period were such that, taking the rate specified in Bracket 3 as the appropriate rate, the same amount of primary Class 1 contributions fell to be paid in respect of them as in fact fell to be paid in respect of them; and in this paragraph “Bracket 3” has the meaning given in section 9(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992. Section 59(3) applies for the purposes of sub-paragraph (1), in so far as it applies as respects section 54(4), as if the reference in paragraph (b) of section 59(3) to earnings included a reference to earnings relevant for any purpose of that sub-paragraph. Where Inland Revenue have acted in pursuance of section 59(3) as applied by sub-paragraph (2) and they subsequently ascertain the amount of those earnings— In this paragraph “prescribed” means prescribed by regulations made by the Secretary of State.
Without prejudice to paragraph 3, in any case where— paragraph 6(1) of Schedule 3 to the Social 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 Social Security (Northern Ireland) Order 1990 (which substituted the words “pensionable service” for the words “service in relevant employment”).
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
during that period no payments in discharge of his rights under the scheme were made in consequence of that termination,
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). In section 83— Section 86 shall be omitted.
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 Social Security (Northern Ireland) Order 1986 or any provision of this Act deriving from that Part. 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). The statutory provisions to which sub-paragraph (2) applies are— 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.
The repeal of Article 18A(2) of the Social 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).
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.
The repeals made by this Act do not affect the operation of Article 2(3) of the Social 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 Social Security (Consequential Provisions) (Northern Ireland) Act 1992 shall continue to have effect accordingly).
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—
the operation of that Article so far as it is not reproduced in this Act but remains capable of having effect; or
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.
Section 184.
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In Schedule 5 to the Social Security (Northern Ireland) Order 1989—
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 ”;
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 ”;
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 ”.
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section 114;
in sections 128 and 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”.
Section 184.
In section 11A(7) of the Judicial Pensions Act (Northern Ireland) 1951—
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 ”;
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 ”;
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 ”;
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 ”.
In Schedule 2A to that Act—
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 ”;
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 ”;
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 ”.
In section 127A(7) of the County Courts Act (Northern Ireland) 1959—
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 ”;
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 ”;
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 ”;
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 ”.
In Schedule 2A to that Act—
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 ”;
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 ”;
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 ”.
In section 9A(7) of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960—
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 ”;
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 ”;
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 ”;
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 ”.
In Schedule 3 to that Act—
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 ”;
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 ”;
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 ”.
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 ”.
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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”;
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”.
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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”;
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”.
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for the words “Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “Pension Schemes (Northern Ireland) Act 1993”;
for the words “Part V of that Order” there shall be substituted the words “Part VI of that Act”.
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. ”
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 ”.
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 ”.
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 ”.
In Article 69 of the Social Security Pensions (Northern Ireland) Order 1975— In Article 69A(2A) of that Order—
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. ”
In section 33A(9) of the Judicial Pensions Act 1981—
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 ”;
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 ”.
In Schedule 1A to that Act—
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 ”;
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 ”;
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 ”.
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, ”.
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in paragraph 3(2)(b)—
for the words “Article 48 of the Social Security Pensions (Northern Ireland) Order 1975 (deduction of premium from refund of contributions)” there shall be substituted the words “section 57 of the Pension Schemes (Northern Ireland) Act 1993 (deduction of contributions equivalent premium from refund of scheme contributions)”;
for the words “Part IV of that Order” there shall be substituted the words “Chapter III of Part III of that Act”;
in paragraph 7(2)(b)—
for the words “Article 48 of the Social Security Pensions (Northern Ireland) Order 1975 (deduction of premium from refund of contributions)” there shall be substituted the words “section 57 of the Pension Schemes (Northern Ireland) Act 1993 (deduction of contributions equivalent premium from refund of scheme contributions)”; and
for the words “Part IV of that Order” there shall be substituted the words “Chapter III of Part III of that Act”.
In Article 4A(13) of the Audit (Northern Ireland) Order 1987, in the definition of “judicial pension scheme”—
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 ”;
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 ”.
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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 ”.
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 ”.
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 ”.
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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) ”.
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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) ”.
In section 23(2) of that Act, after the word “Order” there shall be inserted the words “ or the Pensions Act ”.
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 ”.
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 ”.
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In Schedule 5 to that Act—
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 ”;
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in paragraph 7(2), for the words “Pensions Order” there shall be substituted the words “ Pensions Act ”.
In paragraph 3 of Schedule 7 to that Act—
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 ”;
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 ”.
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In section 104(8) of that Act, for paragraph (e) there shall be substituted—.
In section 130 of that Act, for the words “Social Security Pensions Act 1975” there shall be substituted the words “ Pension Schemes Act 1993 ”.
In section 132 of that Act—
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 ”;
after subsection (3) there shall be inserted—;
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
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 ”.
In section 167(1) of that Act—
the following definitions shall be inserted at the appropriate place— and “pensionable age” has the same meaning as in section 121 of the Contributions and Benefits Act;
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 ”;
“the Pensions Act” means the Pension Schemes (Northern Ireland) Act 1993;
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 ”.
In section 10(8) of the Judicial Pensions and Retirement Act 1993— 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 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 ”. In Schedule 2 to that Act—
In Article 4(1) of the Social Security (Northern Ireland) Order 1993—
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
at the end there shall be inserted the wordsand .
Section 185.
If— 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 Social Security Pensions (Northern Ireland) Order 1975. Paragraph 2. (ii). . . . . . (iii). . . . . . (iv). . . . . . (v). . . . . . (vi) Section 82(3) of the Courts and Legal Services Act 1990. Paragraph 5. (vii) Article 6(3) of the Judicial Pensions (Northern Ireland) Order 1991. Paragraph 6 (viii) Paragraph 23 of Schedule 16 to the Friendly 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 Judicial 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). If— 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. In this paragraph— An order under sub-paragraph (3) may— 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Friendly Societies Act 1992 or in any other Act.
Section 159(9) shall be omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 158(1), before the words “group insurance” there shall be inserted the word “ approved ”. In section 158(4)(a) for the words “Friendly Societies Act 1974” there shall be substituted the words “ Friendly Societies Act (Northern Ireland) 1970 ”. For section 158(4)(c), there shall be substituted—. 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 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 142(3) shall be omitted. In Schedule 5, paragraph 17(3)(l) shall be omitted.
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;
This Table shows the derivation of the provisions of the consolidation.
is not an occupational pension scheme, and
Regulations under subsection (1) may, in particular, prescribe conditions that relate to the provision of information by—
one or both of the members of married same sex couples or civil partnerships where the civil partners are of the same sex, or
the survivors of such couples or civil partners.
In this Chapter—
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)
is established by a person within ... section 154(1) of the Finance Act 2004;
The Department may by regulations make further provision about cases where (because of regulations under subsection (1))— does not have its special effect in relevant gender change cases.
section 13,
section 20D, or
section 33,
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).
Regulations under subsection (3) may, in particular, provide for the section in question to have its ordinary effect in relevant gender change cases.
The entry “drafting” indicates a provision of a mechanical or editorial nature only affecting the arrangement of the consolidation.
Regulations under subsection (1) or (3) may, in particular, modify or disapply any enactment that concerns information relating to— including any enactment that concerns requests for, or disclosure of, such information.
the gender or sex of a person, or
the change of gender or sex of a person,
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.
In this section, in relation to section 13, 20D or 33—
“relevant gender change case” has the same meaning as in that section;
“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;
“ordinary effect” means the effect which the section has in relation to same sex married couples , or civil partners who are of the same sex, in cases that are not relevant gender change cases.
...
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
all the particulars of which are set out in, or in a legislative instrument made under, an enactment, Royal warrant or charter, or
an employment (“the first employment”) which was specified by virtue of section 3(2)(a) in the first certificate,
which cannot come into force, or be amended, without the scheme or amendment being approved by a Minister of the Crown or government department,
In addition, in relation to any period before the 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—
he was under pensionable age;
his employer made minimum payments in respect of his employment to a money purchase contracted-out scheme, and
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the manner in which, and time at which or period within which, minimum payments are to be made;
for the recovery by employers of amounts in respect of the whole or part of minimum payments by deduction from earnings;
for calculating the amounts payable according to a scale prepared from time to time by the Department or otherwise adjusting them so as to avoid fractional amounts or otherwise facilitate computation;
for requiring that the liability in respect of a payment made in a tax week, in so far as the liability depends on any conditions as to a person’s age on retirement, shall be determined as at the beginning of the week or as at the end of it;
for securing that liability is not avoided or reduced by the payment of earnings being made in accordance with any practice which is abnormal for the employment in respect of which the earnings are paid;
without prejudice to paragraph (e), for enabling the Department, where it is satisfied as to the existence of any practice in respect of the payment of earnings whereby the incidence of minimum payments is avoided or reduced by means of irregular or unequal payments of earnings, to give directions for securing that minimum payments are payable as if that practice were not followed;
for the intervals at which, for the purposes of minimum payments, payments of earnings are to be treated as made; and
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 prescribed period.
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.
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.
Regulations shall provide for the determination by the Department 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.
In subsection (2) “the applicable limit” means—
in relation to a tax year before 2009–10, the upper earnings limit;
in relation to 2009–10 or any subsequent tax year, the upper accrual point.
In this Act—
This section applies for the interpretation of this Act.
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.
“Contracting-out certificate” means a certificate of the kind mentioned in subsection (2).
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).
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).
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.
“Appropriate scheme certificate” means a certificate of the kind mentioned in subsection (6).
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.
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) ....
An occupational pension scheme satisfies this subsection only if—
in relation to any earner’s service before the principal appointed day, it satisfies the conditions of subsection (2A); and
in relation to any earner’s service on or after that day, it satisfies the conditions of subsection (2B).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the requirements imposed by or by virtue of sections 18 and 22 to 28 and such other requirements as may be prescribed are satisfied in its case; and
the rules of the scheme applying to protected rights are framed so as to comply with the relevant requirements.
The conditions of this subsection are that—
the scheme complies in all respects with sections 9 to 20E or, in such cases or classes of case as may be prescribed, with those sections as modified by regulations; and
the rules of the scheme applying to guaranteed minimum pensions are framed so as to comply with the relevant requirements.
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 Inland Revenue may, if they think fit, treat them for contracting-out purposes as a single scheme.
The conditions of this subsection are that the Inland Revenueare satisfied that— and are satisfied that the rules of the scheme are framed so as to comply with the relevant requirements.
the scheme complies with section 8A;
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;
the scheme satisfies such other requirements as may be prescribed (which—
must include requirements as to the amount of the resources of the scheme, and
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
the scheme does not fall within a prescribed class or description;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the requirements imposed by or by virtue of sections 22 to 28 and such other requirements as may be prescribed are satisfied in its case; and
the rules of the scheme applying to protected rights are framed so as to comply with the relevant requirements.
Regulations may modify subsection (2B)(a) and (b) in their application to occupational pension schemes falling within a prescribed class or description.
In this section “relevant requirements” means—
the requirements of any regulations prescribing the form and content of rules of contracted-out ... schemes; and
such other requirements as to form and content (not inconsistent with regulations) as may be imposed by the Department as a condition of contracting-out ... either generally or in relation to a particular scheme.
Regulations about pension schemes made under this Chapter may contain provisions framed by reference to whether or not a scheme is a registered pension scheme under section 153 of the Finance Act 2004.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsections (2) and (3), the protected rights of a member of a pension scheme are his rights to money purchase benefits under the scheme.
If the rules of an occupational pension scheme so provide, a member’s protected rights are—
his rights under the scheme which derive from the payment of minimum payments together with any payments by the Department to the scheme under Article 9 of the Social Security (Northern Ireland) Order 1986 in respect of the member;
any rights of the member to money purchase benefits which derive from protected rights under another occupational pension scheme or under a personal pension scheme which have been the subject of a transfer payment; and
such other rights as may be prescribed.
If the rules of a personal pension scheme so provide, a member’s protected rights are—
his rights under the scheme which derive from any payment of minimum contributions to the scheme; and
any rights of his to money purchase benefits which derive from protected rights under another personal pension scheme or protected rights under an occupational pension scheme which have been the subject of a transfer payment; and
such other rights as may be prescribed.
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.
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.
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.
If the Inland Revenue consider that an employer is contravening subsection (3) in relation to any scheme, they may—
refuse to give effect to any election made by him in relation to that scheme; or
cancel any contracting-out certificate held by him in respect of it.
Regulations may make provision—
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;
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—
to employees in any employment to which the scheme applies or to which it is proposed that it should apply;
to any independent trade union recognised to any extent for the purpose of collective bargaining in relation to those employees;
to the trustees and managers of the scheme; and
to such other persons as may be prescribed;
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);
for empowering the Inland Revenue to refuse to give effect to an election made by an employer unless they are satisfied that he has complied with the requirements of the regulations;
for referring to an industrial tribunal any question—
whether an organisation is such a trade union as is mentioned in paragraph (b)(ii), or
whether the requirements of the regulations as to consultation have been complied with.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A contracting-out certificate shall state whether the scheme is contracted-out by virtue of subsection (2) or (3) of section 5.
Where a scheme satisfies both of those subsections the employers, in their application for a certificate, shall specify one of those subsections as the subsection by virtue of which they wish the scheme to be contracted-out.
A scheme which has been contracted-out by virtue of one of those subsections may not become contracted-out by reason of the other except in prescribed circumstances.
Subject to the provisions of this Part, the scheme must—
provide for the earner to be entitled to a pension under the scheme if he attains pensionable age; and
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.
In the case of an earner who was 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 Social Security Contributions and Benefits (Northern Ireland) Act 1992 at 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— “Relevant year” has the meaning given by section 10(8).
provide for her to be entitled to a pension under the scheme if she attains pensionable age . . .
satisfy such other conditions as may be prescribed.
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.
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.
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.
The scheme must provide for the earner’s consent to be required—
for any such postponement by virtue of employment to which the scheme does not relate; and
for any such postponement after the expiration of five years from the date on which he attains pensionable age.
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.
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— 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.
was for him non-participating employment under that legislation; and
was not on its termination the subject of any payment in lieu of contributions;
In this section “the former legislation” means Part III of the National Insurance Act (Northern Ireland) 1966 and the previous corresponding enactments.
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.
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.
Where— the scheme is to be treated by subsection (1) as including the requirements.
a scheme is permitted by any of those sections to include provision subject to certain requirements, and
the scheme includes the provision but not the requirements,
This section overrides any provision of a scheme to the extent that the provision of the scheme conflicts with it.
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—
earnings were paid to or for the earner's benefit in respect of employment which was contracted-out by reference to the scheme; and
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).
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 excess earnings mentioned in subsection (1)(b) upon which primary Class 1 contributions have been paid or treated as paid.
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earnings such as are mentioned in subsection (1) have been paid to a married woman or widow who is liable to pay primary Class 1 contributions at a reduced rate by virtue of section 19(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, and
the tax week in which those earnings are paid falls in the tax year 1991-92 or any subsequent tax year,
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.
Where the amount of a person’s earnings for any period is relevant for any purpose of subsection (1) or (2) and the Inland Revenue are satisfied that records of those earnings have not been maintained or retained or are otherwise unobtainable, they may for that purpose—
compute, in such manner as theythink fit, an amount which shall be regarded as the amount of those earnings; or
take their amount to be such sum as they may specify in the particular case.
In subsection (2) the “appropriate percentage” means— 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.
in respect of the earner’s earnings factors for any tax year not later than the tax year 1987-88—
if the earner was not more than 20 years under pensionable age on 6th April 1978, 1.25 per cent.;
in any other case 25/N per cent.;
in respect of the earner’s earnings factors for the tax year 1988-89 and for subsequent tax years—
if the earner was not more than 20 years under pensionable age on 6th April 1978, 1 per cent.;
in any other case 20/N per cent.;
Regulations may prescribe rules as to the circumstances in which earnings factors are derived from earnings for the purposes of subsection (2).
For the purposes of subsection (2) the weekly equivalent of the amount there mentioned shall be calculated by dividing that amount by 52.
In this section “relevant year” means any tax year in the earner’s working life (not being earlier than the tax year 1978-79 or later than tax year ending immediately before the principal appointed day).
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.—
of the amount of that minimum apart from this subsection; or
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.
In subsection (1) “week” means any period of seven consecutive days.
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.
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.
“relevant year” means any tax year in the earner’s working life, “final relevant year” means the last tax year in the earner’s working life.
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 Social Security Pensions (Northern Ireland) Order 1975 or section 130 of the Social Security Administration (Northern Ireland) Act 1992 to come into operation before the end of the final relevant year.
The 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”). The scheme may provide that in a case where— 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”).
an earner was, before the second abolition date, in contracted-out employment by reference to a scheme, and
the earner ceases to be in pensionable service under the scheme before the final relevant year,
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 the 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
5 per cent. compound for each relevant year after the last service tax year; or
the amount by which an earnings factor for that year equal to that weekly equivalent would be increased by the last order under Article 23 of the Social Security Pensions (Northern Ireland) Order 1975 or section 130 of the Social Security Administration (Northern Ireland) Act 1992 to come into operation before the end of the final relevant year,
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.
In this section—
“flat rate benefit” means any benefit the rate or amount of which is calculated by reference solely to the member’s length of service;
compute, in such manner as they think fit, an amount which shall be regarded as the amount of those earnings; or
take their amount to be such sum as they may specify in the particular case,
Subject to the provisions of this Part, the scheme must provide that if the earner dies leaving a widow, widower or surviving civil partner (whether before or after attaining pensionable age), the widow, widower or surviving civil partner will be entitled to a guaranteed minimum pension under the scheme.
The scheme must contain a rule to the effect that—
if the earner is a man , 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;
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.
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;
subject 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.
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;
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.
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.
The widow’s guaranteed minimum shall be half that of the earner.
The widower’s or surviving civil partner's or surviving same sex spouse’s guaranteed minimum shall be one-half of that part of the earner’s guaranteed minimum which is attributable to earnings factors for the tax year 1988-89 and subsequent tax years.
In the case of a woman who is the widow of a man, the scheme must also make provision for the widow’s pension to be payable to her for any period for which a . . . widowed mother’s allowance or widow’s pension is payable to her by virtue of the earner’s contributions . . ..
In any other case, the scheme must also make provision for the widower’s , widow’s or surviving civil partner’s pension to be payable in the prescribed circumstances and for the prescribed period.
Subject to subsection (4B) The scheme must provide for the widow's, widower’s or surviving civil partner's pension to be payable to the widow, widower or surviving civil partner—
for any period for which a Category B retirement pension is payable to the widow, 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);
for life, in a case where—
the widow, widower or surviving civil partner attained state pension age on or after the second abolition date, and
the earner died on or after the date on which the widow, widower or surviving civil partner attained state pension age;
for any period after the widow, widower or surviving civil partner has attained state pension age, in a case where—
the earner died before the widow, widower or surviving civil partner attained state pension age,
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
the widow, widower or surviving civil partner attained state pension age on or after the second abolition date;
for any period for which widowed parent’s allowance or bereavement allowance is payable to the widow, widower or surviving civil partner by virtue of the earner’s contributions; and
in the case of a widow, 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 widow, 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—
comprises a period during which— are living together as if spouses of each other, nor
the widow, widower or surviving civil partner, and
another person,
falls after the time of any— by the widow or widower or surviving civil partner which takes place after the earner’s death.
marriage, or
formation of a civil partnership,
The trustees or managers of the scheme shall supply to the Inland Revenue any such information as the Inland Revenue may require relating to the payment of pensions under the scheme to widows, widowers or surviving civil partners.
Sub-paragraphs (i)(b) and (ii)(b) of subsection (4A)(c) do not apply where the earner dies before 5th December 2005.
Where— 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.
a lump sum is paid to an earner under provisions included in a scheme by virtue of section 17(1), and
those provisions are of a prescribed description,
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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.
This section is subject to regulations under section 34A.
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—
the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
the marriage of the earner and her widow , 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.
Where— his guaranteed minimum in relation to the scheme is, subject to subsection (2), reduced by the appropriate percentage.
an earner has a guaranteed minimum in relation to the pension provided by a scheme, and
his right to the pension becomes subject to a pension debit,
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.
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.
For the purposes of this section, the appropriate percentage is—
if the order or provision on which the pension debit depends specifies the percentage value to be transferred, that percentage;
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).
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.
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—
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
aggregating the two amounts so calculated.
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—
if it is carried out not earlier than the time when that person’s pensionable service terminates; and
if and to the extent that it results in guaranteed minimum pensions for or in respect of that person being appropriately secured; and
if and to the extent that the requirements set out in paragraph (a), (b) or (c) of subsection (5) are satisfied.
This section applies to the following transactions—
the taking out of a policy of insurance or a number of such policies;
the entry into an annuity contract or a number of such contracts;
the transfer of the benefit of such a policy or policies or such a contract or contracts.
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.
A policy of insurance or annuity contract is appropriate for the purposes of this section if—
the insurer with which it is or was taken out or entered into—
is, or was at the relevant time, carrying on . . . long-term insurance business in the United Kingdom ...; and
satisfies, or at the relevant time satisfied, prescribed requirements; and
it may not be assigned or surrendered except on conditions which satisfy such requirements as may be prescribed; and
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
it satisfies such other requirements as may be prescribed.
The requirements referred to in subsection (1) are—
that the arrangement for securing the amount by means of the policy or contract was made—
at the written request of the earner or, if the earner has died, of the earner’s widow, widower or surviving civil partner; or
with the consent of the earner or the widow, widower or surviving civil partner given in writing in a prescribed form;
that—
the case is one such as is mentioned in section 92(2); and
the policy or contract only secures guaranteed minimum pensions;
that—
the case is not one such as is mentioned in section 92(2); and
such conditions as may be prescribed are satisfied.
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.
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Regulations may prescribe circumstances in which and conditions subject to which—
a transfer of or a transfer payment in respect of— may be made by an occupational pension scheme to another such scheme , to a personal pension scheme or to an overseas arrangement;
an earner’s accrued rights to guaranteed minimum pensions under a scheme that was a contracted-out scheme;
an earner’s accrued rights to pensions under an occupational pension scheme ... to the extent that those rights derive from his accrued rights to guaranteed minimum pensions under a scheme that was a contracted-out scheme; or
the liability for the payment of guaranteed minimum pensions to or in respect of any person who has become entitled to them,
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 , a personal pension scheme or an overseas arrangement.
Any such regulations may be made so as to apply to earners who are not in employment at the time of the transfer.
Regulations under subsection (1) may provide that any provision of this Part (other than sections 14, 15 and 39 to 41, ... 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.
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.
The power conferred by subsection (1) is without prejudice to the generality of section 177(2) or section 17(5) of the Interpretation Act (Northern Ireland) 1954.
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 widow, 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.
A 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.
Neither section 9 nor section 13 shall preclude a scheme from providing for the earner’s or the earner’s widow's, widower’s or surviving civil partner's guaranteed minimum pension to be suspended or forfeited in such circumstances as may be prescribed.
payments made or to be made by one or more employers of earners to whom the scheme applies, being payments either—
under an actual or contingent legal obligation; or
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
such other payments by the earner or his employer, or both, as may be prescribed for different categories of scheme.
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regulations prescribing the means by which guaranteed minimum pensions under contracted-out schemes are to be secured (whether irrevocable trust, policy of insurance, annuity contract or other means); and
the conditions which are required by the regulations to be satisfied in relation to any means adopted;
Subject to subsection (3), the scheme must contain a rule by which any liabilities of the scheme in respect of— 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.
guaranteed minimum pensions and accrued rights to guaranteed minimum pensions;
any such benefits as are excluded by section 9(6) from earners’ guaranteed minimum pensions;
pensions and other benefits (whether or not within paragraph (a) or (b)) in respect of which entitlement to payment has already arisen; and
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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—
he will be entitled on ceasing to be in employment, or
the earner’s widow, widower or surviving civil partner or any dependant of the earner’s will be entitled on the earner’s death.
Subsections (2) and (3) do not apply to public service pension schemes.
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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.
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.
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The Board must be satisfied that the resources of the scheme are sufficient—
for meeting from time to time all claims in respect of guaranteed minimum pensions so far as falling to be met out of those resources, having regard to the expected extent of the scheme’s resources and its other liabilities at any time when claims may be expected to arise; and
for paying state scheme premiums in respect of all persons at any time entitled to, or having accrued rights to, guaranteed minimum pensions under the scheme; and
for meeting in full in the event of an immediate winding up—
the liabilities accorded priority in accordance with section 19(2) and (3), and
the expenses of administration so far as those expenses are payable out of the resources of the scheme.
Subsection (1) does not apply to public service schemes and the duties imposed on the Board by that subsection shall cease to subsist in relation to guaranteed minimum pensions for a member and the member’s widow or widower where a scheme has ceased by virtue of section 15 to be liable to provide those pensions.
Regulations may provide for subsection (1) to have effect in prescribed cases—
with the omission of paragraphs (b) and (c), or
with the omission of either of those paragraphs, or
with the substitution for both or either of those paragraphs of provisions specified in the regulations.
In considering a scheme by reference to the considerations of subsection (1), the Board shall have regard to any investments held for the purposes of the scheme.
In this section and sections 20B to 20H—
the rules specified in sections 9(1)(a) and (b) and 13(1) are referred to as the “guaranteed minimum pension rules”,
“GMP conversion” means amendment of the scheme in relation to an earner so that it no longer contains the guaranteed minimum pension rules, “GMP conversion” means—
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
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),
“P” means—
in relation to a GMP conversion within paragraph (b)(i), the earner mentioned in that provision;
in relation to a GMP conversion within paragraph (b)(ii), the survivor mentioned in that provision,
a “GMP-converted scheme” is a scheme which has been subject to GMP conversion,
“the conversion date” means the date on which that amendment takes effect,
“the pre-conversion benefits” means the benefits provided under the scheme in relation to P immediately before the conversion date (disregarding money purchase benefits),
“the post-conversion benefits” means the benefits which are provided under the converted scheme in relation to P (disregarding money purchase benefits),
“the converted scheme” means the scheme as it has effect immediately after conversion, and
“the trustees” in relation to a scheme means the trustees, managers or other persons responsible under the scheme for effecting amendments of it.
The Department must give such guidance (if any) as it thinks appropriate about GMP conversion.
This section specifies the conditions referred to in sections 9(1A) and 13(1A) (for exemption from the requirement to guarantee a minimum pension).
Condition 1 is that the post-conversion benefits (disregarding money purchase benefits) must be actuarially at least equivalent to the pre-conversion benefits (disregarding money purchase benefits) .
Condition 2 is that if the earner P was entitled immediately before the conversion date to the payment of a pension under the scheme, the converted scheme does not provide for a reduction of, or have the effect of reducing, the amount of that pension immediately after conversion.
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.
Condition 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. Condition 4 is that, in the case of a GMP conversion within section 20A(1)(b)(i) (GMP conversion in relation to earner)—
the converted scheme provides benefits to or in respect of any widow, widower or surviving civil partner of P, and
such conditions as may be prescribed are met in relation to those benefits.
Condition 5 is that the procedural requirements of section 20E have been complied with.
In applying these conditions to a scheme in respect of an earner—
it is immaterial whether or not on the conversion date the scheme was also converted in respect of other earners in relation to persons other than P , and
it is immaterial (except for Condition 2) whether or not on the conversion date the earner P was entitled to the payment of a pension under the scheme.
Regulations may make provision for determining actuarial equivalence for the purpose of Condition 1 of section 20B.
This section specifies the benefits mentioned in Condition 4 of section 20B.
The first benefit is that if the earner is 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—
beginning with 6th April 1978, and
ending with 5th April 1997.
The second benefit is that if the earner is a married woman (other than in a relevant gender change case), a man married to a man, or (subject to subsection (3A)) a civil partner, and the earner dies (whether before or after attaining normal pension age) leaving a widower , 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—
beginning with 6th April 1988, and
ending with 5th April 1997.
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—
beginning with 6th April 1978, and
ending with 5th April 1997.
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—
the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
the marriage of the earner and her widow , 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.
This section is subject to regulations under section 34A.
This section specifies the procedural requirements that must be complied with in order to satisfy Condition 5 of section 20B.
The employer Each relevant person (if any) in relation to the scheme must consent to the GMP conversion in advance.
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.
The trustees must take all reasonable steps to—
consult the earner P in advance, and
notify all members, and survivors, affected by the GMP conversion before, or as soon as is reasonably practicable after, the conversion date.
The Commissioners for Her Majesty's Revenue and Customs must be notified on or before the conversion date—
that the GMP conversion will occur or has occurred, and
that it affects the earner.
Regulations may prescribe—
restrictions on the transfer of the earner's accrued rights under a GMP-converted scheme accrued rights of a person in relation to whom GMP conversion has been effected ;
conditions which must be complied with on the transfer of the earner's accrued rights under a GMP-converted scheme accrued rights of a person in relation to whom GMP conversion has been effected .
Section 16(2) and (5) shall apply to regulations under this section.
Where a member of a non-GMP-converted scheme makes an application under section 91(1), the trustees may with his consent adjust any ... 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. Where— 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.
a member of a scheme makes an application under section 91(1), and
GMP conversion has not been effected in relation to the member,
The trustees of an occupational pension scheme may by resolution modify it so as to effect GMP conversion (whether in relation to present earners, pensioners or survivors) in accordance with the conditions of section 20B.
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.
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.
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.
In 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.
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—
in respect of a specified person or class of person,
to a specified extent, and
as from a specified time.
Where the Regulatory Authority makes an order under subsection (1) it may—
require the trustees of the scheme concerned to take specified steps;
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.
An order may be made under subsection (1) before or after the amendment, modification or adjustment takes effect.
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—
prohibit the taking of further steps in the GMP conversion (whether generally or in relation to specified steps), and
require the trustees of the scheme to take specified steps before resuming the process of GMP conversion.
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.
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 widows, widowers or surviving civil partners, satisfy the statutory standard.
Subject to regulations made by virtue of section 5(2B)(c)(ii), in applying this section regard must only be had to— collectively, and the pensions to be provided for persons falling within paragraph (a) or (b) must be considered as a whole.
earners in employed earner’s employment, or
their widows, widowers or surviving civil partners,
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.
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.
Regulations made by virtue of subsection (4) may provide for the determination to be made in accordance with guidance prepared by a prescribed body ....
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.
“the applicable limit” means— in relation to a tax year before 2009–10, the upper earnings limit for the year multiplied by 53; in relation to 2009–10 or any subsequent tax year, the upper accrual point multiplied by 53; “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.
This section applies for the purposes of section 8A.
A reference scheme is an occupational pension scheme which—
complies with each of subsections (3) and (4), and
complies with any prescribed requirements.
In relation to earners employed in employed earner’s employment, a reference scheme is one which provides—
for them to be entitled to a pension under the scheme commencing at a normal pension age of 65 and continuing for life, and
In relation to widows, widowers or surviving civil partners, a reference scheme is one which provides—
for the widows, 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
for entitlements to those pensions to commence on the day following the death of the earners, and
except in prescribed circumstances, for the annual rate of those pensions to be—
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
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
if those pensions are payable in respect of earners who die— 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).
otherwise than in pensionable service under the scheme, and
before their own entitlements to pensions under the scheme have commenced,
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—
exceed the qualifying earnings factor for that year; and
do not exceed the applicable limit.
Regulations may modify subsections (2) to (5).
In this section—
Regulations may prohibit or restrict— except in prescribed circumstances or on prescribed conditions.
the transfer of any liability—
for the payment of pensions under a relevant scheme, or
in respect of accrued rights to such pensions,
the discharge of any liability to provide pensions under a relevant scheme, or
the payment of a lump sum instead of a pension payable under a relevant scheme,
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.
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.
In 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.
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no part, or no more than a specified proportion, of the scheme’s resources shall be invested in investments of a specified class or description; or
the whole or a specified proportion of investments of a specified class or description forming part of the scheme’s resources when the condition is imposed shall be realised before the end of a specified period.
A scheme 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—
the Inland Revenue are kept informed about any matters affecting the security of the minimum pensions guaranteed under the scheme, and
the resources of the scheme are brought to and are maintained at a level satisfactory to the Inland Revenue.
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Where the rules of the scheme make such provision as is mentioned in section 6(2) or (3), they must also make provision for the identification of the protected rights.
The value of such protected rights as are mentioned in section 6(2) or (3) must be calculated in a manner no less favourable than that in which the value of any other rights of the member to money purchase benefits under the scheme are calculated.
Subject to subsection (2), the value of protected rights must be calculated and verified in such manner as may be prescribed.
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The rules of the scheme must provide for effect to be given to the protected rights of a member— and they must not provide for any part of a member’s protected rights to be discharged otherwise than in accordance with those subsections.
in any case where subsection (3) so requires, by the purchase of such an annuity as is mentioned in that subsection, and
in any other case, in such of the ways permitted by the following subsections as the rules may specify,
Effect may be given to protected rights—
by the provision by the scheme of a pension which—
complies with the pension requirements (within the meaning of section 25(1)), and
satisfies such conditions as may be prescribed; or
in such circumstances and subject to such conditions as may be prescribed, by the making of a transfer payment— where the scheme to which the payment is made satisfies such requirements as may be prescribed.
in the case of an occupational pension scheme, to another occupational pension scheme or to a personal pension scheme, and
in the case of a personal pension scheme, to another personal pension scheme or to an occupational pension scheme,
exceeds
the rules of the scheme do not provide for a pension; or
then— shall be void.
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.
the appropriate flat-rate percentage of that part of those earnings.
A member of an occupational pension scheme loses any right acquired by him under section 97AB—
if the scheme is wound up, or
subject to subsection (2), if he fails to exercise the right on or before the reply date.
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—
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,
in the case of a dispute falling within subsection (1)(d), by or on behalf of any of the parties to the dispute,
in the case of a dispute falling within subsection (1)(e), by or on behalf of at least half the trustees of the scheme,
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,
in the case of a question falling within subsection (1)(g), by or on behalf of the sole trustee.
the member so elects,
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.
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.
Where the trustees or managers determine a later date under subsection (2)—
they must give a notice in writing to that effect to the member, and
subsection (1)(b) applies in relation to the member as if the reference to the reply date were a reference to the later date.
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)—
omit the word “registering”, and
the last known address of any person is his latest address known to the trustees or managers of the scheme.
This Chapter is subject to any provision made by or under section 57 (deduction of contributions equivalent premium from refund of scheme contributions)—
permitting any amount to be deducted from any payment of a contribution refund, or
requiring the payment of a contribution refund to be delayed.
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In this Chapter, except where the context otherwise requires, the following expressions have the following meanings—
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.
Effect may be given to protected rights by the provision of a lump sum if—
the lump sum is payable on a date which is—
in the case of an occupational pension scheme, a date not earlier than that on which the member attains the age of 60 nor later than that on which he attains the age of 65, or
in the case of a personal pension scheme, the date on which the member attains pensionable age, or
in either case, such later date as has been agreed by him;
the annual rate of a pension under subsection (2) or an annuity under subsection (3) giving effect to the protected rights and commencing on the date on which the lump sum is payable would not exceed the prescribed amount;
the circumstances are such as may be prescribed; and
the amount of the lump sum is calculated in a manner satisfactory to the Board by reference to the amount of the pension or annuity.
If the member has died without effect being given to protected rights under subsection (2), (3) or (4), effect may be given to them in such manner as may be prescribed.
No transaction is to be taken to give effect to protected rights unless it falls within this section.
Effect need not be given to protected rights if they have been extinguished—
in the case of an occupational pension scheme, by the payment of a contracted-out protected rights premium under section 51; or
in the case of a personal pension scheme, by the payment of a personal pension protected rights premium under that section.
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For the purposes of section 24 a pension complies with the pension requirements if—
it commences— and continues until the date of his death; and
in the case of an occupational pension scheme, on a date not earlier than that on which the member attains the age of 60 nor later than that on which he attains the age of 65, or
in the case of a personal pension scheme, on the date on which the member attains pensionable age, or
in either case, on such later date as has been agreed by him,
in a case where the member dies while it is payable to him and is survived by a widow or widower—
it is payable to the widow or widower in prescribed circumstances and for the prescribed period at an annual rate which at any given time is one-half of the rate at which it would have been payable to the member if the member had been living at that time; or
where that annual rate would not exceed a prescribed amount and the circumstances are such as may be prescribed, a lump sum calculated in a manner satisfactory to the Board is provided in lieu of it.
As respects the period of 5 years beginning with the commencement of the pension referred to in subsection (1), that subsection shall have effect in relation to that pension as if the words “at least” were inserted immediately before the words “one-half” in paragraph (b)(i).
For the purposes of section 24 an annuity complies with the annuity requirements if—
it satisfies the requirements mentioned in subsections (1) and (2) (taking the references in those subsections to pensions as references to annuities); and
it is provided by an insurance company which—
satisfies prescribed conditions;
complies with such conditions as may be prescribed as to the calculation of annuities provided by it and as to the description of persons by or for whom they may be purchased; and
subject to subsection (4), has been chosen by the member.
A member is only to be taken to have chosen an insurance company if he gives notice of his choice to the trustees or managers of the scheme within the prescribed period and in such manner and form as may be prescribed, and with any such supporting evidence as may be prescribed; and, if he does not do so, the trustees or managers may themselves choose the insurance company instead.
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The Board must be satisfied that the scheme complies with any such requirements as may be prescribed for meeting the whole or a prescribed part of any liability in respect of protected rights under the scheme which the scheme is unable to meet from its own resources—
by reason of the commission by any person of a criminal offence;
in such other circumstances as may be prescribed.
Subsection (1) does not apply to a public service pension scheme.
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The scheme must comply with such requirements as may be prescribed as regards the investment of its resources and with any direction of the Board—
that no part, or no more than a specified proportion, of the scheme’s resources shall be invested in investments of a specified class or description;
that the whole or a specified proportion of investments of a specified class or description forming part of the scheme’s resources when the direction is given shall be realised before the end of a specified period.
“the appointed day” means the day on which this Chapter comes into operation;
to defray the administrative expenses of the scheme;
to pay commission; or
in any other way which does not result in the provision of benefits for or in respect of members.
Subject to subsection (4)—
in the case of an occupational pension scheme, all minimum payments and any payments made by the Department under Article 9 of the Social Security (Northern Ireland) Order 1986, and
in the case of a personal pension scheme, all minimum contributions,
If regulations are made under subsection (2), the payments mentioned in paragraph (a) of subsection (3) and the contributions mentioned in paragraph (b) of that subsection may be used in any way which the regulations permit, but not in any way not so permitted except to provide money purchase benefits for or in respect of the member.
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Regulations shall provide for the cancellation, variation or surrender of a contracting-out certificate, or the issue of a new certificate—
on any change of circumstances affecting the treatment of an employment as contracted-out employment; or
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.
Regulations may enable the Inland Revenue to cancel or vary a contracting-out certificate where—
they 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
the employer does not show that it ought to be so treated.
Where by 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 ... 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 ... certificate.
by 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, or
by or by virtue of any provision of sections 22 to 28 a scheme’s being an appropriate scheme depends on the satisfaction of a particular condition,
A contracting-out certificate in respect of any employment may be withheld or cancelled by the Inland Revenue if they 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 they would otherwise treat as proper to be contracted-out in relation to all earners in that employment.
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Without prejudice to their powers apart from this subsection, the Inland 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.
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 Inland Revenue may, in respect of any employment to which the scheme relates, cancel a contracting-out certificate.
non-compliance with any such condition as is mentioned in subsection (1) of section 21 shall be a ground on which the Board may withhold or cancel a contracting-out certificate in respect of any employment within the application of the scheme; and
non-compliance with any such condition as is mentioned in subsection (2) of that section shall be a ground on which the Board may cancel a contracting-out certificate issued in respect of any such employment.
Except in prescribed circumstances, no cancellation, variation or surrender of a contracting-out certificate ...shall have effect from a date earlier than that on which the cancellation, variation or surrender is made.
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.
This section applies in any case where—
a contracting-out certificate (“the first certificate”) has been surrendered by an employer or cancelled by the Board; and
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.
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.
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.
Regulations may make such supplemental provision in relation to cases falling within this section as the Department considers necessary or expedient.
For the purposes of subsection (1)—
they are substantially the same, however described; or
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.
Subsections (2) to (2D) and (3) apply where— 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 the upper accrual point (or the prescribed equivalents if the earner is paid otherwise than weekly).
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
the earner’s service in the employment is service which qualifies him for a pension provided by a money purchase contracted-out scheme,
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This section applies where—
an employee is a member of a personal pension scheme; and
direct payment arrangements exist between the employee and his employer.
The amount of any primary 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 shall be reduced by an amount equal to the appropriate flat-rate percentage of the relevant part of the earnings (“Amount R1”).
In this Chapter, references to the relevant statement under section 97H, in relation to a transfer notice in relation to benefits other than money purchase benefits, are to the statement under that section on which the giving of the notice depended.
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—
on the employer’s own account (but in respect of the employee); or
on behalf of the employee out of deductions from the employee’s earnings.
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”).
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.
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.
The aggregate of Amounts R1 and R2 shall be set off—
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
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— 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 Social Security Contributions and Benefits (Northern Ireland) Act 1992.
paid to or for the benefit of any other employed earner (whether in contracted-out employment or not), and
in relation to which the secondary contributor is such a contributor;
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.
If—
any balance remains, and
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.
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).
The employer must comply with a request under subsection (4) within a reasonable period.
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.
Where— they must give notice to that effect to the Regulatory Authority and the employee within a reasonable period after the due date.
a contribution payable under the direct payment arrangements has not been paid on or before its due date, and
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,
If—
the employer fails to take all such steps as are reasonable to secure compliance with subsection (6) and as a result the trustees or managers of the scheme are unable to discharge the duty imposed by subsection (3) , or
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,
Regulations shall prescribe the cases in which employers are to be treated as connected for the purposes of this section.
This section applies in any case where—
a contracting-out certificate (“the first certificate”) has been surrendered by an employer or cancelled by the Board;
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
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.
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.
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.
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.
Regulations may make such supplemental provision in relation to cases falling within this section as the Department considers necessary or expedient.
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 Social Security Contributions and Benefits (Northern Ireland) Act 1992 as may be prescribed.
“scheme rules”, in relation to a pension scheme, has the meaning given by section 96B;
they are substantially the same, however described; or
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.
to affect any of the matters dealt with in sections 22 to 29; or
to cause the scheme to take a different permitted form from that previously taken,
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.
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.
to an alteration consequential on a provision of the Health and Social Security (Northern Ireland) Order 1984, the Social Security (Northern Ireland) Order 1985 or the Social Security (Northern Ireland) Order 1986 (or any provision of this Act derived from any such provision); or
to an alteration of a prescribed description.
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.
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.
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—
the widower of a female earner;
the widower of a male earner;
the widow of a female earner, except where it is a relevant gender change case; or
the survivor of a civil partnership with an earner , except for a surviving civil partner who is a woman in the case of an earner to whom subsection (5A) applies.
A reference in subsection (5)(c) or (d) or (5A) to a relevant gender change case is a reference to a case where—
the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
the marriage of the earner and her widow , 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.
This subsection applies to an earner who is—
a man, or
a woman in a relevant gender change case.
This section is subject to regulations under section 34A.
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“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;
the Board have given their consent to the alteration; and
notice of intention to apply for their consent was given in accordance with the requirements mentioned in subsection (7) or was so given except in so far as the Board dispenses with the necessity for such a notice.
to a Category A or Category B retirement pension, a widowed mother’s allowance , a widowed parent’s allowance, or a widow’s pension under the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and
to one or more guaranteed minimum pensions,
the Department of Finance and Personnel, or
Subsection (1) does not apply to an alteration of a prescribed description.
Subject to subsection (4), any alteration to which subsection (1) applies shall be void if it is made without the conditions mentioned in subsection (1) being satisfied.
A consent given by the Board for the purposes of this section shall, if and to the extent that the Board so direct, operate so as to validate with retrospective effect any alteration of the rules which would otherwise be void under this section.
This section shall continue in force in relation to a scheme after it has ceased to be an appropriate scheme so long as any person has protected rights under the scheme.
The reference in subsection (1)(b) to a permitted form is to one of the following forms, namely—
an arrangement for the issue of insurance policies or annuity contracts;
a unit trust scheme of a kind mentioned in Part I of Schedule 1 to the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1988 which has been authorised under section 78(1) of or by virtue of paragraph 9 of Schedule 15 to the Financial Services Act 1986;
an arrangement for the investment of contributions in an interest-bearing account (including shares in or deposits with a building society (within the meaning of the Building Societies Act 1986)).
The requirements referred to in subsection (1)(ii) are—
that the notice is given in writing— by sending it to his last known address; and
to any member of the scheme who has protected rights under it; and
to any earner who has given a notice under section 40(1) jointly with the managers or trustees of the scheme, being a notice which has not been cancelled,
that the notice specifies—
the name of the scheme,
the nature of the proposed alteration and its effect on the persons to whom the notice is given, and
the date on which it is proposed that the alteration should take effect (which must not be less than 3 months after that on which the notice is given).
Regulations may prohibit or restrict— except in prescribed circumstances or on prescribed conditions.
the transfer of any liability—
for the payment of pensions under a relevant scheme, or
in respect of accrued rights to such pensions,
the discharge of any liability to provide pensions under a relevant scheme, or
the payment of a lump sum instead of a pension payable under a relevant scheme,
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—
an earner's service on or after the principal appointed day in employment that was contracted-out employment by reference to another scheme, or
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).
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.
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, ... .
This Chapter has effect for the purpose—
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of providing for contributions to be paid by the Inland Revenue in respect of earners who are members of money purchase contracted-out schemes and members of appropriate personal pension schemes; and
of making provision concerning the payment of certain social security benefits payable in respect of members and former members of schemes that were contracted-out pension schemes.
Subsections (1A) to (1E) apply where— 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 the upper accrual point (or the prescribed equivalents if the earner is paid otherwise than weekly).
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
the earner’s service in the employment is service which qualifies him for a pension provided by a salary related contracted-out scheme,
Where— 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.
an earner has ceased to be employed in an employment; and
earnings are paid to him or for his benefit within the period of 6 weeks, or such other period as may be prescribed by regulations made by the Secretary of State, from the day on which he so ceased,
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 Social Security Contributions and Benefits (Northern Ireland) Act 1992 (reduced rates for married women and widows).
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Whenever the Secretary of State makes an order under section 42 of the Pension Schemes Act 1993 altering, with effect from any date, either or both of the contracted-out percentages for the time being applying under section 41 of that Act, the Department may make a corresponding order for Northern Ireland altering, with effect from the same date, either or both of the contracted-out percentages applying under section 37.
An order under subsection (1) may contain consequential provisions altering any percentage for the time being specified in paragraph 2(3) of Schedule 3 as that percentage applies in relation to earnings paid or payable on or after the day as from which the order is to have effect.
Subject to the following provisions of this Part, the Inland Revenue shall, except in such circumstances or 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—
is over the age of 16 but has not attained pensionable age;
is not a married woman or widow who has made an election which is still operative that so 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
is a member of an appropriate personal pension scheme which is for the time being the earner’s chosen scheme.
Subject to subsection (3), minimum contributions in respect of an earner shall be paid to the earner .
In such circumstances as may be prescribed minimum contributions shall be paid to a prescribed person.
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 Inland Revenueare required to pay minimum contributions, the duty of the Inland Revenue to pay them shall cease as from a date determined in accordance with regulations made by the Secretary of State.
If the Inland Revenuepay an amount by way of minimum contributions which they are not required to pay, the Inland Revenue may recover it—
from the person to whom the Inland Revenue paid it, or
from any person in respect of whom the Inland Revenue paid it.
If the Inland Revenuepay in respect of an earner an amount by way of minimum contributions which the Inland Revenueare required to pay, but do not pay it to the trustees or managers of the earner’s chosen scheme, the may recover it from the person to whom the Inland Revenue paid it or from the earner.
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.
In this section “prescribed” means prescribed by regulations made by the Secretary of State.
In this section “the earner's chosen scheme” means the scheme which was immediately before the first abolition date the earner's chosen scheme in accordance with section 40 (as it had effect prior to that date).
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Where an earner and the trustees or managers of an appropriate personal pension scheme have jointly given notice to the Department, in such manner and form and with such supporting evidence as may be prescribed— that scheme is the earner’s chosen scheme for the purposes of section 39 as from a date determined in accordance with regulations and specified in the notice, unless at that date some other appropriate scheme is the earner’s chosen scheme for those purposes.
that the earner is, or intends to become, a member of the scheme and wishes minimum contributions in respect of him to be paid to the scheme under section 39;
that the trustees or managers have agreed to accept him as a member of the scheme and to receive such minimum contributions in respect of him,
Either an earner or the trustees or managers of the scheme may cancel a notice under subsection (1) by giving notice to that effect to the Department at such time and in such manner and form as may be prescribed.
When a notice under subsection (2) is given, the scheme ceases to be the earner’s chosen scheme as from a date determined in accordance with regulations and specified in the notice.
In relation to any tax week falling within a period for which the Inland 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 the upper accrual point (or the prescribed equivalents if he is paid otherwise than weekly).
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subsection (1) applies;
the tax year in which the tax week falls ends before such date as may be prescribed; and
the earner was over the age of 30 on the 6th April with which the tax year began,
Regulations made by the Secretary of State may make provision—
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;
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;
for the intervals at which, for the purposes of minimum contributions, payments of earnings are to be treated as made;
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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 . . .
as to the manner in which and time at which or period within which minimum contributions are to be made.
In subsection (3) “prescribed” means prescribed by regulations made by the Secretary of State.
For the purposes of this section “the appropriate age-related percentage”, in relation to a tax year beginning before the 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).
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who is or has been an employer in relation to the scheme, or
to that part of its additional pension which is attributable to earnings factors for any tax years ending before the principal appointed day,
to the weekly rate of the pension mentioned in paragraph (b) (or, if there is more than one such pension, their aggregate weekly rates),
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.
any Northern Ireland department by whom, or with whose approval, the scheme was established.
in such manner as may, in the particular case, be approved—
by a prescribed person;
by a person with prescribed professional qualifications or experience; or
by a person approved by the Department; or
the appropriate age-related percentage of that part of those earnings,
in accordance with guidance prepared and revised by a prescribed body;
Regulations made by the Secretary of State may make provisions—
as to the manner in which and time at which or period within which payments under subsection (3) are to be made,
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,
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.
for the annual rate of the pension at that age to be—
1/80th of average qualifying earning in the last three tax years preceding the end of service,
If the Inland Revenuepay an amount under subsection (3) which theyare not required to pay or are not required to pay to the person to whom, or in respect of whom, the Inland Revenuepay it, the Inland Revenue may recover it from any person to whom, or in respect of whom, the Inland Revenue paid it.
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.
Where—
an earner has ceased to be employed in an employment, and
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
Subsection (3) of section 37 applies for the purposes of this section as it applies for the purposes of that.
In subsections (3), (4) and (6) “prescribed” means prescribed by regulations made by the Secretary of State.
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 the 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).
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a person is entitled to one or more guaranteed minimum pensions;
he is also entitled to an invalidity pension under section 33 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and
the weekly rate of his invalidity pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act,
Where for any period— 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.
a person is entitled to one or more guaranteed minimum pensions; and
he is also entitled to long-term incapacity benefit under section 30A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992,
the weekly rate of his invalidity pension does not include an additional pension such as is mentioned in section 44(3)(b) of that Act,
Where for any period— for that period section 47 of that Act shall have effect as if the following subsection were substituted for subsection (3)— .
a person is entitled to one or more guaranteed minimum pensions;
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
the weekly rate of his pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act,
Where for any period— 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.
a person is entitled to one or more guaranteed minimum pensions;
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
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,
Where for any period— 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)— In this paragraph “the relevant amount” means an amount equal to the aggregate of— 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.
a person is entitled to one or more guaranteed minimum pensions;
he is also entitled—
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to a Category A retirement pension under section 44 of that Act; or
to a Category B retirement pension under section 48A , 48B or 48BB of that Act; and
the weekly rate of the pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act,
Where for any period— 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.
a person is entitled to one or more guaranteed minimum pensions;
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
the weekly rate of the pension does not include an additional pension such as is mentioned in section 44(3)(b) of that Act,
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— 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).
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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);
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In this section a reference to “additional pension” does not include any amount of additional pension attributable to units of additional pension.
For units of additional pension, see section 14A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
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 , surviving same sex spouse or surviving civil partner of an earner in any case where he is entitled to a benefit other than a widowed parent's allowance ... only if—
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
he is also entitled to a Category A retirement pension by virtue of section 41(5) of that Act.
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—
if its commencement had not been postponed, as mentioned in section 9(4); or
if there had not been made a transfer payment or transfer under regulations made by virtue of section 16 as a result of which—
he is no longer entitled to guaranteed minimum pensions under the scheme by which the transfer payment or transfer was made, and
he has not become entitled to guaranteed minimum pensions under the scheme to which the transfer payment or transfer was made.
Where— the member and the member’s widow, 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 widow's, widower’s or surviving civil partner's guaranteed minimum pension as is provided by the proceeds mentioned in paragraph (d).
guaranteed minimum pensions provided for a member or the member’s widow, 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
either—
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
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
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
the combined proceeds of— are inadequate to provide the whole of the amount secured,
any relevant policies and annuity contracts, and
any cash sums paid or alternative arrangements made under the Financial Services Compensation Scheme,
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.
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—
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
if that pension had not been forfeited under provisions included in a scheme by virtue of section 17(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 but for section 10(2A) and any reduction under section 11A.
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).
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.
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 the amendment of a scheme so that it no longer contains the guaranteed minimum pension rules GMP conversion (within the meaning given by section 20A(1)) in relation to the person .
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.
In making the calculation under subsection (9) the Commissioners shall ignore any effect of the scheme being wound up.
Subject to subsection (3), this subsection applies where for any period—
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
minimum contributions have been paid in respect of an earner under section 39.
Where subsection (1) applies then, for the purposes of section 42— and where subsection (1)(b) applies, paragraphs (a) to (c) of this subsection apply also for the purposes of section47(2) of the Social 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”.
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;
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in prescribed circumstances . . . any widow, widower or surviving civil partner of the earner shall be treated as entitled to a guaranteed minimum pension at a prescribed weekly rate arising from that period;
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.
The power to prescribe a rate conferred by subsection (2)(a) includes power to prescribe a nil rate.
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In relation to— 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 such 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).
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),
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
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,
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).
Subsection (1) is subject to regulations under paragraph 5(3A) to (3E) of Schedule 1.
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).
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) or (5A) of that Act.
In the case of an occupational pension scheme ... which is or has been certified as a salary related contracted-out scheme, the Inland 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—
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
of earners' accrued rights to guaranteed minimum pensions under the scheme;
of the liability for the payment of guaranteed minimum pensions under the scheme in respect of persons who have then become entitled to receive them;
of the liability for the payment of such pensions in respect of persons who have then become entitled to receive them.
If the scheme ceases to be a salary related contracted-out scheme (whether by being wound up or otherwise) and the Inland Revenue either— the Inland Revenue may issue a certificate to that effect.
have withdrawn their approval of previously approved arrangements relating to it; or
have declined to approve arrangements relating to it,
The power of the Inland Revenue to approve arrangements under this section—
includes power to approve arrangements subject to conditions, and
may be exercised either generally or in relation to a particular scheme.
A certificate issued under subsection (2)(a) or (b) shall be cancelled by the Inland Revenue if they subsequently approve the arrangements.
Arrangements may not be approved under this section unless any prescribed conditions are met
Regulations may provide that where the Inland Revenue have approved arrangements under subsection (1) in respect of an occupational pension scheme ... any provision of this Part (other than sections 14, 15, 27 and 29 and 39 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.
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.
It is hereby declared that an approval of arrangements relating to an occupational pension scheme to which subsection (1) applies may be withdrawn at any time, notwithstanding that the scheme has been wound up.
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the Board have approved arrangements under subsection (1) (either before or after the scheme ceased to be certified as contracted-out or, as the case may be, as an appropriate scheme) which operate as respects him and the rights in question, and
they have not since withdrawn their approval of those arrangements.
This section applies where—
an earner’s guaranteed minimum pension rights or accrued rights to guaranteed minimum pensions under a scheme satisfy prescribed conditions, and
one or more of the five tax years ending with the tax year in which the scheme ceased to be contracted-out is a relevant year in relation to the earner.
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—
any earnings factor shall be taken to be that factor as increased by the last order under Article 23 of the Social Security Pensions (Northern Ireland) Order 1975 or section 130 of the Social Security Administration (Northern Ireland) Act 1992 to come into operation before those five tax years; and
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—
constitutes or begins before the relevant contributions year, or
begins after the final relevant year in relation to the earner.
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.
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).
In this section “relevant year” and “final relevant year” have the same meanings as in section 12.
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—
Section 49 shall apply for the purpose of making provision for securing the continued supervision of occupational pension schemes as respects which subsection (2) applies and section 50 shall apply for the purpose of making corresponding provision in relation to personal pension schemes as respects which subsection (3) applies.
a guaranteed minimum pension under the scheme, or
This subsection applies as respects any occupational pension scheme, other than a public service pension scheme, where—
the scheme has ceased to be a contracted-out scheme otherwise than by being wound up; and
there has not been a payment of a premium under section 51(1) in respect—
of each person entitled to receive, or having accrued rights to, guaranteed minimum pensions under the scheme; or
of each person who has protected rights under it or is entitled to any benefit giving effect to protected rights under it.
a pension under the scheme attributable to service on or after the principal appointed day but before the scheme ceased to be contracted-out.
This subsection applies as respects any personal pension scheme where—
the scheme has ceased to be an appropriate scheme otherwise than by being wound up; and
there has not been a payment of a premium under section 51(1) in respect of each person who has protected rights under it or is entitled to any benefit giving effect to protected rights under it.
Section 49 shall continue to apply so long as there is any such person as is mentioned in paragraph (b)(i) or (ii) of subsection (2) (but, where by virtue of section 15 a scheme has ceased to be liable to provide guaranteed minimum pensions for a member and the member’s widow or widower, the duties imposed on the Board by section 49 shall cease to subsist in relation to those pensions), and section 50 shall continue to apply so long as there is any such person as is mentioned in paragraph (b) of subsection (3).
For the purposes of subsections (2) and (4) a person in respect of whom a premium is not payable by virtue of regulation 17(2A) of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1985 shall not be treated as such a person as is mentioned in paragraph (b)(ii) of subsection (2).
For the purposes of subsections (3) and (4) a person in respect of whom a premium is not payable by virtue of regulation 3 of the Personal Pension Schemes (Personal Pension Protected Rights Premiums) Regulations (Northern Ireland) 1987 shall not be treated as such a person as is mentioned in paragraph (b) of subsection (3).
The Inland Revenue may direct the trustees or managers of the scheme, or the employer, to take or refrain from taking such steps as the Inland Revenue may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him.
the matters in respect of which they are required to be satisfied for contracting-out purposes under sections 19(1) and 20(1) or, as the case may be, under section 26(1); and
the soundness and adequacy of any investments held for the purposes of the scheme (so far as relevant to the considerations of section 20(1)).
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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.
If 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) ... 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 Inland Revenue may allow.
A direction under subsection (1) shall be enforceable as if it were an order of the county court.
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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—
is not binding as described in subsection (1), and
is not enforceable as described in subsection (1B).
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as an actual or prospective beneficiary under the scheme, or
as one of its trustees or managers, or
as being otherwise concerned with the scheme or its benefits,
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The Board shall be under a duty to satisfy themselves as to the matters in respect of which they are required to be satisfied under section 26(1) for the purposes of determining whether a personal pension scheme should be or continue to be an appropriate scheme.
Subsection (1) does not apply in the case of any scheme as to which the Board have issued a certificate under subsection (2) of section 46 which has not been cancelled under subsection (3) of that section.
If it appears to the Board that there has been, or is likely to be, a breach of any rule of the scheme relating to the matters dealt with in sections 5(5) and 22 to 28, the Board may take such steps as they think expedient with a view to remedying or preventing the breach, and section 49(5) applies for that purpose as it applies for the purpose there mentioned.
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in respect of each earner whose accrued rights to guaranteed minimum pensions or protected rights under the scheme are not subject to approved arrangements and have not been disposed of so as to discharge the trustees or managers of the scheme under section 15 or 95;
in the case of an occupational pension scheme other than a money purchase contracted-out scheme, in respect of each person who has then become entitled to receive a guaranteed minimum pension under the scheme and whose guaranteed minimum pension rights are not subject to approved arrangements; and
in the case of a money purchase contracted-out scheme or a personal pension scheme, in respect of each person who has become entitled to receive a pension under the scheme giving effect to protected rights which are not subject to approved arrangements.
Where— the prescribed person shall, if subsection (2B) applies, pay and otherwise may elect to pay a premium under this subsection (referred to in this Act as a “contributions equivalent premium”).
“salary related occupational pension scheme”: an occupational pension scheme is “salary related” if—
the earner’s service is terminated otherwise than by his death or by the scheme’s ceasing to be contracted-out and his period of service is not one in respect of which the scheme conforms to the appropriate extent with the preservation requirements; or
the earner’s service is terminated by his death and he dies leaving a widow,
a person is entitled or prospectively entitled to a guaranteed minimum pension under an occupational pension scheme ...; and
his entitlement is in respect of his or another person’s service in employment which was contracted-out by reference to that scheme;
the earner has served for less than two years in the employment,
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an earner in employment to which an occupational pension scheme which is not a money purchase contracted-out scheme applies has ceased (whether before or after the commencement of this subsection) to be in that employment before attaining normal pension age;
there has been a transfer from that scheme to another scheme of his accrued rights other than his accrued rights to guaranteed minimum pensions;
the scheme to which his accrued rights are transferred is neither a contracted-out scheme nor one which was formerly contracted-out and in respect of which the Board have duties under section 49 at the time of the transfer;
no premium under subsection (1)(a) is payable in respect of the earner; and
the circumstances in which by virtue of paragraphs (a) and (b) of subsection (2) a premium is payable under that subsection do not exist,
In this section “prescribed” means prescribed by regulations made by the Secretary of State.
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an earner’s service in contracted-out employment by reference to an occupational pension scheme which is not a money purchase contracted-out scheme is terminated before he attains pensionable age (otherwise than by his death);
no premium is payable in respect of the earner under subsection (1) or (2); and
the weekly rate of the guaranteed minimum pensions to which he has accrued rights under the scheme will fall to be determined in accordance with provisions included in the scheme by virtue of section 12(2) and (3),
The circumstances referred to in subsection (2) are that— . . .
the earner’s service in the employment ceases otherwise than on the earner’s death,
the earner ceases to be a member of the scheme otherwise than on the earner’s death,
the earner’s service in the employment ceases on the earner’s death and the earner dies leaving a widow or widower,
the scheme is wound up,
the scheme ceases to be a contracted-out occupational pension scheme;
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Except in prescribed circumstances, this subsection applies in any case where the earner has no accrued right to any benefit under the scheme.
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a premium payable under paragraph (a) of subsection (1) in the case of an occupational pension scheme other than a money purchase contracted-out scheme is referred to as an “accrued rights premium”;
a premium payable under paragraph (b) of that subsection in such a case is referred to as a “pensioner’s rights premium”;
a premium payable under paragraph (a) or (c) of that subsection in the case of a money purchase contracted-out scheme is referred to as a “contracted-out protected rights premium”;
a premium payable under paragraph (a) or (c) of that subsection in the case of a personal pension scheme is referred to as a “personal pension protected rights premium”;
a premium under subsection (2) is referred to as a “contributions equivalent premium”;
a premium under subsection (3) is referred to as a “transfer premium”; and
a premium under subsection (4) is referred to as a “limited revaluation premium”.
Where a contributions equivalent premium is required to be paid in respect of an earner by virtue of subsection (2), the prescribed person must notify the Inland Revenue of that fact within the prescribed period and in the prescribed manner.
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A premium under section 51 shall be paid by the prescribed person to the Inland Revenue within the prescribed period . . ..
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Where under the rules of the scheme, transfer credits have been allowed— the reference in section 51(2) to employment which is contracted-out by reference to the scheme shall include references to employment in any period of linked qualifying service which was contracted-out employment by reference to the other scheme.
in respect of the earner’s rights under another scheme, or
in respect of the earner by reference to the payment of a cash transfer sum (within the meaning of Chapter 2 of Part 4ZA ) to the trustees or managers of the scheme by the trustees or managers of another occupational pension scheme,
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it entitles the earner to short service benefit; or
it makes any provision which under those requirements is permitted as an alternative to short service benefit (other than provision for return of contributions or for benefit in the form of a lump sum).
Subject to regulations under paragraph 1 of Schedule 1, service in any employment which ceases with the death of the employer shall be treated for the purposes of section 51(2A) as ceasing immediately before the death
In this section “prescribed” means prescribed by regulations made by the Secretary of State.
Where a premium under section 51 is payable by the Board of the Pension Protection Fund by virtue of a transfer under Article 145 of the Pensions (Northern Ireland) Order 2005 (effect of the Board assuming responsibility for an occupational pension scheme), then, subject to subsection (9), sections 51 to 64 apply with such modifications as may be prescribed in relation to that premium.
A premium under section 51 in respect of an earner ceases to be payable if—
the liability to pay the premium is transferred to the Board of the Pension Protection Fund by virtue of Article 145 of the Pensions (Northern Ireland) Order 2005, and
prescribed requirements are met.
An election under section 51(2) must be made within the prescribed period and in the prescribed manner.
Except in such cases as may be prescribed, the prescribed person shall not, in making or abstaining from making elections under that section, discriminate between different earners on any grounds other than their respective lengths of relevant service.
In subsection (2) “relevant service” means service in contracted-out employment by reference to the scheme, together with any service in contracted-out employment which in relation to service in that employment is linked qualifying service.
If the Inland Revenue consider that the prescribed person is contravening subsection (2), they may cancel any contracting-out certificate held by the earner’s employer in respect of the scheme in question.
In this section “prescribed” means prescribed by regulations made by the Secretary of State.
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Subject to subsection (4A), the amount of the contributions equivalent premium shall be equal to the sum of the following amounts—
the amount of every reduction made under section 37 (as from time to time in force) in the amount of Class 1 contributions payable in respect of the earner’s employment in employment which was contracted-out by reference to the scheme; and
the total amount by which the reductions falling within paragraph (a) would have been larger if the amount of the contributions falling to be reduced had in each case been at least equal to the amount of the reduction of those contributions provided for by section 37.
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The amounts brought into account in accordance with subsection (4)(b) shall not include any amount which, by virtue of regulations made under section 37(1D) so as to avoid the payment of trivial or fractional amounts, is an amount that was not payable by the Inland Revenue to the secondary contributor.
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the cost of providing the guaranteed minimum pensions in accordance with the provisions included in the scheme by virtue of section 12(2) and (3); and
what would have been the cost of providing them if no such provisions had been included.
Section 52(4) applies for the purposes of subsection (4) as it applies for the purposes of section 51(2).
In determining the amount of any accrued rights premium or pensioner’s rights premium payable where one or more of the five tax years ending with the tax year in which the relevant scheme ceases to be contracted-out is a relevant year in relation to the earner, the costs referred to in subsections (1) and (2) of section 54 shall be calculated as follows—
any relevant earnings factor shall be taken to be that factor as increased by the last order under Article 23 of the Social Security Pensions (Northern Ireland) Order 1975 or section 130 of the Social Security Administration (Northern Ireland) Act 1992 to come into operation before those five tax years; and
any relevant earnings factor derived from contributions 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—
constitutes or begins before the relevant contributions year, or
begins after the final relevant year in relation to the earner.
Subsection (1) shall not apply if the person liable for the premium elects in the prescribed manner that it should not and, notwithstanding section 54(5), it shall not apply in the determination of the amount of a transfer premium.
Regulations may provide that subsections (1) and (2) shall have effect with prescribed modifications in relation to a scheme which has ceased to be contracted-out and, immediately before it so ceased, contained provisions authorised by section 12(2) and (3).
Subject to subsection (5), where a limited revaluation premium is payable in respect of an earner, and the case is one in which his service in contracted-out employment is terminated in consequence of the relevant scheme ceasing to be contracted-out, the costs referred to in subsection (6) of section 54 shall be calculated as follows—
any relevant earnings factor shall be taken to be that factor as increased by the last order under Article 23 of the Social Security Pensions (Northern Ireland) Order 1975 or section 130 of the Social Security Administration (Northern Ireland) Act 1992 to come into operation before the five tax years ending with the tax year in which the scheme ceases to be contracted-out; and
any relevant earnings factor derived from earnings upon which primary Class 1 contributions have been paid or treated as paid 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 constitutes or begins before the relevant contributions year.
Subsection (4) shall not apply in any case where its application would result in the amount of the premium being greater than it would have been apart from that subsection.
In subsection (1) “relevant year” and “final relevant year” have the same meanings as in section 12, and references to the earner shall be construed as references to the earner in respect of whom the premium in question has become payable.
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the rights whose cash equivalent is included in the premium shall be extinguished; and
sections 43(2) and (5) and 44(2) shall have effect in relation to that person and a widow or widower of that person as if any guaranteed minimum pension to which that person or any such widow or widower is treated as entitled under those provisions, and which derives from the minimum payments, minimum contributions or transfer payment or payments from which those rights derive were reduced by the appropriate percentage.
Payment of a contributions equivalent premium in the circumstances mentioned in section 51(2A)(a) and (b), (d) and (e) shall extinguish the earner’s accrued rights to guaranteed minimum pensions under the relevant scheme or (in relation to service on or after the principal appointed day( rights to pensions under the scheme so far as attributable to the amount of the premium.
Payment of a contributions equivalent premium in the circumstances mentioned in section 51(2A)(c) shall extinguish any such accrued rights in respect of the earner’s widow, widower or surviving civil partner .
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if it would contain a fraction of 1p, is to be treated as the nearest lower whole number of pence; and
if it would be less than a prescribed amount, is to be treated as nil.
This section applies where—
an earner’s service in contracted-out employment ceases or his employment ceases to be contracted-out employment, and
he (or, by virtue of a connection with him, any other person) is entitled to a refund of any payments made by or in respect of him towards the provision of benefits under the scheme by reference to which that employment was contracted-out; and
a contributions equivalent premium falls to be paid by any person in respect of him.
Where this section applies, then, subject to the following provisions of this section, the person by whom the premium falls to be paid shall be entitled on paying it to recover an amount equal to so much of the premium as is attributable to any actual reductions of primary Class 1 contributions (and on paying any part of it to recover a proportionate part of that amount) from the person liable for the refund.
The amount recoverable under this section shall not exceed the amount of the refund or so much of it as has not been made.
Where the period taken into account in arriving at the amount mentioned in subsection (2) does not coincide with that in respect of which the refund is to be made, the sum recoverable under this section shall be determined by reference to so much of that amount and of the refund as are referable to the same period.
Where the refund— the amount which may be recovered under this section shall be increased by such amount as may be prescribed.
is made in respect of more than one period of service, and one or more of those periods is a period of previous linked qualifying service; and
includes any amount paid under a contracted-out scheme in relation to that service on or in connection with a transfer of accrued rights to another scheme,
Where the person liable for the premium is himself liable for the refund, he shall be entitled to retain out of the refund the amount which he could recover under this section from another person liable for the refund.
The amount of the refund shall be reduced by the amount recovered or retained under this section; and provision shall be made by regulations for requiring the making of refunds to be delayed for the purpose of enabling any right of recovery or retainer conferred by this section to be exercised, notwithstanding anything in any enactment relating to the making of the refund.
Where— then the person liable for that premium shall have the like right of recovery from that refund (so far as the premium is not recoverable or retainable out of a refund in respect of a later employment) as a person has under this section where the refund relates to service in the employment on the cessation of which the premium falls to be paid (and subsection (7) shall apply accordingly).
an earner’s service in contracted-out employment ceases or his employment ceases to be contracted-out employment,
he (or, by virtue of a connection with him, any other person) is entitled to a refund of any payments made by or in respect of him under the scheme by reference to which that employment was contracted-out in relation to any previous contracted-out employment of his, being payments towards the provision of benefits under that scheme;
a contributions equivalent premium falls to be paid in respect of him; and
the period taken into account in arriving at the amount mentioned in subsection (2) includes the period of the previous contracted-out employment,
This section shall apply in relation to such a refund as is referred to in subsection (1)(b) which becomes payable after the cessation of an earner’s service in contracted-out employment as it applies to such a refund becoming payable on the cessation of an earner’s service in such employment.
Where the earner (or, by virtue of a connection with him, any other person) becomes entitled to any payment in lieu of benefit, this section shall apply in relation to the payment as if it were such a refund as is referred to in subsection (1)(b).
Where under section 97AH the trustees or managers of an occupational pension scheme may pay a contribution refund to a member of the scheme, the member is to be treated for the purposes of this section as being entitled to the contribution refund.
For the purposes of subsection (10), a payment in lieu of benefit is any payment falling to be made to or for the benefit of, or in respect of, a person by virtue of his being or having been a member of an occupational pension scheme, being a payment which either—
is made or to be made otherwise than out of the resources of the scheme; or
is made or to be made out of those resources but by way of distribution on a winding up; or
falls within such other description of payments as may be prescribed for the purposes of that subsection.
In this section “prescribed” means prescribed by regulations made by the Secretary of State.
Notwithstanding any contract to the contrary, a person shall not be entitled—
to recover any part of a contributions equivalent premium from any earner in respect of whom it is payable; or
except in accordance with section 57, to recover or retain any part of such a premium out of any money payable to or for the benefit of the earner or any other person.
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in a case where an accrued rights premium or a pensioner’s rights premium has been paid, to reduce the pension of the person in respect of whom the premium has been paid by the amount of his guaranteed minimum pension;
in a case where a limited revaluation premium has been paid, to recoup it—
out of the resources of the scheme, in so far as they derive from contributions; or
in prescribed cases, out of payments made to them in respect of an earner’s transfer to their scheme from some other scheme;
in a case where a state scheme premium has been paid, to make the deduction for which section 92(3) provides when they calculate the cash equivalent to which the earner in respect of whom the premium has been paid has a right under Chapter IV of Part IV.
The following amounts shall be certified by the Inland Revenue—
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the sum of the amounts specified in section 54(4);
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the amount mentioned in section 57(2).
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if it appears to the Department that the amount of the accrued rights premium or, as the case may be, the pensioner’s rights premium would have been less if the Department had not made the calculation on the basis described in subsection (3), it shall refund the difference to the prescribed person, and
if it appears to the Department that that premium would have been greater if the Department had not made the calculation on that basis, the prescribed person shall pay the difference to the Department.
For the purposes of subsection (1) the Inland Revenue may make such adjustments as they think necessary for avoiding fractional amounts.
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In calculating and certifying the costs mentioned in subsections (1), (2) and (6) of section 54 and the cost of providing the appropriate percentage of the guaranteed minimum pension for the purposes of section 56 the Department shall apply whichever of the prescribed actuarial tables (as in force at the appropriate time) is applicable in accordance with the regulations prescribing the tables, but for the purpose of calculating the amount of a transfer premium the Department shall apply the actuarial table prescribed for the purpose of calculating the amount of an accrued rights premium in such manner as may be prescribed.
In subsection (1) “the appropriate time” means the time when the scheme ceases to be contracted-out or, as the case may be, to be appropriate or, in the case of costs mentioned in section 54(6), the time when the earner’s service in contracted-out employment is terminated.
The tables to be used in calculating the costs referred to in section 54(6) shall be so framed as to embody the assumption that the increase of weekly equivalent required by section 12(3) is 5 per cent. compound for each relevant year after that in which the earner’s service is terminated; and that assumption shall prevail over any different provision made by the scheme.
section 46(1)(a)(ii);
section 48(2); and
section 51(1)(b);
If a person fails to pay any contributions equivalent premium which is payable by him at or within the time prescribed for the purpose, he shall be liable on summary conviction to a fine of not more than level 3 on the standard scale.
Where— he shall be liable to pay to the Inland Revenue a sum equal to the amount which he failed to pay.
a person is convicted of the offence under subsection (1) of failing to pay a premium, and
the premium remains unpaid at the date of the conviction,
Subject to subsection (4), where a person is convicted of an offence mentioned in subsection (2), evidence may be given of any previous failure by him to pay contributions equivalent premiums within the time prescribed for the purpose; and in that subsection “the conviction” and “the offence” mean respectively the conviction referred to in this subsection and the offence of which the person is convicted.
Such evidence may be given only if notice of intention to give it is served with the summons or warrant on which the person appeared before the court which convicted him.
Where a person charged with an offence to which section 63(2) applies is convicted of that offence in his absence under Article 24(2) of the Magistrates’ Courts (Northern Ireland) Order 1981, then if— section 63(3) and (4) shall have effect as if the evidence had been given and the failure so admitted had been proved, and the court shall proceed accordingly.
it is proved to the satisfaction of the court, on oath or by affidavit or in the manner prescribed by magistrates’ courts rules, that notice under section 63(4) has been duly served specifying the other premiums in respect of which the complainant intends to give evidence; and
the clerk of petty sessions has received a statement in writing purporting to be made by the accused or by a solicitor acting on his behalf to the effect that if the accused is convicted in his absence of the offence charged he desires to admit failing to pay the other premiums so specified or any of them,
Where— subsection (1) and section 63(2) to (4) shall apply as if it were a conviction for all purposes.
a person is convicted of an offence to which section 63(2) applies; and
an order is made under the Probation Act (Northern Ireland) 1950 placing the offender on probation or discharging him absolutely or conditionally,
Any sum which a person is liable to pay under subsection (1) or section 63(2) to (4) shall be recoverable from him as a penalty.
contributions equivalent premiums recovered by the Inland Revenue under those provisions shall be treated for all purposes as premiums paid to the Inland Revenue in respect of the person in respect of whom they were originally payable.
This Chapter has effect in relation to the preservation of benefit under occupational pension schemes to which it applies.
In this Act “the preservation requirements” means the requirements specified in or under sections 67 to 78.
This Chapter applies to any occupational pension scheme whose resources are derived in whole or in part from—
payments made or to be made by one or more employers of earners to whom the scheme applies, being payments either—
under an actual or contingent legal obligation; or
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
such other payments by the earner or his employer, or both, as may be prescribed for different categories of scheme.
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;
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.
There shall be taken into account as pensionable service only actual service, that is to say—
service notionally attributable for any purposes of the scheme is not to be regarded as pensionable service; and
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.
A scheme must make such provision that where a member’s pensionable service is terminated before normal pension age and— 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.
he has at least 2 years’ qualifying service,
a transfer payment in respect of his rights under a personal pension scheme has been made to the scheme,
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
The benefit to which a member is entitled under subsection (1) is referred to in this Act as “short service benefit”.
Subject to subsections (4) and (5A), short service benefit must be made payable as from an age which is no greater than—
the age of 65, or
if in the member's case normal pension age is greater than 65, normal pension age.
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.
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.
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.
Subsection (3) does not apply in relation to a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014.
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—
in pensionable service under the scheme; or
in service in employment which was contracted-out by reference to the scheme; or
in linked qualifying service under another scheme.
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.
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.
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).
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).
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.
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—
was made after the termination of a member’s pensionable service; and
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.
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.
This section is subject to subsections (3) and (6) of section 67 (age at which short service benefit is to be payable).
Subject to subsection (2) and section 77, a member’s short service benefit must be—
payable directly out of the resources of the scheme; or
assured to him by such means as may be prescribed.
Subject to subsections (3) to (5), a scheme may, instead of providing short service benefit, provide—
for the member’s accrued rights (including any transfer credits allowed under the scheme)—
to be transferred to another occupational pension scheme with a view to acquiring transfer credits for the member under the other scheme, or
to be transferred to a personal pension scheme . . . with a view to acquiring rights for the member under the rules of the scheme . . .; or
for such alternatives to short service benefit as may be prescribed.
The option conferred by subsection (2)(a) is additional to any obligation imposed by Chapter 1 of Part 4ZA .
The alternatives specified in subsection (2)(a) and (b) may only be by way of complete or partial substitute for short service benefit—
if the member consents; or
in such other cases as may be prescribed.
An alternative prescribed under subsection (2)(b) may only include payment by way of return of contributions—
if they relate to a period of service before 6th April 1975; or
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.
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.
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.
Subsection (1) does not apply to so much of any benefit as accrues at a higher rate, or otherwise more favourably, in the case—
of members with a period of pensionable service of some specified minimum length, or
of members remaining in pensionable service up to some specified minimum age.
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.
Regulations may provide that subsection (1) shall not apply to any category of schemes or members, or description of benefit.
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.
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.
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.
In this section—
Subject to subsections (3) to (7), if a scheme provides for long service benefit to include supplementary credits, it must—
provide for such credits to be included in short service benefit, and
provide for all credits to be so included.
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.
In subsection (3) “the appropriate proportion of the credits” means—
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
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.
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—
that the credits accrue in full only to a member remaining in pensionable service until normal pension age; and
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.
Where any such deduction is a percentage of benefit, the percentage must be the same for short service as for long service benefit.
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.
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.
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.
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.
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.
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Except as provided by this section, a scheme—
must contain rules preventing assignment of short service benefit; and
must not enable such benefit to be surrendered or commuted.
Subsection (1) does not apply to any assignment, surrender or commutation of a policy of insurance or annuity contract in accordance with conditions prescribed by regulations under section 15(4)(b) or (c).
A scheme may enable assignment in favour of the member’s widow or widower or dependant (whether or not the benefit is in payment).
A scheme may, at the option of the member, enable surrender—
to provide benefit for the member’s widow, widower or dependant;
to acquire for the member transfer credits under the rules of another occupational pension scheme or rights under the rules of a personal pension scheme or a self-employed pension arrangement;
to acquire for the member entitlement to further benefits under the same scheme, relating both to a period of pensionable service previously terminated and also to a subsequent period of service in relevant employment.
A scheme may enable a member’s benefit to be commuted—
in a case where he opts (at any time) to commute at or after normal pension age; or
in exceptional circumstances of serious ill-health; or
in such other circumstances as may be prescribed.
A scheme may enable benefit for a member’s widow, widower or dependant to be commuted in such circumstances as may be prescribed.
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Except so far as permitted by this section, a scheme must not contain any provision for forfeiture of short service benefit.
Provision may be made for forfeiture of the whole or part of any short service benefit by reference to an event occurring after it becomes payable if—
long service benefit is also forfeited by reference to the event; and
in the opinion of the Board the provision does not appear to discriminate against members entitled to short service benefit.
Provision may be made for forfeiture by reference to—
the assignment or attempted assignment of the benefit contrary to the provisions of the scheme;
the member’s bankruptcy or, in the case of benefit for a widow or widower or dependant of the member, the beneficiary’s bankruptcy.
Such forfeiture as mentioned in subsection (3) may be by reference to an event occurring either before or after the benefit would otherwise be payable, if the same provision is made in relation to long service benefit.
Provision for forfeiture may be made—
in a public service pension scheme, by reference to the member being convicted of an offence—
committed by him before the benefit becomes payable and in connection with relevant employment, and
certified by a Minister of the Crown either to have been gravely injurious to the State or to be liable to lead to serious loss of confidence in the public service;
in any case, by reference to the member having been convicted of any offence committed before the benefit becomes payable, being—
an offence of treason, or
one or more offences under the Official Secrets Acts 1911 to 1989 for which the member has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.
No scheme rule must operate so as to deprive any person of short service benefit by reference to—
failure by any person to make a claim for the benefit or for any payment due as benefit; or
failure by any person, at any time after termination of pensionable service, to give any notice, or comply with any formality, required by the scheme as a condition of entitlement.
Subsection (6)(a) is not to prevent reliance on any enactment relating to the limitation of actions; and a scheme may provide for the right to receive any payment to be forfeited if it is not claimed within 6 years of the date on which it becomes due.
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A scheme must not enable a member’s employer to exercise any description of charge or lien on, or set-off against, short service benefit, to the extent that it includes transfer credits.
Subject to subsection (1), a scheme may enable a charge or lien on, or set-off against, a member’s short service benefit for the purpose of enabling the employer to obtain the discharge by the member of some monetary obligation due to the employer and arising out of a criminal, negligent or fraudulent act or omission by the member.
Subject to subsection (4), a scheme must not enable the employer to recover from, or retain out of, the resources of the scheme any sum in respect of a monetary or other obligation due to him from any member.
Subsection (3) does not apply to an obligation arising as mentioned in subsection (2) but, if the scheme permits recovery or retainer of sums in respect of such an obligation, it must provide that—
unless the employer and the member agree otherwise in writing, the recovery or retainer is limited— whichever is the less; and
to the actuarial value of the member’s actual or prospective benefits at that time, or
to the amount of the obligation,
the member is entitled to a certificate showing the amount retained or recovered and its effect on his benefits or prospective benefits; and
in the event of any dispute as to the amount to be retained or recovered, the employer is only entitled to enforce the charge, lien or set-off after the obligation has become enforceable under an order of a competent court or the award of an arbitrator.
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—
if it is carried out not earlier than the time when that person’s pensionable service terminates; and
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
if and to the extent that the requirements set out in paragraph (a) or (c) of section 15(5) are satisfied.
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 72.
Regulations may make provision as to the circumstances in which, for the purposes of sections 66 to 72—
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
a person’s service in any employment is to be treated as terminated or not terminated.
This Chapter applies for the purpose of revaluing—
relevant benefits payable to or in respect of a member of an occupational pension scheme where—
his pensionable service ends on or after 1st January 1986;
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;
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
in the case of benefit payable to any other person in respect of the member, the member dies after attaining normal pension age; and
relevant benefits payable to or in respect of a member of a personal pension scheme—
in respect of whom contributions to the scheme have ceased to be paid; and
who has accrued rights to benefit under the scheme.
In calculating 365 days for the purpose of subsection (1)(a)(iii), any day which is 29th February shall be disregarded.
The following are relevant benefits for the purposes of subsection (1)—
any benefits payable otherwise than by virtue of rights which are attributable (directly or indirectly) to a pension credit, and
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.
In subsection (1)(b)—
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
the reference to contributions includes any minimum contributions.
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— 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.
the member's normal pension age within the meaning of that Act, or
the member's deferred pension age within the meaning of that Act, if that is later.
For the purposes of this section, an occupational pension scheme is salary related if—
it is not a money purchase scheme, and
it does not fall within a prescribed class.
Subject 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.
If— then the benefit shall be revalued using that method.
any such benefit is an average salary benefit or flat rate benefit; and
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,
If any benefit such as is mentioned in paragraph (a) of section 79(1) is a money purchase benefit other 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.
In this section—
If— then the benefit shall be revalued using that method.
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;
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
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,
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— does not in itself result in conflict with this section, if the increase falls to be determined by reference to an amount from which the guaranteed minimum for a member or a member’s widow, widower , surviving same sex spouse or surviving civil partner has not been deducted.
by the percentages specified during that period under section 132 of the Social Security Administration (Northern Ireland) Act 1992; . . . or
under any arrangement which maintains the value of the pension or other benefit by reference to the rise in the general level of prices during that period,
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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.
Where a cash balance benefit in respect of which the available sum is not calculated by reference to final salary— 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.
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
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,
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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) or 97D(2)(b) by way of complete substitute for another pension or benefit.
In making any calculation for the purposes of this Chapter in relation to any occupational pension scheme— the whole or part of a pension shall be disregarded.
any commutation, forfeiture or surrender of,
any charge or lien on, and
any set-off against,
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.
This subsection applies where—
there is an interval between—
the date on which an earner ceases to be in employment which is contracted-out by reference to an occupational pension scheme that satisfies the requirements of section 5(2) (“the cessation date”); and
the date on which his guaranteed minimum pension under that scheme commences (“the commencement of payment date”);
the relevant sum exceeds his guaranteed minimum on the day after the cessation date; and
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.
This subsection applies where—
there is an interval between the earner’s cessation date and whichever of the following is the earlier—
the date of his death; or
his commencement of payment date; and
the relevant sum exceeds one half of the earner’s guaranteed minimum on the day after the cessation date; and
at any time when a pension under the occupational pension scheme is required to be paid to the earner’s widow, 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.
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 widow, widower or surviving civil partner at any such time as is mentioned in subsection (2)(c) shall be an amount not less—
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 widow's, widower’s or surviving civil partner's pension, than the weekly rate of that pension; and
in any other case, than the relevant aggregate.
In subsection (3) “the relevant aggregate” means the aggregate of the following—
the relevant sum;
the excess mentioned in subsection (1)(c) or, as the case may be, subsection (2)(c);
any amount which is an appropriate addition at the time in question; and
where the scheme provides that part of the earner’s or, as the case may be, the widow'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.
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).
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.
This section does not apply to a pension to which a person is entitled in respect of employment if—
the earner left the employment or left it for the last time before 1st January 1985; or
the employment ceased, or ceased for the last time, to be contracted-out in relation to him before that date.
For the purposes of this Chapter “the relevant sum” means—
in a case where subsection (1) of section 83 applies—
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
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
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 widow, widower or surviving civil partner if that person had satisfied the conditions for entitlement to a pension which are specified in the scheme.
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).
The benefit other than short service benefit to which subsection (1)(a)(ii) applies is benefit— 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.
which would have been provided as either the whole or part of the earner’s short service benefit; or
of which the earner’s short service benefit would have formed part,
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).
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.
For the purposes of this Chapter “appropriate addition” means—
where a scheme provides that part of an earner’s or, as the case may be, a widow'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
where a scheme provides that an earner’s or, as the case may be, a widow'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.
For the purposes of subsection (1)(b) the unguaranteed element of a pension is—
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
in the case of the widow'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.
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.
In subsection (1)—
“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 widow's, widower’s or surviving civil partner's pension, one half of that minimum; and
“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 widow's, widower’s or surviving civil partner's pension, one half of that minimum) on the assumptions mentioned in subsection (3).
The assumptions mentioned in subsection (2) are—
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—
the earner’s commencement of payment date, or
the date on which the earner ceased to be in pensionable service under the scheme; and
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.
If— 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.
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
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,
If— the earner shall be treated for the purposes of the previous provisions of this Chapter as if that benefit had accrued to him.
a benefit under a scheme is conditional on an earner attaining a particular age or having a particular length of service; and
one of the events mentioned in subsection (1) occurs before he has fulfilled the condition; but
he continues to be in employment to which the scheme applies until he has done so,
In making any calculation for the purposes of this Chapter— the whole or part of a pension shall be disregarded.
any commutation, forfeiture or surrender of,
any charge or lien on, and
any set-off against,
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 Social Security Pensions (Northern Ireland) Order 1975 or section 130 of the Social Security Administration (Northern Ireland) Act 1992 to come into operation before the end of the tax year in which the cessation date falls.
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”.
In this section “final relevant year” has the same meaning as in section 12.
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.
This Chapter applies to a member of a pension scheme if all of the following conditions are met.
to any member of an occupational pension scheme—
whose pensionable service terminates on or after 1st January 1986 and at least one year before normal pension age; and
who on the date when it terminates (in this Chapter referred to as “the termination date”) has accrued rights to benefit under the scheme; and
to any member of a personal pension scheme (other than a scheme which is comprised in an annuity contract made before 4th January 1988) who has accrued rights to benefit under the scheme.
Condition 1 is that the member has accrued rights to any category of benefits under the scheme rules.
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)).
Condition 3 is that—
the member is no longer accruing rights to benefits in that category (see subsection (8)), and
in the case of benefits that are not flexible benefits, the member stopped accruing those rights at least one year before normal pension age.
But this Chapter does not apply to—
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;
a member of a personal pension scheme which is comprised in an annuity contract made before 4 January 1988.
In this Chapter a reference to a “category” of benefits is to one of the following three categories—
money purchase benefits;
flexible benefits other than money purchase benefits;
benefits that are not flexible benefits.
For the purposes of Condition 2 a crystallisation event occurs in relation to a member's accrued rights to benefits in a category when—
payment of a pension in respect of any of the benefits has begun,
in the case of money purchase benefits other 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
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.
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.
In this section a reference to accrued rights does not include pension credit rights.
Regulations may—
provide for this Chapter not to apply in relation to a person of a prescribed description;
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;
modify the application of this Chapter in relation to a member who has accrued rights to benefits of a prescribed description.
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.
In the following provisions of this Chapter—
a reference to a “member” of a pension scheme is a reference to a member to whom this Chapter applies, and
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.
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.
a member of an occupational pension scheme acquires a right, when his pensionable service terminates, to the cash equivalent at the relevant date of any benefits which have accrued to or in respect of him under the applicable rules; and
a member of a personal pension scheme acquires a right to the cash equivalent at the relevant date of any benefits which have accrued to or in respect of him under the rules of the scheme.
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.
“the relevant application” means any application which the member has made under section 91 and not withdrawn.
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.
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.
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.
In this Chapter “the guarantee date” means the date by reference to which the value of the cash equivalent is calculated, and must be—
within the prescribed period beginning with the date of the application, and
within the prescribed period ending with the date on which the statement of entitlement is provided to the member.
Regulations may make provision in relation to applications under this section and may, in particular, restrict the making of successive applications.
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.
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.
In the case of a member of an occupational pension scheme that is not an unfunded public service defined benefits scheme, the ways referred to in subsection (1) are—
for acquiring transfer credits allowed under the rules of another occupational pension scheme—
the trustees or managers of which are able and willing to accept payment in respect of the member’s transferrable rights, and
which satisfies prescribed requirements;
for acquiring rights allowed under the rules of a personal pension scheme—
the trustees or managers of which are able and willing to accept payment in respect of the member’s transferrable rights, and
which satisfies prescribed requirements;
for purchasing from one or more insurer 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;
for subscribing to other pension arrangements which satisfy prescribed requirements.
In the case of a right acquired under section 90(1), the application must be made—
within the period of 3 months beginning with the guarantee date shown in the relevant statement of entitlement, and
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.
In the case of a member of a personal pension scheme, the ways referred to in subsection (1) are—
for acquiring transfer credits allowed under the rules of an occupational pension scheme—
the trustees or managers of which are able and willing to accept payment in respect of the member’s transferrable rights, and
which satisfies prescribed requirements;
for acquiring rights allowed under the rules of another personal pension scheme—
the trustees or managers of which are able and willing to accept payment in respect of the member’s transferrable rights, and
which satisfies prescribed requirements;
for subscribing to other pension arrangements which satisfy prescribed requirements.
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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—
for acquiring transfer credits allowed under the rules of another occupational pension scheme if—
the benefits that may be provided under the other scheme by virtue of the transfer credits are not flexible benefits,
the trustees or managers of the other scheme are able and willing to accept payment in respect of the member's transferrable rights, and
the other scheme satisfies requirements prescribed in regulations made by the Department or the Department of Finance and Personnel;
for acquiring rights allowed under the rules of a personal pension scheme if—
the benefits that may be provided under the personal pension scheme by virtue of the acquired rights are not flexible benefits,
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
the personal pension scheme satisfies requirements prescribed in regulations made by the Department or the Department of Finance and Personnel;
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;
for subscribing to other pension arrangements which satisfy requirements prescribed in regulations made by the Department or the Department of Finance and Personnel.
Except in such circumstances as may be prescribed—
subsection (2) is to be construed as if paragraph (d) were omitted; and
subsection (3) is to be construed as if paragraph (c) were omitted.
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.
Without prejudice to the generality of subsections (2) , (2A) and (3), the powers conferred by those subsections include power to provide that a scheme or pension arrangement or, in the case of subsection (2) or (2A), an annuity must satisfy requirements of the Inland Revenue.
In subsections (2) and (2A) “unfunded public service defined benefits scheme” means a public service pension scheme that—
is a defined benefits scheme within the meaning given by section 34 of the Public Service Pensions Act (Northern Ireland) 2014, and
meets some or all of its liabilities otherwise than out of a fund accumulated for the purpose during the life of the scheme.
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one year before the date on which the member attains normal pension age; or
six months after the termination date,
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.
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.
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.
The conditions that may be prescribed by regulations under subsection (6ZA) include (but are not limited to) conditions about—
the member's employment or place of residence;
providing the trustees or managers with information or evidence about the member's employment or place of residence;
the member obtaining information or guidance about exercising the option conferred by subsection (1) from a prescribed person in a prescribed case;
providing the trustees or managers with evidence that—
the member has complied with a prescribed condition about obtaining such information or guidance from a prescribed person, or
the member is not subject to such a prescribed condition.
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).
Regulations may extend the period specified in subsection (1A)(a) in prescribed circumstances.
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—
in relation to the whole of that cash equivalent, or
if subsection (2) applies, in relation to the whole of the balance mentioned in subsection (3).
This subsection applies where—
the trustees or managers— are able or willing to accept a transfer payment only in respect of a member’s rights other than his transferrable rights to guaranteed minimum pensions his accrued rights so far as attributable to service in contracted-out employment on or after the principal appointed day ...; and
of an occupational pension scheme ... , or
of a personal pension scheme ..., ...
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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 transferrable rights in any of the ways specified in subsection (2) , subsection (2A) or, as the case may be, subsection (3) of section 91.
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—
in the case of a transfer from an occupational pension scheme, in respect of the member’s and the member’s widow's, widower’s or surviving civil partner’s (as the case may be) pensions, being guaranteed minimum pensions or pensions so far as attributable to service in contracted-out employment on or after the principal appointed day ... ; ...
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Where a member of a pension scheme— 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.
is entitled to make an application under section 91(1) in relation to any category of benefits, and
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)),
Cash equivalents are to be calculated and verified —
in the prescribed manner, and
where a designation has been made under section 93A, in accordance with regulations under section 93B.
Regulations may provide—
that in calculating cash equivalents that relate to money purchase benefits account shall be taken—
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;
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;
that in prescribed circumstances a cash equivalent shall be increased or reduced.
for a cash equivalent that 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—
any pension; or
any benefit in lieu of pension; and
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.
Without prejudice to the generality of subsection (2), the circumstances that may be specified by virtue of paragraph (b) of that subsection include—
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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 the appropriate date
the state of the funding of the scheme.
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.
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.
For the purposes of subsection (3), the “appropriate date”—
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
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.
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).
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).
only acquires a right to the cash equivalent of such part of the benefits specified in section 90(1) as may be prescribed; or
acquires no right to a cash equivalent.
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 95(2ZA) or (2A).
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.
by virtue of regulations under subsection (1) or (2), a member of an occupational pension scheme does not, on the termination of his pensionable service in an employment to which a scheme applies, acquire a right at the relevant date to the cash equivalent of the whole or a part of the benefits specified in section 90(1); and
his employment terminates at least one year before normal pension age,
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.
a new definition of “the relevant date” for the definition in section 90(2); and
a new definition of “the last option date” for the definition in section 91(8).
Where the whole or any part of the benefits payable to a member of a personal pension scheme under the scheme have become payable on or before the relevant date, the right which he acquires under section 90 is only to the cash equivalent of any of the benefits mentioned in that section which have not become payable.
A member of an occupational pension scheme or a personal pension scheme loses the right to any cash equivalent under this Chapter if the scheme is wound up.
A member of an occupational pension scheme also loses that right—
if his pension or benefit in lieu of a pension or any part of it becomes payable before he attains normal pension age; or
he fails to exercise the option conferred by section 91 on or before the last option date (within the meaning of subsection (7) of that section).
In this section “the relevant date” has the same meaning as in section 90(2).
Where— 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 ... continues to subsist.
a member has exercised the option conferred by section 91; and
the trustees or managers of the scheme have done what is needed to carry out what the member requires,
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—
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, and
in the case of an application that relates to money purchase benefits other than collective money purchase benefits, within 6 months beginning with the date of the application, and
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.
If— then, subject to the following provisions of this section, they must instead do so before the end of that period of 3 months.
disciplinary proceedings or proceedings before a court have been begun against a member of an occupational pension scheme ...; and
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 the member’s surviving spouse or civil partner being forfeited; and
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),
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.
The Regulatory Authority may, in prescribed circumstances, by 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.
in any case where in the opinion of the Board—
the scheme is being wound up or is about to be wound up;
the scheme is ceasing to be a contracted-out scheme or, as the case may be, an appropriate scheme;
the interests of the members of the scheme generally will be prejudiced if the trustees or managers of the scheme do what is needed to carry out what is required within that period; or
the member has not taken all such steps as the trustees or managers can reasonably expect him to take in order to satisfy them of any matter which falls to be established before they can properly carry out what he requires;
in any case where the provisions of sections 48 to 50 apply; and
in any case where a request for an extension has been made on a ground specified in paragraph (a) or (b), and the Board’s consideration of the request cannot be completed before the end of that period.
Subsection (2) does not apply if—
the member was required by section 92(4) to give a transfer notice under section 97F(1) in addition to making an application, and
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.
A request for an extension under subsection (4) may only be made by the trustees or managers.
Subsection (2) does not apply if—
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
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.
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that there has been a relevant change of circumstances since they granted an extension, or
that they granted an extension in ignorance of a material fact or on the basis of a mistake as to a material fact,
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Regulations may make provision requiring applications for extensions under subsection (4) to meet prescribed requirements .
Regulations may extend the period for compliance under subsection (2) or (3) in prescribed circumstances.
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)—
they must, except in prescribed cases, notify the Regulatory Authority of that fact within the prescribed period, and
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.
Regulations may provide that in prescribed circumstances subsection (7) shall not apply in relation to an occupational pension scheme.
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.
The power under subsection (1) may be exercised only if the relevant Department considers that—
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
the increased likelihood is connected with the exercise or expected future exercise of rights to take a cash equivalent acquired under section 90.
The power under subsection (1) may be exercised in relation to the whole or any part of a scheme.
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.
A designation under subsection (1)—
may be extended (on more than one occasion) for a period of no more than 2 years;
may be revoked.
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).
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—
the Department of Finance and Personnel, and
(where relevant) each Northern Ireland department by whom, or with whose approval, the scheme was established.
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—
the Department of Finance and Personnel, and
(where relevant) each Northern Ireland department by whom, or with whose approval, the scheme was established.
In this section—
“funded public service defined benefits scheme” means a public service pension scheme that—
The Department of Finance and Personnel may by regulations make modifications of the definition of “the relevant Department” in subsection (9).
Subject to subsections (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.
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), subsection (2A) or, as the case may be, subsection (3) of section 91.
A member who withdraws an application may make another.
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.
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.
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.
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.
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.
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.
In making any calculation for the purposes of this Chapter— the whole or part of a pension shall be disregarded.
any charge or lien on, and
any set-off against,
If the trustees receive an application under section 91 relating to money purchase benefits that are collective money purchase benefits—
they must give the member notice in writing of the cash equivalent that relates to those benefits, and
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).
The period referred to in subsection (1)(b) is—
the period of 3 weeks beginning with the day after the day on which the notice is given, or
such other period as may be specified in regulations.
Any action taken in contravention of subsection (1)(b) is void.
Except as mentioned in sections 92(4) and 97G(4), a pension scheme may not contain rules that would have the effect of—
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
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.
In this Chapter references to the scheme rules, in relation to a pension scheme, are references to—
the rules of the scheme, except so far as overridden by a relevant legislative provision,
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
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.
For the purposes of subsection (1)—
“relevant legislative provision” means any provision contained in any of the following provisions—
Schedule 5 to the Social Security (Northern Ireland) Order 1989;
Chapter 2 or 3 of Part 4 or regulations made under either of those Chapters;
this Part or regulations made under this Part;
Part 4A or regulations made under that Part;
section 106(1);
Part 2 of the Pensions (Northern Ireland) Order 1995 or orders or regulations made or having effect as if made under that Part;
Article 28 of the Welfare Reform and Pensions (Northern Ireland) Order 1999;
any provision mentioned in Article 279(2) of the Pensions (Northern Ireland) Order 2005;
section 61 of the Pension Schemes Act 2015;
regulations made under section 62 or 63 of the Pension Schemes Act 2015;
regulations made under Schedule 17 to the Pensions Act (Northern Ireland) 2015;
regulations made under Schedule 18 to the Pensions Act (Northern Ireland) 2015;
sections 21, 23, 26, 28, 29 and 33 of and Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021;
regulations made under section 69(4) of or paragraph 1(6) of Schedule 5 to the Pension Schemes Act 2021;
sections 82, 85, 90, 92, 93 and 96 of the Pension Schemes Act 2021;
regulations 40 and 56 of the Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations (Northern Ireland) 2026;
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—
paragraph 3 of Schedule 5 to the Social Security (Northern Ireland) Order 1989;
section 125(1);
Article 114(1) of the Pensions (Northern Ireland) Order 1995;
Article 28(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;
Article 279(1) of the Pensions (Northern Ireland) Order 2005;
section 61(3) of the Pension Schemes Act 2015;
regulations made under section 62(4) or 63(4) of the Pension Schemes Act 2015;
regulations made under paragraph 16 of Schedule 17 to the Pensions Act (Northern Ireland) 2015;
regulations made under paragraph 6 of Schedule 18 to the Pensions Act (Northern Ireland) 2015.
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;
sections 69(7)(b), 82(4A), 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;
regulation 40(1)(b) of the Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations (Northern Ireland) 2026.
In this Chapter “normal pension age”, in relation to a category of benefits under a pension scheme, means—
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,
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
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.
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.
In this Chapter—
“statement of entitlement” has the meaning given by section 89A;
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This Chapter shall have effect for the purpose of requiring the provision by schemes to which it applies of annual increases in the annual rates of pensions under those schemes.
This Chapter applies to any occupational pension scheme— and in this Chapter such a scheme is referred to as a “qualifying scheme”.
which is neither a public service pension scheme nor a money purchase scheme; and
the rules of which do not require the annual rate of every pension to be increased each year by at least the appropriate percentage of that rate;
In this Chapter—
“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;
every assignment of or charge on that pension ..., and
every agreement to assign or charge that pension ...,
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The amount of any primary Class 1 contribution attributable 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 1.4 per cent of the relevant part of the earnings (“Amount R1”).
The amount of any secondary Class 1 contribution in respect of the earnings shall be reduced by an amount equal to 3.4 per cent of the relevant part of the earnings (“Amount R2”).
The aggregate of Amounts R1 and R2 shall be set off—
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
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— 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 Social Security Contributions and Benefits (Northern Ireland) Act 1992.
paid to or for the benefit of any other employed earner (whether in contracted-out employment or not), and
in relation to which the secondary contributor is such a contributor;
If— 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.
any balance remains, and
the secondary contributor makes an application for the purpose to the Inland Revenue,
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If, apart from this Chapter, the annual rate of a pension under a qualifying scheme would not be increased as mentioned in section 98(2)(b), the annual rate of its later service component shall be increased annually by at least the appropriate percentage of the annual rate of that component.
In this section “later service component” means so much (if any) of the annual rate of the pension as is attributable to pensionable service on or after the appointed day.
The first increase by virtue of this section in the rate of a pension shall take effect not later than the first anniversary of the commencement of the pension and subsequent increases shall take effect at intervals of not more than 12 months.
This section is subject to sections 101 to 104 and 149.
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If on any valuation day the value of a qualifying scheme’s assets exceeds the value of its liabilities, the amount of the excess (the “valuation surplus”) shall, in accordance with this section but subject to subsection (7), be applied in providing for annual increases in the annual rate of the earlier service component of each pension under the scheme that would not, apart from this Chapter, be increased as mentioned in section 98(2)(b).
In this section “earlier service component” means so much (if any) of the annual rate of the pension as is attributable to pensionable service before the appointed day.
Each annual increase to be provided in pursuance of this section shall be equal to the appropriate percentage of the annual rate of the earlier service component of the pension in question.
Except in a case where regulations otherwise provide, the days which are “valuation days” for the purposes of this section are—
the appointed day; and
each subsequent day as at which the assets and liabilities of the scheme in question are actuarially valued for any purpose.
Where, in consequence of a valuation surplus, this section requires provision to be made for annual increases in the annual rate of the earlier service component of a pension, the first of those increases shall take effect not later than the first anniversary of the later of— and subsequent increases shall take effect at intervals of not more than 12 months.
the valuation day as at which the valuation was made which disclosed the valuation surplus; or
the commencement of the pension;
In any case where— the valuation surplus shall be applied in providing for those increases, but only at the percentage rate that would apply year by year in relation to those increases if, for the percentage of 5 per cent. specified in subsection (10), there were substituted such lower percentage as represents the greatest percentage by reference to which the valuation surplus is sufficient to provide for annual increases in the earlier service component of the pensions in question.
a valuation of the assets and liabilities of a qualifying scheme discloses a valuation surplus, but
the amount of the surplus is insufficient to provide in full for the annual increases otherwise required by this section in pensions under the scheme,
If a valuation surplus is disclosed on a valuation at any time when either— this section does not require that surplus or, as the case may be, the remaining part of it to be applied in the provision of increases under this section.
provision has already been made by the scheme for the annual rate of the earlier service component of every such pension as is mentioned in subsection (1) to be increased annually in the aggregate by at least the appropriate percentage of that rate, or
the application of part only of the valuation surplus would be sufficient to secure that result,
The value of a qualifying scheme’s assets and liabilities for the purposes of subsection (1) and the percentage to be substituted under subsection (6) shall be determined in accordance with regulations.
This section is subject to sections 101 to 104 and 149.
The maximum percentage of 5 per cent. referred to in subsection (5) is the maximum percentage which may be specified as the revaluation percentage in the case of a revaluation period of 12 months by a revaluation order.
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Where the first increase of a pension required under section 99 is to take effect on a date when the pension has been in payment for a period of less than 12 months, that increase shall be of an amount equal to one twelfth of the amount of the increase so required (apart from this subsection) for each complete month in that period.
This section shall apply in relation to the first increase of a pension by virtue of section 100 in consequence of each successive valuation surplus as it applies in relation to the first increase of a pension under section 99.
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Subject to subsection (2), no increase under section 99 or 100 is required to be paid to or for a member of a scheme whose pension has commenced but who has not attained the age of 55 at the time when the increase takes effect.
Subsection (1) does not apply if the member—
is permanently incapacitated by mental or physical infirmity from engaging in regular full-time employment, or
has retired on account of mental or physical infirmity from the employment in respect of which, or on retirement from which, the pension is payable.
The rules of a scheme may provide that if, in a case where a pension has been paid to or for a member under the age of 55 at an increased rate in consequence of subsection (2), the member— any increases subsequently taking effect under section 99 or 100 in the annual rate of the pension shall not be paid or shall not be paid in full.
ceases to suffer from the infirmity in question before he attains the age of 55, but
continues to be entitled to the pension,
In any case where— his pension shall then become payable at the annual rate at which it would have been payable apart from subsection (1) or (3).
by virtue only of subsection (1) or (3), increases are not paid to or for a member or are not paid in full, but
the member attains the age of 55 or, in a case falling within subsection (3), again satisfies the condition set out in subsection (2)(a) or (b),
to pensionable service before the appointed day;
to pensionable service on or after that day; or
partly to pensionable service before and partly to pensionable service on or after that day.
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No payment shall be made out of the resources of a qualifying scheme which is constituted by trust deed to or for a person who is or has been the employer of persons in the description or category of employment to which the scheme relates until such time as provision has been made by the scheme for every pension which commences or has commenced under it to be increased as mentioned in section 98(2)(b).
Nothing in subsection (1) applies in relation to payments made to or for a person by virtue of his or any other person’s membership of the scheme in question.
Whenever the Secretary of State makes an order under section 109 of the Pension 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 the tax years in the relevant period as defined in that section for— the Department may make a corresponding order for Northern Ireland.
earners who have attained pensionable age; and
widows, widowers and surviving civil partners,
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.
Except as permitted by Article 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—
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
the payment is to a person as the widow, 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 widow, widower or surviving civil partner, and the increase is the one required to be made in the next tax year.
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Except in such cases as may be prescribed, and except so far as is necessary to ensure that an occupational pension scheme or a personal pension scheme has, or may be expected to qualify for, tax-exemption or tax-approval, the rules of the scheme—
must not prohibit, or allow any person to prohibit, the payment by a member of voluntary contributions;
must not impose, or allow any person to impose, any upper or lower limit on the payment by a member of voluntary contributions;
must secure that any voluntary contributions paid by a member are to be used by the trustees or managers of the scheme to provide additional benefits for or in respect of him; and
must secure that the value of the additional benefits is reasonable, having regard—
to the amount of the voluntary contributions; and
to the value of the other benefits under the scheme.
The requirements specified in this section are in this Act referred to as “the voluntary contributions requirements”.
This section does not apply in relation to any pension payable under— and accordingly none of the provisions of this Act shall, in so far as it has effect in relation to the voluntary contributions requirements, apply to any such pension.
Part II of the Judicial Pensions Act (Northern Ireland) 1951;
Part XIII of the County Courts Act (Northern Ireland) 1959;
the Resident Magistrates' Pensions Act (Northern Ireland) 1960;
section 2 of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969;
the Judicial Pensions Act 1981; or
the Judicial Pensions and Retirement Act 1993;
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An occupational pension scheme shall comply with such restrictions as may be prescribed with respect to the proportion of its resources that may at any time be invested in, or in any description of, employer-related investments.
In this section—
If and to the extent that any sums due and payable by a person to the trustees or managers of a scheme remain unpaid—
those sums shall be regarded for the purposes of this section as loans made to that person by the trustees or managers, and
resources of the scheme shall be regarded as invested accordingly.
Articles 4 and 7 of the Insolvency (Northern Ireland) Order 1989 (connected and associated persons) shall apply for the purposes of this section as they apply for the purposes of that Order.
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—
of its constitution;
of its administration and finances;
of the rights and obligations that arise or may arise under it;
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.
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
The persons referred to in subsection (1) are—
members and, in the case of an occupational pension scheme, prospective members of the scheme;
spouses or civil partners of members and, in the case of an occupational pension scheme, of prospective members;
persons within the application of the scheme and qualifying or prospectively qualifying for its benefits;
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.
persons of prescribed descriptions.
Without prejudice to the generality of section 177(2), the regulations may distinguish between—
cases in which information is to be given as of course; and
cases in which information need only be given on request or in other prescribed circumstances.
In complying with requirements specified in the regulations, a person must have regard to any guidance prepared from time to time by the Department.
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).
The regulations may provide for the information that must be given to be determined, in whole or part, by reference to guidance which is prepared and from time to time revised by a prescribed body.
The regulations may, in relation to cases where a scheme is being wound up, contain—
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
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.
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).
The Department must by regulations make provision requiring the publication of information about—
some or all of the transaction costs of a relevant scheme, and
some or all of the other administration charges imposed on members of a relevant scheme.
Regulations under subsection (6) may require other relevant information to be published along with information about transaction costs or other administration charges in relation to a scheme.
“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.
In this section—
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Without prejudice to the generality of the power conferred on it by section 109(1), the Department may by regulations require the trustees of an occupational pension scheme or, if there are no trustees, the managers—
to obtain at such times as may be prescribed documents to which this subsection applies; and
to make copies of them available to the persons specified in section 109(2).
In relation to any scheme, the documents to which subsection (1) applies are—
its audited accounts;
an auditor’s statement about contributions under it;
an actuarial valuation of its assets in relation to its liabilities; and
an actuary’s statement concerning such aspects of any such valuation as may be prescribed.
The Department may by regulations—
prescribe the persons who may act as auditors or actuaries for the purposes of this section; or
provide that the persons who may so act shall be—
persons with prescribed professional qualifications or experience; or
persons approved by the Department.
The Department may by regulations make provision as to the form and content of any such document as is mentioned in subsection (2).
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 or 109B . . ., 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.
The Department may by regulations specify forms for notices under subsection (1).
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.
The power to make such an order shall be exercisable by a county court on the application of any person mentioned in subsection (5).
The persons referred to in subsection (4) are—
the Department;
any person authorised by the Department to make an application under this section; and
any aggrieved person.
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.
the appointment, resignation and removal of auditors of occupational pension schemes;
the duty of employers and auditors of employers to disclose information to the trustees or managers of occupational pension schemes and the auditors of such schemes;
the duty of trustees or managers of an occupational pension scheme to disclose information and to make documents available to the auditors of the scheme.
Regulations may provide that, where— 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.
a payment is made out of an occupational pension scheme to the trustees or managers of another occupational pension scheme, and
transfer credits are allowed to a member of that other scheme in respect of the payment,
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.
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—
to transfer any rights accrued under the scheme, or
to start receiving benefits provided by the scheme.
As part of the application process, the trustees or managers must ensure that—
the beneficiary is referred to appropriate pensions guidance, and
the beneficiary is provided with an explanation of the nature and purpose of such guidance.
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.
The regulations may—
specify what constitutes appropriate pensions guidance;
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);
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);
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);
provide for exceptions to the duties in subsections (2) and (3) in specified cases;
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.
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.
In this section—
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Subject to section 149(3), the equal access requirements in relation to an occupational pension scheme are that membership of the scheme is open to both men and women on terms which are the same as to age and length of service needed for becoming a member.
A rule does not contravene the equal access requirements only because it confers on the scheme’s trustees or managers, or others, a discretion whose exercise may result in a person being more or less favourably treated than he otherwise would be, so long as it does not provide for the discretion to be exercised in any discriminatory manner as between men and women.
The equal access requirements have effect in relation to any occupational pension scheme whose resources are derived in whole or in part from—
payments made or to be made by one or more employers of earners to whom the scheme applies, being payments either—
under an actual or contingent legal obligation; or
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
such other payments by the earner or his employer, or both, as may be prescribed for different categories of scheme.
Regulations may make provision—
for the Equal Pay Act (Northern Ireland) 1970 to have effect, in relation to terms of employment relating to membership of an occupational pension scheme, with such modifications as may be prescribed;
for imposing requirements on employers as to the payment of contributions and otherwise in case of their failing or having failed to comply with any such terms;
for the consequential modification of a scheme’s rules where there has been an alteration under the Equal Pay Act (Northern Ireland) 1970 of any such terms.
A reference in this section to terms of employment includes (where the context permits) a reference to—
any collective agreement or pay structure;
a wages regulation order within section 4 of the Equal Pay Act (Northern Ireland) 1970; and
an agricultural wages order within section 5 of that Act.
This Chapter applies to any member of an occupational pension scheme to which Chapter 1 applies (see section 65(3)) if—
his pensionable service terminates before he attains normal pension age, and
on the date on which his pensionable service terminates—
the three month condition is satisfied, but
he does not have relevant accrued rights to benefit under the scheme.
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— amounts to at least three months.
any previous period of his pensionable service under the scheme, and
any period throughout which he was employed in linked qualifying service under another scheme,
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.
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—
have accrued to or in respect of him under the scheme, and
entitle him to the relevant benefits which would have accrued to or in respect of him under the applicable rules if paragraphs (a) , (aa) and (b) of section 67(1) (and the word “and” immediately preceding them) did not have effect.
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.
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 cash transfer sum;
a contribution refund.
Subsection (1) is subject to the following provisions of this Chapter.
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).
In this Chapter, “contribution refund” means, in relation to a member of an occupational pension scheme, a sum representing the aggregate of—
the member's employee contributions to the scheme, and
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—
relate to the transfer payment, and
do not, in aggregate, exceed the amount of the transfer payment.
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 transfer payment by virtue of which transfer credits have been allowed to the member under the scheme, or
any pension credit or amount paid to the scheme which is attributable (directly or indirectly) to a pension credit.
This section applies where the pensionable service of a member of an occupational pension scheme has terminated.
The trustees or managers of the scheme must—
within a reasonable period after the termination give the member a statement in writing containing information adequate to explain— and such other information as may be prescribed, and
the nature of the right acquired by him under section 97AB, and
how he may exercise the right,
afford the member a reasonable period after giving him that statement within which to exercise the right.
The statement given under subsection (2)(a) must specify, in particular—
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,
the amount of the contribution refund to which the member so acquires a right, and
the last day on which the member may, disregarding section 97AI(2), exercise the right ( “the reply date”).
Information which may be prescribed under subsection (2)(a) includes, in particular—
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
information about the effect on other rights of the member (whether under the applicable rules or otherwise) of exercising the right.
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.
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.
This section applies where a member of an occupational pension scheme acquires a right under section 97AB.
The member may exercise the right by giving a notice in writing to that effect to the trustees or managers stating—
which of the options under section 97AB(1) he elects, and
if he elects for the cash transfer sum, the permitted way in which he requires that sum to be used.
The notice under subsection (2) must be given on or before—
the reply date, or
such later date as the trustees or managers may allow in his case under section 97AI(2).
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.
The ways in which the cash transfer sum may be used are—
for acquiring transfer credits allowed under the rules of another occupational pension scheme—
whose trustees or managers are able and willing to accept the cash transfer sum, and
which satisfies prescribed requirements,
for acquiring rights allowed under the rules of a personal pension scheme—
whose trustees or managers are able and willing to accept the cash transfer sum, and
which satisfies prescribed requirements,
for purchasing one or more appropriate annuities,
in such circumstances as may be prescribed, for subscribing to other pension arrangements which satisfy prescribed requirements.
For the purposes of subsection (2), “appropriate annuity” means an annuity which satisfies prescribed requirements and is purchased from an insurer who—
falls within section 15(4)(a),
is chosen by the member, and
is willing to accept payment on account of the member from the trustees or managers of the scheme.
Cash transfer sums are to be calculated and verified in the prescribed manner.
Any calculation of a contribution refund must conform with such requirements as may be prescribed.
Regulations may provide—
for amounts to be deducted in respect of administrative costs in calculating cash transfer sums;
for a cash transfer sum or contribution refund to be increased or reduced in prescribed circumstances.
The circumstances that may be prescribed under subsection (3)(b) include in particular—
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
the state of funding of the scheme.
Regulations under subsection (3)(b) may provide—
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;
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.
This section applies where a member of an occupational pension scheme has exercised a right under section 97AB in accordance with section 97AD.
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).
When the trustees or managers have done what is needed to carry out that requirement, 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
to make any other payment by way of refund to or in respect of the member of, or in respect of—
the contributions, or any payment, mentioned in section 97AB(4), or
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).
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.
When the trustees or managers have done what is needed to secure the payment of the contribution refund as mentioned in subsection (4)—
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
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— the amount of the contribution refund may be set off against the refund payment.
the contributions, or any payment, mentioned in section 97AB(4), or
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),
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.
This section applies where—
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
the trustees or managers of the scheme have notified the member as mentioned in section 97AC(5).
The trustees or managers may within a reasonable period beginning with— pay the contribution refund to the member.
the reply date, or
if a later date has been allowed as mentioned in subsection (1), that later date,
When the trustees or managers have paid the contribution refund to the member—
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
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— the amount of the contribution refund may be set off against the refund payment.
the contributions, or any payment, mentioned in section 97AB(4), or
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),
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This section applies in relation to an occupational pension scheme which is constituted by trust deed—
if a person (“the practitioner”) commences to act as an insolvency practitioner in relation to a company which, or an individual who, is the employer of persons in the description or category of employment to which the scheme relates; or
if the official receiver becomes—
the liquidator or provisional liquidator of a company which is the employer of any such persons, or
the receiver and the manager, or the trustee, of the estate of a bankrupt who is the employer of any such persons.
If and so long as this section applies to a scheme, subject to subsection (5), it shall be the duty of the practitioner or official receiver—
to satisfy himself that at all times at least one of the trustees of the scheme is an independent person; and
if at any time he is not so satisfied, to appoint under this paragraph, or to secure the appointment of, an independent person as a trustee of the scheme.
For the purposes of subsection (2) a person is “independent” only if— and any reference in this section or sections 116 to 118 to an “independent trustee” shall be construed accordingly.
he has no interest in the assets of the employer or of the scheme, otherwise than as trustee of the scheme;
he is neither connected with, nor an associate of—
the employer;
any person for the time being acting as an insolvency practitioner in relation to the employer; or
the official receiver, acting in any of the capacities mentioned in subsection (1)(b) in relation to the employer; and
he satisfies such other requirements as may be prescribed;
Articles 4 and 7 of the Insolvency (Northern Ireland) Order 1989 (connected and associated persons) shall apply for the purposes of subsection (3)(b) as they apply for the purposes of that Order.
Where, apart from this subsection, the duties imposed by subsection (2) in relation to a scheme would fall to be discharged at the same time by two or more persons acting in different capacities, those duties shall be discharged—
if the employer is a company, by the person or persons acting as the company’s liquidator, provisional liquidator or administrator; or
if the employer is an individual, by the person or persons acting as his trustee in bankruptcy or interim receiver of his property.
Where this section applies in relation to a scheme, it shall cease to do so—
if some person other than the employer mentioned in subsection (1) becomes the employer of persons in the description or category of employment to which the scheme relates; or
if at any time neither the practitioner nor the official receiver is acting in relation to the employer.
Nothing in subsection (6) affects the application of this section in relation to the scheme on any subsequent occasion when the conditions specified in subsection (1)(a) or (b) are satisfied in relation to it.
In this section—
References in this section to an individual include references to a partnership.
section 115 applies in relation to a scheme; but
the practitioner or official receiver neglects or refuses to discharge any duty imposed on him by subsection (2) of that section in relation to the scheme,
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If, immediately before the appointment of an independent trustee under subsection (2)(b) of section 115, there is no trustee of the scheme other than the employer, the employer shall cease to be a trustee upon the appointment of the independent trustee.
If and so long as section 115 applies in relation to a scheme— but if, in either case, there is more than one independent trustee, the power shall also be exercisable with the consent of at least half of those trustees by any person who could exercise it apart from this subsection.
any power vested in the trustees or managers of the scheme and exercisable at their discretion shall be exercisable only by the independent trustee; and
any power— shall be exercisable only by the independent trustee;
which the scheme confers on the employer (otherwise than as trustee or manager of the scheme), and
which is exercisable by him at his discretion but only as trustee of the power,
If and so long as section 115 applies in relation to a scheme, no independent trustee of the scheme shall be removed from being a trustee by virtue only of any provision of the scheme.
If a trustee appointed under subsection (2)(b) of section 115 ceases to be an independent trustee, then—
he shall immediately give written notice of that fact to the practitioner or official receiver by whom the duties under that provision fall to be discharged; and
subject to subsection (5), he shall cease to be a trustee of the scheme.
If, in a case where subsection (4) applies, there is no other trustee of the scheme than the former independent trustee, he shall not cease by virtue of that subsection to be a trustee until such time as another trustee is appointed.
A trustee appointed under subsection (2)(b) of section 115 shall be entitled to be paid out of the scheme’s resources his reasonable fees for acting in that capacity and any expenses reasonably incurred by him in doing so, and to be so paid in priority to all other claims falling to be met out of the scheme’s resources.
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Notwithstanding anything in Article 133 of the Insolvency (Northern Ireland) Order 1989 (court orders for inspection, etc.), if and so long as section 115 applies in relation to a scheme, it shall be the duty of the practitioner or official receiver to provide the trustees of the scheme, as soon as practicable after the receipt of a request, with any information which the trustees may reasonably require for the purposes of the scheme.
Any expenses incurred by the practitioner or official receiver in complying with a request under subsection (1) shall be recoverable by him as part of the expenses incurred by him in discharge of his duties.
The practitioner or official receiver shall not be required under subsection (1) to take any action which involves expenses that cannot be so recovered, unless the trustees of the scheme undertake to meet them.
For the purposes of this Chapter, an employer shall be taken to be insolvent if, but only if, in Northern Ireland—
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
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; ...
where the employer is a company—
a winding-up order ... is made or a resolution for voluntary winding up is passed with respect to it or the company enters administration,
a receiver or manager of its undertaking is duly appointed,
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
a voluntary arrangement proposed for the purpose of Part II of the Insolvency (Northern Ireland) Order 1989 is approved under that Part ; or
subsection (1ZA) or (1A) is satisfied.
In this Chapter—
This subsection is satisfied in the case of an employer if—
the employer is a legal person,
a request has been made for the first opening of collective proceedings—
based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and
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
any of the following has decided to open the proceedings—
a court,
a meeting of creditors, or
the creditors by a decision procedure.
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This subsection is satisfied if—
a request has been made for the first opening of collective proceedings—
based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State; and
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
the competent authority has—
decided to open the proceedings; or
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.
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.
For the purposes of this section—
“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;
“competent authority” includes—
a court,
a meeting of creditors,
a creditors’ committee,
the creditors by a decision procedure, and
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.
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.
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.
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.
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— 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.
that an employer has become insolvent; and
that at the time he did so there remained unpaid relevant contributions falling to be paid by him to the scheme,
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 a worker; and for the purposes of this section a contribution shall not be treated as falling to be paid on behalf of a worker unless a sum equal to that amount has been deducted from the pay of the worker by way of a contribution from him.
Subject 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—
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;
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 workers of the employer;
an amount equal to 10 per cent. of the total amount of remuneration paid or payable to those workers in respect of the 12 months immediately preceding the date on which the employer became insolvent.
For the purposes of subsection (3)(c), “remuneration” includes holiday pay, statutory sick pay, statutory maternity pay under Part VI of the Social Security (Northern Ireland) Order 1986 or Part XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and any such payment as is referred to in Article 229(2) of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments, etc.).
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.
Any sum payable under this section in respect of unpaid contributions on behalf of a worker shall not exceed the amount deducted from the pay of the worker in respect of the worker's contributions to the scheme during the 12 months immediately preceding the date on which the employer became insolvent.
In this section “on his own account”, in relation to an employer, means on his own account but to fund benefits for, or in respect of, one or more workers.
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.
The officers referred to in subsection (1) are—
the official receiver; or
any such person as is referred to in paragraph (1) or (2) of Article 3 of the Insolvency (Northern Ireland) Order 1989 (insolvency practitioners), as read with paragraphs (3) and (4) of that Article.
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.
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.
If the Department is satisfied— 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.
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
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,
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—
the Department has failed to make any such payment; or
any such payment made by the Department is less than the amount which should have been paid.
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.
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.
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.
Where— 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.
the Department makes any such payment as is mentioned in subsection (1); and
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 Insolvency (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 or any provision of the Companies Acts (as defined in section 2(1) of the Companies Act 2006)) ...,
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— 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).
any claim of the Department to be so paid by virtue of subsection (2); and
any claim by the persons competent to act in respect of the scheme,
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.
This Chapter applies to any occupational pension scheme whose resources are derived in whole or part from—
payments to which subsection (2) applies made or to be made by one or more employers of earners to whom the scheme applies, or
such other payments by the earner or his employer, or both, as may be prescribed for different categories of scheme.
This subsection applies to payments—
under an actual or contingent legal obligation, or
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.
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; “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);
The normal benefit age in relation to a pension credit benefit for a member of a scheme—
must not be lower than 60, and
must not be higher than the permitted maximum.
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.
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.
Subject to subsection (2) and section 97E, a person’s pension credit benefit under a scheme must be—
payable directly out of the resources of the scheme, or
assured to him by such means as may be prescribed.
Subject to subsections (3) and (4), a scheme may, instead of providing a person’s pension credit benefit, provide—
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
for such alternatives to pension credit benefit as may be prescribed.
The option conferred by subsection (2)(a) is additional to any obligation imposed by Chapter II of this Part.
The alternatives specified in subsection (2)(a) and (b) may only be by way of complete or partial substitute for pension credit benefit—
if the person entitled to the benefit consents, or
in such other cases as may be prescribed.
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—
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),
the transaction is entered into with the consent of the member or, if the member has died, of the member’s widow or widower or surviving civil partner , and
such requirements as may be prescribed are met.
Regulations may provide that subsection (1)(b) shall not apply in prescribed circumstances.
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 pension credit rights for such one or more of the authorised purposes as he may specify in the notice.
In the case of a member of an occupational pension scheme, the authorised purposes are—
to acquire rights allowed under the rules of an occupational pension scheme, or personal pension scheme, which is an eligible scheme;
to purchase from one or more insurer 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
in such circumstances as may be prescribed, to subscribe to other pension arrangements which satisfy prescribed requirements.
In the case of a member of a personal pension scheme, the authorised purposes are—
to acquire rights allowed under the rules of an occupational pension scheme, or personal pension scheme, which is an eligible scheme; and
in such circumstances as may be prescribed, to subscribe to other pension arrangements which satisfy prescribed requirements.
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.
The cash equivalent for the purposes of subsection (1) shall—
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
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.
The requirements which may be prescribed under subsection (2) or (3) include, in particular, requirements of the Inland Revenue.
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.
The conditions that may be prescribed by regulations under subsection (5A) include (but are not limited to) conditions about—
the member's employment or place of residence;
providing the trustees or managers with information or evidence about the member's employment or place of residence;
the member obtaining information or guidance about exercising the right under subsection (1) from a prescribed person in a prescribed case;
providing the trustees or managers with evidence that—
the member has complied with a prescribed condition about obtaining such information or guidance from a prescribed person, or
the member is not subject to such a prescribed condition.
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).
In subsections (2) and (3), references to an eligible scheme are to a scheme—
the trustees or managers of which are able and willing to accept payment in respect of the member’s pension credit rights, and
which satisfies the prescribed requirements.
Regulations may—
provide for this Chapter not to apply in relation to a person of a prescribed description;
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;
modify the application of this Chapter in relation to a member who has accrued rights to benefits of a prescribed description.
In this Chapter a reference to a “category” of benefits is to one of the following three categories—
money purchase benefits;
flexible benefits other than money purchase benefits;
benefits that are not flexible benefits.
In this Chapter, “transfer notice” means a notice under subsection (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.
An eligible member may give a transfer notice in relation to a category of benefits other than money purchase benefits only if—
the member has been provided with a statement under section 97H in relation to benefits in that category, and
not more than 3 months have passed since the date by reference to which the amount shown in the statement is determined.
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.
Where an eligible member of a qualifying scheme— 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.
is entitled to give a transfer notice in relation to any category of benefits, and
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)),
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.
Regulations may extend the period specified in subsection (2)(b) in prescribed circumstances.
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—
payment of a pension in respect of any of the benefits has begun,
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
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.
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.
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.
For the purposes of subsection (1), the amount of the cash equivalent shall be determined by reference to a date falling within—
the prescribed period beginning with the date of the application, and
the prescribed period ending with the date on which the statement under that subsection is provided to the applicant.
Regulations may make provision in relation to applications under subsection (1) and may, in particular, restrict the making of successive applications.
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.
Cash equivalents for the purposes of this Chapter shall be calculated and verified in the prescribed manner.
Trustees or managers of a qualifying scheme who receive a transfer notice shall comply with the notice—
in the case of an application that relates to benefits other than money purchase benefits, within 6 months beginning with the valuation date, and
in the case of an application that relates to money purchase benefits, within 6 months of the date on which the notice is given.
The Regulatory Authority may, in prescribed circumstances, by direction, extend the period for complying with the notice.
Regulations may extend the period for complying with the notice in prescribed circumstances.
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.
Subsection (1) does not apply if—
the member was required by section 97G(4) to make an application under section 91(1) in addition to giving a transfer notice, and
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.
Subsection (1) does not apply if—
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
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.
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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—
they shall, except in prescribed cases, notify the Regulatory Authority of that fact within the prescribed period, and
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.
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.
Regulations may—
make provision requiring applications for extensions under subsection (2) to meet prescribed requirements , and
provide that subsection (4) shall not apply in prescribed circumstances.
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.
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.
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.
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.
Regulations may make provision for the amount required to be used under section 97F(1) to be increased or reduced in prescribed circumstances.
Without prejudice to the generality of subsection (1), the circumstances which may be prescribed include—
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
the state of funding of a qualifying scheme.
Regulations under subsection (1) may have the effect of extinguishing an obligation under section 97F(1).
Compliance with a transfer notice shall have effect to discharge the trustees or managers of a qualifying scheme from any obligation to provide the benefits to which the transfer notice relates.
In making any calculation for the purposes of this Chapter— the whole or part of a pension shall be disregarded.
any charge or lien on, and
any set-off against,
Except as mentioned in sections 92(4) and 97G(4), a pension scheme may not contain rules that would have the effect of—
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
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.
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.
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Subject to subsection (2), the provisions of Chapters 2 and 3 of Part 4, Chapters 1 and 2 of Part 4ZA Chapters I and II of Part IVA,, . . . section 106(1) . . . and any regulations made . . . under any of those Chapters or section 109 . . . override any provision of a scheme to which they apply to the extent that it conflicts with them.
Chapter II of Part IV (as it applies to occupational pension schemes), and Chapter III of that Part do not override a protected provision of a scheme ....
In subsection (2) “protected provision” means—
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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);
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
any provision of a scheme whereby, as respects so much of a widow's, widower’s or surviving civil partner's pension as exceeds the guaranteed minimum pension—
no pension or a pension at a reduced rate is payable if the earner and the widow, 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;
the whole or any part of the pension is not paid to the widow, widower or surviving civil partner, but instead comparable benefits are provided for one or more dependants of the deceased earner; or
no pension, or a pension at a reduced rate, is payable to the widow, 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.
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—
from paragraph (c), of the words from “authorised” to the end; and
from paragraph (e), of the words from “as respects” to “guaranteed minimum pension”.
It is hereby declared that—
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
nothing in the provisions of Chapter 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.
It is hereby declared that nothing in Chapter I of Part IV—
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
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.
Where the rules of an occupational pension scheme to which the preservation requirements, . . . ... apply do not comply with those requirements it shall be the responsibility of— to take such steps as are open to them for bringing the rules of the scheme into conformity with those requirements.
the trustees and managers of the scheme; or
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,
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The Board may at any time, and shall if requested by the persons responsible under section 128 for taking steps to bring a scheme into conformity with the preservation requirements, the equal access requirements or the voluntary contributions requirements, advise whether the rules of a scheme to which those requirements apply do or do not in the Board’s opinion conform with any of those requirements.
Where the Board advise that the rules do not conform, they shall indicate what steps they consider should be taken with a view to securing conformity.
The Board may at any time, and shall if requested by the trustees or managers of a scheme, advise on any question whether—
any provision mentioned in subsection (4) does or does not override any provision of a scheme;
any benefit is a money purchase benefit, or an average salary benefit or a flat rate benefit (within the meaning of section 80).
The provisions referred to in subsection (3)(a) are any provision of Chapter II, III or IV of Part IV, section 106(1) or regulations under section 109 or 110.
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Subject to subsection (2), on an application made to them in respect of a scheme (other than a public service pension scheme) by persons competent to make such an application in respect of it, the Board shall issue a determination on any such question as is mentioned in section 129.
No application may be made under subsection (1) as respects the requirements of Chapter III of Part IV in respect of a money purchase contracted-out scheme.
The Board may at any time of their own motion issue in respect of a scheme which has come to their notice any determination which they could issue in the case of that scheme on application to them under subsection (1) as respects the preservation requirements, the equal access requirements or the voluntary contributions requirements.
At any time when the Board are concerned with a scheme for the purpose of issuing a determination under this section as respects the preservation requirements or the equal access requirements, they may include a determination (whether or not applied for) as to any of the particular matters specified in Chapter I of Part IV or, as the case may be, section 114(1).
If the Board think it expedient to do so, having regard— they may determine that that provision shall not apply to that scheme or shall apply to it with such modifications as may be specified in the determination.
to the structure and character of a scheme in relation to which they are issuing a determination under this section; and
to any anomalous or impractical consequences that may be expected to follow from its modification to achieve conformity with any particular provision of Chapter I of Part IV,
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The persons competent to make an application under section 130 in respect of a scheme are—
in any case—
the trustees or managers of the scheme;
any person other than the trustees or managers who has power to alter any of the rules of the scheme; and
any member of the scheme;
in any case where the scheme is an occupational pension scheme, any person who is an employer of persons in service in an employment to which the scheme applies;
in any case where the scheme is an occupational pension scheme and in the case of any application in respect of the voluntary contributions requirements, any prospective member of the scheme; and
in any case other than an application in respect of a personal pension scheme in relation to requirements under section 109, such other persons as regulations may specify, in relation to any category of schemes into which the scheme falls, as being proper persons to make an application for the purposes of this section in respect of a scheme of that category.
The reference in paragraph (d) of subsection (1) to other persons shall be construed in relation to any case as including persons other than those mentioned in paragraphs (a) to (c) by whom an application may be made in that case.
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On an application made to them in respect of an occupational pension scheme or a personal pension scheme by persons competent to make such an application, the Board may make an order—
authorising the modification of the scheme with a view to achieving—
any one or more of the purposes specified in subsection (2); or
any one or more of such other purposes as may be prescribed; or
modifying the scheme with a view to achieving any one or more of those purposes.
The purposes referred to in subsection (1)(a)(i) are—
to enable the scheme to provide for the transfer of accrued rights (including any transfer credits allowed under the scheme) to another scheme (whether an occupational or personal pension scheme) with a view to the acquisition, for those whose rights are transferred, of rights under the other scheme in connection with change of employment or otherwise, and for the allowance of transfer credits;
to enable the scheme to be one to which section 159 applies or to have included in or removed from it provisions designed to avoid the effect of the rules of law relating to perpetuities;
without prejudice to section 135(2), to comply with the voluntary contributions requirements;
to enable the trustees or managers of the scheme, or others concerned with or having rights under it, to enter into alternative arrangements having regard to any provision of this Act, or of any other enactment (enacted or made or to be enacted or made) amending or replacing any such provision or making provision for similar purposes; or
in the case of an occupational pension scheme only, to enable the scheme—
to be so treated that an employment to which it applies may be contracted-out employment by reference to it;
to qualify for the approval of the Inland Revenue for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 or to provide benefits enhanced up to the limits suitable in a scheme for which such approval is sought;
to provide for accrued rights to benefit (whether in payment or not), so far as payable out of the resources of the scheme, to be surrendered by beneficiaries (at their option and not otherwise, so long as the scheme remains in force and is not being, or to be, wound up) in exchange for other rights assured by means of one or more policies of insurance or annuity contracts, or by other means; or
without prejudice to section 135(2), to comply with the preservation requirements or the equal access requirements.
An order under subsection (1)(a)—
shall be framed so as to confer the power of modification on such persons as the Board think proper (who may include persons who were not parties to the application made to the Board); and
shall include such directions as the Board think appropriate, having regard to the purposes of the order, indicating the modifications which they consider to be called for.
the trustees or managers of the scheme;
any person other than the trustees or managers who has power to alter any of the rules of the scheme;
in the case of an occupational pension scheme only, any person who is an employer of persons in service in an employment to which the scheme applies; and
such other persons as regulations may specify, in relation to any category of schemes into which the scheme falls, as being proper persons to make such an application in respect of a scheme of that category.
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The Board shall not entertain an application for an order by them under section 132 unless they are satisfied that the purposes of the application—
cannot be achieved otherwise than by means of such an order; or
can only be achieved in accordance with a procedure which—
is liable to be unduly complex or protracted, or
involves the obtaining of consents which cannot be obtained, or can only be obtained with undue delay or difficulty.
Subject to subsection (1), the Board may on such an application make (with the consent of the applicants) any one or more such orders as are specified in section 132(1).
The extent of those powers is not limited, in relation to any purposes for which they are exercisable, to the minimum necessary to achieve those purposes.
The Board shall not make an order under section 132(1) unless they are satisfied that it is reasonable in all the circumstances to make it.
The Board shall not make any such order under that section as would, or might in their opinion, result in any existing or prospective entitlement of a member of the scheme, in respect of a period before the coming into operation of the order or of any modification which the order authorises, being diminished or curtailed without his consent, unless they are satisfied that it is in the interests of the generality of members that the order should be made.
In considering whether or not to make an order under that section, the Board shall have regard—
to the structure and character of the scheme and the benefits provided by it;
to the provisions of this Act and Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 ; and
to all the circumstances in general.
Regulations may provide that in prescribed circumstances subsections (4) and (5) shall not apply to occupational pension schemes or shall apply to them with prescribed modifications.
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If in the case of a scheme to which section 49 applies the Board are not satisfied as to the soundness and adequacy of any investments held for the purposes of the scheme (so far as relevant to the considerations of section 20(1)), they may by order— with a view to ensuring that the guaranteed minimum pensions under the scheme are adequately secured to its beneficiaries, both present and future.
modify the scheme’s rules, or
direct the scheme’s trustees or managers to take such steps as the order may specify,
If the Board determine under section 130 that a scheme does not conform with the preservation requirements, the equal access requirements or the voluntary contributions requirements they shall, either at the time of issuing their determination or as soon afterwards as they think expedient—
by order direct the trustees or managers of the scheme or any other persons who have power to alter any of its rules to exercise such powers as they possess for modifying the scheme with a view to bringing it into conformity with those requirements (including in their order such directions as they think appropriate to indicate the modification appearing to them to be called for); or
if there is no person with power to modify the scheme as required by the Board, by order authorise the trustees or managers, or other persons named in the order (and, in particular, in the case of an occupational pension scheme, any employer of persons in service in an employment to which the scheme applies) to make that modification; or
themselves by order modify the scheme with a view to bringing it into conformity with the requirements in question.
The Board may exercise their powers under subsection (2) in relation to any scheme in respect of which they have issued a determination under section 130, and may exercise the powers together or separately.
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An order under paragraph (a) of section 132(1) may enable those exercising any power conferred by the order to exercise it retrospectively (whether or not the power could otherwise be so exercised) and an order under paragraph (b) of that section may modify a scheme retrospectively.
An order under paragraph (a) of section 135(2) may require persons to exercise a power retrospectively (whether or not the power could otherwise be so exercised), and an order under paragraph (b) or (c) of that section may operate retrospectively.
In this section “retrospectively” means with effect from a date before that on which the power is exercised or, as the case may be, the order is made, but—
in the case of an order under section 132(1), that date shall be such date as may be proposed for the purposes of this subsection by the persons applying for the order; and
in the case of an order under section 135(2), that date shall not be a date earlier than the operative date for the requirements.
In subsection (3)(b) “the operative date for the requirements” means—
in the case of the preservation requirements, 5th September 1973;
in the case of the voluntary contributions requirements—
as respects a personal pension scheme in so far as it is comprised in an annuity contract, 1st July 1988, but otherwise 4th January 1988, and
as respects an occupational pension scheme, 6th April 1988; and
in the case of the equal access requirements, 6th April 1978.
Any modification of a scheme made in pursuance of an order of the Board under section 132(1) or 135(2)(b) or (c) shall be as effective in law as if it had been made under powers conferred by or under the scheme.
An order under section 132(1) or 135(2)(b) or (c) may be made and complied with in relation to a scheme—
notwithstanding any enactment or rule of law, or any rule of the scheme, which would otherwise operate to prevent the modification being made;
without regard to any such enactment, rule of law or rule of the scheme as would otherwise require, or might otherwise be taken to require, the implementation of any procedure or the obtaining of any consent, with a view to the making of the modification.
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Nothing in the previous provisions of this Part applies to public service pension schemes but, subject to the provisions of this section, the appropriate authority shall, in relation to such a scheme, have power to make such provision for the modification of the scheme as could be made by an order of the Board under subsection (1)(b) of section 132 with a view to achieving any of the purposes mentioned in subsection (2) of that section in the case of a scheme other than a public service pension scheme.
In this section “the appropriate authority”, in relation to a scheme, means such Minister of the Crown or government department as may be designated by the Treasury or the Department of Finance and Personnel as having responsibility for the particular scheme.
The powers of the appropriate authority under this section shall be exercisable by means of an order—
directly modifying the scheme (without regard, in the case of a scheme contained in or made under powers conferred by an enactment, to the terms of the enactment or any of its restrictions); or
modifying an enactment under which the scheme was made or by virtue of which it has effect.
Any such order shall contain such incidental, supplementary and transitional provisions as the appropriate authority considers to be required for the purposes of the order, including provisions adapting, amending or repealing any such enactment as is referred to in paragraph (a) or (b) of subsection (3).
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On an application made to them in respect of an occupational pension scheme or a personal pension scheme by persons competent to make such an application, the Board may make an order directing or authorising the scheme to be wound up on grounds specified in subsection (2).
Those grounds are that, having regard to any provision of this Act, or to any other enactment (enacted or made or to be enacted or made) amending or replacing any such provision or making provision for similar purposes, the scheme—
ought to be replaced (in whole or in part) by a different scheme, or
is no longer required.
An order of the Board under subsection (1) authorising a scheme to be wound up shall include such directions with respect to the manner and timing of the winding up as the Board think appropriate having regard to the purposes of the order.
Sections 133 and 134 and subsections (5) and (6) of section 136 shall apply with the necessary modifications in relation to an application or an order under subsection (1) as they apply in relation to an application or, as the case may be, an order under section 132(1), taking references in those subsections to modification as references to winding up.
If in the case of a scheme to which section 49 applies the Board are satisfied that the guaranteed minimum pensions under the scheme are not, and cannot be, adequately secured to its beneficiaries, they may by order—
require the scheme to be wound up in accordance with such directions in that behalf as may be contained in the order; or
direct the trustees or managers to take such steps for the winding up of the scheme as the order may specify.
On a winding up in pursuance of an order under subsection (5) the same powers shall be exercisable by the Board in relation to the scheme’s winding-up rules as are exercisable by them under section 49(4) and (5) in relation to other rules.
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Nothing in section 138 applies to public service pension schemes but, subject to the provisions of this section, the appropriate authority shall, in relation to such a scheme, have power to make such provision for the winding up of the scheme as could be made by an order of the Board under subsection (1) of that section in the case of a scheme other than a public service pension scheme.
The powers of the appropriate authority under this section shall be exercisable by means of an order directing that the scheme be wound up and including directions with respect to the manner and timing of the winding up.
Subsections (2) and (4) of section 137 apply to an order under this section as they apply to an order under subsection (1) of that section.
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If, in the case of an occupational pension scheme which is not a money purchase scheme, the value at the applicable time of the scheme’s liabilities exceeds the value of its assets, then an amount equal to the excess shall be treated as a debt due from the employer to the trustees of the scheme.
If— then, for the purposes of the law relating to winding up, bankruptcy as it applies in relation to the employer, that debt shall be taken to arise immediately before that time.
a relevant insolvency event occurs in relation to the employer; and
the debt mentioned in subsection (1) has not been discharged at the time that event occurs,
In this section—
For the purposes of this section a relevant insolvency event occurs in relation to the employer—
where the employer is a company, when it goes into liquidation, within the meaning of Article 6(2) of the Insolvency (Northern Ireland) Order 1989; or
where the employer is an individual, at the commencement of his bankruptcy, within the meaning of Article 252 of that Order.
The value of a scheme’s assets and liabilities for the purposes of subsection (1) shall be determined in accordance with regulations and such regulations may provide that, in calculating the value of the scheme’s liabilities, any provision of the scheme which limits the amount of its liabilities by reference to the amount of its assets is to be disregarded.
This section is without prejudice to any other right or remedy which the trustees may have in respect of the deficiency in the scheme’s assets.
A debt due by virtue only of this section shall not be regarded as a preferential debt for the purposes of the Insolvency (Northern Ireland) Order 1989.
The provisions of this section and of any regulations made under section 149(5) modifying this section override any provision of a scheme to the extent that it conflicts with this section or those regulations.
In this Part “the Pensions Ombudsman” means the person appointed under section 145 of the Pension Schemes Act 1993.
The Department may make available such staff and other facilities as it thinks fit for the Pensions Ombudsman and any function of the Pensions Ombudsman, other than the determination of complaints made and disputes referred under this Part, may be performed by any member of that staff who is authorised for that purpose by the Pensions Ombudsman.
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.
The Department may reimburse the Pensions Ombudsman in respect of any expenses incurred by him in the performance of his functions.
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.
Any function of the Pensions Ombudsman, other than the determination of complaints made and disputes referred under this Part, may be performed by any— who is authorised for that purpose by the Pensions Ombudsman.
employee appointed by the Pensions Ombudsman under subsection (2A) or any corresponding provision in force in Great Britain, or
member of staff made available to him under subsection (2B) or any corresponding provision in force in Great Britain,
The Pensions Ombudsman may investigate and determine the following matters—
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,
a complaint made to him— and in any case falling within sub-paragraph (ii) references in this Part to the scheme to which the complaint relates are references to the other scheme referred to in that sub-paragraph
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
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,
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— alleges maladministration of the scheme,
of trustees of the scheme who are not independent trustees, or
of former trustees of the scheme who were not independent trustees,
any dispute of fact or law . . . in relation to an occupational or personal pension scheme between— . . . and
a person responsible for the management of the scheme, and
an actual or potential beneficiary,
any dispute of fact or law . . . between the trustees or managers of an occupational pension scheme and—
another person responsible for the management of the scheme, or
any trustee or manager of another such scheme,
Complaints and references made to the Pensions Ombudsman must be made to him in writing.
the trustees or managers of the scheme, and
an authorised complainant,
For the purposes of this Part, the following persons (subject to subsection (4)) are responsible for the management of an occupational pension scheme or a personal pension scheme— 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.
the trustees or managers, and
the employer;
Schedule 10 to the Social Security (Northern Ireland) Act 1975;
the Judicial Pensions Act 1981; or
the Judicial Pensions and Retirement Act 1993;
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— as if for the purposes of this Part he were a person responsible for the management of the scheme.
is not a trustee or manager or employer, but
is concerned with the financing or administration of, or the provision of benefits under, the scheme,
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).
The Pensions Ombudsman shall not investigate or determine a complaint or dispute—
if, before the making of the complaint or the reference of the dispute—
proceedings in respect of the matters which would be the subject of the investigation have been begun in any court or industrial tribunal, and
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;
if the scheme is of a description which is excluded from the jurisdiction of the Pensions Ombudsman by regulations under this subsection; or
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.
The persons who, for the purposes of this Part are ' actual or potential beneficiaries'in relation to a scheme are—
a member of the scheme;
the widow, widower or surviving civil partner, or any surviving dependant, of a deceased member of the scheme;
where the complaint or dispute relates to the question— the person so claiming.
whether a person who claims to be such a person as is mentioned in paragraph (a), (b) , (ba) or (bb) is such a person, or
whether a person who claims to be entitled to become a member of the scheme is so entitled,
a person who is entitled to a pension credit as against the trustees or managers of the scheme;
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);
In this Part— and in this subsection “pensionable service” includes pensionable service as defined in section 181(1) of the Pension Schemes Act 1993.
a trustee of the scheme appointed under Article 23(1) of the Pensions (Northern Ireland) Order 1995 (appointment of independent trustee by the Regulatory Authority)
a person appointed under Article 7(1) of that Order to replace a trustee falling within paragraph (a) or this paragraph;
Where an actual or potential beneficiary dies or is a minor or is otherwise unable to act for himself, then, unless subsection (3) applies— and any reference in this Part, except this section, to an actual or potential beneficiary shall be construed as including a reference to the appropriate person.
any complaint or dispute (whenever arising) which the actual or potential beneficiary might otherwise have made or referred under this Part may be made or referred by the appropriate person, and
anything in the process of being done by or in relation to the actual or potential beneficiary under this Part may be continued by or in relation to the appropriate person,
For the purposes of subsection (1) “the appropriate person” means—
where the actual or potential beneficiary has died, his personal representatives; or
in any other case, a member of his family, or some body or individual suitable to represent him.
Where a person is acting as an insolvency practitioner in relation to a 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 Insolvency (Northern Ireland) Order 1989 as legal proceedings.
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).
This section applies where—
a complaint has been made or a dispute referred to the Pensions Ombudsman; and
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.
Where this section applies, any party to the legal proceedings may— apply to the court to stay the proceedings.
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;
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,
On an application under subsection (2) the court may make an order staying the proceedings if it is satisfied—
that there is no sufficient reason why the matter should not be investigated by the Pensions Ombudsman; and
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.
For the purposes of this section the parties to an investigation are—
the person by whom, or on whose behalf, the complaint or reference has been made;
any person responsible for the management of the scheme to which the complaint or reference relates;
any person against whom allegations are made in the complaint or reference; and
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any person claiming under a person falling within paragraphs (a) to (c).
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the trustees and managers of the scheme concerned, and
any other person against whom allegations are made in the complaint or reference,
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.
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The rules may include provision—
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; . . .
as to the persons entitled to appear and be heard on behalf of parties to an investigation, as defined in section 144(4)
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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—
actual or potential beneficiaries of a scheme to which a complaint or reference relates, or
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 disputeand
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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.
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.
This subsection applies to the following—
the Regulatory Authority,
the Board of the Pension Protection Fund,
the Ombudsman for the Board of the Pension Protection Fund,
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any Northern Ireland department or department of the Government of the United Kingdom,
the Financial Conduct Authority,
the Prudential Regulation Authority,
the Bank of England (acting otherwise than in its capacity as the Prudential Regulation Authority),
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a person appointed under— to conduct an investigation;
Part 14 of the Companies Act 1985,
section 167 of the Financial Services and Markets Act 2000,
subsection (3) or (5) of section 168 of that Act, or
section 284 of that Act,
a body designated under section 326(1) of the Financial Services and Markets Act 2000; and
a recognised investment exchange , recognised clearing house... , third country central counterparty, recognised CSD ... or third country CSD (as defined by section 285 of that Act).
a person who, in a member State ..., has functions corresponding to functions of the Pensions Ombudsman.
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),
an ombudsman as defined in paragraph 1 of that Schedule (interpretation).
The Department may by order—
amend subsection (6) by adding any person or removing any person for the time being specified in that subsection, or
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.
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For the purposes of an investigation under this Part or under any corresponding legislation having effect in Great Britain, the Pensions Ombudsman may require— to furnish any such information or produce any such documents.
any person responsible for the management of the scheme to which the complaint or reference relates, or
any other person who, in his opinion, is able to furnish information or produce documents relevant to the investigation,
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.
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.
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.
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.
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.
The Pensions Ombudsman may refer any question of law arising for determination in connection with a complaint or dispute to the Court of Appeal.
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— and any such statement shall contain the reasons for his determination.
to the person by whom, or on whose behalf, the complaint or reference was made; and
to any person (if different) responsible for the management of the scheme to which the complaint or reference relates;. . .
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Where the Pensions Ombudsman makes a determination under this Part or under any corresponding legislation having effect in Great Britain, he may direct any 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.
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—
the person by whom, or on whose behalf, the complaint or reference was made;
any person (if different) responsible for the management of the scheme to which the complaint or reference relates;
any person claiming under a person falling within ....
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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).
Any determination or direction of the Pensions Ombudsman shall be enforceable as if it were a judgment or order of the county court.
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.
For the purposes of the law of defamation, the publication of any matter by the Pensions Ombudsman— shall be absolutely privileged.
in submitting or publishing a report under section 145(6) of the Pension Schemes Act 1993 or subsection (6) of this section
in sending to any person a statement under subsection (1) or a direction under subsection (2),
in disclosing any information under section 145(5),, or
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.
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.
The Department may by regulations direct that Chapters 2 and 3 of Part 4 and Chapter 1 of Part 4ZA . . . shall have effect, in such cases as it may specify in the regulations, subject to such modifications as it may specify.
Regulations may modify Chapter I of Part IV— 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.
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;
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;
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;
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to any occupational pension scheme which applies to earners in employments under different employers;
to any occupational pension scheme of which there are no members who are in pensionable service under the scheme;
to any case where a partnership is the employer, or one of the employers, in relation to an occupational pension scheme; or
in the case of regulations modifying section 140, to any case where the assets and liabilities of the scheme are transferred to another occupational pension scheme.
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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.
Regulations may provide that any provision of this Act or 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.
This subsection applies to . . .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.
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) and section 113.
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.
the trustees or managers of an occupational pension scheme which is not a money purchase contracted-out scheme; and
The Department or the Inland Revenue may give to the trustees or managers of an occupational pension scheme or 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.
such other persons as may be prescribed,
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.
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—
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
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.
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.
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.
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.
This section shall be construed as if it were in Chapter II of Part VII.
No obligation as to secrecy imposed by statute or otherwise on Revenue and Customs officials shall prevent information obtained or held in connection with the assessment or collection of income tax from being disclosed—
to the Department,
to the Secretary of State, or
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.
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No obligation as to secrecy imposed by statute or otherwise on Revenue and Customs officials shall prevent information obtained or held for the purposes of Part III of this Act from being disclosed— in connection with the operation of this Act or of any corresponding Great Britain legislation.
to the Department,
to the Secretary of State,
to an officer of either of them authorised to receive such information,
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is required by him solely to enable him to perform that duty adequately; and
is information which the Board have power under any enactment to require any person to provide.
In relation to persons who are carrying on or have carried on wholly or partly in the United Kingdom a trade, profession or vocation income from which is chargeable to tax under 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.
Subsections (1) and (1A)extend only to disclosure by or under the authority of the Commissioners for Her Majesty’s Revenue and Customs .
..., Information which is the subject of disclosure to any person by virtue of subsection (1) or (1A), . . . shall not be further disclosed to any other person, except where the further disclosure is made—
to a person to whom disclosure could by virtue of this section have been made by or under the authority of the Commissioners for Her Majesty’s Revenue and Customs ; or
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
for the purposes of Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 or any corresponding provisions of legislation in Great Britain; or
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is made to the trustees or managers of an occupational pension scheme,
relates to a member of the scheme, and
is made with his consent.
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.. . .
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persons employed in the Department,
persons employed in relation to the Inland Revenue, or
the staff of the Board,
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In this section “Revenue and Customs officials” has the meaning given by section 18 of the Commissioners for Revenue and Customs Act 2005 (confidentiality).
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 any 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 . . . . . . The Bank of England. Any of its functions , apart from its functions as the Prudential Regulation Authority. The Financial Conduct Authority or the Prudential Regulation Authority Functions 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 , 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. The 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. A 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 , recognised clearing house..., third country central counterparty, recognised CSD ... or third country CSD (as defined by section 285 of that Act). Functions in its capacity as an exchange , clearing house, central securities depository or central counterparty. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .
In subsection (1) “regulated information” means information received by the Department in connection with its functions under— 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.).
this Act;
the Pensions (Northern Ireland) Order 1995, or
the Pensions (Northern Ireland) Order 2005 or the Pensions Act 2004,
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.
The Department may by order—
amend the Table in subsection (1) by—
adding any person exercising regulatory functions and specifying functions in relation to that person,
removing any person for the time being specified in the Table, or
altering the functions for the time being specified in the Table in relation to any person, or
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.
Where—
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).
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.
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is entitled or prospectively entitled as is mentioned in subsection (1), or
is entitled to such rights or to such a payment as is mentioned in subsection (4),
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.
Subsection (4A) does not prevent the making of an attachment of earnings order under the Judgments Enforcement (Northern Ireland) Order 1981.
Subject to such exceptions as may be prescribed—
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— shall be void; and
of a personal or occupational pension scheme,
of a particular personal occupational pension scheme, or
of one or other of a number of particular personal or occupational pension schemes,
any such term or rule to the effect that contributions shall be paid by or in respect of an employed earner— shall be unenforceable for so long as he is not a member of the scheme or any of the schemes.
to a particular personal or occupational pension scheme of which the earner is not a member, or
to one or other of a number of personal or occupational pension schemes of none of which he is a member,
Subsection (1) shall not be construed so as to have the effect that an employer is required, when he would not otherwise be—
to make contributions to a personal or occupational pension scheme; or
to increase an employed earner’s pay in lieu of making contributions to a personal or occupational pension scheme.
A person’s rights under a personal pension scheme cannot be forfeited by reference to his bankruptcy.
For the purposes of this section—
a person shall be treated as having a right under a personal pension scheme where—
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. or on dissolution etc. of a civil partnership ),
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
the person so responsible has not discharged his liability in respect of the credit; and
forfeiture shall be taken to include any manner of deprivation or suspension.
Any provision in an agreement (whether a worker's contract or not) shall be void in so far as it purports—
to exclude or limit the operation of any provision of Chapter II of Part VII; or
to preclude any person from presenting a complaint to, or bringing any proceedings before, an industrial tribunal under that Chapter.
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.
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.
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).
In this section—
“the relevant legislation” means the Friendly Societies Act 1974,
“registered society” has the same meaning as in that Act, and
“group insurance business” has the same meaning as in section 65A(2) of that Act.
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.
This section applies to—
a public service pension scheme;
an occupational pension scheme which is a contracted-out scheme in relation to any employment;
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an occupational or personal pension scheme which satisfies prescribed requirements.
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 Perpetuities Act (Northern Ireland) 1966 (“wait and see”)) already require to be treated as void before this section applies to the scheme.
Regulations under subsection (2)(d) may require a scheme—
to contain provisions in any prescribed form, or to any prescribed effect; or
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.
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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 Department considers to be reasonable in the case of a particular scheme.
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.
Subsection (7) is without prejudice to any rights which vested while this section applied.
Regulations may provide for a scheme, whose fund was registered under the Superannuation 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.
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—
Chapter I of Part IV and the other provisions of this Act, so far as they relate to the preservation requirements;
the remaining provisions of this Act, except for—
sections . . . 149(2), 154(1) to (5), 158, 159 . . . and 171;
Chapter II of Part VII and sections 153 and 157;
section 162 and the provisions mentioned in subsection (2).
A person who is employed by or under the Crown shall be treated as an employed earner for the purposes of—
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sections 39 and 41;
section 44, so far as it relates to minimum contributions;
sections 113, 150 and 151, and
sections 156 and 162.
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.
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.
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.
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.
“regulations” means regulations made by the Department or, as the case may be, the Secretary of State and “prescribed” shall be construed accordingly.
Regulations may modify the provisions mentioned in subsection (2) in such manner as the Department or, 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—
employed on board any ship, vessel, hovercraft or aircraft;
outside Northern Ireland at any prescribed time or in any prescribed circumstances; or
in prescribed employment in connection with continental shelf operations.
The provisions referred to in subsection (1) are—
Part III, section 107 (and Part VIII and section 149 so far as they have effect for the purposes of section 107), sections 113, 150 and 151 ... and sections 156 and 162; and
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.
Subject to subsection (4), regulations under subsection (1) may in particular provide—
for any of those provisions to apply to any such person, notwithstanding that it would not otherwise apply;
for any such provision not to apply to any such person, notwithstanding that it would otherwise apply;
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;
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.
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).
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.
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 United 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.
to employment where under his contract of employment the employee ordinarily works outside the territory of the member States, or
to employment as master or as a member of the crew of a fishing vessel where the employee is remunerated only by a share in the profits or gross earnings of the vessel;
In this section—
For the purpose of giving effect— 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.
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
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,
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.
The modifications of this Act which may be made by virtue of subsection (1) include provision—
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);
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
for making any necessary financial adjustments.
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.
References in this section to this Act do not include references to Chapter I of Part IV, Chapter II of Part VII, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections . . . 149(2), 153, 154(1) to (5), 157, 158, 159 . . . and 171.
The Social 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”).
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) . . . section 156 (payment of travelling expenses by the Department).
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Section 120 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (treatment of certain marriages) shall apply to the relevant provisions.
for any one offence, level 3 on the standard scale; or
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.
for an offence of continuing any such contravention or failure after conviction, £40 for each day on which it is so continued.
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.
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.
The regulations may provide for a person who has contravened the provision to 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.
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.
Where— 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.
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
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),
The persons referred to in subsection (6)(b) are—
any director, manager, secretary, or other similar officer of the body corporate, or a person purporting to act in any such capacity, and
where the affairs of the body corporate are managed by its members, any member in connection with his functions of management.
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.
A penalty under subsection (4) is recoverable by the Authority and any such penalty recovered by the Authority must be paid to the Department.
Where by reason of the contravention of any provision contained in regulations made, or having effect as if made, under this Act— 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.
a person is convicted of an offence under this Act, or
a person pays a penalty under subsection (4),
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.
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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.
any question as to the amount of a person’s guaranteed minimum for the purposes of section 9 or 13;
any question—
whether a state scheme premium is payable or has been paid in any case or as to the amount of any such premium; or
otherwise arising in connection with any state scheme premium;
any question whether for the purposes of this Act a cash sum paid or an alternative arrangement made under the Policyholders Protection Act 1975 provides the whole or any part of the guaranteed minimum pension to which an earner or an earner’s widow or widower was entitled under a contracted-out scheme; and
any question arising in connection with minimum contributions or payments under Article 9 of the Social Security (Northern Ireland) Order 1986,
It shall be for an officer of the Inland Revenue—
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;
to decide any issue arising in connection with payments under Article 9 of the Social Security (Northern Ireland) Order 1986 (occupational pension schemes becoming contracted-out between 1986 and 1993); and
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 ....
to decide any issue arising by virtue of regulations made under paragraph 15 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (continuing in force of certain enactments repealed by the Social Security Act 1973 ).
Articles 10 and 11 of the 1998 Order (revision of decisions and decisions superseding earlier decisions) apply as if—
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
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.
Regulations may make provision— but may not prevent a revision under Article 10 or decision under Article 11 being made without such an application.
generally with respect to the making of relevant decisions;
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
generally with respect to such applications, revisions under Article 10 and decisions under Article 11;
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.
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.
Where in any proceedings— any 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.
for an offence under this Act; ...
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If— 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.
any such decision is necessary for the determination of the proceedings, and
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,
Subsection (1) does not apply where, in relation to the decision—
an appeal has been brought but not determined,
an application for leave to appeal has been made but not determined,
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
an application has been made under Article 8 or 9 of that Order.
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.
Subject to the provisions of this section and section 168, where the Board have— their determination shall be final.
determined to issue, cancel or vary a contracting-out certificate or an appropriate scheme certificate; or
determined to make, or not to make, any order which they have power to make under section 132, 135 or 138; or
determined any other question which it is within their functions to determine,
The Board may on the application of a person appearing to them to be interested—
at any time review any such determination of theirs as is mentioned in subsection (1), or a determination given by them on a previous review, if they are satisfied that there has been a relevant change of circumstances since the determination was made, or that the determination was made in ignorance of a material fact or based on a mistake as to a material fact or was erroneous in point of law;
at any time within a period of six months from the date of the determination, or within such longer period as they may allow in any particular case, review such a determination on any ground.
The Board’s powers on a review under this section shall include power—
to vary or revoke any determination or order previously made;
to substitute a different determination or order; and
generally to deal with the matters arising on the review as if they had arisen on the original determination.
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.
Any report under this section—
may be included in any annual report by the Inland Revenue of which a copy is laid before each House of Parliament, or
may be annexed to any report of the Secretary of State under section 81 of the Social Security Act 1998 .
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.
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Any question of law arising in connection with— may, if the Board think fit, be referred for decision to the Court of Appeal.
any matter arising under this Act for determination by the Board;
any other matter which under section 165(3) falls to be determined by them;
any matter arising on an application to the Board for a review of a determination by them, or on a review by them entered upon without an application,
If the Board determine in accordance with subsection (1) to refer any question of law to the Court, they shall give notice in writing of their intention to do so—
in a case where the question arises on an application made to the Board, to the applicant; and
in any case to such persons as appear to them to be concerned with the question.
Any person who is aggrieved— where the determination involves a question of law and that question is not referred by the Board to the Court of Appeal under subsection (1), may on that question appeal from the determination to the Court.
by a determination of the Board given on a review under section 167, or
by the refusal of the Board to review a determination,
The Board shall be entitled to appear and be heard on any reference or appeal under this section.
Notwithstanding anything in any enactment, the decision of the court on a reference or appeal under this section shall be final.
On any such reference or appeal the court may order the Board to pay the costs of any other person, whether or not the decision is in that other person’s favour and whether or not the Board appear on the reference or appeal.
The Regulatory 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.
The Department may pay the Regulatory Authority such sums as the Department may think fit towards any expenditure of theirs in making grants under this section.
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.
For the purpose of meeting expenditure— regulations may make provision for imposing levies in respect of prescribed occupational or prescribed personal pension schemes.
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under Part X and section 169, ...
of the Regulatory Authority (including the establishment of the Authority under the Pensions Act 2004), ...
of the Lord Chancellor in meeting the costs of the legal assistance scheme established by virtue of section 106 of the Pensions Act 2004 (legal assistance in connection with proceedings before a tribunal in relation to a decision of the Regulatory Authority ), or
under section 11 of the Financial Guidance and Claims Act 2018 (financial assistance from Secretary of State) relating to the Money and Pensions Service’s pensions guidance function (see section 3 of that Act),
Any levy imposed under subsection (1) is payable to the Department by or on behalf of— at prescribed rates and at prescribed times.
the administrators of any prescribed public service pension scheme,
the trustees or managers of any other prescribed occupational or prescribed personal pension scheme, or
any other prescribed person,
Regulations made by virtue of subsection (1)—
in determining the amount of any levy in respect of the Regulatory Authority, must take account (among other things) of ...
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
any fees paid to the Regulatory Authority under paragraph 25 of Schedule 1 to the Pensions Act 2004 (fees for applications), and
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).
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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.
Without prejudice to the generality of subsection (1), regulations under this section may include provision relating to—
the collection and recovery of amounts payable by way of levy under this section, or
the circumstances in which any such amount may be waived.
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 by the Department, the Department may require the payment of fees for the provision of those services.
There shall be paid out of the National Insurance Fund—
minimum contributions paid by the Inland Revenue under section 39;
payments by the Inland Revenue under section (section 37(1D) or section 38A(2C) or (3);
payments by the Department under section 120.
Subject to subsection (3), there shall be paid out of the National Insurance Fund into the Consolidated Fund—
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;
such sums as the Department may estimate to be the amount of the administrative expenses of the Department or any government department in carrying into effect the remaining provisions of this Act, other than—
Chapter I of Part IV and Part VIII so far as it applies for the purposes of that Chapter, sections . . . 149(2), 154(1) to (5), 158, 159 . . . and 171;
sections 27, 29, 113, 150 and 151;
sections 156 and 162.
The sums payable under subsection (2)(b)—
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
shall be payable at such times and in such manner as the Department of Finance and Personnel may direct.
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).
There shall be paid out of the National Insurance Fund into the Consolidated Fund of the United Kingdom—
such sums as the Inland Revenue may estimate to be the amount of their administrative expenses in exercising their functions under Part III; and
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.
So far as any such sum relates to a payment out of the National Insurance Fund, it shall be paid into that Fund.
There shall be paid into the Consolidated Fund of the United Kingdom—
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
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There shall also be paid into the National Insurance Fund—
sums recovered under section section 37(1E), 38A(2D) or (5) or 39(5) or (6);
. . .
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
any sums received by the Inland Revenue by way of such payments as are mentioned in paragraph 5(4) of Schedule 1.
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.
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—
under Chapter 1 or 2 of Part 4ZA or under the rules of a scheme applying to him in the earlier period of service—
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;
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; or
a cash equivalent (within the meaning of Chapter 1 of Part 4ZA) or cash transfer sum (within the meaning of Chapter 2 of that Part) was paid in respect of him to the trustees or managers of another scheme applying to him in the later period of service; and
in consequence of the transfer of his accrued rights to the second scheme, or 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.
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.
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.
For the purposes of Chapter I of Part IV, as respects any case where the rules of the scheme provide— 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.
that an earner is not entitled to become a member unless he satisfies specified conditions, but
that, if he becomes a member, rights are to accrue to him in respect of periods of service before he satisfied any such conditions,
In this Act “normal pension age”, in relation to a scheme and a member’s pensionable service under it, means—
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
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.
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.
In this Act— ... ... “age”, in relation to any person, shall be construed so that— he is over or under a particular age if he has or, as the case may be, has not attained that age; he is between two particular ages if he has attained the first but not the second; “appropriate scheme” and “appropriate scheme certificate” are to be construed in accordance with section 3B; “the Assembly” means the Northern Ireland Assembly; ... “Category A retirement pension” and “Category B retirement pension” mean the retirement pensions of those descriptions payable under Part II of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; “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). “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; ... “contracting-out certificate” and references to a contracted-out scheme and to contracting-out shall be construed in accordance with section 3B; “contributions equivalent premium” means a premium that was paid under section 51(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 section 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; ... ... “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 earnings; “employer” means— in the case of an employed earner employed under a contract of service, his employer; in the case of an employed earner employed in an office with emoluments— such person as may be prescribed in relation to that office; or if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of the office; “employment” includes any trade, business, profession, office or vocation and “employed” shall be construed accordingly except in the expression “employed earner”; “Financial Services Compensation Scheme” means the Financial Services Compensation Scheme referred to in section 213(2) of the Financial Services and Markets Act 2000; “the first abolition date” has the meaning given by section 3A; ... ... “government department” includes a department of the government of the United Kingdom; “guaranteed minimum pension” has the meaning given in section 4(2); “HMRC” means the Commissioners for Her Majesty's Revenue and Customs; “independent trade union” has the meaning given in Article 2(2) of the Industrial Relations (Northern Ireland) Order 1992; “industrial tribunal” means a tribunal established or having effect as if established under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996; “the Inland Revenue” means the Commissioners of Inland Revenue; ... ... “linked qualifying service” has the meaning given in section 174; “long-term benefit” has the meaning given in section 20(2) of the Social 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 widow, widower or surviving civil partner of a member of such a scheme, means— benefits the rate or amount of which is calculated by reference to a payment or payments made by the member or by any other person in respect of the member and which fall within section 176B , and collective money purchase benefits; “money purchase contracted-out scheme” is to be construed in accordance with section 3B; “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; “overseas arrangement” means a scheme or arrangement which— 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; is administered wholly or primarily outside Northern Ireland; is not an appropriate scheme; and is not an occupational pension scheme; “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; “pension debit” means a debit under Article 26(1)(a) of the Welfare Reform and Pensions (Northern Ireland) Order 1999; “pensionable age”— 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 in any other case, has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995; “pensionable service” has the meaning given in section 66(2); ... ... “personal pension scheme” has the meaning given in section 1; “prescribe” means prescribe by regulations; ... “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 Social Security Contributions and Benefits (Northern Ireland) Act 1992; “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 , as it had effect immediately prior to the abolition date; “public service pension scheme” has the meaning given in section 1; ... ... “regulations” means regulations made by the Department under this Act; “ the Regulatory Authority” means 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 ... 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; ... ... “salary related contracted-out scheme” is to be construed in accordance with section 3B; “the second abolition date” has the meaning given by section 3A; “short service benefit” has the meaning given in section 67(2); ... ... “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 — 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 a cash transfer sum paid under Chapter 2 of Part 4ZA in respect of him, to the trustees or managers of the scheme; “the upper accrual point” has the meaning given by section 121 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; ... ... “week” means a period of seven days beginning with Sunday; “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 — 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 if earlier, the tax year before the one in which the person dies.
References to employers in the provisions of this Act (other than sections 119 to 123, 153 and 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.
Subject to any such regulations, references to an employer in any of the provisions of this Act (other than the excluded provisions or ... Chapter I of Part IV, 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) shall, in relation to an earner employed in an office with emoluments, be construed as references to—
such person as may be prescribed in relation to that office; or
if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of that office.
Regulations may for any purpose of any provision of this Act (other than the excluded provisions or section ... ... ... ... 39, ... 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.
In sections 161 and 162—
references to the United Kingdom include references to the territorial waters of the United Kingdom; and
references to Northern Ireland include references to the territorial waters of the United Kingdom adjacent to Northern Ireland.
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.
The Interpretation Act (Northern Ireland) 1954 shall apply to this Act—
as it applies to a Measure of the Assembly;
as if any reference in that Act to an enactment or an Act included a reference to this Act.
For the purposes of Part III of the Northern Ireland Constitution Act 1973 (validity of Measures of the Assembly, including Orders in Council under the Northern 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.
In this Act “insurer” means—
a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance, ...
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In this Act “long term insurance business” means business which consists of the effecting or carrying out of contracts of long-term insurance.
This section must be read with—
section 22 of the Financial Services and Markets Act 2000;
any relevant order under that section; and
Schedule 2 to that Act.
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This section applies for the purposes of paragraph (a) of the definition of “money purchase benefits” in section 176(1).
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.
A benefit which is a pension in payment falls within this section if—
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
at all times before coming into payment the pension was a benefit falling within this section by virtue of subsection (2).
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.
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).
Subject to subsection (7) Any power under this Act to make regulations or orders (except a power of . . . the court to make orders . . .) and the powers to make rules under sections 145(2) and 148(1) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
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.
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.
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.
Subsection (4) has effect—
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 . . . 149(2), 154(1) to (5), 158, 159 . . . and 171, with the omission of the words “consequential or transitional”; and
in its application to orders made under section 149(8), with the omission of the word “consequential”.
Any power conferred on the Department by this Act to make any regulations or order (except regulations 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.
Any 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.
Any power conferred on the Secretary of State . . . to make regulations or orders shall if the Treasury so direct be exercisable only in conjunction with them.
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 . . . and 171) includes power to provide for a person to exercise a discretion in dealing with any matter.
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for those matters to be dealt with by the Board in their discretion or to be determined in accordance with the exercise by the Board of a discretion vested in them by the regulations, and
for the Board’s discretion to be exercised either generally in regard to those matters or differently in regard to particular cases or classes of case.
Regulations under sections ... 59(2) and 93(1) , 97AF(1) and 97I may provide that the values there mentioned shall be calculated and verified . . .— . . .
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The Department may refer to the Social Security Advisory Committee (“the Committee”) for consideration and advice such questions relating to the operation of section 32(6) as the Department thinks fit (including questions as to the advisability of amending it).
Subject to subsection (3) and to section 150 of the Social Security Administration (Northern Ireland) Act 1992 (cases where consultation not required), where the Department proposes to make regulations under section 32(6) it shall refer the proposals, in the form of draft regulations or otherwise, to the Committee.
Subsection (2) does not apply to the regulations specified in paragraph 9 or 10 of Schedule 5 to the Social Security Administration (Northern Ireland) Act 1992.
The Committee shall consider any proposals referred to it by the Department under subsection (2) and shall make to the Department a report containing such recommendations with respect to the subject-matter of the proposals as the Committee thinks appropriate.
If, after receiving a report of the Committee, the Department lays before the Assembly any regulations which comprise the whole or part of any subject-matter of the proposals referred to the Committee, the Department shall lay with the regulations a copy of the Committee’s report and a statement showing—
the extent (if any) to which the Department has in framing the regulations given effect to the Committee’s recommendations; and
in so far as effect has not been given to them, the Department’s reasons why not.
In relation to regulations required to be made by the Department in conjunction with the Department of Finance and Personnel, any reference in this section to the Department shall be construed as a reference to the Department and the Department of Finance and Personnel.
The power of the Department to make regulations under section 158 shall be exercisable only after consultation with the appropriate regulator or, if the matter concerns section 464 of the Income and Corporation Taxes Act 1988, the Commissioners of the Inland Revenue
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“The appropriate regulator” means—
where the group insurance business to which the regulations relate consists only of activities which are PRA-regulated activities, the Prudential Regulation Authority,
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
in any other case, the Financial Conduct Authority.
In subsection (1A) “regulated activities” and “PRA-regulated activities” have the same meaning as in the Financial Services and Markets Act 2000.
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.
Subsection (1) applies to regulations made by the Department under section 20B(5), 95(2)(c), 95A(2)(b), 60(1) or 164(2) and to orders made by it under section 149(8) and to regulations made by the Department of Finance and Personnel under section 93A(10) .
Subsection (1) does not apply to—
regulations under any provision mentioned in subsection (2) which are to be made for the purpose of consolidating regulations thereby revoked;
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.
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) and regulations made by the Department of Finance and Personnel under section 91 or 93B shall be subject to negative resolution.
This subsection applies to any regulations or order made under this Act which—
but for subsection (6), would be subject to negative resolution, and
are or is contained in a statutory rule which includes any regulations or order subject to the confirmatory procedure.
Any regulations or order to which subsection (5) applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.
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.
This subsection applies to any regulations made under this Act which—
but for subsection (9), would be subject to annulment in pursuance of a resolution of either House of Parliament, and
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.
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).
In this section “the confirmatory procedure” means the procedure described in subsection (1).
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.
The enactments specified in Parts I and II of Schedule 4 are repealed to the extent specified in the third column.
The subordinate legislation specified in Part III of that Schedule is revoked to the extent specified in the third column.
The repeals and revocations have effect subject to any relevant savings in Schedule 5.
Schedule 5 (which makes transitional provision and contains savings in connection with the repeals and revocations made by this Act) shall have effect.
Nothing in that Schedule affects the operation of section 28 of the Interpretation Act (Northern Ireland) 1954 (general savings implied on repeal).
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.
Schedule 8 (which makes transitory modifications of this Act pending the commencement of the provisions there mentioned) shall have effect.
This Act may be cited as the Pension Schemes (Northern Ireland) Act 1993.
Subject to the provisions of Schedule 8, this Act shall come into operation on such day as the Department may by order appoint.
As respects the coming into operation of— 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.
Part II of Schedule 4 and section 182(1) so far as it relates to it; or
Schedule 6 and section 184 so far as it relates to it,
Subject to subsection (5), this Act extends to Northern Ireland only.
The amendments in Schedule 7 of provisions of the Income and Corporation Taxes Act 1988 and the Finance Act 1989 have the same extent as the provisions amended.