The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010
S.R. 2010/122 · Made 19 March 2010 · Extends to Northern Ireland
Pensions
Approved by resolution of the Assembly on 21st June 2010Made 19th March 2010
Coming into operation 1st October 2012
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 107A(15)(b) and 177(2) to (4) of the Pension Schemes (Northern Ireland) Act 1993f1 and Articles 49(8) and 166(1) to (3) of the Pensions (Northern Ireland) Order 1995f2, and now vested in itf3, and sections 2(3), 3(2), (5) and (6), 4(1) and (3), 5(2), (4) and (6) to (8), 6(1)(b) and (2), 7(4) to (6), 8(2)(b) and (3) to (6), 9(3), 10, 15, 16(2) and (3)(c), 18(c), 22(4) to (7), 23(1)(b) and (3), 24(1), 25, 27, 30(6)(c), 33(2), 37(3) and 113(2) of the Pensions (No. 2) Act (Northern Ireland) 2008f4.C1
Annotations to the whole text
Modifications
- C1
Regulations modified (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), regs. 1(1), 4
Footnotes
- f1
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1993 c. 49; section 107A was inserted by Article 10 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
- f2
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S.I. 1995/3213 (N.I. 22); Article 49(8) was substituted by Article 11(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999
- f3
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See Article 8(b) of S.R. 1999 No. 481
- f4
Contents
- Part 1: General
- 1Citation, commencement and interpretation
- 2Enrolment information
- 3Jobholder information
- 4Pay reference periods for the purposes of sections 1(1)(c), 3(1)(c) and 5(1)(c)
- 5Pay reference periods for the purposes of sections 20(1)(b) and (c) and 26(4)(b) and (5)(b)
- Part 1A: Exemption and exceptions
- 5AExemption of European employers
- 5BNotice of termination of employment
- 5CFormer members
- 5DTax protection
- 5EWinding-up lump sum
- 5EACompany directors
- 5EBLimited liability partnerships
- 5FEffect of exercise of discretion
- Part 2: Automatic enrolment, opt out and refunds
- 6Arrangements to achieve active membership
- 7Regulation 7
- 8Regulation 8
- 9Opting out
- 10Regulation 10
- 11Refunds
- Part 3: Automatic re-enrolment
- 12Automatic re-enrolment dates
- 13Arrangements to achieve active membership
- 14Jobholders excluded from automatic re-enrolment Repealed
- 15Opting out
- 16Refunds
- Part 4: Jobholders opting in to pension saving
- 17Information on the right to opt in to pension saving Repealed
- 18Opt in notices and arrangements to achieve active membership
- 19Opting out
- 20Refunds
- Part 5: Workers joining pension saving
- 21Information to be given to workers
- 22Form and content of joining notices
- 23Arrangements to achieve active membership
- Part 6: Postponement or disapplication of automatic enrolment
- 24Prescribed requirements for the purposes of section 4(1), (2) and (3)
- 25Postponement of the automatic enrolment date Repealed
- 26Cases in which automatic enrolment may be postponed Repealed
- Part 7: Automatic enrolment following the transitional period for defined benefit andhybridschemes
- 27Notice to be given under section 30(3)
- 28Arrangements to achieve active membership
- 29Regulation 29
- 30Opting out
- 31Regulation 31
- 32Refunds
- Part 7A: Certification that a quality or alternative requirement is satisfied
- 32AEffect of a certificate under section 28
- 32BGiving of a certificate, retention and disclosure
- 32CForm of certificate
- 32DRenewal of certificate
- 32EAlternative requirements for a money purchase scheme
- 32EAAlternative quality requirements for a collective money purchase scheme
- 32FAlternative requirements for a personal pension scheme
- 32GAlternative requirements for a hybrid scheme
- 32HScheme not to be treated as satisfying the relevant quality requirement in certain circumstances
- 32IContributions under alternative requirements during transitional periods
- 32JPension schemes based in an EEA state other than the United Kingdom Repealed
- 32KInterpretation
- Part 7B: Alternative quality requirements: UK defined benefits schemes
- 32LAlternative quality requirements for UK defined benefits schemes
- 32MRegulation 32M
- Part 8: Existing members of qualifying schemes
- 33Information Repealed
- 34Continuity of scheme membership Repealed
- Part 9: Automatic enrolment schemes
- 35Further conditions applicable to automatic enrolment schemes
- Part 10: Exclusion as a qualifying scheme
- 36Certain schemes providing average salary benefits excluded from being qualifying schemes
- Part 11: Test Scheme
- 37Test scheme: requirements to revalue accrued benefits and increase pensions in payment
- 38Appropriate age
- 39Requirements for meeting the test scheme standard
- 39ALump sum test scheme requirements
- Part 12: Hybrid schemes
- 40Interpretation
- 41Modification of test scheme standard: money purchase benefit lump sum accruals Repealed
- 42Modification of test scheme standard: final salary lump sum accruals Repealed
- 43Modification allowing different quality requirements to be satisfied in aggregate
- Part 13: Non-UK Pension Schemes
- 44Description of an occupational pension scheme with its main administration outside the United Kingdom
- 45Quality requirements: non-UK occupational pension schemes
- 46Regulation 46
- 47Prescribed requirements for non-UK qualifying schemes
- 47AMeaning of “provider”
- Part 14: Due dates
- 48Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations
- 49Amendment of the Personal Pension Schemes (Payments by Employers) Regulations
- 50Due date for the purposes of section 37(3)
- 51Revocations
- Signature
- Schedule 1Information for workers
- Schedule 2: Information
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3 Repealed
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7 Repealed
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19 Repealed
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23 Repealed
- 24Paragraph 24
- 25Paragraph 25 Repealed
- Explanatory note