Regulation 2 Amendment of regulation 1 of the principal Regulations
In regulation 1(2) of the principal Regulations (interpretation)—
after the definition of “the Act” insert—
““actuary” means—
- (a)
the actuary mentioned in Article 47(1)(b) (professional advisers); or
- (b)
in relation to a scheme to which that Article does not apply—
- (i)
a Fellow of the Faculty of Actuariesf1;
- (ii)
a Fellow of the Institute of Actuariesf2; or
- (iii)
a person with other actuarial qualifications who is approved, at the request of the trustees of the scheme in question, by the Department as being a proper person to act for the purposes of these Regulations in connection with that scheme;”;
omit the definition of “the Board for Actuarial Standards”f3;
after the definition of “cash equivalent” insert—
““discount rates” means the interest rates used to discount future payments of benefit for the purposes of placing a current value on them;”;
for the definition of “effective date”f4 substitute—
““effective date” means the date as at which the assets and liabilities are valued for the purposes of the insufficiency report;”;
after the definition of “the guarantee date” insert—
““initial cash equivalent” means the amount calculated in accordance with regulation 7(1)(a);
“insufficiency report” means the actuary’s last relevant report before the guarantee date prepared in accordance with Schedule 1B;
“insufficiency report liabilities” has the meaning given in paragraph 7 of Schedule 1B;
“insurance policy” means an insurance policy which is a contract on human life or a contract of annuity on human life, but excluding a contract which is linked to investment funds;”;
for the definition of “member” substitute—
““member” has the meaning given to that expression in Article 121(1)f5;”;
in the definition of “the Regulatory Authority” for “the Occupational Pensions Regulatory Authority” substitute “the Pensions Regulatorf6”;
after the definition of “the relevant date” insert—
““salary related benefits” means benefits which are not money purchase benefits;”;
omit the definition of “scheme actuary”;
after the definition of “section 5(2B) rights” insert—
““statement of entitlement” has the meaning given in section 89A(1);”.
Annotations
Footnotes
- f1
-
The Faculty of Actuaries can be contacted at MacLaurin House, 18 Dublin Street, Edinburgh EH1 3PP
- f2
-
The Institute of Actuaries can be contacted at Staple Inn Hall, High Holborn, London WC1V 7QJ
- f3
-
The definition of “the Board for Actuarial Standards” was inserted by paragraph 5(a) of the Schedule to S.R. 2007 No. 64
- f4
-
The definition of “effective date” was inserted by regulation 2(2) of S.R. 2003 No. 337
- f5
-
The definition of “member” in Article 121(1) was amended by paragraph 50(2) of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999
- f6
-
The Pensions Regulator is established by section 1 of the Pensions Act 2004 (c. 35); see also Article 6(1) of the Pensions (Northern Ireland) Order 2005 which transferred the functions of the Occupational Pensions Regulatory Authority to the Pensions Regulator