# The Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005, Regulation 1: Citation, commencement and interpretation

Extent: N.I.

(1) These Regulations may be cited as the Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005 and shall come into operation on 6th April 2005.
(2) In these Regulations –
“the Order” means the Pensions (Northern Ireland) Order 2005;
“the 2004 Act” means the Finance Act 2004
“the assessment date” means the date on which the assessment period in relation to the scheme or section, or (where there has been more than one such assessment period) the last one, began;
“the basic element” and “the bridging element”, in relation to a pension which falls within regulation 26(1)(b), have the meanings given in regulation 26(2)(a);
“commutation limit” means the amount specified in paragraph 7(4) of Schedule 29 to the 2004 Act (trivial commutation lump sum);
“commutation period” means the period beginning with the day on which a trivial commutation lump sum or PPF trivial commutation lump sum is first paid to the member and ending 12 months after that day;
“early retirement age” means the age specified in the scheme rules as being the date on which a member may, subject to actuarial adjustment, become entitled to payment of a pension prior to attaining normal pension age;
“employment” means any trade, business, profession, office or vocation;
“lump sum compensation” means—
(a)any lump sum compensation payments made in relation to a person, payable under the pension compensation provisions as specified in Article 146(2) (the pension compensation provisions), or
(b)any lump sum payments made in relation to a person, payable under Article 150 (duty to pay scheme benefits unpaid at assessment date etc.);
“non-segregated scheme” means a multi-employer scheme which is not a segregated scheme;
“periodic compensation” means—
(a)any periodic compensation payments made in relation to a person, payable under the pension compensation provisions specified in Article 146(2); or
(b)any periodic payments made in relation to a person, payable under Article 150;
“PPF trivial commutation lump sum” has the meaning given in regulation 18(2) (circumstances in which the portion of compensation to be commuted may exceed 25 per cent);
“PPF trivial commutation lump sum” means a payment made under paragraph 24 of Schedule 6 (commutation of periodic compensation);
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“qualifying course” means a full-time educational or vocational course at a recognised educational establishment where in pursuit of that course, the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds 12 hours per week in normal term time, and shall include any gaps between the ending of one course and the commencement of another, where the person is enrolled on and commences the latter course;
“the register” means the system for keeping records provided under section 30(2) of the Civil Partnerships Act 2004 (the Registrar General and the register);
“registered pension scheme” has the meaning given in section 150(2) of the 2004 Act (meaning of pension schemes);
“relevant partner” means a person of either sex who was not married to, or in a civil partnership with, the member but who was living with the member as if that person and the member were spouses of each other;
“scheme” in the case of a section or a segregated part of a scheme which for the purposes of Part III of the Order, is an eligible scheme, includes that section or segregated part of a scheme;
“segregated scheme” means a multi-employer scheme which is divided into two or more sections where—
(a)any contributions payable to the scheme by an employer in relation to the scheme or by a member are allocated to that employer’s or that member’s section, and
(b)a specified proportion of the assets of the scheme is attributable to each section of the scheme and cannot be used for the purposes of any other section;
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“surviving dependant” means –
(a)a child of the family who is financially dependent on the member, and who is aged less than 18, or
(b)a child of the family who is financially dependent on the member, who is aged less than 25 and who is –
(i)either attending a qualifying course, or
(ii)incapable of engaging in full-time paid employment due to a condition that falls within the definition of a disability under the Disability Discrimination Act 1995;
“tax year” has the meaning given in section 279(1) of the 2004 Act (other definitions);
“transferor” has the meaning given by Article 26(8) of the 1999 Order (creation of pension credits and debits);
“trivial commutation lump sum” has the meaning given in paragraph 7 of Schedule 29 to the 2004 Act (trivial commutation lump sum);
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(3) In these Regulations “employer”, in relation to—
(a) an occupational pension scheme which is not a multi-employer scheme; or
(b) a single-employer section of a segregated scheme,
which has no active members, includes the person who was the employer of persons in the description of employment to which the scheme or section relates immediately before the time at which the scheme or section ceased to have any active members in relation to it.
(4) In these Regulations “employer”, in relation to a non-segregated scheme or a multi-employer section of a segregated scheme—
(a) in an assessment period, includes any person who before the assessment date has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—
(i) condition A is that a debt under Article 75 of the 1995 Order became due from that employer and the full amount of the debt has been paid before the assessment date;
(ii) condition B is that—
(aa) such a debt became due;
(bb) a legally enforceable agreement has been entered into the effect of which is to reduce the amount which may be recovered in respect of the debt; and
(cc) the reduced amount has been paid in full before the assessment date;
(iii) condition C is that such a debt became due but before the assessment date it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due;
(b) in any other case, includes any person who has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—
(i) condition A is that a debt under Article 75 of the 1995 Order became due from that employer and the full amount of the debt has been paid;
(ii) condition B is that—
(aa) such a debt became due;
(bb) a legally enforceable agreement has been entered into the effect of which is to reduce the amount which may be recovered in respect of the debt; and
(cc) the reduced amount has been paid in full;
(iii) condition C is that such a debt became due but it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due.
(5) In these Regulations, any reference to a numbered Article, or Schedule, is a reference to the Article of, or Schedule to, the Order bearing that number.

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Source: https://www.legislation.gov.uk/nisr/2005/149/regulation/1 (the official version)
Page: https://openlegislation.uk/pension-protection-fund-compensation-regulations-northern-ireland-2005/regulation-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.