OpenLegislation

Regulation 6 Valuation of protected liabilitiesI1

Northern Ireland

F1(1)

Subject to regulation 7, in the case of protected liabilitiesf1 the value of a protected liability shall be –

(a)

for an Article 127 F2determination or Article 127 valuation, the estimated cost of securing scheme benefits calculated in accordance with Schedule 6 to the Order (pension compensation provisions) to the member by means of an annuity purchased at the F3best value rate available in the market as estimated by the Board at the relevant time;

(b)

for an Article 162 valuation, the estimated cost of securing scheme benefits in accordance with any guidance issued by the Board in accordance with Article 162(4) of the Order, for the member by means of an annuity purchased at the best value rate available in the market as estimated by the Board at the relevant time.

F4(2)

Where regulation 3(c) applies, the amount representing the value of a protected liability in respect of the benefits secured by a pre-6th April 1997 contract of insurance shall be excluded from the valuation of the eligible scheme’s protected liabilities.

Annotations

Textual amendments

F1

Reg. 6(1): reg. 6 renumbered as reg. 6(1) (6.4.2007) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/193), regs. 1, 3(5)(a)

F2

Words in reg. 6(1)(a) inserted (23.7.2012) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 5(6)

F3

Words in reg. 6(1)(a)(b) substituted (30.4.2013) by The Pension Protection Fund and Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/95), regs. 1(2), 5(3)

F4

Reg. 6(2) added (6.4.2007) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/193), regs. 1, 3(5)(b)

Commencement

I1

Reg. 6 in operation at 6.4.2005, see reg. 1(1)

Footnotes

f1

The term “protected liabilities” is defined in Article 115(1) of the Pensions (Northern Ireland) Order 2005