Regulation 7 Alternative valuation of assets and protected liabilities in specific casesI1
Northern Ireland
For the purposes of an Article 127 F1determination, Article 127 valuation or Article 162 valuation, where arrangements are being made by the eligible scheme for the transfer to or from it, of accrued rights and any pension credit rights, until such time as the trustees or managers of the scheme to which the transfer is being made (“the receiving scheme”) have received assets of the full amount agreed by them as consideration for the transfer, it shall be assumed –
that the rights have not been transferred; and
that any assets transferred in respect of the transfer of those rights are assets of the scheme making the transfer and not of the receiving scheme.
For the purposes of an Article 127 Article 127 or Article 162 valuation, in the case of a contract of insurance, the value shall be –
the value of the liability secured where the contract of insurance falls within the definition of a relevant contract of insurance in Article 145(8) of the Order (effect of Board assuming responsibility for a scheme); or where this is not the case either –
the surrender value of the contract of insurance; or
where it appears to the appropriate person that the surrender value of the contract of insurance does not accurately reflect the actual value at the relevant time; then he shall adopt such a value as appears to him to be appropriate.
In the case of an asset to which regulation 4 applies, the appropriate person shall adopt as the value of the asset, the amount due to the scheme given in the notice, direction or order.
For the purposes of F2... –
F3an Article 127 determination or an Article 127 valuation, where the appropriate person, in accordance with guidance issued by the Board in accordance with F4the statement issued by the Board under Article 127(5C) or Article 127(6) of the Order, holds the opinion that any Article 75 debt falling due to the eligible scheme will be recouped in the future then he shall treat the proportion of the Article 75 debt that he believes will be recovered as an asset of the scheme;
F5an Article 127 determination or an Article 127 valuation, where any Article 75 debt is recouped between the relevant time and the date F6the determination is made under Article 127(2)(a) of the Order or the date the valuation is approved under Article 128(2) of the Order (approval of valuation), then the amount so recouped –
shall be treated as an asset of the scheme; and
the Article 127 F7determination or Article 127 valuation shall be adjusted accordingly;
F8an Article 127 determination or an Article 127 valuation, where an amount is due under a contribution notice, a financial support direction or a restoration order, and
F9either none of the amount due or only a proportion of the amount due has been recouped; and
the appropriate person, in accordance with F10a statement issued by the Board under Article 127(5C) or any guidance issued by the Board in accordance with Article 127(6) or 162(4) of the Order as appropriate, holds the opinion that no further F11some or all of the payments due in relation to the notice or direction will F12not be recouped by the scheme; then
the appropriate person shall adjust the value of the asset contained in the notice or direction to the value recouped by the trustees or managers of the eligible scheme during the pre-approval period.
F13an Article 127 valuation, if the appropriate person –
has been given notice; or
holds the opinion;
that the value of any asset set out in the relevant accounts, that is not excluded from the actuarial valuation, is substantially different at the relevant time from that set out in the relevant accounts, then he shall adjust the value of the asset to the market value of the asset at the relevant time; or
an Article 127 valuation, where the appropriate person –
has been given notice; or
holds the opinion
in accordance with any Board guidance issued in accordance with Article 127(6) of the Order, that there exists an asset of the scheme which is not listed in the relevant accounts, and which is not excluded from the actuarial valuation, then he shall adopt such a value for the asset as he considers is appropriate.
The appropriate person shall not make an adjustment to the value of an interest in real property unless the adjustment reflects a more recent valuation given by a chartered surveyor in accordance with any relevant practice statements and guidance notes issued by the Royal Institution of Chartered Surveyorsf1 current on the date that the valuation is signed.
Annotations
Textual amendments
- F1
Words in reg. 7(1)(2) inserted (23.7.2012) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 5(7)(a)
- F2
Words in reg. 7(4) omitted (23.7.2012) by virtue of The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 5(7)(b)(i)
- F3
Words in reg. 7(4)(a) inserted (23.7.2012) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 5(7)(b)(ii)(aa)
- F4
Words in reg. 7(4)(a) inserted (23.7.2012) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 5(7)(ii)(bb)
- F5
Words in reg. 7(4)(b) inserted (23.7.2012) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 5(7)(iii)(aa)
- F6
Words in reg. 7(4)(b) inserted (23.7.2012) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 5(7)(iii)(bb)
- F7
Words in reg. 7(4)(b) inserted (23.7.2012) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 5(7)(iii)(cc)
- F8
Words in reg. 7(4)(c) inserted (23.7.2012) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 5(7)(iv)(aa)
- F9
Words in reg. 7(4)(c)(i) inserted (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(4)(a)
- F10
Words in reg. 7(4)(c)(ii) inserted (23.7.2012) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 5(7)(iv)(bb)
- F11
Words in reg. 7(4)(c)(ii) 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(4)(b)(i)
- F12
Words in reg. 7(4)(c)(ii) inserted (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(4)(b)(ii)
- F13
Words in reg. 7(4)(d)(e) inserted (23.7.2012) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 5(7)(b)(v)
Commencement
- I1
Reg. 7 in operation at 6.4.2005, see reg. 1(1)
Footnotes
- f1
-
The Royal Institution of Chartered Surveyors can be contacted at RICS Contact Centre, Surveyor Court, Westwood Way, Coventry, CV4 8JE