Pension Schemes Act 1993 in Northern Ireland
1993 c. 48 · Enacted 5 November 1993 · Extends to United Kingdom
An Act to consolidate certain enactments relating to pension schemes with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
[5th November 1993]
X1I1E1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3C4C5C6C7C8C9C10C11C12C13C14
Annotations to the whole text
Modifications
- C1
Act modified (19.7.1995) by Pensions Act 1995 (c. 26), Sch. 4 para. 1
- C2
Act applied (4.12.1995 for specified purposes, 1.1.1996 for specified purposes, 6.4.1996 in so far as not already in force) by Pensions Act 1995 (c. 26), s. 124(5) (with s. 121(5)); S.I. 1995/3104, art. 2; S.I. 1996/778, art. 2(4), Sch. Pt. 4
- C3
Act: power to modify conferred (6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), s. 149(2); S.I. 1996/778, art. 2(6); S.I. 1997/664, art. 2(3), Sch. Pt. 2
- C4
Act: power to modify conferred (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 15(1)(2)(b); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
- C5
Act: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), s. 85(1)(b)(i)
- C6
Act: power to amend conferred (2.12.1999) by Northern Ireland Act 1998 (c. 47), s. 87 (with s. 95); S.I. 1999/3209, art. 2, Sch.
- C7
Act: transfer of functions (6.4.2005) by Pensions Act 2004 (c. 35), ss. 7(1)(a), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (with transitional provisions and savings in S.I. 2005/695, arts. 5(8), 6, Schs. 2, 3 (as amended by S.I. 2005/1108, art. 3(b))
- C8
Act modified (6.4.2006) by Pensions Act 2004 (c. 35), ss. 254(1)(3)(a), 322(1) (with s. 313); S.I. 2006/560, art. 2(3), Sch. Pt. 3
- C9
Act: power to modify conferred (6.4.2006) by Pensions Act 2004 (c. 35), ss. 321(1)(b), 322(1); S.I. 2006/560, art. 2(3), Sch. Pt. 3
- C10
Act modified (1.4.2008) by The Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576), art. 1(3), Sch. 4 para. 5
- C11
Act: power to modify conferred (26.11.2008) by Pensions Act 2008 (c. 30), ss. 146(2)(a), 149(2)
- C12
Act modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), arts. 1, 3, Sch.
- C13
Act modified (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1 (with reg. 27(a))
- C14
Act modified (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 paras. 2, 3 (with reg. 5) (as amended (4.1.2024) by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 4)
Commencement
- I1
Act not in force at Royal Assent, see s. 193(2)(3) and Sch. 9
Extent
- E1
Act's amending/repealing provisions are co-extensive with the enactments they affect see s. 192(1)
Extent attributes have been set without reference to the co-extensive extent provision except in the repeal and amendment schedules
Editorial notes
- X1
[A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status]
Contents
- Part I: Preliminary
- 1Categories of pension schemes.
- Part II: Administration
- The Occupational Pensions Board
- 2Constitution and functions of the Board. Repealed
- 3Membership of the Board. Repealed
- 4Reports of the Board. Repealed
- 5Further provisions as to constitution and procedure of the Board. Repealed
- Registration of schemes
- 6Registration of occupational and personal pension schemes. Repealed
- Preliminary
- 7AMeaning of “the first abolition date” and “the second abolition date”
- 7BMeaning of “contracted-out scheme” and “appropriate scheme” etc.
- ...
- 12AThe statutory standard Repealed
- 12CTransfer, commutation, etc Repealed
- 12DEntitlement to benefit Repealed
- 15AReduction of guaranteed minimum in consequence of pension debit.
- 18Treatment of insignificant amounts.
- 19Discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts.
- 21Commutation, surrender and forfeiture.
- 24BThe conversion conditions
- 24CActuarial equivalence
- 24EProcedural requirements
- 24FTransfer out
- 24GPowers to amend schemes
- 24HEnforcement of GMP conversion conditions
- Discretionary requirements
- 25ARequirements for schemes with members with protected rights Repealed
- 26Persons who may establish scheme. Repealed
- 27Identification and valuation of protected rights. Repealed
- 27ARequirements in relation to giving effect to protected rights Repealed
- 28ARequirements for interim arrangements Repealed
- 32Suspension or forfeiture. Repealed
- 32ADischarge of protected rights on winding up: insurance policies Repealed
- 33Tax requirements to prevail over requirements of section 31. Repealed
- Cancellation, variation, surrender and refusal of certificates
- 35Surrender and cancellation of contracting-out certificates: issue of further certificates. Repealed
- 36Surrender and cancellation of contracting-out certificates: cancellation of further certificates. Repealed
- General regulations as to administration of Part III
- 39General power to make regulations.
- Preliminary
- Reduced rates of contributions, and rebates, for members of money purchase contracted-out schemes
- 42BDetermination and alteration of rates of contributions, and rebates, applicable under section 42A Repealed
- 45ADetermination and alteration of rates of minimum contributions under section 45 Repealed
- 46ARetirement in tax year after 5th April 2020 Repealed
- Effect of reduced contributions and rebates on social security benefits
- 48AAdditional pension and other benefits
- 49Women, married women and widows. Repealed
- Approval of arrangements for schemes ceasing to be certified
- Supervision of formerly certified schemes
- State scheme premiums
- Part IIIA: Safeguarded rights Repealed
- 68ASafeguarded rights. Repealed
- 68BRequirements relating to safeguarded rights. Repealed
- 68CReserve powers in relation to non-complying schemes. Repealed
- 68DPower to control transfer or discharge of liability. Repealed
- 69Scope of Chapter I: the preservation requirements.
- 70Interpretation.
- 71Basic principle as to short service benefit.
- 72No discrimination between short service and long service beneficiaries.
- 73Form of short service benefit and its alternatives.
- 74Computation of short service benefit.
- 75Credits.
- 76Pension increases.
- 77Assignment, surrender and commutation of benefit. Repealed
- 78Forfeiture, etc. Repealed
- 79Charges, liens and set-offs. Repealed
- 80Power to modify ss. 77 to 79 as respects alternative benefits. Repealed
- 81Discharge of liability where short service or alternative benefits secured by insurance policies or annuity contracts.
- 82Supplementary regulations.
- Chapter II: Revaluation of accrued benefits (excluding guaranteed minimum pensions)
- 83Scope of Chapter II.
- 85Revaluation not to apply to substituted benefit.
- 86Supplementary provisions.
- Chapter III: Protection of increases in guaranteed minimum pensions (“anti-franking”)
- 88The relevant sum.
- 89The appropriate addition.
- 90The later earnings addition.
- 91Special provision where employment continues after it ceases to be contracted-out by reference to scheme.
- 92Supplementary provisions.
- IVTransfer values
- 5Early leavers: cash transfer sums and contribution refunds
- Part 4ZA: Transfers and contribution refunds
- 97ADesignation of funded public service defined benefits schemes
- 97BDesignation of funded public service defined benefits schemes: Scotland
- 97CReduction of cash equivalents in case of designated schemes
- 99ATrustees' further duties: collective money purchase benefits
- 100Withdrawal of applications.
- 100AProhibition on excluding future accruals etc
- 100BMeaning of “scheme rules”: occupational pension schemes
- 100CMeaning of “normal pension age” in this Chapter
- 100DInterpretation of Chapter
- 101Supplementary provisions.
- Chapter 2: Early leavers: cash transfer sums and contribution refunds
- 101AAScope of Chapter 5
- 101ABRight to cash transfer sum and contribution refund
- 101ACNotification of right to cash transfer sum or contribution refund
- 101ADExercise of right under section 101AB
- 101AEPermitted ways of using cash transfer sum
- 101AFCalculation of cash transfer sum and contribution refund
- 101AGDuties of trustees or managers following exercise of right
- 101AHPowers of trustees or managers where right not exercised
- 101AIRights under section 101AB: further provisions
- Part IVA: Requirements relating to pension credit benefit
- Chapter I: Pension credit benefit under occupational schemes
- 101AScope of Chapter I.
- 101BInterpretation.
- 101CBasic principle as to pension credit benefit.
- 101DForm of pension credit benefit and its alternatives.
- 101EDischarge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts.
- Chapter II: Transfer values
- 101FPower to give transfer notice.
- 101GRestrictions on power to give transfer notice.
- 101HBenefits other than money purchase: statements of entitlement.
- 101ICalculation of cash equivalents.
- 101JTime for compliance with transfer notice.
- 101KWithdrawal of transfer notice.
- 101LVariation of the amount required to be used.
- 101MEffect of transfer on trustees’ duties.
- 101NMatters to be disregarded in calculations.
- 101NAProhibition on excluding transfers of some rights without others etc
- 101OService of notices.
- 101PInterpretation of Chapter II.
- 101QPower to modify Chapter II in relation to hybrid schemes. Repealed
- 102Scope of Chapter I: annual increase of certain occupational pensions. Repealed
- 103Annual increase of later service component. Repealed
- 104Annual increase of earlier service component where scheme is in surplus. Repealed
- 105Proportional increase where first period is less than 12 months. Repealed
- 106Restriction on increase where member is under 55. Repealed
- 107Application of Chapter I to pensions not attributable to pensionable service. Repealed
- 108No payments to employers from non-complying schemes. Repealed
- Chapter II: Guaranteed minimum pensions
- 111Voluntary contributions. Repealed
- 111AMonitoring of employers’ payments to personal pension schemes.
- 111BObtaining information for purposes of section 111A and corresponding Northern Ireland legislation. Repealed
- 113Disclosure of information about schemes to members etc.
- 113ADisclosure of information about transfers etc
- 113BOccupational pension schemes: requirements to refer members to guidance etc
- 115Powers as respects failure to comply with information requirements.
- 117Regulations as to form and content of advertisements.
- 119Requirement for independent trustee where employer becomes insolvent etc. Repealed
- 120Members’ powers to apply to court to enforce duty under s. 119. Repealed
- 121Further provisions as to appointment and powers of independent trustees. Repealed
- 122Duty of insolvency practitioner or official receiver to give information to scheme trustees. Repealed
- Chapter II: Payment by Secretary of State of unpaid scheme contributions
- 125Certification of amounts payable under s. 124 by insolvency officers.
- 126Complaint to industrial tribunal.
- 127Transfer to Secretary of State of rights and remedies.
- Chapter III: Priority in bankruptcy
- 128Priority in bankruptcy etc.
- 130Extra-statutory benefits.
- 131Relationship of preservation requirements and scheme rules.
- 135Persons competent to make applications under s. 134. Repealed
- 137Persons competent to make applications under s. 136. Repealed
- 138Further provisions concerning the Board’s powers under s. 136. Repealed
- 141Modification of public service schemes. Repealed
- Winding up
- Part X: Investigations: the Pensions Ombudsman
- 145The Pensions Ombudsman.
- 145ADeputy Pensions Ombudsmen
- 151AInterest on late payment of benefit
- Part XI: General and miscellaneous provisions
- Modification powers
- 154Application of enactments as respects personal pension schemes.
- 157Power of Secretary of State to obtain information in connection with applications under s. 124.
- 159ANo forfeiture on bankruptcy of rights under personal pension schemes.
- 160Terms of contracts of service or schemes restricting choice to be void.
- 161Provisions excluding Chapter II of Part VII to be void.
- 162Removal of restrictions on friendly societies’ pension business.
- 167Application of general provisions relating to administration of social security.
- 168AOffence in connection with the Registrar Repealed
- 169Offences by bodies corporate.
- General provisions as to determinations and appeals
- 171AReports by Inland Revenue.
- 172Review of the Board’s determinations. Repealed
- Part XII: Supplementary Provisions
- Interpretation
- 179Linked qualifying service.
- 180AInsurer and long-term insurance business
- 181General interpretation.
- 181AInterpretation of references to money purchase contracted-out schemes or appropriate schemes after abolition date Repealed
- 181BMoney purchase benefits: supplementary
- Subordinate legislation etc.
- 182Orders and regulations (general provisions).
- 183Sub-delegation.
- 185Consultations about other regulations.
- 186Parliamentary control of orders and regulations.
- 187Northern Ireland Constitution Act 1973: “reserved matters”. Repealed
- Supplemental provisions
- 188Repeals.
- 189Transitional provisions and savings.
- 190Prospective and consequential amendments.
- 191Transitory modifications.
- 192Extent.
- 193Short title and commencement.
- Schedule 1: The Occupational Pensions Board
- Introductory
- 1Paragraph 1 Repealed
- Membership Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Expenses, remuneration, etc. of members Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Procedure Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- Proceedings Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- Staff etc. Repealed
- 15Paragraph 15 Repealed
- Fees Repealed
- 16Paragraph 16 Repealed
- Instruments and contracts
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- The revaluation percentage and the appropriate revaluation percentage
- 2AParagraph 2A
- The average salary method
- The cash balance method
- The flat rate method
- The money purchase method
- Earner’s contributions to occupational pension scheme
- State scheme premiums
- Interpretation
- Schedule 5: Repeals
- IGeneral
- IIProvisions relating to equal access Not yet in force
- IVSubordinate legislation revoked
- Schedule 6: Transitional Provisions and Savings
- Part I: General Provisions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part II: Specific Provisions
- Contracting-out requirements for schemes providing guaranteed minimum pensions
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Overriding effect of certain requirements for existing contracted-out and appropriate schemes
- 11Paragraph 11 Repealed
- 12Paragraph 12
- Transactions discharging trustees
- 13Paragraph 13
- Contributions equivalent premiums: earnings before 1987-88
- 14Paragraph 14
- Preservation
- 15Paragraph 15
- Anti-franking
- 16Paragraph 16
- Modifications in consequence of enactment of Part I of the Social Security Act 1986
- 17Paragraph 17
- Savings for statutory instruments
- 18Paragraph 18
- 19Paragraph 19
- Provisions contained in this Act by virtue of statutory instruments
- 20Paragraph 20
- Saving for application of general provisions relating to social security
- 21Paragraph 21
- Saving for section 7 of the Social Security Act 1986
- 22Paragraph 22
- Schedule 7: Re-enactment or amendment of certain provisions not in force Not yet in force
- 2Paragraph 2 Not yet in force
- This Act Not yet in force
- 3Paragraph 3 Not yet in force
- Schedule 8: Consequential Amendments
- The Parliamentary Commissioner Act 1967 (c. 13)
- 1Paragraph 1
- The Superannuation Act 1972 (c. 11)
- 6Paragraph 6
- 8Paragraph 8
- The Judicial Pensions Act 1981 (c. 20)
- 13Paragraph 13
- 14Paragraph 14
- 19Paragraph 19 Repealed
- The Income and Corporation Taxes Act 1988 (c. 1)
- 20Paragraph 20 Repealed
- The Official Secrets Act 1989 (c. 6)
- 21Paragraph 21
- The Finance Act 1989 (c. 26)
- 22Paragraph 22
- 24Paragraph 24 Repealed
- 25Paragraph 25
- 26Paragraph 26 Repealed
- 33Paragraph 33
- 34Paragraph 34
- The Tribunals and Inquiries Act 1992 (c. 53)
- 44Paragraph 44
- The Judicial Pensions and Retirement Act 1993 (c.8)
- 46Paragraph 46
- Schedule 9: Transitory Modifications
- 1Paragraph 1
- Rule against perpetuities
- 2Paragraph 2
- Limited price indexation
- 3Paragraph 3 Repealed
- Guaranteed minimum for married women and widows paying reduced rate contributions
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Friendly societies
- 6Paragraph 6
- Judicial pensions
- 7Paragraph 7
- Schedule: TABLE OF DERIVATIONS
- 1Notes:
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6