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The Pensions (2008 Acts) (Consequential Provisions) Order (Northern Ireland) 2009

S.R. 2009/113 · Made 16 March 2009 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2016.

Pensions

Age Discrimination

Made 16th March 2009

Coming into operation 6th April 2009

The Department for Social Development makes the following Order in exercise of the powers conferred by section 19(1) of the Pensions Act (Northern Ireland) 2008f1 and section 114(1) of the Pensions (No. 2) Act (Northern Ireland) 2008f2.

Annotations to the whole text

Footnotes

f1

2008 c. 1 (N.I.)

f2

2008 c. 13 (N.I.)

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations
  3. 3Amendment of the Occupational Pension Schemes (Contracting-out) Regulations
  4. 4Amendment of the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations
  5. 5Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations
  6. 6Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations
  7. 7Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations
  8. 8Amendment of the Pension Sharing (Pension Credit Benefit) Regulations
  9. 9Amendment of the Occupational and Personal Pension Schemes (Pension Liberation) Regulations
  10. 10Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations
  11. 11Amendment of the Employment Equality (Age) Regulations
  12. 12Revocations
  13. Signature
  14. Schedule Revocations
  15. Explanatory note

1Citation and commencementI1

This Order may be cited as the Pensions (2008 Acts) (Consequential Provisions) Order (Northern Ireland) 2009 and shall come into operation on 6th April 2009.

2Amendment of the Personal Pension Schemes (Disclosure of Information) RegulationsI1

(1)

The Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with paragraphs (2) to (5).

(2)

In regulation 1(2) (interpretation) omit the definition of “safeguarded rights”f2.

(3)

In regulation 5 (information to be made available to individuals)—

(a)

in paragraph (3)f3 omit “or no safeguarded rights”;

(b)

in paragraph (4)f4 omit “or safeguarded rights” in both places where it occurs.

(4)

In paragraphs 12 and 13f5 of Schedule 1 (basic information about the scheme) omit “or safeguarded rights”.

(5)

In paragraphs 4 and 11f6 of Schedule 2 (information to be made available to individuals) omit “or safeguarded rights”.

3Amendment of the Occupational Pension Schemes (Contracting-out) RegulationsI1

(1)

The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996f1 shall be amended in accordance with paragraphs (2) to (7).

(2)

In regulation 1(2) (interpretation) omit the definition of “safeguarded rights”f2.

(3)

In regulation 23 (requirements for meeting the statutory standard) for paragraph (d)f3 substitute—

“(d)

must not have regard to any pensions to be provided under the scheme in respect of earners who are not in contracted-out employment;”.

(4)

In regulation 39f4 (circumstances in which schemes may change mode of contracting out)—

(a)

in paragraph (1) omit “and any safeguarded rights”;

(b)

in paragraph (2) for “, section 5(2B) rights and any safeguarded rights” substitute “and section 5(2B) rightsf5”.

F1(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Amendment of the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) RegulationsI1

In regulation 4 of the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations (Northern Ireland) 1997f1 (transfer of guaranteed minimum pensions, section 5(2B) rights and protected rights between parts of a relevant scheme)—

(a)

in paragraph (1) omit sub-paragraph (c)f2;

(b)

in paragraph (2)f3—

(i)

omit “or the safeguarded rights of a relevant transferee”;

(ii)

in sub-paragraph (b) omit “or, as the case may be, the relevant transferee”;

(iii)

in sub-paragraph (c) for “, section 5(2B) rights or, as the case may be, safeguarded rights” substitute “or section 5(2B) rights”;

(c)

omit paragraph (3)f4.

5Amendment of the Occupational Pension Schemes (Disclosure of Information) RegulationsI1

In Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997f1 (information to be made available to individuals)—

(a)

in paragraph 6AAf2 for paragraph (1) substitute—

“(1)

The value of the pension credit member’s accrued rights under the scheme at a specified date.”;

(b)

in paragraph 9f3 omit “or safeguarded rights, as the case may be”;

(c)

in paragraph 10f4 omit “or safeguarded rights” in both places where it occurs.

6Amendment of the Personal Pension Schemes (Appropriate Schemes) RegulationsI1

(1)

The Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997f1 shall be amended in accordance with paragraphs (2) to (4).

(2)

In regulation 1(2) (interpretation) after the definition of “pensionable age” add—

  • ““the upper accrual point” has the same meaning as in section 121(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2.”.

(3)

In regulation 8 (applications for the variation of, and to surrender, appropriate scheme certificates)—

(a)

in paragraph (2) omit sub-paragraph (c)f3 and the word “and” preceding it;

(b)

omit paragraph (2A)f4.

(4)

In regulation 15(7)(e) (calculation or estimation of earnings) for “the upper earnings limit” substitute “the upper accrual point”.

7Amendment of the Pension Sharing (Implementation and Discharge of Liability) RegulationsI1

In regulation 1(2) of the Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000f1 (interpretation) omit the definitions of “the Safeguarded Rights Regulations” and “safeguarded rights”.

8Amendment of the Pension Sharing (Pension Credit Benefit) RegulationsI1

(1)

The Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000f1 shall be amended in accordance with paragraphs (2) to (7).

(2)

In regulation 1(2) (interpretation) omit the definitions of “the Safeguarded Rights Regulations” and “safeguarded rights”.

(3)

In regulation 10 (transfer of a person’s pension credit rights without consent) omit paragraph (9)f2.

(4)

In regulation 20 (requirements to be met by annuities) for “Subject to regulation 19, the prescribed” substitute “The prescribed”.

(5)

In regulation 21 (requirements of other pension arrangements)—

(a)

in paragraph (1)—

(i)

at the end of sub-paragraph (a) insert “or”;

(ii)

omit sub-paragraph (b);

(b)

in paragraph (3) for “paragraph (1)(b) and (c)” substitute “paragraph (1)(c)”.

(6)

In regulation 22(1) (requirements to be met by an eligible scheme) omit sub-paragraph (a)f3.

(7)

In regulation 35f4 (definition of eligible pension credit rights) for paragraph (2) substitute—

“(2)

Pension credit rights are within this paragraph if they are derived from rights attributable to pensionable service on or after 6th April 1997 of the member whose pension rights were the subject of a pension sharing order or provision.”.

9Amendment of the Occupational and Personal Pension Schemes (Pension Liberation) RegulationsI1

In regulation 2(2) of the Occupational and Personal Pension Schemes (Pension Liberation) Regulations (Northern Ireland) 2005f1 (modification of references to “transfer” in the Pension Schemes Act)—

(a)

omit “, 64A”;

(b)

omit “safeguarded rights;”;

(c)

for “any”, in the second place where it occurs, substitute “either”.

10Amendment of the Occupational Pension Schemes (Cross-border Activities) RegulationsI1

In paragraph 5 of Schedule 2 to the Occupational Pension Schemes (Cross-border Activities) Regulations (Northern Ireland) 2005f1 (modifications of pensions legislation, and relevant legal requirements for the purposes of Article 269) in Table 4 omit the entry relating to “Sections 64A to 64D”.

11Amendment of the Employment Equality (Age) RegulationsI1

In paragraph 1(6) of Schedule 1 to the Employment Equality (Age) Regulations (Northern Ireland) 2006f1 (pension schemes) in the definition of “contracted-out rights”f2 omit “, but not safeguarded rights (within the meaning of section 64A of the 1993 Act)”.

12RevocationsI1

The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).

Signature

Sealed with the Official Seal of the Department for Social Development on 16th March 2009

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

RevocationsI1

Column (1)Column (2)Column (3)
CitationReferenceExtent of revocation
The Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000S.R. 2000 No. 145Regulation 13
The Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000S.R. 2000 No. 146Regulations 16 to 19
The Pension Sharing (Safeguarded Rights) Regulations (Northern Ireland) 2000S.R. 2000 No. 147The whole Regulations
The Pension Sharing (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2000S.R. 2000 No.335Regulations 2(2)(c) and (3) to (5), 5(4)(d) and (e), 12 and 13
The Pension Sharing (Contracting-out) (Consequential Amendments) Regulations (Northern Ireland) 2000S.R. 2000 No. 336The whole Regulations
The Social Security and Pensions (Financial Services and Markets Act 2000) (Consequential Amendments) Regulations (Northern Ireland) 2003S.R. 2003 No. 256Regulation 17
The Contracting-out, Protected Rights and Safeguarded Rights (Transfer Payment) (Amendment) Regulations (Northern Ireland) 2005S.R. 2005 No. 85Regulation 4
The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005S.R. 2005 No. 536Paragraph 6 of Schedule 1

Explanatory note

(This note is not part of the Order)

This Order amends certain regulations relating to occupational and personal pension schemes in consequence of section 10 of the Pensions Act (Northern Ireland) 2008 (“the 2008 Act”) and sections 79 and 102 of the Pensions (No. 2) Act (Northern Ireland) 2008 (“the (No. 2) Act”). Section 10 of the 2008 Act and section 102 of the (No. 2) Act relate to the introduction of the upper accrual point. Section 79 of the (No. 2) Act abolishes safeguarded rights.

The Order also makes consequential revocations.

An assessment of the impact of the introduction of the upper accrual point and the abolition of safeguarded rights is included in the Regulatory Impact Assessments which accompanied the 2008 Act and the (No. 2) Act, copies of which have been laid in the Business Office and the Library of the Northern Ireland Assembly. Copies of those assessments are available from the Department for Social Development, Social Security Policy and Legislation Division, Level 1, James House, 2-4 Cromac Avenue, Gasworks Business Park, Ormeau Road, Belfast BT7 2JA or from the website: http://www.dsdni.gov.uk/index/ssa/ssani-publications/ssani-pensions-publications.htm.