Article 5 Duty of employers to facilitate access to stakeholder pension schemes

Northern Ireland

(1)

Except in so far as regulations otherwise provide, it shall be the duty of an employer of relevant employees to comply with F1the requirement in paragraph (5) .

F2(1A)

A relevant employee, in relation to an employer, is an employee of the employer who, on the relevant date, satisfies the conditions in paragraph (1B).

(1B)

The conditions are that—

(a)

the employee is a member of a stakeholder pension scheme;

(b)

the employee made a request under paragraph (5) before the relevant date and that request has not been withdrawn;

(c)

the employee pays contributions (which are deducted in accordance with that request) to the scheme at regular intervals;

(d)

at least one deduction has been made before the relevant date in accordance with that request.

(1C)

A person ceases to be a relevant employee—

(a)

on ceasing to be employed by the employer;

(b)

on withdrawing a request under paragraph (5);

(c)

on ceasing to pay contributions at regular intervals.

F3(2)

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

(3)

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

(4)

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(5)

The F4... requirement is that, subject to such exceptions and qualifications as may be prescribed, the employer shall, if he is requested to do so by a relevant employee F5...—

(a)

deduct the employee's contributions to the F6stakeholder pension scheme from his remuneration; and

(b)

pay them to the trustees or managers of the scheme or, if regulations so provide, to a prescribed person.

F7(5A)

That requirement only applies in relation to a request to make deductions made before the relevant date (whether or not that request is varied after that date).

F8(6)

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

(7)

Article 10 of the Pensions Order (civil penalties) applies to an employer who fails to comply with F9the requirement set out above.

(8)

An employer is not, F10while subject to the requirement in paragraph (5) , under any duty—

(a)

to make any enquiries, or act on any information, about the scheme for any purpose not connected with—

(i)

ascertaining whether the scheme is for the time being registered under Article 4,

F11(ii)

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F12(iii)

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

(b)

in particular, to investigate or monitor, or make any judgment as to, the past, present or future performance of the scheme.

(9)

In this Article—

“employer” means any employer, whether or not resident or incorporated in any part of the United Kingdom;
F13...
“regulations” means regulations made by the Department;
F14“relevant date” means the date on which section 69 of the Pensions (No. 2) Act (Northern Ireland) 2008 comes into operation.
F15...

Annotations

Textual amendments

F1: Words in art. 5(1) substituted (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(3), 118(1) (with s. 73); S.R. 2012/372, art. 2(a)
F2: Art. 5(1A)-(1C) inserted (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(4), 118(1) (with s. 73); S.R. 2012/372, art. 2(a)
F3: Art. 5(2)-(4) repealed (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(5), 118(1), Sch. 10 Pt. 1 (with s. 73); S.R. 2012/372, art. 2
F4: Word in art. 5(5) repealed (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(6)(a), 118(1), Sch. 10 Pt. 1 (with s. 73); S.R. 2012/372, art. 2 (with art. 3)
F5: Words in art. 5(5) repealed (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(6)(b), 118(1), Sch. 10 Pt. 1 (with s. 73); S.R. 2012/372, art. 2 (with art. 3)
F6: Words in art. 5(5)(a) substituted (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(6)(c), 118(1) (with s. 73); S.R. 2012/372, art. 2(a)
F7: Art. 5(5A) inserted (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(7), 118(1) (with s. 73); S.R. 2012/372, art. 2(a)
F8: Art. 5(6) repealed (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(8), 118(1), Sch. 10 Pt. 1 (with s. 73); S.R. 2012/372, art. 2
F9: Words in art. 5(7) substituted (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(9), 118(1) (with s. 73); S.R. 2012/372, art. 2(a)
F10: Words in art. 5(8) substituted (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(10)(a), 118(1) (with s. 73); S.R. 2012/372, art. 2(a)
F11: Art. 5(8)(a)(ii) repealed (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(10)(b), 118(1), Sch. 10 Pt. 1 (with s. 73); S.R. 2012/372, art. 2
F12: Art. 5(8)(a)(iii) repealed (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(10)(b), 118(1), Sch. 10 Pt. 1 (with s. 73); S.R. 2012/372, art. 2
F13: Words in art. 5(9) repealed (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(12)(a), 118(1), Sch. 10 Pt. 1 (with s. 73); S.R. 2012/372, art. 2
F14: Words in art. 5(9) inserted (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(11), 118(1) (with s. 73); S.R. 2012/372, art. 2(a)
F15: Words in art. 5(9) repealed (1.10.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 69(12)(b), 118(1), Sch. 10 Pt. 1 (with s. 73); S.R. 2012/372, art. 2

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481
F2: functions transf. by 2005 NI 1

Notes on Part II

Modifications

C1: Pt. II (arts. 3-9) power to modify conferred (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 294(d); S.R. 2006/95, art. 2(c), Sch. Pt. 3
C2: Pt. II (arts. 3-9) power to modify conferred (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 115(2)(c), 118(2)(g)