The Occupational Pension Schemes (Payments to Employers) Regulations (Northern Ireland) 1997

Schemes with more than one employer

12.—(1) Where a scheme in relation to which there is more than one employer is divided into 2 or more sections and the provisions of the scheme are such that—

(a) different sections of the scheme apply to different employers or groups of employers (whether or not more than one section applies to any particular employer or groups including any particular employer);

(b) contributions payable to the scheme by an employer, or by a member in employment under that employer, are allocated to that employer’s section (or, if more than one section applies to the employer, the section which is appropriate in respect of the employment in question); and

(c) a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other section,

Articles 37, 76 and 77 and these Regulations shall apply as if each section of the scheme were a separate scheme.

(2) Where—

(a) a scheme which has been such a scheme as is mentioned in paragraph (1) is divided into 2 or more sections some or all of which apply only to members who are not in pensionable employment under the scheme; and

(b) the provisions of the scheme have not been amended so as to prevent the conditions in paragraph (1)(a) to (c) being satisfied in relation to 2 or more sections; but

(c) those conditions have ceased to be satisfied in relation to one or more sections (whether before or after 6th April 1997) by reason only of there being no members in pensionable service under the section and no contributions which are to be allocated to it,

Articles 37, 76 and 77 and these Regulations shall apply as if each section in relation to which those conditions have ceased to be satisfied were a separate scheme.

(3) Where on the winding up of a scheme—

(a) the liabilities of the scheme are satisfied in accordance with the requirements of Article 73; and

(b) paragraph (1) or (2) would apply to the scheme but for the fact that undistributed assets attributable to one section (“the first section”) may be applied to another section if—

(i) the annual rates of pension under the first section have been increased by the appropriate percentage; and

(ii) in relation to that section, additional benefits have been provided or the value of any benefits has been increased within the limits referred to in regulation 10,

Articles 76 and 77 and regulations 7 to 10 shall apply as if each section of the scheme were a separate scheme.

(4) In paragraph (3)(b)(i) “annual rate”, “appropriate percentage” and “pension” have the same meaning as in Articles 76 and 77.