The Occupational Pension Schemes (Employer Debt: Apportionment Arrangements) (Amendment) Regulations (Northern Ireland) 2008

Citation and commencement

1.  These Regulations may be cited as the Occupational Pension Schemes (Employer Debt: Apportionment Arrangements) (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 18th April 2008.

Amendment of the Occupational Pension Schemes (Employer Debt) Regulations

2.—(1) The Occupational Pension Schemes (Employer Debt) Regulations (Northern Ireland) 2005(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1) (interpretation) in the definition of “scheme apportionment arrangement”(2) for paragraph (f) substitute—

“(f) each of the following persons consents to—

(i) the trustees or managers, and either

(ii) where the circumstances referred to in paragraph (b) apply, any remaining employer to whom all or part of the amount that would have been the employer’s liability share is being apportioned, or

(iii) where the circumstances referred to in paragraph (b) do not apply, the employer, and”.

(3) In regulation 7A(1)(3) (regulated apportionment arrangements) for sub-paragraph (b) substitute—

“(b) where an assessment period has not already commenced, each of the following persons agrees to the arrangement—

(i) the trustees of the scheme, and either

(ii) where the employer’s liability share is increased, the employer, or

(iii) where the employer’s liability share is reduced, any remaining employer to whom all or part of the amount that would have been the employer’s liability share is being apportioned;”.

(4) In regulation 16(2)(4) (modification of schemes: apportionment of Article 75 debts) for “regulation 6(2)” substitute “regulation 6(2)(a) or (b)”.

(5) In paragraph 1(l)(ii) of Schedule 1A(5) (withdrawal arrangements and approved withdrawal arrangements)—

(a) for “the Authority issues” substitute “the Authority issue”;

(b) for “the Authority considers” substitute “the Authority consider”.

Sealed with the Official Seal of the Department for Social Development on 17th April 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development