45.—(1) The 1995 Order is amended as follows.
(2) In Article 67 (the subsisting rights provisions)—
(a)in paragraph (3), omit sub-paragraph (b) and the “or” before it;
(b)after paragraph (3) insert—
“(3A) Regulations may provide for cases in which the subsisting rights provisions do not apply.”.
(3) In Article 67A (the subsisting rights provisions: interpretation), in paragraph (3) (meaning of “protected modification”), after sub-paragraph (a) insert—
“(aa)on taking effect would or might result in any subsisting right of a member of the scheme which is a right to benefits in respect of which there is a pensions promise becoming, or being replaced with, a right to benefits under the scheme rules in respect of which there is no pensions promise,
(ab)on taking effect would or might result in any subsisting right of a member of the scheme which is a right to retirement income in respect of which there is a pensions promise becoming, or being replaced with, a right to benefits other than retirement income,
(ac)on taking effect would or might result in any subsisting right of—
(i)a member of the scheme, or
(ii)a survivor of a member of the scheme,
which is not a right or entitlement to collective benefits becoming, or being replaced with, a right or entitlement to collective benefits under the scheme rules,”.
(4) In paragraph (3)(b) of that Article, after “rules” insert “, other than a pension that is a collective benefit”.
(5) In paragraph (5)(a) of that Article, after “sub-paragraph (a)” insert “, (aa), (ab), (ac)”.
(6) In paragraph (9) of that Article—
(a)in sub-paragraph (a), after paragraph (ix) insert—
“(x)regulations made under Schedule 17 to the Pensions Act (Northern Ireland) 2015;
(xi)regulations made under Schedule 18 to the Pensions Act (Northern Ireland) 2015;
(xii)regulations made under Part 2 of the Pension Schemes Act (Northern Ireland) 2016;”;
(b)in sub-paragraph (b), after paragraph (vii) insert—
“(viii)regulations made under paragraph 16 of Schedule 17 to the Pensions Act (Northern Ireland) 2015;
(ix)regulations made under paragraph 6 of Schedule 18 to the Pensions Act (Northern Ireland) 2015;
(x)regulations made under section 34 of the Pension Schemes Act (Northern Ireland) 2016;”.
(7) In Article 121 (interpretation), in paragraph (1), at the appropriate place insert—
““pensions promise” has the meaning given by section 5 of the Pension Schemes Act (Northern Ireland) 2016;”;
““retirement income” has the meaning given by section 7 of the Pension Schemes Act (Northern Ireland) 2016;”.