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The Social Security (Northern Ireland) Order 1990

Status:

This is the original version (as it was originally made).

Occupational and personal pensions, etc.

Annual increase of certain occupational pensions

13.—(1) After Article 68 of the Pensions Order there shall be inserted the following Article—

Annual increase in rate of pension, other than guaranteed minimum pension or money purchase benefit

68A.(1) This Article applies in relation to any occupational pension scheme—

(a)which is neither a public service pension scheme nor a money purchase scheme; and

(b)whose rules do not require the annual rate of every pension which commences or has commenced under the scheme to be increased each year by at least an amount equal to the appropriate percentage of that rate.

(2) On and after the appointed day, Schedule 4A shall have effect for the purpose of requiring the provision by schemes to which this Article applies of annual increases in the annual rates of pensions under those schemes.

(3) In this Article—

“annual rate”, in relation to a pension, means the annual rate of the pension, as previously increased under the rules of the scheme or under Schedule 4A;

“the appointed day” means the day on which this Article and Schedule 4A come into operation;

“the appropriate percentage”, in relation to an increase in the annual rate of a pension, means the percentage specified in the last revaluation order made before the increase is to take effect as the revaluation percentage for the last revaluation period of 12 months;

“money purchase scheme” means a pension scheme under which all the benefits that may be provided are money purchase benefits;

“pension” does not include—

(a)

a guaranteed minimum pension or any increase in such a pension under Article 39A; or

(b)

any money purchase benefit;

“revaluation order” means an order under Article 53A, “revaluation period” has the meaning given by paragraph (2) of that Article, and “revaluation percentage” means a percentage specified for a revaluation period by a revaluation order..

(2) After Schedule 4 to the Pensions Order there shall be inserted the Schedule set out in Schedule 2.

(3) In the case of an occupational pension scheme—

(a)such as is mentioned in paragraph (1) of Article 68A of the Pensions Order, and

(b)which is constituted by trust deed,

no payment shall be made out of the resources of the scheme to or for a person who is or has been the employer of persons in the description or category of employment to which the scheme relates until such time as provision has been made by the scheme for every pension which commences or has commenced under it to be increased as mentioned in sub-paragraph (b) of that paragraph.

(4) Nothing in paragraph (3) applies in relation to payments made to or for a person by virtue of his or any other person’s membership of the scheme in question.

(5) Expressions used in this Article and the Pensions Order have the same meaning in this Article as they have in that Order.

(6) The provisions of paragraph (3) override any provision of a scheme to the extent that it conflicts with them.

The Pensions Ombudsman

14.  The Pensions Order shall have effect with the amendments made by Schedule 3, which are made for the purpose of conferring functions on, and making general provision in connection with, the Pensions Ombudsman appointed under section 59B of the Social Security Pensions Act 1975(1).

Registration of occupational and personal pension schemes

15.—(1) At the beginning of Part VI of the Pensions Order there shall be inserted the following Article—

Registration of occupational and personal pension schemes

69J.(1) In this Article—

“employer”, in relation to a pension scheme, includes a person who is or has been treated under Article 2(4) as an employer in relation to the scheme for the purposes of Part IV or V;

“the register” means the register of occupational and personal pension schemes compiled and maintained under section 59K of the Social Security Pensions Act 1975;

“the registrar” means the Registrar of Occupational and Personal Pension Schemes appointed under that section.

(2) Regulations may make provision with respect to the staff and the facilities which are to be available to the registrar.

(3) Regulations may require—

(a)any person who is or has been—

(i)a trustee or manager of an occupational or personal pension scheme or an administrator of a public service pension scheme, or

(ii)the employer in relation to employment of any description or category to which an occupational pension scheme relates, and

(b)such other persons as may be prescribed,

to provide the registrar with such information for the purposes of the register in such form and within such time as may be prescribed.

(4) The Department, the Inland Revenue and the Occupational Pensions Board may provide the registrar with such information as he may request for the purposes of the register; and no obligation as to secrecy or confidentiality imposed by statute or otherwise on—

(a)persons employed in the Department,

(b)persons employed in relation to the Inland Revenue, or

(c)the staff of the Occupational Pensions Board,

shall prevent them from disclosing to the registrar such information as is necessary for the purposes of the register.

(5) The Department may direct the registrar to submit to the Department, in such form and at such intervals as may be specified in the direction, such statistical and other reports as the Department may require; and the Department may determine at its discretion whether or not to publish a report submitted to it under this paragraph..

(2) The following provisions of the Pensions Order (which make provision with respect to the registration of occupational pension schemes and which are set out in Schedule 2 to the Social Security (Northern Ireland) Order 1985(2) and have not all been brought into operation) shall cease to have effect—

(a)Articles 58B to 58D;

(b)Article 58E(1)(c);

(c)Articles 58F to 58J;

(d)Article 58K(1)(b), (5)(b) and (7); and

(e)Article 58L.

Miscellaneous amendments relating to pensions

16.—(1) The statutory provisions mentioned in Schedule 4 (which relate to occupational and personal pensions) shall have effect with the amendments there specified.

(2) Regulations may modify the provisions inserted into the Pensions Order by paragraph 2 of that Schedule in any manner which the Department thinks appropriate with a view to securing the orderly implementation of those provisions and to obtaining general compliance with them.

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