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The Pensions (Northern Ireland) Order 2005

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This is the original version (as it was originally made).

Payments made by employers and members to occupational pension schemes

This section has no associated Explanatory Memorandum

246.—(1) In Article 49 of the 1995 Order (other responsibilities of trustees, employers, etc.), in paragraph (9) (duty of trustee etc. to report a failure by employer to pay contributions deducted from earnings on time) for sub-paragraph (b) substitute—

(b)if the trustees or managers have reasonable cause to believe that the failure is likely to be of material significance in the exercise by the Authority of any of their functions, they must, except in prescribed circumstances, give notice of the failure to the Authority and the member within a reasonable period after the end of the prescribed period under paragraph (8)..

(2) In Article 86 of that Order (schedules of payments to money purchase schemes), for paragraph (1) (duty of trustees or managers to report a failure to pay amounts on time) substitute—

(1) Where, in the case of an occupational pension scheme to which Article 85 applies—

(a)there is a failure to pay on or before the due date any amounts payable in accordance with the payment schedule, and

(b)the trustees or managers have reasonable cause to believe that the failure is likely to be of material significance in the exercise by the Authority of any of their functions,

they must, except in prescribed circumstances, give notice of the failure to the Authority and to the members of the scheme within a reasonable period after the due date..

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