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The Pensions (Northern Ireland) Order 2005

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Duty of trustees or managers to act consistently with law of host member State

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267.—(1) Where the trustees or managers of an occupational pension scheme receive contributions to the scheme from a European employer, the trustees or managers must ensure that the scheme, so far as it relates to members who are or have been employed by the employer, is operated in a way which is consistent with the requirements of the social and labour law of the host member State.

(2) Regulations may modify any provision of pensions legislation in its application to members of an occupational pension scheme in respect of which the employer is a European employer.

(3) If the trustees or managers of a scheme fail to comply with paragraph (1), Article 10 of the 1995 Order (civil penalties) applies to any trustee or manager who has failed to take all reasonable steps to secure compliance.

(4) In this Article “pensions legislation” means—

(a)the Pension Schemes Act,

(b)Part II of the 1995 Order, other than Articles 62 to 66A of that Order (equal treatment),

(c)Part II or Article 30 of the 1999 Order, or

(d)this Order.

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