The Pensions (Northern Ireland) Order 2005 No. 255 (NI. 1)

PART I N.I. INTRODUCTORY

Interpretation N.I.

General interpretation N.I.

F1 2 .—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order, unless the context otherwise requires—

• “the 1995 Order” means the Pensions (Northern Ireland) Order 1995 (NI 22);

• “the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11);

• “the 2000 Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4);

• “active member” has the meaning given by Article 121(1) of the 1995 Order;

• “the Board” means the Board of the Pension Protection Fund;

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);

• “the Department” means the Department for Social Development;

• “the Determinations Panel” means the committee established by the Regulator under section 9 of the Pensions Act 2004 (c. 35);

• “direct payment arrangements”, in relation to a personal pension scheme, has the same meaning as in section 107A of the Pension Schemes Act;

• “earnings” has the meaning given by section 176(1) of the Pension Schemes Act;

• “employee” has the meaning given by section 176(1) of the Pension Schemes Act;

• “employer”

  (a)

  in relation to an occupational pension scheme, means the employer of persons in the description of employment to which the scheme in question relates (but see paragraph (5)), and

  (b)

  in relation to a personal pension scheme, where direct payment arrangements exist in respect of one or more members of the scheme who are employees, means an employer with whom those arrangements exist;

• “enactment” includes any statutory provision;

• [F3 “ First-tier Tribunal ” and “ Upper Tribunal ” mean those tribunals established under section 3 of the Tribunals, Courts and Enforcement Act 2007; ]

• “government department” means a Northern Ireland department or a department of the government of the United Kingdom;

• “the Insolvency Order” means the Insolvency (Northern Ireland) Order 1989 (NI 19);

• “managers”, in relation to an occupational or personal pension scheme (other than a scheme established under a trust), means the persons responsible for the management of the scheme;

• “member”, in relation to an occupational pension scheme, means any active, deferred, pensioner or pension credit member within the meaning of Article 121(1) of the 1995 Order (but see paragraph (6));

• “modifications” includes additions, omissions and amendments;

• “money purchase benefit” has the meaning given by section 176(1) of the Pension Schemes Act;

• “money purchase scheme” has the meaning given by section 176(1) of the Pension Schemes Act;

• “occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act;

• [F4 “ pension board ” has the same meaning as in the Public Service Pensions Act (Northern Ireland) 2014 (see section 5 of that Act); ]

• “pension credit” has the meaning given by Article 121(1) of the 1995 Order;

• “the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993 (c. 49);

• “personal pension scheme” has the meaning given by section 1 of the Pension Schemes Act;

• “the PPF Ombudsman” means the Ombudsman for the Board of the Pension Protection Fund;

• “prescribed” means prescribed by regulations;

• “professional adviser”, in relation to an occupational pension scheme, has the meaning given by Article 47 of the 1995 Order;

• [F5 “ public service pension scheme ” means, subject to paragraph (6A)—

  (a)

  a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 (new public service schemes);

  (b)

  a new public body pension scheme (within the meaning of that Act);

  (c)

  any statutory pension scheme which is connected with a scheme referred to in paragraph (a) or (b) (and for this purpose “statutory pension scheme” and “connected” have the meanings given in that Act);]

• “regulations” means regulations made by the Department;

• “the Regulator” means the Pensions Regulator;

• [F6 “ scheme manager ”, in relation to a public service pension scheme, has the same meaning as in the Public Service Pensions Act (Northern Ireland) 2014 (see section 4 of that Act); ]

• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);

• [F7 “ Tribunal Procedure Rules ” has the same meaning as in the Tribunals, Courts and Enforcement Act 2007. ]

• F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this Order, unless the context otherwise requires, references to the scheme rules, in relation to [F9 a pension scheme], are references to—

(a) the rules of the scheme, except so far as overridden by a relevant legislative provision,

(b) the relevant legislative provisions, to the extent that they have effect in relation to the scheme and are not reflected in the rules of the scheme, and

(c) any provision which the rules of the scheme do not contain but which the scheme must contain if it is to conform with the requirements of Chapter 1 of Part IV of the Pension Schemes Act (preservation of benefit under occupational pension schemes).

(4) For the purposes of paragraph (3)—

(a) “relevant legislative provision” means any provision contained in any of the following provisions—

(i) Schedule 5 to the Social Security (Northern Ireland) Order 1989 (NI 13) (equal treatment for men and women);

[F10 (ii) Chapter 2 or 3 of Part 4 of the Pension Schemes Act (certain protection for early leavers) or regulations made under either of those Chapters;

(iia) Chapter 1 or 2 of Part 4ZA of that Act (transfers and contribution refunds) or regulations made under either of those Chapters;]

(iii) Part IVA of that Act (requirements relating to pension credit benefit) or regulations made under that Part;

(iv) section 106(1) of that Act (requirement as to resources for annual increase of guaranteed minimum pensions);

(v) Part II of the 1995 Order (occupational pensions) or orders or regulations made or having effect as if made under that Part;

(vi) Article 28 of the 1999 Order (pension debits: reduction of benefit);

(vii) any provision mentioned in Article 279(2);

[F11 (viii) section 61 of the Pension Schemes Act 2015;

(ix) regulations made under section 62 or 63 of the Pension Schemes Act 2015;]

[F12 (x) regulations made under section 69(4) of or paragraph 1(6) of Schedule 5 to the Pension Schemes Act 2021;

(xi) sections 85, 90, 92, 93 and 96 of the Pension Schemes Act 2021;]

[F13 (xii) sections 21, 23, 26, 28, 29 and 33 of and Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021;]

(b) a relevant legislative provision is to be taken to override any of the provisions of the scheme if, and only if, it does so by virtue of any of the following provisions—

(i) paragraph 3 of Schedule 5 to the Social Security (Northern Ireland) Order 1989;

(ii) section 125(1) of the Pension Schemes Act;

(iii) Article 114(1) of the 1995 Order;

(iv) Article 28(4) of the 1999 Order;

(v) Article 279(1).

[F14 (vi) section 61(3) of the Pension Schemes Act 2015;

(vii) regulations made under section 62(4) or 63(4) of the Pension Schemes Act 2015.]

[F15 (viii) sections 69(7)(b), 85(5), 90(6), 92(6), 93(2) and 96(5) of and paragraph 1(7) of Schedule 5 to the Pension Schemes Act 2021.]

[F16 (ix) sections 21(7), 23(7), 26(9), 28(6), 29(2) and 33(5) of and paragraph 1(7) of Schedule 1 to the Pension Schemes Act (Northern Ireland) 2021.]

(5) Regulations may, in relation to occupational pension schemes, extend for the purposes of this Part and Parts II, III and V to VII the meaning of “employer” to include—

(a) persons who have been the employer in relation to the scheme;

(b) such other persons as may be prescribed.

(6) Regulations may for any purpose of any provision of this Order—

(a) prescribe the persons who are to be regarded as members or prospective members of an occupational or personal pension scheme, and

(b) make provision as to the times at which and circumstances in which a person is to be treated as becoming, or as ceasing to be, such a member or prospective member.

[F17 (6A) A scheme which would otherwise fall within the definition of “public service pension scheme” in paragraph (2) does not fall within that definition if—

(a) it is an injury or compensation scheme (within the meaning of the Public Service Pensions Act (Northern Ireland) 2014), or

(b) it is specified in an order made by the Department after consulting the Department of Finance and Personnel.]

(7) In the application, for the purposes of this Order, of—

(a) section 24(1) of the Interpretation Act (Northern Ireland) 1954 (c. 33) (service of documents by post) omit the word “registering”;

(b) section 39(2) of that Act (time beginning on a particular day), omit the word “not”.

F1 mod. by SR 2005/55

F2 Art. 2(2): definition of "the Companies Order" omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 252(2) (with art. 10)

F3 Art. 2(2): definitions of "First-tier Tribunal" and "Upper Tribunal" inserted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 13(a) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F4 Words in art. 2(2) inserted (28.4.2014) by Public Service Pensions Act (Northern Ireland) 2014 (c. 2), s. 37(2), Sch. 4 para. 2(2); S.R. 2014/123, art. 4(e)

F5 Words in art. 2(2) inserted (28.4.2014) by Public Service Pensions Act (Northern Ireland) 2014 (c. 2), s. 37(2), Sch. 4 para. 2(3); S.R. 2014/123, art. 4(e)

F6 Words in art. 2(2) inserted (28.4.2014) by Public Service Pensions Act (Northern Ireland) 2014 (c. 2), s. 37(2), Sch. 4 para. 2(4); S.R. 2014/123, art. 4(e)

F7 Art. 2(2): definition of "Tribunal Procedure Rules" inserted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 13(b) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F8 Art. 2(2): definition of "the Tribunal" repealed (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3, 5(2), Sch. 1 para. 13(c), Sch. 3 (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F9 Words in art. 2(3) substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 80(2) (with s. 87)

F10 Art. 2(4)(a)(ii)(iia) substituted (6.4.2015) for art. 2(4)(a)(ii) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 80(3) (with s. 87)

F11 Art. 2(4)(a)(viii)(ix) inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), ss. 66(3)(a), 89(3)(b) (with s. 87)

F12 Art. 2(4)(a)(x)(xi) inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in operation) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 6 para. 12(a); S.R. 2022/197, art. 3(a)

F13 Art. 2(4)(a)(xii) inserted (10.8.2021) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(1)(c), Sch. 3 para. 6(a)

F14 Art. 2(4)(b)(vi)(vii) inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), ss. 66(3)(b), 89(3)(b) (with s. 87)

F15 Art. 2(4)(b)(viii) inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in operation) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 6 para. 12(b); S.R. 2022/197, art. 3(a)

F16 Art. 2(4)(b)(ix) inserted (10.8.2021) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(1)(c), Sch. 3 para. 6(b)

F17 Art. 2(6A) inserted (28.4.2014) by Public Service Pensions Act (Northern Ireland) 2014 (c. 2), s. 37(2), Sch. 4 para. 2(5); S.R. 2014/123, art. 4(e)

Modifications etc. (not altering text)

C1 Art. 2(7)(a) modified by 2008 c. 13 (N.I.) s. 113A (as inserted (30.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 33(1), 34(3); S.R. 2012/265, art. 2(1)(f))