The Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations (Northern Ireland) 1997

Parts of a relevant scheme to be treated as separate schemes for contracting-out purposes

2.—(1) Subject to paragraph (4), if the condition specified in paragraph (2) is satisfied, a relevant scheme is to be treated for the purposes of Part III of the Pension Schemes Act as if the separate parts of the scheme were separate schemes.

(2) The condition referred to in paragraph (1) is that the rules of the relevant scheme are such that a member’s service in a single employment at any given time may be qualifying service by reference only to one of the separate parts.

(3) Where one separate part of a relevant scheme has become inactive, it is to continue to be treated as a separate scheme for the purposes of Part III of the Pension Schemes Act, notwithstanding that it has ceased to satisfy sub-section (2) or, as the case may be, subsection (3) of section 5(1).

(4) Part III of the Pension Schemes Act is to have effect, in relation to the separate parts of a relevant scheme, with the following modifications—

(a) any reference to a contracting-out certificate is to be read as a reference to a single certificate—

(i) relating to both separate parts of the relevant scheme and stating that the relevant scheme is contracted-out by virtue of subsections (2) and (3) of section 5; or

(ii) relating, if one of the separate parts is inactive, to the other part of the relevant scheme and stating that the relevant scheme is contracted-out by virtue of subsection (2) or, as the case may be, subsection (3) of section 5,

and section 8 (determination of basis on which scheme is contracted-out) does not apply;

(b) in section 7(2) (elections as to employments covered by contracting-out certificates) any reference to an election is to be read as a reference to an election in relation to the relevant scheme;

(c) in section 12(3) (revaluation of earnings factors: early leavers) any reference to scheme is to be read as reference to relevant scheme;

(d) sections 46, 48 and 49(4) (approval of arrangements for, and supervision of, formerly certified schemes) are to apply to an inactive part of the relevant scheme as if it were a scheme which had ceased to be certified as a contracted-out scheme;

(e) in section 51(2)(5) (circumstances in which a contributions equivalent premium is payable) the reference to an occupational pension scheme is to be read as a reference to the relevant scheme and in sections 52(4), 53(3) and (4), 56(4), 57(1)(b), (8) and (11)(6) references to scheme are to be read as references to relevant scheme;

(f) in spite of sub-paragraph (e), in section 54(4) (amount of a contributions equivalent premium) the reference to the scheme in relation to an earner’s contracted-out employment is to be read as a reference only to the salary related part of the relevant scheme.

(5) For the purposes of any regulations made under Part III of the Pension Schemes Act, a relevant scheme is also to be treated as if the separate parts of the scheme were separate schemes, subject to the modifications to that Part provided for in paragraph (4) and any modifications to such regulations provided for in regulations 3 and 4.

(1)

Section 5(2) was substituted by Article 133(3) of the Pensions (Northern Ireland) Order 1995 and section 5(3) is amended by Article 133(4) of, and paragraph 17 of Schedule 3 to, that Order

(2)

Section 7 is amended by paragraph 14 of Schedule 3 to the Pensions (Northern Ireland) Order 1995

(3)

Section 12 is amended by paragraph 21 of Schedule 3 to the Pensions (Northern Ireland) Order 1995

(4)

Section 46 is amended by paragraphs 14 and 37 of Schedule 3 to the Pensions (Northern Ireland) Order 1995; section 48 is amended by paragraph 39 of Schedule 3 to that Order and section 49 is amended by paragraph 40 of Schedule 3 to that Order

(5)

Section 51(2) was substituted by Article 138(1) of the Pensions (Northern Ireland) Order 1995

(6)

Section 53(4) is amended by paragraph 14 of Schedule 3 to the Pensions (Northern Ireland) Order 1995; section 56(4) is amended by paragraph 46(b) of Schedule 3 to that Order and section 57(8) is amended by paragraph 47(b) of Schedule 3 to that Order