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The Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2005

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Amendment of the Pension Protection Fund (Compensation) Regulations

8.—(1) The Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005(1) shall be amended in accordance with paragraphs (2) to (7).

(2) In regulation 1 (citation, commencement and interpretation) —

(a)in paragraph (2)—

(i)after the definition of “the Order” there shall be inserted the following definition—

“the assessment date” means the date on which the assessment period in relation to the scheme or section, or (where there has been more than one such assessment period) the last one, began;;

(ii)after the definition of “employment” there shall be inserted the following definition—

“non-segregated scheme” means a multi-employer scheme which is not a segregated scheme;;

(iii)after the definition of “qualifying course” there shall be inserted the following definitions—

“the register” means the system for keeping records provided under section 30(2) of the Civil Partnerships Act 2004(2) (the Registrar General and the register);

“relevant partner” means a person of either sex who was not married to, or in a civil partnership with, the member and who was living with the member as if that person and the member were husband and wife; and, for the purposes of these Regulations, two adults of the same sex are to be regarded as living together as husband and wife if, but only if, they would be regarded as living together as husband and wife were they instead two adults of opposite sex;;

(iv)after the definition of “scheme” there shall be inserted the following definition—

“segregated scheme” means a multi-employer scheme which is divided into two or more sections where—

(a)

any contributions payable to the scheme by an employer in relation to the scheme or by a member are allocated to that employer’s or that member’s section, and

(b)

a specified proportion of the assets of the scheme is attributable to each section of the scheme and cannot be used for the purposes of any other section;; and

(v)the definition of “relevant partner” after the definition of “transferor” shall be omitted; and

(b)for paragraphs (3) and (4) there shall be substituted the following paragraphs—

(3) In these Regulations “employer”, in relation to—

(a)an occupational pension scheme which is not a multi-employer scheme; or

(b)a single-employer section of a segregated scheme,

which has no active members, includes the person who was the employer of persons in the description of employment to which the scheme or section relates immediately before the time at which the scheme or section ceased to have any active members in relation to it.

(4) In these Regulations “employer”, in relation to a non-segregated scheme or a multi-employer section of a segregated scheme—

(a)in an assessment period, includes any person who before the assessment date has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—

(i)condition A is that a debt under Article 75 of the 1995 Order became due from that employer and the full amount of the debt has been paid before the assessment date;

(ii)condition B is that—

(aa)such a debt became due;

(bb)a legally enforceable agreement has been entered into the effect of which is to reduce the amount which may be recovered in respect of the debt; and

(cc)the reduced amount has been paid in full before the assessment date;

(iii)condition C is that such a debt became due but before the assessment date it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;

(iv)condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due;

(b)in any other case, includes any person who has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—

(i)condition A is that a debt under Article 75 of the 1995 Order became due from that employer and the full amount of the debt has been paid;

(ii)condition B is that—

(aa)such a debt became due;

(bb)a legally enforceable agreement has been entered into the effect of which is to reduce the amount which may be recovered in respect of the debt; and

(cc)the reduced amount has been paid in full;

(iii)condition C is that such a debt became due but it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;

(iv)condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due..

(3) In regulation 3 (circumstances where a widow or widower is not entitled to periodic compensation) for “where there is no provision to pay a survivor’s pension under the admissible rules of the scheme.” there shall be substituted—

  • where there is—

    (a)

    a valid nomination made by the member in accordance with either—

    (i)

    the admissible rules of the scheme, or

    (ii)

    regulation 4(2)(a),

    to pay a survivor’s pension to a relevant partner, or

    (b)

    no provision to pay a survivor’s pension under the admissible rules of the scheme..

(4) In regulation 4 (compensation for surviving dependants)—

(a)in paragraph (2) at the beginning there shall be inserted “Subject to paragraph (2A),”; and

(b)after paragraph (2) there shall be inserted the following paragraphs—

(2A) No compensation may be paid under paragraph (2) where the member had a civil partner, or a spouse, at the date of his death, and there is no valid nomination in favour of the relevant partner.

(2B) Subject to paragraph (2C), in the case of a civil partner, the circumstances are—

(a)where there is provision to pay a survivor’s pension to a civil partner or spouse of the member under the admissible rules of the scheme (whether discretionary or otherwise);

(b)the surviving civil partner has provided the Board, or during the assessment period the trustees or managers of the eligible scheme, with a certified copy of the entry in the register relating to the civil partnership, and

(c)the civil partnership was still in existence at the date of the member’s death.

(2C) No compensation may be paid under paragraph (2B) where there is a valid nomination made by the member in accordance with either—

(a)the admissible rules of the scheme, or

(b)regulation 4(2)(a),

to pay a survivor’s pension to a relevant partner..

(5) In regulation 5 (amount and duration of periodic compensation in the case of relevant partners) after “compensation is payable to a relevant partner” there shall be inserted “or civil partner,”.

(6) In regulation 6(2) and (3) (amount of periodic compensation that can be paid in the case of surviving dependants) for “surviving spouse or relevant partner” there shall be substituted “surviving spouse, relevant partner or civil partner”.

(7) In regulation 7 (period of payment) for “25”, in each place where it occurs, there shall be substituted “23”.

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