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The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2006

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Amendment of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations

4.—(1) The Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations (Northern Ireland) 1997(1) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 1 (citation, commencement and interpretation) after paragraph (3) there shall be added the following paragraphs—

(4) Notwithstanding section 24(1) of the Interpretation Act (Northern Ireland) 1954(2), a notice under regulation 2(4) may be sent by ordinary post to a member.

(5) For the purposes of these Regulations, and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954 where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period..

(3) In regulation 2 (commutation of a pension under an occupational pension scheme)—

(a)for paragraph (1A)(3) there shall be substituted the following paragraph—

(1A) There are also prescribed for the purposes of Article 89(5)(c)(iii) the circumstances where—

(a)the rights of the member consist only of rights derived from equivalent pension benefits under Part III of the National Insurance Act (Northern Ireland)1966(4), and

(b)either—

(i)the member has consented to the commutation, or

(ii)he has not consented but the conditions in paragraph (4) are satisfied., and

(b)after paragraph (3) there shall be added the following paragraph—

(4) For the purposes of paragraph (1A)(b)(ii), the conditions are that—

(a)the trustees or managers of the scheme have sent to the member’s last known address written notice of their intention to commute his rights from equivalent pension benefits under Part III of the National Insurance Act (Northern Ireland) 1966, and

(b)no response has been received from the member before the end of the period of two months beginning with the date on which the notice was sent..

(1)

S.R. 1997 No. 153; relevant amending regulations are S.R. 2002 No. 109 and S.R. 2005 No. 171

(3)

Paragraph (1A) was inserted by regulation 8 of S.R. 2002 No. 109

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