Non-application of the subsisting rights provisions
3. For the purposes of Article 67(3)(b), the prescribed manner of the exercise of any modification power in relation to a scheme to which the subsisting rights provisions do not apply is any modification of a scheme—
(a)which provides for any or all of a member’s or survivor’s subsisting rights to—
(i)be assigned;
(ii)be commuted;
(iii)be surrendered;
(iv)be charged;
(v)have a lien exercised in respect of them, or
(vi)have a set-off exercised in respect of them,
provided that a modification in such a manner is not prohibited under Article 89 (1) (inalienability of occupational pension), any other statutory provision or other rule of law;
(b)which provides for any or all of a member’s or survivor’s subsisting rights to be forfeited provided that a modification in such a manner is not prohibited under Article 90(2) (forfeiture, etc.), any other statutory provision or other rule of law;
(c)to provide for the revaluation of an earner’s earnings factors in accordance with section 12(1) or (2) of the Pension Schemes Act (revaluation of earnings factors for purposes of section 10: early leavers, etc.);
(d)which provides for the rate of pension or annuity provided in respect of subsisting rights which are protected rights—
(i)to be calculated on the basis that the member will not, in the event of his death, be survived by a widow, widower or surviving civil partner, and
(ii)provides that the member must consent to the calculation of his pension or annuity being on that basis;
(e)which provides for the transfer of a member’s or survivor’s subsisting rights—
(i)with his consent, or
(ii)without his consent in accordance with the conditions specified in regulation 12 of the Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991(3) (transfer of member’s accrued rights without consent);
(f)which ensures that any payment made by the scheme, relating to rights which accrued on or after 6th April 2006, is not an unauthorised member payment;
(g)which ensures that the scheme administrator can pay—
(i)any short service refund lump sum charge or special lump sum death benefits charge under sections 205 and 206 of the 2004 Act (short service refund lump sum charge and special lump sum death benefits charge) for which it is liable,
(ii)any lifetime allowance charge for which, under section 217 of the 2004 Act (persons liable to charge), it is jointly and severally liable with the individual (to whom the charge relates);
(h)which has the same effect as any or all of the modifications in regulations 3 to 8 of the 2006 Regulations (modification of rules of existing schemes), but without limitation to the transitional period, or
(i)which provides in relation to all or part of a member’s subsisting rights that after his death—
(i)a surviving civil partner is treated in the same way as a widow or widower, and
(ii)the rights of any other survivor of the member are determined as if the surviving civil partner were a widow or widower.
Article 89 was amended by paragraph 46 of Schedule 9 and Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, Article 243 of the Pensions (Northern Ireland) Order 2005 and paragraph 24 of the Schedule to S.R. 2005 No. 434
Article 90 was amended by paragraph 47 of Schedule 9 and Schedule 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph 25 of the Schedule to S.R. 2005 No. 434
S.R. 1991 No. 37; regulation 12 was amended by regulation 35 of S.R. 1992 No. 304, regulation 2 of S.R. 1993 No. 324, paragraph 26(16) of Schedule 2 to S.R. 1994 No. 300, regulation 3(4) of S.R. 1995 No. 441, regulation 2(7) of S.R. 1996 No. 620, paragraph 3(3) of the Schedule to S.R. 1997 No. 160, regulation 2 of S.R. 1999 No. 378 and regulation 27 of S.R. 2000 No. 262