The Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 and shall come into operation on 6th April 2008.

(2) In these Regulations any reference to a numbered Article is a reference to the Article of the Pensions (Northern Ireland) Order 1995 bearing that number.

(3) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Information requirements

2.—(1) When the trustees or managers of an occupational pension scheme receive (or, as the case may be, the specified person(2) receives) an application under the relevant procedure, they must as soon as is reasonably practicable—

(a) inform the applicant that TPAS (the Pensions Advisory Service)(3) is available to assist members and beneficiaries of the scheme in connection with any difficulty with the scheme, and

(b) give the applicant the contact details for TPAS.

(2) For the purposes of paragraph (1)—

(a) the relevant procedure is a procedure for the application for the resolution of a pension dispute under Article 50(4) (requirement for dispute resolution arrangements), and

(b) “member” has the meaning given to it in Articles 121(1)(4) (interpretation of Part II) and 122(4) (Article 121: supplementary).

(3) When the trustees or managers of an occupational pension scheme notify the applicant of their decision on the matters in dispute in accordance with Article 50(5)(b), the notification shall include—

(a) a statement that the Pensions Ombudsman appointed under section 145(2) of the Pension Schemes Act 1993(5) may investigate and determine any complaint or dispute of fact or law, in relation to a scheme made or referred in accordance with the Pension Schemes (Northern Ireland) Act 1993, and

(b) the Pensions Ombudsman’s contact details.

Exempted schemes

3.  An occupational pension scheme of a description prescribed for the purposes of Article 50(8)(c) is a scheme in relation to which the sole trustee of the scheme is a company and all members of the scheme are directors of that company.

Exempted disputes

4.  A dispute of a description prescribed for the purposes of Article 50(9)(c) is a dispute in respect of which a notice of appeal has been issued by the complainant in accordance with—

(a) regulation H2 of the Royal Ulster Constabulary Pensions Regulations 1988(6) (appeal to medical referee);

(b) regulation 30 of the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006(7) (appeal to independent medical referee);

(c) rule 2 of Part 6 of the Firefighters’ Compensation Scheme (Northern Ireland) 2007 set out in the Annex to the Firefighters’ Compensation Scheme Order (Northern Ireland) 2007(8) (appeal to medical referee);

(d) article 66 of the Firefighters’ Pension Scheme (Northern Ireland) 2007 set out in the Annex to the Firefighters’ Pension Scheme Order (Northern Ireland) 2007(9) (appeal against opinion on a medical issue);

(e) article 47 of the New Firefighters’ Pension Scheme (Northern Ireland) (appeal against opinion on a medical issue) set out in the Annex to the New Firefighters’ Pension Scheme Order (Northern Ireland) 2007(10), or

(f) regulation 68 of the Police Pension (Northern Ireland) Regulations 2007(11) (appeal to independent medical referee).

Transitional provisions

5.—(1) Any disagreement which was ongoing before 6th April 2008 under arrangements made and implemented under Article 50(1) shall continue until the procedure under those arrangements comes to an end, as if the relevant legislative provisions governing those arrangements were still in operation.

(2) For the purposes of paragraph (1) the relevant legislative provisions are—

(a) Article 50 as it was in operation immediately before 6th April 2008, and

(b) the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations (Northern Ireland) 1996(12).

(3) In the case of any relevant application, regulation 3 of the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations (Northern Ireland) 1997(13) (exclusion from jurisdiction: use of internal disputes procedure) shall apply as it had effect before 6th April 2008.

(4) For the purposes of paragraph (3), “relevant application” means an application concerning a complaint or dispute made—

(a) to an occupational pension scheme under the arrangements required by Article 50, and

(b) before 6th April 2008.

Consequential and miscellaneous amendments

6.—(1) In regulation 3 of the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations (Northern Ireland) 1997 (exclusion from jurisdiction: use of internal disputes procedure)—

(a) in paragraph (1) for “the arrangements required by Article 50(2)(b)” substitute “Article 50(5)(b)”, and

(b) in paragraph (2) for “Article 50(2)(a) or (b)” substitute “Article 50(5)(b)”.

(2) In Schedule 1 to the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997(14) (basic information about the scheme)—

(a) in paragraph 25 for “Article 50(7)” substitute “Article 50(8)”, and

(b) in paragraph 26(15) for “OPAS”, in both places where it occurs, substitute “TPAS”.

(3) In the table in Schedule 2 to the Stakeholder Pension Schemes Regulations (Northern (Ireland) 2000(16) (regulations applying to schemes which are or have been registered under Article 4)—

(a) omit the entry relating to the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations (Northern Ireland) 1996(17), and

(b) at the end add—

“The Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008

The whole of the Regulations”.

Revocations

7.  The provisions specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).

Sealed with the Official Seal of the Department for Social Development on 13th March 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development