1. These Regulations may be cited as the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 and shall come into operation on 6th April 2010.
2. In regulation 60(1)(b) of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996(1) (payment of a guaranteed minimum pension as a lump sum)—
(a)omit “permitted either”;
(b)in heads (i) and (ii) at the beginning insert “permitted”;
(c)in head (i)—
(i)at the end of sub-head (aa) insert “or”;
(ii)omit sub-head (cc);
(d)after head (ii) add—
“or
(iii)made by a registered pension scheme (within the meaning given in section 150(2) of that Act), is a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009(2) (commutation payments) and is made to or in respect of a member.”.
3.—(1) The Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996(3) are amended in accordance with paragraphs (2) and (3).
(2) In regulation 1 (interpretation) for paragraph (5)(4) substitute—
“(5) In these Regulations references to BAS standards are to guidance or standards adopted or prepared, and from time to time revised, by the Board for Actuarial Standards(5) which are relevant to the determination, calculation and verification of the amount or value of the liabilities of the scheme to which Article 73 applies.”.
(3) In regulation 4(1)(6) (calculation of the value or amount of scheme assets and liabilities) for sub-paragraph (d) substitute—
“(d)otherwise in accordance with any relevant BAS standards.”;
4. In regulation 3 of the Pension Sharing (Valuation) Regulations (Northern Ireland) 2000(7) (calculation and verification of cash equivalents for the purposes of the creation of pension debits and credits)—
(a)in paragraph (a) for “regulations 4 and 5” substitute “regulation 4”;
(b)in paragraph (b) for “regulations 6 and 7” substitute “regulations 5 and 7”.
5. For regulation 15 of the Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 2005(8) (guidance relating to actuarial advice) substitute—
15. When advising the trustees or managers of a scheme on any of the matters specified in Article 209(1), the actuary shall have regard to any guidance or standards adopted or prepared, and from time to time revised, by the Board for Actuarial Standards(9) which are relevant to the matters specified in that Article.”.
6. In regulation 8 of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006(10) (listed changes: occupational pension schemes)—
(a)in paragraph (3) after sub-paragraph (d) add—
“(e)to change what elements of pay constitute pensionable earnings, or to change the proportion of or limit the amount of any element of pay that forms part of pensionable earnings, for or in respect of members or members of a particular description.”;
(b)after paragraph (4) add—
“(5) “Pensionable earnings” means the earnings by reference to which pension benefits are calculated, and an “element of pay” includes basic salary, a pay rise, an overtime payment and a bonus payment.”.
7. After regulation 6 of the Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006(11) (modification of schemes: 2004 Act) insert—
6A.—(1) Paragraph (2) applies where any power to amend the rules of an existing trust scheme, as those rules stood immediately before 6th April 2006, is subject to the agreement, consent, approval or confirmation of continued approval, of the scheme by—
(a)the Inland Revenue, the Board of Inland Revenue, the Commissioners of Inland Revenue, or any officer of any of them (whether referred to as such or by reference to another title), or
(b)Her Majesty’s Revenue and Customs, the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs.
(2) Where this paragraph applies, the trustees of a trust scheme may by resolution modify the power of amendment mentioned in paragraph (1) so as to remove that requirement for agreement, consent, approval or confirmation of continued approval.
(3) Paragraph (4) applies where (apart from this regulation) the trustees of an existing trust scheme do not have power to make such alterations to the scheme as may be required to remove any requirement in the scheme rules, as they stood immediately before 6th April 2006, for the agreement, consent, approval or confirmation of continued approval, of the scheme by any of the bodies or persons mentioned in paragraph (1)(a) and (b).
(4) Where this paragraph applies, the trustees of a trust scheme may by resolution amend the rules of the scheme so as to remove that requirement for agreement, consent, approval or confirmation of continued approval.”.
8. The following provisions are revoked—
(a)paragraphs 6(b) and 15(b) of the Schedule to the Occupational and Personal Pension Schemes (Prescribed Bodies) Regulations (Northern Ireland) 2007(12);
(b)paragraphs 4 and 5 of the Schedule to the Pensions (2008 Act) (Actuarial Guidance) (Consequential Provisions) Order (Northern Ireland) 2008(13);
(c)regulation 4(3)(c) and (d) of the Occupational and Personal Pension Schemes (Authorised Payments) Regulations (Northern Ireland) 2009(14).
Sealed with the Official Seal of the Department for Social Development on 16th March 2010
(L.S.)
Anne McCleary
A senior officer of the Department for Social Development