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The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010

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Quality requirements: non-UK occupational pension schemes

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45.—(1) A money purchase scheme within section 18(b) or (c) (occupational pension schemes) satisfies the quality requirement for the purposes of section 25 in relation to a jobholder—

(a)if it satisfies the requirements for a money purchase scheme under section 20(1), or

(b)if Article 6 of Directive 98/49/EC of the European Council of 29th June 1998 on safeguarding the supplementary pension rights of employed and self employed persons moving within the Community(1) applies in relation to the jobholder and the scheme is a supplementary pension scheme within the meaning given by Article 3(b) of that Directive.

(2) For the purposes of paragraph (1), section 20(1) is to be read as if for “that has its main administration in the United Kingdom” there were substituted “within section 18(b) or (c)”.

(3) A defined benefits scheme within section 18(b) or (c) satisfies the quality requirement for the purposes of section 25 in relation to the jobholder—

(a)if it satisfies the requirements for a defined benefits scheme under sections 21 to 23, or

(b)if Article 6 of Directive 98/49/EC of the European Council of 29th June 1998 on safeguarding the supplementary pension rights of employed and self employed persons moving within the Community applies in relation to the jobholder and the scheme is a supplementary pension scheme within the meaning given by Article 3(b) of that Directive.

(4) For the purposes of paragraph (3), section 21 is to be read as if for “that has its main administration in the United Kingdom” there were substituted “within section 18(b) or (c)”.

(5) Section 24 (quality requirement: UK hybrid schemes) applies to any hybrid scheme within section 18(b) or (c) as it applies to a hybrid scheme that has its main administration in the United Kingdom.

(6) For the purposes of paragraph (5)—

(a)the reference in section 24(1)(a) to the requirements for a money purchase scheme under section 20, and

(b)the reference in section 24(1)(b) to the requirements for a defined benefits scheme under sections 21 to 23,

are to be read subject to the modifications made by paragraphs (2) and (4).

(7) Accordingly, a hybrid scheme within section 18(b) or (c) satisfies the quality requirement for the purposes of section 25 in relation to the jobholder if the scheme falls within a description of hybrid schemes specified in any rule made under section 24(2) to (4) and either—

(a)the scheme satisfies such of the requirements referred to in paragraph (6)(a) or (b) as the rule in question may specify as being appropriate to schemes of that description, subject to any prescribed modification of those requirements which is referred to in that rule, or

(b)the requirement is that Article 6 of Directive 98/49/EC of the European Council of 29th June 1998 on safeguarding the supplementary pension rights of employed and self employed persons moving within the Community applies in relation to the jobholder and the scheme is a supplementary pension scheme within the meaning given by Article 3(b) of that Directive.

(1)

OJ L 209, 25.7.1998 p.46-49

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