The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2011

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 and shall come into operation—

(a) for the purposes of this regulation and regulation 7, on 31st March 2011, and

(b) for all other purposes, on 6th April 2011.

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

Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations

2.  In paragraph 15 of Schedule 1 to the Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987(2) (basic information about the scheme) for “the Occupational Pensions Advisory Service Limited” substitute “the Pensions Advisory Service”(3).

Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations

3.—(1) The Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991(4) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 12 (transfer of member’s accrued rights without consent)—

(a) for paragraph (3)(5) substitute—

“(3) The condition set out in this paragraph is that—

(a) the relevant actuary(6) gives a certification, by completing the certificate in Schedule 3, in relation to the member’s rights in the receiving scheme;

(b) the relevant actuary sends that certificate to the trustees or managers of the transferring scheme;

(c) the transfer takes place within 3 months of the date of the relevant actuary’s signature in the certificate; and

(d) there are no significant changes to the benefits, data and documents used in making the certificate (see the benefits, data and documents specified in the certificate) by the date on which the transfer takes place.”;

(b) in paragraph (4) for “paragraph (3)(a)” substitute “making the certification in paragraph 1 of the certificate in Schedule 3”;

(c) in paragraph (4A) for “paragraph (3)(b)” substitute “making the certification in paragraph 2 of the certificate in Schedule 3”.

(3) After Schedule 2 (revocations) add Schedule 3 as set out in Schedule 1 to these Regulations.

Amendment of the Protected Rights (Transfer Payment) Regulations

4.—(1) The Protected Rights (Transfer Payment) Regulations (Northern Ireland) 1996(7) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 3C(8)(8) (transfer payment to a money purchase contracted-out scheme or the money purchase part of a mixed benefit contracted-out scheme without the member’s consent) for sub-paragraph (b) substitute—

“(b) the relevant actuary gives a certification, by completing the certificate in Schedule 3, in relation to the member’s protected rights in the receiving scheme;

(ba) the relevant actuary sends that certificate to the trustees or managers of the transferring scheme;

(bb) the transfer takes place within three months of the date of the relevant actuary’s signature in the certificate;

(bc) there are no significant changes to the benefits, data and documents used in making the certificate (see the benefits, data and documents specified in the certificate) by the date on which the transfer takes place, and”.

(3) After Schedule 2 (transitional provisions) add Schedule 3 as set out in Schedule 2 to these Regulations.

Amendment of the Pension Sharing (Pension Credit Benefit) Regulations

5.—(1) The Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000(9) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 10 (transfer of a person’s pension credit rights without consent)—

(a) for paragraph (3) substitute—

“(3) The condition set out in this paragraph is that, subject to paragraph (6)—

(a) the relevant actuary gives a certification, by completing the certificate in the Schedule, in relation to the person’s pension credit rights in the receiving scheme;

(b) the relevant actuary sends that certificate to the trustees or managers of the transferring scheme;

(c) the transfer takes place within 3 months of the date of the relevant actuary’s signature in the certificate, and

(d) there are no significant changes to the benefits, data and documents used in making the certificate (see the benefits, data and documents specified in the certificate) by the date on which the transfer takes place.”;

(b) in paragraph (4) for “paragraph (3)(b)” substitute “making the certification in paragraph 2 of the certificate in the Schedule”.

(3) At the end add the Schedule as set out in Schedule 3 to these Regulations.

Amendment of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations

6.  In regulation 7 of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006(10) (notifications to employers and duty to consult)—

(a) in paragraph (2)—

(i) in sub-paragraph (a) for “(7), or” substitute “(7);”;

(ii) after sub-paragraph (b) add—

“or

(c) where the person proposing the change employs all the affected members.”;

(b) for paragraph (3) substitute—

“(3) A relevant employer(11) must consult about the listed change in accordance with regulations 11 to 16 if—

(a) that employer (“E”) employs all the affected members, or

(b) E’s employees appear to E to include affected members and E is a relevant employer who—

(i) has been notified under paragraph (1), or

(ii) falls within paragraph (2)(b).”.

Amendment of the Occupational Pension Schemes (Fraud Compensation Levy) Regulations

7.  In regulation 3(3)(b) of the Occupational Pension Schemes (Fraud Compensation Levy) Regulations (Northern Ireland) 2006(12) (the fraud compensation levy) for “23 pence” substitute “75 pence”.

Revocations

8.  Regulation 2(a) of the Occupational Pension Schemes (Preservation of Benefit) (Amendment) Regulations (Northern Ireland) 1999(13) is revoked.

Sealed with the Official Seal of the Department for Social Development on 10th March 2011

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development