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

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

This section has no associated Explanatory Memorandum

3.—(1) The Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991(1) 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)(2) substitute—

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

(a)the relevant actuary(3) 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.

(1)

S.R. 1991 No. 37; relevant amending Regulations are S.R. 1993 No. 324 and S.R. 1999 No. 378

(2)

Paragraphs (3) and (4) were substituted with paragraphs (3) to (4A) by regulation 2(a) of S.R. 1993 No. 324 and paragraphs (3) and (4A) were amended by regulation 2(a) and (b) of S.R. 1999 No. 378

(3)

The definition of “the relevant actuary” in regulation 12(5) was substituted by regulation 2(c) of S.R. 1999 No. 378