3. After regulation 7 of the Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006(1) (modification of schemes: surviving civil partners) insert—
7A.—(1) The trustees of a trust scheme may by resolution passed before 6th April 2018 modify the scheme for the purposes of removing all or part of a scheme rule which makes special provision in relation to the protected rights of members, and which no longer reflects a statutory provision as a result of the coming into operation of provisions contained within—
(a)section 13(1) of, and Schedule 4 to, the Pensions Act (Northern Ireland) 2008(2) (abolition of contracting-out for defined contribution pension schemes);
(b)section 85 of, and Part 3 of Schedule 10 to, the Pensions (No. 2) Act (Northern Ireland) 2008(3) (contracting-out: abolition of all protected rights);
(c)the Pensions (2008 Act) (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Provisions) Regulations (Northern Ireland) 2012(4), or
(d)the Pensions (2008 No. 2 Act) (Abolition of Protected Rights) (Consequential Provisions) Order (Northern Ireland) 2012(5).
(2) Modifications made by resolution under paragraph (1)—
(a)must only have effect from a date on or after the date of the coming into operation of the provisions specified in paragraph (1)(a) to (d) to which those modifications relate, and
(b)may have effect from a date before the resolution is passed.
(3) A resolution passed under paragraph (1) is without prejudice to a member’s money purchase benefits under the scheme (including any payments that become money purchase benefits under section 27(6) of the Pension Schemes Act (investment and resources of schemes) on or after 6th April 2012).
(4) In this regulation “protected rights” has the meaning given in section 176(1)(7) of the Pension Schemes Act (general interpretation).”.
S.R. 2006 No. 149 to which there are amendments not relevant to these Regulations
2008 c. 1 (N.I.); Schedule 4 is amended by Parts 2 and 3 of Schedule 10 to the Pensions (No. 2) Act (Northern Ireland) 2008 (2008 c. 13 (N.I.)) and Article 7 of S.R. 2012 No. 124
Section 27 was amended by paragraph 29 of Schedule 3 to the Pensions (Northern Ireland) Order 1995 and paragraph 46 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)
The definition of “protected rights” is amended by Article 4(24)(a) of S.R. 2012 No. 124