The Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014

PART 3 Governance

Scheme manager

4.—(1) The Department is the scheme manager for this scheme and any statutory pension scheme that is connected with it(1).

(2) The scheme manager is responsible for managing and administering this scheme and any statutory pension scheme that is connected with it.

(3) A statutory pension scheme that is a defined contributions scheme(2) is not connected with this scheme.

Delegation

5.—(1) The Department may delegate any functions under these Regulations, including this power to delegate.

(2) The scheme manager may delegate any functions under these Regulations, including this power to delegate.

Northern Ireland Civil Service Pension Board: establishment

6.—(1) A pension board (“the Northern Ireland Civil Service Pension Board”) is established(3).

(2) The Northern Ireland Civil Service Pension Board is responsible for assisting the scheme manager—

(a) to secure compliance with—

(i) these Regulations;

(ii) any other legislation relating to the governance and administration of this scheme and any statutory pension scheme that is connected with it; and

(iii) requirements imposed by the Pensions Regulator in relation to this scheme or any statutory pension scheme that is connected with it; and

(b) in the performance of the scheme manager’s functions under these Regulations.

(3) The Northern Ireland Civil Service Pension Board may determine its own procedures, subject to the approval of the scheme manager.

Northern Ireland Civil Service Pension Board: membership

7.—(1) The Northern Ireland Civil Service Pension Board is to consist of the following members who are to be entitled to vote in its proceedings (“voting members”)—

(a) a chair appointed by the scheme manager; and

(b) at least 6, and no more than 16, persons appointed by the chair with the approval of the scheme manager.

(2) The chair cannot be an employer representative or a member representative(4).

(3) Equal numbers of employer representatives and member representatives must be appointed under paragraph (1)(b), including a departmental finance director who is to be treated as an employer representative.

(4) The chair may, with the approval of the scheme manager, appoint up to 4 members of the Northern Ireland Civil Service Pension Board, who are not to be entitled to vote in its proceedings (“non-voting members”).

(5) A non-voting member cannot be an employer representative or a member representative.

(6) A member of the Northern Ireland Civil Service Pension Board is to hold and vacate office in accordance with the terms of that member’s appointment.

(7) In this regulation, “departmental finance director” means—

(a) an accounting officer appointed by the Department under section 9(6) of the Government Resources and Accounts Act (NI) 2001(5); or

(b) a civil servant(6)who has responsibility for the financial management of a government department.

Northern Ireland Civil Service Pension Board: conflicts of interest

8.—(1) Before appointing, or approving the appointment of, any person under regulation 7, the scheme manager must be satisfied that that person does not have a conflict of interest(7).

(2) The scheme manager must be satisfied from time to time that none of the members of the Northern Ireland Civil Service Pension Board has a conflict of interest.

(3) If the scheme manager determines that a member of the Northern Ireland Civil Service Pension Board has a conflict of interest, the scheme manager must terminate the appointment of the member.

(4) A member of the Northern Ireland Civil Service Pension Board, or a person proposed to be appointed as such a member, must provide the scheme manager with any information the scheme manager may reasonably require for the purpose of paragraph (1) or (2).

Payment of fees and expenses

9.  The Department may—

(a) pay fees to or in respect of members of the Northern Ireland Civil Service Pension Board of such amounts as the Department may determine; and

(b) reimburse members of the Northern Ireland Civil Service Pension Board in respect of any reasonable expenses incurred by them in the performance of their duties in relation to this scheme.

Scheme advisory board: establishment

10.—(1) A scheme advisory board is established(8).

(2) The scheme advisory board is responsible for providing advice to the Department, at the Department’s request, on the desirability of making changes to the scheme.

(3) The scheme advisory board may determine its own procedures, subject to the approval of the Department.

Scheme advisory board: membership

11.—(1) The scheme advisory board is to consist of the following members—

(a) a chair appointed by the Department; and

(b) at least 2, and no more than 16, members appointed by the chair with the approval of the Department.

(2) A member of the scheme advisory board is to hold and vacate office in accordance with the terms of that member’s appointment.

Scheme advisory board: conflicts of interest

12.—(1) Before appointing, or approving the appointment of, any person under regulation 11(1), the Department must be satisfied that that person does not have a conflict of interest(9).

(2) The Department must be satisfied from time to time that none of the members of the scheme advisory board has a conflict of interest.

(3) If the Department determines that a member of the scheme advisory board has a conflict of interest, the Department must terminate the appointment of the member.

(4) A member of the scheme advisory board, or a person proposed to be appointed as such a member, must provide the Department with any information the Department may reasonably require for the purpose of paragraph (1) or (2).

(1)

()See section 4(6) of the Act which sets out when statutory pension schemes are “connected”

(2)

()See section 34 of the Act for the meaning of “defined contributions scheme”

(3)

()See section 5(8) of the Act for the meaning of “pension board”

(4)

()See section 5(7) of the Act for the meaning of “employer representatives” and “member representatives”

(5)

2001 c.6

(6)

See Schedule 1, paragraph 1 to the Act for the meaning of “civil servants”

(7)

See section 5(6) of the Act for the meaning of “conflict of interest”

(8)

()See section 7(6) of the Act for the meaning of “scheme advisory board”

(9)

See section 7(5) of the Act for the meaning of “conflict of interest”