The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014

PART 8 Information about winding up

Personal pension schemes that have begun winding up

23.—(1) The information mentioned in paragraph (3) must be given to members, except excluded persons, in accordance with this regulation.

(2) The information must be given where a decision has been made to wind up the scheme or to cease accepting contributions or to cause the scheme to cease to manage the contributions already paid to it (“the decision”).

(3) The information is—

(a) notification of the decision;

(b) the information listed in paragraphs 11 to 13 of Schedule 8;

(c) the information listed in paragraph 14 of Schedule 8 where the scheme is unable to meet in full its liabilities to its members.

(4) The information must be given as soon as practicable after the decision and, in any event—

(a) the notification referred to in paragraph (3)(a) must be given within one month, and

(b) the information mentioned in paragraph (3)(b) and (c) must be given within 4 months,

of the decision.

Occupational pension schemes during winding up

24.—(1) The information mentioned in paragraph (2) must be given to members and beneficiaries of the scheme, except excluded persons, in accordance with this regulation where the trustees have begun to wind up the scheme.

(2) The information is the information listed in—

(a) Part 1 of Schedule 8;

(b) paragraphs 5, 6 and 7 of that Schedule;

(c) Part 4 of that Schedule.

(3) Where the trustees begin to wind up the scheme on a date on or after 6th April 2014—

(a) the information mentioned in paragraph (2)(a) must be given as soon as practicable and in any event within no more than one month of that date, and

(b) the information mentioned in paragraph (2)(b) must be given within every 12 months of the date information was given under sub-paragraph (a) until the trustees complete winding up the scheme.

(4) Where the trustees began to wind up the scheme before 6th April 2014, the information mentioned in paragraph (2)(b) must be given within 12 months of 6th April 2014 and within every 12 months thereafter until the trustees complete winding up the scheme.

(5) Where a request is made for the information mentioned in paragraph (2)(c), it must be given within 2 months of the date the request is made.

(6) For the purposes of this regulation, the date the trustees begin to wind up the scheme is to be determined—

(a) in a case where regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996(1) (commencement of winding up) applies, in accordance with that regulation, and

(b) in any other case, in accordance with Article 121(4)(2) and (5) of the 1995 Order.

(7) Where a scheme is a sectionalised scheme, this regulation applies as if—

(a) each section of the scheme were a separate scheme, and

(b) the members of each section were the members of a separate scheme.

(8) For the purposes of paragraph (7), a sectionalised scheme is a scheme where—

(a) Part 4 of the 2005 Order applies to the scheme as if a section of a scheme were a separate scheme by virtue of paragraph 1 of Schedule 2 to the Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 2005(3) (sectionalised multi-employer schemes), or

(b) Part 4 of the 2005 Order does not apply to the scheme, but would apply in that way if it did.

Occupational pension schemes after winding up for individual members

25.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation where—

(a) the scheme is being wound up, and

(b) the trustees or managers of the scheme have done what they can to discharge the scheme’s liabilities for a particular member or beneficiary of the scheme.

(2) The information is—

(a) the information listed in Part 2 of Schedule 8, and

(b) where the member or beneficiary of the scheme is, for the time being—

(i) entitled to payment of benefits, the information listed in paragraphs 6 and 7 of Schedule 7, or

(ii) except in relation to money purchase benefits, not entitled to payment of benefits, the information listed in paragraph 16 of Schedule 8.

(3) The information mentioned in paragraph (2) must be given to the member or beneficiary of the scheme except that an excluded person need not be given the information mentioned in paragraph (2)(b)(ii).

(4) The information must be given as soon as practicable after, and in any event within no more than 3 months of, the date paragraph (1)(b) is satisfied.

(1)

S.R. 1996 No. 621; regulation 2 was amended by paragraph 1 of the Schedule to S.R. 2005 No. 171

(2)

Paragraphs (4) and (5) were added by section 45(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by paragraph 63(3) and (4) of Schedule 10 to the Pensions (Northern Ireland) Order 2005

(3)

S.R. 2005 No. 268