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The Pensions (2015 Act) (Savings) Order (Northern Ireland) 2016

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1.—(1) This Order may be cited as the Pensions (2015 Act) (Savings) Order (Northern Ireland) 2016 and shall come into operation on 6th April 2016.

(2) Article 2(1), (2) and (5) ceases to have effect on 6th April 2019.

(3) In this Order—

the Act” means the Pensions Act (Northern Ireland) 2015;

“contracted-out employment” and “contributions equivalent premium” have the meanings given in section 176(1)(1) of the Pension Schemes Act;

“earner” has the meaning given in section 176(1)(2) of the Pension Schemes Act;

HMRC” means the Commissioners for Her Majesty’s Revenue and Customs;

PPF assessment period” means an assessment period within the meaning of Article 116 of the 2005 Order in relation to the Board of the Pension Protection Fund;

“reference scheme minimum benefit” means a salary related benefit which is defined by reference to section 8B(3) of the Pension Schemes Act (reference scheme) and which, under the provisions of the scheme, shall be provided as a minimum pension payable to the member;

“salary related contracted-out scheme” and “the second abolition date” have the meanings given in section 176(1)(4) of the Pension Schemes Act.

Savings

2.—(1) The provisions of the Pension Schemes Act specified in paragraph (2) and repealed by paragraphs 5, 8 to 11, 22, 28, 29, 36, 37 and 45(2) and (4) of Schedule 13 to the Act (abolition of contracting-out for salary related schemes) continue to have effect, despite those repeals, for the purposes of allowing or requiring the trustees or managers of a scheme that was a salary related contracted-out scheme, and HMRC, to carry out any necessary activity relating to any period of contracted-out employment which occurred before the second abolition date.

(2) The provisions are—

(a)section 3(5) (issue of contracting-out certificates);

(b)section 5(6) (requirements for certification of schemes: general);

(c)section 7(7) (elections as to employments covered by contracting-out certificates);

(d)sections 8A to 8D(8) (requirements for certification of occupational pension schemes applying from 6th April 1997);

(e)sections 30(9) to 32 (cancellation, variation, surrender and refusal of certificates);

(f)section 37(10) (reduced rates of Class 1 contributions);

(g)section 49(3)(11) (supervision: former contracted-out schemes);

(h)sections 51 to 64(12) (state scheme premiums);

(i)paragraphs 1 to 4 and 6 to 8(13) of Schedule 1 (certification regulations).

(3) Sections 8A to 8D of the Pension Schemes Act continue to have effect, as if the repeals made by paragraphs 10 and 11 of Schedule 13 to the Act had not been made, in relation to a scheme that was a salary related contracted-out scheme and which provides a reference scheme minimum benefit in order to meet the statutory standard in section 8A, and in relation to the period of a member’s contracted-out employment which ended before or on the second abolition date.

(4) Section 12(2) of the Pension Schemes Act (revaluation of earnings factors for purposes of section 10: early leavers, etc.) continues to have effect, as if it had not been substituted by paragraph 16 of Schedule 13 to the Act, in relation to earners whose service in contracted-out employment ended before the second abolition date.

(5) Section 46(14) of the Pension Schemes Act (powers of HMRC to approve arrangements for scheme ceasing to be certified) continues to have effect, as if that section had not been repealed by paragraph 33 of Schedule 13 to the Act, in relation to a salary related contracted-out scheme which ceased to be such a scheme before the second abolition date.

(6) Sections 51 to 64 of the Pension Schemes Act continue to have effect, as if they had not been repealed by paragraph 37 of Schedule 13 to the Act, for the purposes of allowing or requiring the trustees or managers of a scheme described in paragraph (7) to elect to pay, and pay, a contributions equivalent premium, in relation to members of the scheme whose contracted-out employment ended on or before the second abolition date.

(7) A scheme referred to in paragraph (6) is—

(a)one which started to wind up before the second abolition date, or

(b)one—

(i)which had not started to wind up before the second abolition date;

(ii)which entered a PPF assessment period before 6th April 2016, and where the assessment period continues after 6th April 2019, and

(iii)where the trustees or managers of the scheme elected to pay a contributions equivalent premium after the start of the PPF assessment period but cannot make that payment during the assessment period due to the restriction in Article 119(4)(b) of the 2005 Order (restrictions on winding up, discharge of liabilities etc.).

(8) Section 83(1)(a)(15) of the Pension Schemes Act (general protection principle) continues to have effect, as if sub-paragraph (i) had not been substituted by paragraph 38 of Schedule 13 to the Act, in relation to earners whose service in contracted-out employment ended before the second abolition date.

Sealed with the Official Seal of the Department for Social Development on 4th March 2016

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

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