The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016

Alteration of scheme rules

11.  The rules of a scheme may be altered in relation to a guaranteed minimum under section 10(1) (earner’s guaranteed minimum) or 13(2) (minimum pensions for widows and widowers) of the 1993 Act only if the alteration would not—

(a) affect any of the matters dealt with in Part 3(3) of the 1993 Act (schemes that were contracted-out etc. and effects on members’ state scheme rights), or any regulations made under that Part, that relate to guaranteed minimum pensions, in a manner that would or might adversely affect any entitlement or accrued rights of any member of the scheme acquired before the alteration takes effect;

(b) affect any of the matters dealt with in sections 83 to 88(4) of the 1993 Act (protection of increases in guaranteed minimum pensions) or sections 105 and 106(5) of the 1993 Act (annual increases of guaranteed minimum pensions) or any matters dealt with in regulations made under any of those provisions.

(1)

Section 10 was amended by paragraph 20 of Schedule 3 to the Pensions (Northern Ireland) Order 1995 and paragraph 41 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and is amended by paragraph 15 of Schedule 13 to the Pensions Act (Northern Ireland) 2015

(2)

Section 13 was amended by paragraph 42 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, paragraph 1 of Schedule 5 and Schedule 9 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, Article 261(2) of the Pensions (Northern Ireland) Order 2005, section 12(2) of the Pensions Act (Northern Ireland) 2008 and paragraph 5 of Schedule 1 to S.R. 2005 No. 433 and is amended by paragraph 17 of Schedule 13 to the Pensions Act (Northern Ireland) 2015

(3)

The heading for Part 3 is amended by paragraph 3 of Schedule 13 to the Pensions Act (Northern Ireland) 2015

(4)

Section 83 was amended by paragraph 28 of Schedule 4 to the Pensions Act (Northern Ireland) 2008 and paragraph 18 of Schedule 1 to S.R. 2005 No. 433. Section 84 was amended by paragraph 19 of Schedule 1 to S.R. 2005 No. 433. Section 85 was amended by paragraph 20 of Schedule 1 to S.R. 2005 No. 433. Section 86 was amended by paragraph 21 of Schedule 1 to S.R. 2005 No. 433

(5)

Section 105 was amended by Article 55 of the Pensions (Northern Ireland) Order 1995 and paragraph 22 of Schedule 1 to S.R. 2005 No. 433. Section 106 was amended by Article 53(4) of the Pensions (Northern Ireland) Order 1995 and paragraph 23 of Schedule 1 to S.R. 2005 No. 433