Citation and commencement
1. These Regulations may be cited as the Occupational and Personal Pension Schemes (Modification of Schemes and Miscellaneous Amendments) Regulations (Northern Ireland) 2016 and shall come into operation on 6th April 2016.
Amendment of the Occupational Pension Schemes (Modification of Schemes) Regulations
2. After regulation 7B of the Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006(1) (amendment of schemes for adjustment measure) insert—
“Modification of schemes: revaluation of guaranteed minimum pensions
7C.—(1) The trustees of a trust scheme may by resolution passed before 6th April 2017 modify the scheme for the purposes of—
(a)revaluing earnings factors for the purposes of section 10(2) of the Pension Schemes Act (earner’s guaranteed minimum) in accordance with section 12(2) of that Act (revaluation of earnings factors for purposes of section 10: early leavers etc.) as substituted by paragraph 16 of Schedule 13 to the Pensions Act (Northern Ireland) 2015, and
(b)where the scheme contains a rule or provision that would require or permit the increases referred to in section 12(3)(3) of the Pension Schemes Act to be applied to an earner whose service in contracted-out employment ceased on the second abolition date with effect from a relevant year before the last service tax year, disapplying that rule or provision to the extent that it does not require or permit such increases.
(2) Modifications made by resolution under paragraph (1)—
(a)must only have effect from 6th April 2016 or such later date as may be specified, and
(b)may have effect from a date before the resolution is passed.
(3) In this regulation—
“contracted-out employment” has the meaning given in section 4(4) of the Pension Schemes Act;
“earnings factors” has the meaning given in section 176(1) of the Pension Schemes Act;
“last service tax year” has the meaning given in section 12(2) of the Pension Schemes Act as substituted by paragraph 16 of Schedule 13 to the Pensions Act (Northern Ireland) 2015;
“relevant year” has the meaning given in section 12(5)(5) of the Pension Schemes Act;
“the second abolition date” has the meaning given in section 3A(6) of the Pension Schemes Act.”.
Amendment of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations
3. In regulation 10(1) of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006(7) (listed changes: exclusions) after sub-paragraph (aa) insert—
“(ab)is made for either or both of the purposes referred to in regulation 7C(1) of the Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006 (modification of schemes: revaluation of guaranteed minimum pensions);”.
Amendment of the Occupational Pension Schemes (Schemes that were Contracted-out) Regulations
4. In regulation 11 of the Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016(8) (alteration of scheme rules)—
(a)omit “would not”;
(b)for paragraphs (a) and (b) substitute—
“(a)would not—
(i)affect any of the matters dealt with in Part 3(9) 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;
(ii)affect any of the matters dealt with in sections 83 to 88(10) of the 1993 Act (protection of increases in guaranteed minimum pensions) or sections 105 and 106(11) of the 1993 Act (annual increases of guaranteed minimum pensions) or any matters dealt with in regulations made under any of those provisions, or
(b)is made for either or both of the purposes referred to in regulation 7C(1) of the Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006 (modification of schemes: revaluation of guaranteed minimum pensions).”.
Sealed with the Official Seal of the Department for Social Development on 10th March 2016
(L.S.)
Anne McCleary
A senior officer of the Department for Social Development