The Occupational Pension Schemes (Employer Debt: Apportionment Arrangements) (Amendment) Regulations (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Occupational Pension Schemes (Employer Debt) Regulations (Northern Ireland) 2005 (“the 2005 Regulations”) which make provision where debts arise under Article 75 of the Pensions (Northern Ireland) Order 1995 (“the 1995 Order”) in respect of occupational pension schemes.

The 2005 Regulations were amended by the Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 132) (“the 2008 Regulations”) which came into operation on 6th April 2008. These Regulations correct an omission from the 2008 Regulations, amend a cross-reference with a view to clarifying its intention and make minor grammatical corrections.

Regulation 2(2) amends the definition of “scheme apportionment arrangement” in regulation 2(1) of the 2005 Regulations to provide that the employer, or in an applicable case any employer to whom all or part of the employer’s liability has been apportioned, must consent to the arrangement.

Regulation 2(3) inserts the same provision for the agreement of those employers in the case of a regulated apportionment arrangement in respect of a scheme in relation to which the Pension Protection Fund assessment period has not yet commenced, by amending regulation 7A(1)(b) of the 2005 Regulations (which is where the requirement for the trustees’ agreement to the arrangement is found).

Regulation 2(4) amends regulation 16(2) of the 2005 Regulations by replacing the reference to “regulation 6(2)” with a reference to “regulation 6(2)(a) or (b)”, to clarify that regulation 16 permits a modification to scheme rules for the purposes of enabling a scheme apportionment arrangement or a regulated apportionment arrangement.

Regulation 2(5) makes minor grammatical corrections to Schedule 1A to the 2005 Regulations.

As these Regulations make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Work and Pensions in relation to Great Britain, the requirement to consult under Article 117(1) of the 1995 Order does not apply by virtue of paragraph (2)(e) of that Article.