SCHEDULES
SCHEDULE 13ABOLOTION OF CONTRACTING-OUT FOR SALARY RELATED SCHEMES
PART 2OTHER STATUTORY PROVISIONS: AMENDMENTS
The Pensions (Northern Ireland) Order 1995 (NI 22)
I157
The 1995 Order is amended as follows.
I258
1
Article 51 (annual increase in rate of pension) is amended as follows.
2
For “the appointed day”
(in each place) substitute “
6 April 1997
”
.
3
For paragraph (8) substitute—
8
An occupational pension scheme is a “relevant occupational pension scheme” if—
a
it has not, at any time on or after 6 April 1997, been a salary related contracted-out scheme (see section 3B of the Pension Schemes Act), or
b
it has, at any time on or after 6 April 1997, been a salary related contracted-out scheme but no person is entitled to receive, or has accrued rights to, benefits under the scheme attributable to a period on or after that day when it was such a scheme.
I359
In Article 54 (Articles 51 to 53: supplementary), in paragraph (3), omit the definition of “the appointed day”.
I460
For Article 69 substitute—
Grounds for applying for modifications: winding up registered schemes69
1
The Authority may, on an application made to them by the trustees of a registered pension scheme which is being wound up, make an order—
a
modifying the scheme for the purpose of enabling assets remaining after the liabilities of the scheme have been fully discharged to be distributed to the employer, or
b
authorising the trustees to modify the scheme for that purpose.
2
But the Authority may act under paragraph (1) only if prescribed requirements in relation to the distribution are satisfied.
3
Regulations may make provision requiring applications under paragraph (1) to meet prescribed requirements.
4
Regulations may provide that in prescribed circumstances this Article does not apply to schemes falling within a prescribed class or description or applies to them with prescribed modifications.
5
In this Article “registered pension scheme” means an occupational pension scheme registered under section 153 of the Finance Act 2004 (other than a public service pension scheme).
I561
In Article 70 (Article 69: supplementary), omit paragraph (3).
I662
In Article 71 (effect of orders under Article 69), in paragraph (1)—
a
for “sub-paragraph (a)” substitute “
sub-paragraph (b)
”
;
b
for “sub-paragraph (b)” substitute “
sub-paragraph (a)
”
.
I763
In Article 72 (modification of public service pension schemes), in paragraph (1), for “Article 69(1)(b)” substitute “
Article 69(1)(a)
”
.
I864
Articles 133(1), (3) and (5), 134(3) and (4) and 145 (amendments to do with contracting-out) are repealed.