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.