The Welfare Reform and Pensions (Northern Ireland) Order 1999

Pensions (Northern Ireland) Order 1995 (NI 22)

32.  The Pensions Order has effect subject to the following amendments.

33.  In Article 3(2)(a)—

(a) in head (ii), after “values),” there is inserted “Chapter II of Part IVA (pension credit benefit transfer values)”, and

(b) after that head there is inserted

“or

(iii) the following provisions of the Welfare Reform and Pensions (Northern Ireland) Order 1999: Article 30 (time for discharge of pension credit liability) and Article 42 (information),”.

34.—(1) Article 16 is amended as follows.

(2) In paragraphs (1)(a) and (6)(a), before “members” there is inserted

• “qualifying”.

(3) In paragraph (8)—

(a) after “a”, in the second place where that word occurs, there is inserted “qualifying”,

(b) for “a member of the scheme”, in the second place where those words occur, there is substituted “such a member”.

35.  In Article 17(4)(a), before “members” there is inserted “qualifying”.

36.—(1) Article 18 is amended as follows.

(2) In paragraphs (1)(a) and (6)(a), before “members” there is inserted

• “qualifying”.

(3) In paragraph (7)—

(a) after “a”, in the second place where that word occurs, there is inserted “qualifying”,

(b) for “a member of the scheme”, in the second place where those words occur, there is substituted “such a member”.

37.  In Article 20(5), after “a”, in the second place where that word occurs, there is inserted “qualifying”.

38.  In Article 21(6)—

(a) after “Article” there is inserted—

“(a) “qualifying member”, in relation to a trust scheme, means a person who is an active, deferred or pensioner member of the scheme, and

(b)”,

• and

(b) before “members” there is inserted “qualifying”.

39.—(1) Article 38 is amended as follows.

(2) In paragraph (1), for the words from “that the scheme” to the end there is substituted—

“(a) that the scheme is not for the time being to be wound up but that no new members are to be admitted to it, or

(b) that the scheme is not for the time being to be wound up but that no new members, except pension credit members, are to be admitted to it.”.

(3) In paragraph (2), the words from “but” to the end are omitted.

(4) After that paragraph there is inserted—

“(2A) Paragraph (2) does not authorise the trustees to determine—

(a) where there are accrued rights or pension credit rights to any benefit, that the benefit is not to be increased, or

(b) where the power conferred by that paragraph is exercisable by virtue of a determination under paragraph (1)(b), that members of the scheme may not acquire pension credit rights under it.”.

40.  In Article 51(6), after “a pension” there is inserted “which is attributable (directly or indirectly) to a pension credit or”.

41.  In Article 53, after paragraph (3) there is inserted—

“(3A) In paragraphs (1) and (2), the references to a person’s pension do not include any pension which is attributable (directly or indirectly) to a pension credit.”.

42.—(1) Article 67 is amended as follows.

(2) In paragraph (2), for “or accrued right,” there is substituted “accrued right or pension credit right”.

(3) In paragraph (4)(a), for “or accrued rights,” there is substituted

• “accrued rights or pension credit rights”.

(4) For paragraph (5) there is substituted—

“(5) Paragraph (2) does not apply to the exercise of a power—

(a) for a purpose connected with debits under Article 26(1)(a) of the Welfare Reform and Pensions (Northern Ireland) Order 1999, or

(b) in a prescribed manner.”.

43.  In Article 68(2), for “and” at the end of sub-paragraph (d) there is substituted—

“(da) to enable the scheme to accommodate persons with pension credits or pension credit rights, and”.

44.  In Article 73, after paragraph (3) there is inserted—

“(3A) No pension or other benefit which is attributable (directly or indirectly) to a pension credit may be regarded for the purposes of paragraph (3)(a) as derived from the payment of voluntary contributions.”.

45.  In Article 74(3)(b), at the end there is inserted “or pension credit rights”.

46.—(1) Article 89 is amended as follows.

(2) In paragraph (1), for the words from “, or has” to “occupational pension scheme” there is substituted “to a pension under an occupational pension scheme or has a right to a future pension under such a scheme”.

(3) In paragraph (2), for the words from “, or” to “scheme” there is substituted “to a pension under an occupational pension scheme, or right to a future pension under such a scheme,”.

(4) In paragraph (5)—

(a) for the words from “, or has” to “scheme” there is substituted “to a pension under an occupational pension scheme, or has a right to a future pension under such a scheme”,

(b) in sub-paragraph (d), for “accrued right, to pension” there is substituted “right,”, and

(c) in sub-paragraph (e), for “accrued right, to pension” there is substituted “right”.

47.—(1) Article 90 is amended as follows.

(2) In paragraph (1), for the words from “, or” to “scheme” there is substituted “to a pension under an occupational pension scheme or a right to a future pension under such a scheme”.

(3) In paragraph (4), for the words from “person entitled” to “accrued” there is substituted “pensioner, or prospective pensioner”.

48.—(1) Article 91 is amended as follows.

(2) In paragraph (1), for the words from “, or” to “scheme” there is substituted “to a pension under an occupational pension scheme or right to a future pension under such a scheme”.

(3) In paragraph (2)—

(a) for “accrued right to a pension” there is substituted “right”, and

(b) for “accrued right to a pension under the scheme” there is substituted “right”.

(4) In paragraph (4), for “accrued right to a pension” there is substituted

• “right”.

49.  In Article 97(2)—

(a) in sub-paragraph (b), after “values),” there is inserted “Chapter II of Part IVA (pension credit benefit transfer values),”, and

(b) at the end of that sub-paragraph there is inserted—

“(ba) Article 30 (time for discharge of pension credit liability) or 42 (information) of the Welfare Reform and Pensions (Northern Ireland) Order 1999,”.

50.—(1) Article 121 is amended as follows.

(2) In paragraph (1), in the definition of “member”, for “or pensioner” there is substituted “, pensioner or pension credit”.

(3) In that paragraph, after the definition of “payment schedule” there is inserted—

““pension credit” means a credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999,

“pension credit member”, in relation to an occupational pension scheme, means a person who has rights under the scheme which are attributable (directly or indirectly) to a pension credit,

“pension credit rights”, in relation to an occupational pension scheme, means rights to future benefits under the scheme which are attributable (directly or indirectly) to a pension credit,”.

(4) After paragraph (2) there is inserted—

“(2A) In paragraph(2)(a), the reference to rights which have accrued to or in respect of the member does not include any rights which are pension credit rights.”.

51.—(1) Article 162 is amended as follows.

(2) In paragraph (4), for “scheme” there is substituted “arrangement”.

(3) In paragraph (5)(d), for “scheme” there is substituted “arrangement”.