SCHEDULE 3Modifications of the Pensions (Northern Ireland) Order 1995 and These Regulations

Cases where an Article 18 company is the employer

3

1

Where a company to which Article 18 applies is the sole trustee of and sole employer in relation to the relevant scheme these Regulations shall have effect with the following modifications.

2

In regulation 13(2) for sub-paragraph (d) there shall be substituted the following sub-paragraph—

d

if before the expiry of the period of 6 months beginning with the date mentioned in sub-paragraph (a), (b) or (c) the company duly gives notice under paragraph 2 of Schedule 1 that it is proposing alternative arrangements, but the alternative arrangements are not approved, during the period of 6 months beginning with the date with which the approval period expires.

3

In regulation 15—

a

in paragraph (1)—

i

in sub-paragraph (a) for the words from “to the company” to the end there shall be substituted “under Schedule 1 at a permitted notice time to the eligible members of the scheme of its proposals for alternative arrangements under Article 19(1), and”, and

ii

sub-paragraph (b)(ii) and the word “and” immediately preceding it shall be omitted;

b

in paragraph (2)—

i

in sub-paragraph (a)(i) for “one month” there shall be substituted “6 months”;

ii

in sub-paragraphs (a)(ii) and (b)(i) for “one month” there shall be substituted “6 months” and for “to the employer” there shall be substituted “to the eligible members”, and

iii

in sub-paragraph (c)(i) the words “to the company” shall be omitted, and

c

for paragraph (3) there shall be substituted the following paragraph—

3

In paragraph (1) the “approval period”, in relation to alternative arrangements, means—

a

where notice of those arrangements is given under paragraph (2)(a)(iii) or (c), the period of 6 months beginning with the date on which that notice is given, and

b

otherwise, the period within which notice of those arrangements may be given under paragraph (1)(a).

4

In regulation 16(2)(b)(i) for the words from “the date” to the end there shall be substituted “the date on which the arrangements are approved, and”.

5

In regulation 20—

a

in paragraph (1)(f), for the words from “the date” to the end there shall be substituted “the date following the date on which the arrangements are approved;”;

b

in paragraph (1)(h), in head (ii) for “the employer” there shall be substituted “the eligible members”, and for “with the opt-out failure date” there shall be substituted “of the approval period”;

c

in paragraph (3) the words “to the employer and, in the case of rules,” shall be omitted, and

d

paragraph (5)(a) shall be omitted.

6

In regulation 23(3) the words “and the trustees of the scheme” shall be omitted.

7

In Schedule 4—

a

in paragraphs 4(1) and 6 for “to an Article 18 company” there shall be substituted “to the eligible members of the scheme”, and

b

in paragraph 6(c) for “to the company” there shall be substituted “to the eligible members”.