1996 No. 91 (C. 4)

PENSIONS

The Pensions (1995 Order) (Commencement No. 2) Order (Northern Ireland) 1996

Made

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) of the Pensions (Northern Ireland) Order 19951 and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation1

1

This Order may be cited as the Pensions (1995 Order) (Commencement No. 2) Order (Northern Ireland) 1996.

2

In this Order, “the Order” means the Pensions (Northern Ireland) Order 1995 and references to Articles and numbered Schedules are references to Articles of, and Schedules to, the Order.

Appointed days2

The day appointed for the coming into operation of—

a

the provisions of the Order specified in Part I of the Schedule, for the purpose only of authorising the making of orders, is 14th March 1996;

b

the provisions of the Order specified in Part II of the Schedule—

i

for the purpose only of authorising the making of regulations, is 14th March 1996, and

ii

for all other purposes, is 6th April 1996;

c

the provisions of the Order specified in Part III of the Schedule is 6th April 1996;

d

the provisions of the Order specified in Part IV of the Schedule, for the purpose only of authorising the making of regulations, is 6th April 1996;

e

Articles 115 (powers to modify Part II of the Order) and 122 (provision supplementary to Article 121), for the purpose only of authorising the making of regulations relating to those provisions of Part II of the Order specified in Part IV of the Schedule, is 6th April 1996;

f

Article 146 (hybrid occupational pension schemes), for the purpose only of authorising the making of regulations, is 1st June 1996;

g

Articles 68 (power of trustees to modify schemes by resolution) and 114 (overriding requirements), for the purpose only of any transitional provision contained in regulations made under Articles 16 to 21 (member-nominated trustees and directors), is 6th October 1996;

h

Article 133 (new requirements for contracted-out schemes), in so far as it is not already in operation, is 6th April 1997 and such day is designated as the principal appointed day for the purposes of Part IV of the Order.

Sealed with the Official Seal of the Department of Health and Social Services on

W. G. PurdyAssistant Secretary

SCHEDULE

Article 2

Part IProvisions coming into Operation on 14th March 1996 for the purpose only of Authorising the making of Orders

Provisions of the Order

Subject Matter

Article 134(1) to (4)

State scheme contributions and rebates

Article 135(5)

Minimum contributions towards appropriate personal pension schemes

Part IIProvisions coming into Operation on 14th March 1996 for the purpose only of Authorising the Making of Regulations and on 6th April 1996 for all other purposes

Provisions of the Order

Subject Matter

Article 137(2)

Reduction in State benefits for members of money purchase contracted-out schemes and appropriate schemes

Articles 139 to 141

Interim arrangements giving effect to protected rights

Article 143

Discharge of protected rights on winding up: insurance policies

Part IIIProvisions coming into Operation on 6th April 1996

Provisions of the Order

Subject Matter

Article 116

Calculations under regulations

Article 117 in so far as it is not already in operation

Consultations about regulations

Article 118 in so far as it is not already in operation

Crown application

Article 120(2)

Meaning of “connected” and “associated” persons

Article 121 in so far as it is not already in operation

Interpretation of Part II of the Order

Article 145

Class 1 contributions where earner in more than one employment

Article 166 in so far as it is not already in operation

General provisions concerning orders and regulations

Article 167 in so far as it is not already in operation

Assembly, etc. control of orders and regulations

Schedule 4, paragraph 9 and Article 165 in so far as it relates to that paragraph

Disclosure of information by the Department

In Part III of Schedule 5, the entry relating to section 44(2)(b) and (c) of the Pension Schemes (Northern Ireland) Act 19932 and Article 168 in so far as it relates to that entry

Repeals

Part IVProvisions coming into Operation on 6th April 1996 for the purpose only of Authorising the Making of Regulations

Provisions of the Order

Subject Matter

Article 10(2) and (3)

Civil penalties

Articles 16 to 21

Member-nominated trustees and directors

Article 27

Trustee not to be scheme auditor or actuary

Article 32

Decisions by majority of trustees

Article 33

Investment powers: duty of care

Article 35

Investment principles

Article 37

Payment of surplus to employer

Article 38

Power to defer winding up

Article 40

Restriction on employer-related investments

Article 41

Provision of documents for members

Article 47

Professional advisers

Article 49

Receipts, payments and records

Article 50

Resolution of disputes

Article 51

Annual increase in rate of pension

Articles 56 to 61

Minimum funding requirement

Article 67

Restriction on powers to alter schemes

Article 68

Power of trustees to modify schemes by resolution

Article 69

Grounds for applying to Authority for modification orders

Article 73

Preferential liabilities on winding up

Article 74(2), (3) and (5)(b)

Discharge of liabilities by insurance, etc.

Article 75

Deficiencies in the assets

Article 76

Excess assets on winding up

Article 77

Excess assets remaining after winding up: power to distribute

Articles 85 to 87

Money purchase schemes

Articles 89 to 93

Assignment, forfeiture, bankruptcy, etc.

Article 133

New requirements for contracted-out schemes

Article 134

State scheme contributions and rebates

Article 136

Money purchase and personal pension schemes: verification of ages

Article 137(1)

Reduction in State benefits for members of certified schemes

Article 138

State scheme, etc. premiums and buyback into State scheme

Articles 148 to 150

Transfer values

Article 151 for the purpose only of authorising the making of regulations relating to section 109 of the Pension Schemes Act

Penalties for breach of regulations under the Pension Schemes Act

Schedule 1, paragraph 36(a)(ii) and Article 119 in so far as it relates to that paragraph

Amendments consequential on Part II of the Order

Schedule 3, paragraph 14 (in so far as it relates to sections 7(5)(d), 30(2)(a), 46(4) and 159(6) of the Pension Schemes Act), paragraph 15(a) (in so far as it relates to section 3(1) of that Act) and paragraphs 21(a), 26(b), 27(b), 28, 30, 32, 37(b), 38, 40(c), 41(a), 55, 60(c) and 70 and Article 147 in so far as it relates to the above mentioned paragraphs

Amendments relating to Part IV, etc. of the Order

Schedule 4, paragraphs 6, 7 and 8(c) and (e) and Article 165 in so far as it relates to those paragraphs

General minor and consequential amendments

(This note is not part of the Order.)

This Order provides for the coming into operation of further provisions of the Pensions (Northern Ireland) Order 1995 (“the Order”) on the following dates—

  • 14th March 1996 for—

    • the purpose only of authorising the making of orders under the Pension Schemes (Northern Ireland) Act 1993 (“the Pension Schemes Act”) specifying the reduction in the rates of State scheme contributions and the rebates payable in respect of members of contracted-out occupational pension schemes and appropriate personal pension schemes,

    • the purpose only of authorising the making of certain regulations, in particular, under provisions relating to interim arrangements in relation to appropriate personal pension schemes and the discharge of protected rights by money purchase occupational pension schemes;

  • 6th April 1996 for—

    • the purpose of bringing fully into operation those provisions which were commenced on 14th March 1996 for the purpose only of authorising the making of regulations,

    • provisions relating to the disclosure of information by the Department, the aggregation of earnings in relation to Class 1 contributions and certain other general provisions of the Order,

    • the purpose only of authorising the making of certain regulations under—

      • Part II of the Order concerning the regulation of occupational pension schemes,

      • Part IV of the Order concerning contracting-out,

      • Part V of the Order concerning transfer values and penalties for breach of regulations under the Pension Schemes Act;

  • 1st June 1996 for—

    • the purpose only of authorising the making of regulations about contracting-out by hybrid schemes;

  • 6th October 1996 for—

    • certain provisions relating to member-nominated trustees and directors to come into operation for transitional purposes only;

  • 6th April 1997 for—

    • Article 133 (new contracting-out requirements), in so far as it is not already in operation, and that day is designated as the principal appointed day for the purposes of Part IV of the Order.

(This note is not part of the Order.)

The following provisions of the Pensions (Northern Ireland) Order 1995 were brought into operation by the Pensions (1995 Order) (Commencement No. 1) Order (Northern Ireland) 1995 (S.R. 1995 No. 477 (C. 11)) as from the dates shown.

Provision

Date of Commencement

Article 39

1.1.96

Articles 62 to 66 (partially)

19.12.95

1.1.96

Article 88

19.12.95

Article 114 (partially)

19.12.95

(partially)

1.1.96

Article 117 (partially)

19.12.95

(partially)

1.1.96

Article 118 (partially)

19.12.95

(partially)

1.1.96

Article 119, Sch. 1 (partially)

1.1.96

Article 121 (partially)

19.12.95

(partially)

1.1.96

Article 152

19.12.95

Article 164

19.12.95

Article 165, Sch. 4 (partially)

19.12.95

Article 166 (partially)

19.12.95

(partially)

1.1.96

Article 167 (partially)

19.12.95

(partially)

1.1.96

Article 168, Sch. 5 (partially)

19.12.95

(partially)

1.1.96