1997 No. 192 (C. 10)
PENSIONS

The Pensions (1995 Order) (Commencement No. 8) Order (Northern Ireland) 1997

Made
The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) and (5) 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. 8) Order (Northern Ireland) 1997.

(2)

In this Order—

“the Act” means the Pensions Schemes (Northern Ireland) Act 19932 and references to sections are references to sections of the Act;

“the Authority” means the Occupational Pensions Regulatory Authority;

“the Board” means the Occupational Pensions Board;

“the Order” means the Pensions (Northern Ireland) Order 1995 and references to Articles are references to Articles of the Order;

“the principal appointed day” means 6th April 1997.

Annotations:
Commencement Information

I1Art. 1 in operation at made date

Appointed days2.

In so far as they are not already in operation, the day appointed for the coming into operation of—

(a)

Article 161, paragraph 13 of Schedule 1 to the Order and Article 119 in so far as it relates to that paragraph, and paragraph 63 of Schedule 3 to the Order and Article 147 in so far as it relates to that paragraph, is 1st April 1997;

(b)

all other provisions of the Order, with the exception of—

(i)

Articles 48(2) and (7) to (13), 93 and 142;

(ii)

paragraph 31 of Schedule 3 and Article 147 in so far as it relates to that paragraph;

(iii)

the repeal of sections 31 and 32 in Part III of Schedule 5 and Article 168 in so far as it relates to the repeal of those sections,

is 6th April 1997.

Annotations:
Commencement Information

I2Art. 2 in operation at made date

Transitional Adaptions, Modifications and Savings

Revaluation of earnings factors: early leavers3.

Section 12(3) (revaluation of earnings factors: early leavers) shall continue to have effect as if this Order had not come into operation in relation to an earner whose service in contracted-out employment in relation to the scheme in question has terminated before the principal appointed day.

Annotations:
Commencement Information

I3Art. 3 in operation at made date

Termination of contracted-out or appropriate scheme status and state scheme premiums4.

(1)

Any function of the Board under section 46 (powers of Board to approve arrangements for scheme ceasing to be certified) which fell to be exercised before the principal appointed day but has not been exercised may be exercised by the Department and, for the purposes of determining the date on which any state scheme premium has become payable, any certificate issued under section 46(2) shall be taken to have had effect from the date specified by the Department.

(2)

Subject to paragraph (3), sections 51 to 64, 165(1) and 166(1) (state scheme premiums) shall continue to have effect as if this Order had not come into operation in relation to any state scheme premium which has been paid before the principal appointed day or is payable immediately before that day, and nothing in this Order shall affect the operation of any other provision of the Act or any provision of any other enactment in relation to any such premium.

(3)

Any function of the Board in relation to state scheme premiums under the provisions referred to in paragraph (2) falling to be exercised after the principal appointed day shall be exercised by the Department.

Annotations:
Commencement Information

I4Art. 4 in operation at made date

Transfer values: extensions granted by the Board5.

Section 95 (trustees' duties after exercise of option) shall have effect in relation to any extension granted or refused by the Board under section 95(4) before the principal appointed day as though it had been granted or refused by the Authority.

Annotations:
Commencement Information

I5Art. 5 in operation at made date

Payments to employers6.

For the purposes of—

(a)

any payment to the employer out of funds held for the purposes of a scheme where an application to modify the scheme rules for the purposes of making that payment has been made in accordance with the Occupational Pension Schemes (Modification) Regulations (Northern Ireland) 19903 before the principal appointed day; or

(b)

any distribution of excess assets to the employer in relation to a scheme which begins to be wound up before the principal appointed day,

section 104 (no payments to employers from non-complying schemes) shall continue to have effect as if this Order had not come into operation.

Annotations:
Commencement Information

I6Art. 6 in operation at made date

Actuarial statements pending the first minimum funding requirements valuation7.

Section 110 (additional documents for members) and regulations 8 and 9 of the Occupational Pensions Schemes (Disclosure of Information) Regulations (Northern Ireland) 19864 (actuarial valuations and availability of accounts, statements and other information) shall, in so far as they relate to the actuarial statement, remain in operation in respect of a scheme to which Article 56 applies until such time as the trustees or managers of the scheme are required by regulation 30 of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations (Northern Ireland) 19965 to obtain the first valuation.
Annotations:
Commencement Information

I7Art. 7 in operation at made date

Preservation: determinations of the Board8.

Where, before the principal appointed day, the Board has determined in accordance with section 130 (determination of questions whether schemes conform with requirements) that any provision of Chapter I of Part IV of the Act (the preservation requirements) shall not apply to a scheme, that determination shall continue to have effect as if this Order had not come into operation until there is an alteration to the rules of the scheme relating to any requirement imposed by that provision.

Annotations:
Commencement Information

I8Art. 8 in operation at made date

Modification of schemes9.

Nothing in this Order shall affect the operation of sections 132 to 136 (application to modify schemes other than public service schemes) in relation to an application made to the Board before the principal appointed day, and any functions of the Board exercisable after the principal appointed day under those sections as saved by this Article shall be exercised by the Authority.

Annotations:
Commencement Information

I9Art. 9 in operation at made date

Minimum payments and minimum contributions payable before the principal appointed day10.

Notwithstanding Article 137(3), section 44 shall remain in operation in respect of minimum payments and minimum contributions paid or payable before the principal appointed day.

Annotations:
Commencement Information

I10Art. 10 in operation at made date

Winding up11.

(1)

Articles 73 and 74 (liabilities, etc.) do not apply to any scheme which begins to be wound up before the principal appointed day; and for the purposes of this paragraph the time when a scheme begins to be wound up shall be determined in accordance with regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 19966 (commencement of winding up).

(2)

Paragraph 24 of Schedule 3 to the Order shall be modified so as to have effect as if at the end there were added “and for the purposes of this paragraph the time when a scheme begins to be wound up shall be determined in accordance with regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996”.

(3)

Section 140 (deficiencies in the assets of a scheme on winding up) shall remain in operation as regards schemes that began to wind up before 19th December 1996 and in respect of debts which arose at any applicable time before the principal appointed day.

Annotations:
Commencement Information

I11Art. 11 in operation at made date

Schedules of payments to money purchase schemes12.

The trustees or managers of an occupational pension scheme to which Article 85 (schedules of payments to money purchase schemes) applies, shall not be obliged to secure the preparation, maintenance or revision of a payment schedule in respect of any period before the beginning of the first scheme year which begins on or after the principal appointed day and, for the purposes of this Article, “scheme year” has the same meaning as in regulation 1 of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 19977.
Annotations:
Commencement Information

I12Art. 12 in operation at made date

The National Insurance (Non-participation — Certificates) Regulations 1960 — functions of the Board13.

Any function of the Board under the National Insurance (Non-participation — Certificates) Regulations (Northern Ireland) 19608 falling to be exercised on or after the principal appointed day, or which fell to be exercised before that day but which has not been exercised, may be exercised by the Department.
Annotations:
Commencement Information

I13Art. 13 in operation at made date

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

John O'Neill
Assistant Secretary
(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—

(a)

1st April 1997 for provisions relating to the levy, the provision of information by the Registrar of Occupational and Personal Pension Schemes and minor amendments to the Pension Schemes (Northern Ireland) Act 1993 (“the Act”), and

(b)

6th April 1997 for all the remaining provisions of the Order except Articles 42 to 46 (which were repealed by virtue of, and re-enacted in, the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)), 48(2) and (7) to (13), 93 and 142, paragraph 31 of Schedule 3 and the repeal of sections 31 and 32 of the Act mentioned in Part III of Schedule 5.

  • This Order also makes transitional adaptations, modifications and savings.

  • Article 3 makes a saving in respect of the revaluation of earnings factors for early leavers whose service in contracted-out employment terminated before 6th April 1997.

  • Article 4 makes savings in respect of the termination of contracted-out or appropriate scheme status and state scheme premiums.

  • Article 5 makes a transitional modification in relation to transfer values and extensions granted or refused by the Occupational Pensions Board (“the Board”).

  • Article 6 makes transitional savings relating to payments to employers.

  • Article 7 makes a transitional saving relating to disclosure of actuarial statements to scheme members.

  • Article 8 makes a transitional saving relating to determinations by the Board in relation to the preservation requirements.

  • Article 9 makes transitional savings and modifications relating to applications to modify schemes other than public service schemes.

  • Article 10 makes a transitional saving relating to minimum payments and minimum contributions paid or payable before 6th April 1997.

  • Article 11 makes transitional savings and modifications relating to winding up.

  • Article 12 makes a transitional modification in respect of payment schedules for money purchase schemes.

  • Article 13 provides for the functions of the Board under the National Insurance (Non-participation — Certificates) Regulations (Northern Ireland) 1960 to be exercised by the Department of Health and Social Services.

(This note is not part of the Order.)

The following provisions of the Pensions (Northern Ireland) Order 1995 have been or are being brought into operation as from the dates shown by—