Explanatory Note
(This note is not part of the Regulations.)
These Regulations set out the requirements imposed on a person responsible for a pension arrangement with respect to the supply of information to members and their spouses (or former spouses) in relation to pensions on divorce, separation or nullity.
Regulation 1 provides for citation, commencement and interpretation.
Regulation 2 sets out the basic information which persons responsible for a pension arrangement must provide to a member, his spouse or the court in relation to pensions on divorce, separation or nullity.
Regulation 3 provides for how valuations of pension benefits are to be calculated and verified for the purposes of the provision of information in respect of pensions on divorce, separation or nullity.
Regulation 4 specifies the information which a person responsible for a pension arrangement must provide to a member and his spouse in response to a notification that a pension sharing order or provision may be made, and the circumstances in which that information must be provided.
Regulation 5 sets out the information which will be required by the person responsible for the pension arrangement from the member and his former spouse before the implementation period may begin.
Regulation 6 specifies the information a person responsible for a pension arrangement must provide to the former spouse’s representative, and the person who has been nominated by the former spouse to receive the pension credit benefit if the former spouse dies before liability in respect of the pension credit is discharged (“the nominee”).
Regulation 7 specifies the information a person responsible for a pension arrangement must provide to a member and his former spouse, or the nominee, as the case may be, when a pension sharing order or provision has been received.
Regulation 8 sets out the information which a person responsible for a pension arrangement must provide to a member and his former spouse, or the nominee, as the case may be, once a pension sharing order or provision has been implemented.
Regulation 9 sets out the maximum penalties which the Occupational Pensions Regulatory Authority may impose if the trustees or managers of an occupational pension scheme fail to comply with the requirements to furnish the information specified in regulation 6, 7 or 8 within the prescribed time limits.
Regulation 10 sets out the information which a person responsible for a pension arrangement must furnish to the party to the marriage with pension rights and the other party after receiving an earmarking order.
As these Regulations, in so far as they are made under Part V of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (“the 1999 Order”), make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Social Security in relation to Great Britain, the requirement for consultation does not apply by virtue of Article 73(9) of that Order.
The Welfare Reform and Pensions (1999 Order) (Commencement No. 3) Order (Northern Ireland) 2000 (S.R. 2000 No. 133 (C. 5)) provides for the coming into operation of Articles 21(1)(a), (b)(i) and (c)(i) and (2), 31(1)(b)(ii) and 42(1) of the 1999 Order, some of the enabling provisions under which these Regulations are made, in so far as they are not already in operation, on 1st December 2000.