The Public Service Pensions (2014 Act) (Commencement No.1) Order (Northern Ireland) 2014

Statutory Rules of Northern Ireland

2014 No. 123 (C. 4)

Public Service Pensions

The Public Service Pensions (2014 Act) (Commencement No.1) Order (Northern Ireland) 2014

Made

28th April 2014

The Department of Finance and Personnel, in exercise of the powers conferred by section 37(2) and (3) of the Public Service Pensions Act (Northern Ireland) 2014(1), makes the following Order:

Citation and interpretation

1.—(1) — This Order may be cited as the Public Service Pensions (2014 Act) (Commencement No.1) Order (Northern Ireland) 2014.

(2) In this Order any reference to a numbered section or Schedule is a reference to the section of or Schedule to the Public Service Pensions Act (Northern Ireland) 2014.

Provisions of the Act coming into force on 28th April 2014

2.—(1) 28th April 2014 is the day appointed for the coming into force of—

(a) section 1 (schemes for persons in public service) and Schedule 1 (persons in public service: definitions);

(b) section 2 (responsible authority for schemes) and Schedule 2 (responsible authorities);

(c) section 3 (scheme regulations) and Schedule 3 (scope of scheme regulations: supplementary matters);

(d) section 8 (types of scheme);

(e) section 9(1), (2), (3), (4)(b), (5) and (6) (revaluation);

(f) section 10 (pension age);

(g) section 14 (information about benefits);

(h) sections 17(2) to (5) (regulatory oversight);

(i) section 18 (restriction of existing pension schemes) and Schedule 5 (existing pension schemes);

(j) section 19 (closure of existing injury and compensation schemes) and Schedule 6 (existing injury and compensation schemes);

(k) section 20 (final salary link) and Schedule 7 (final salary link);

(l) section 21 (consultation);

(m) section 22 (procedure for protected elements);

(n) section 23 (procedure for retrospective provision);

(o) section 24 (other procedure);

(p) section 25 (extension of schemes);

(q) section 26 (non-scheme benefits); and

(r) section 27 of the Act (consequential and minor amendments) and Schedule 8 (consequential and minor amendments).

(2) The requirement in subsection (2) of section 21 to publish a statement does not apply to any consultation which started before the coming into force of that section.

Commencement of governance provisions

3.—(1) 28th April 2014 is the day appointed for the coming into force of the provisions identified in paragraph (2) for all purposes except for those referred to in paragraphs (3) and (4).

(2) The provisions are –

(a) section 4 (scheme manager);

(b) section 5 (pension board);

(c) section 6 (pension board: information); and

(d) section 7 (scheme advisory board).

(3) The purpose of making scheme regulations to establish schemes for the payment of pensions and other benefits to or in respect of local government workers.

(4) The purpose of making scheme regulations to establish schemes for the payment of pensions and other benefits to or in respect of fire and rescue workers.

Provisions of the Act coming into force on 28th April 2014 for certain purposes

4.  28th April 2014 is the day appointed for the coming into force of the following provisions for the purposes specified in this article—

(a) section 11(2), (3) and (4) (valuations), for the purpose of making Department of Finance and Personnel directions under section 11(2);

(b) section 12(2), (3), (4), (5), (8) and (9) (employer cost cap), for the purpose of making Department of Finance and Personnel directions under section 11(2), section 11(3), and section 12(3) and Department of Finance and Personnel regulations under section 11(6) and section 12(5);

(c) section 16 (records), for the purpose of making regulations;

(d) section 17(1) (regulatory oversight), for the purpose of introducing paragraphs 1, 2, 14 to 16, and 18 of Schedule 4 (regulatory oversight); and

(e) paragraphs 1, 2, 14 to 16, and 18 of Schedule 4 (regulatory oversight), for all purposes.

Commencement of provisions relating to existing local government pension scheme

5.  1st April 2015 is the day appointed for the coming into force of section 28 (existing local government scheme) for all purposes.

Commencement of provision on employer contributions

6.  1st April 2015 is the day appointed for the coming into force of section 13 (employer contributions in funded schemes) for all purposes.

Commencement of revaluation provision

7.  1st April 2016 is the day appointed for the coming into force of section 9(4)(a) (revaluation).

Sealed with the Official Seal of the Department of Finance and Personnel on 28th April 2014.

(L.S.)

Peter Jakobsen

A senior officer of the

Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Regulations)

This Order brings into operation provisions of the Public Service Pensions Act (Northern Ireland) 2014 (c.2).

Article 2 commences on 28th April 2014 sections 1 to 3 (establishment of new schemes); sections 8 to 10 (design); section 10 (pension age); section 14 (information about benefits); section 17(2) to (5) (regulatory oversight); sections 18 to 20 and schedules 6 and 7 (transitional); sections 21 to 24 (procedure for scheme regulations), and sections 25 to 27 and schedule 8 (new schemes: supplementary), for all purposes except for the requirement to make an annual revaluation order at section 9(4)(1) (annual revaluation order).

By Article 2(2) section 21(2) does not apply to consultations which started before that section came into force.

Article 3 commences on 28th April 2014 sections 4 to 7 (governance) for all purposes except for schemes for local government workers and firefighters;

Article 4 commences on 28th April 2014 section 11(2), (3) and (4) (valuations); section 12(2), (3), (4), (5), (8) and (9) (employer cost cap); section 16 (records); section 17(1) (regulatory oversight) and paragraphs 1, 2, 14 to 16, and 18 of Schedule 4 (regulatory oversight).

Article 5 commences on 1st April 2015 section 28 (existing local government scheme).

Article 6 commences on 1st April 2015 section 13 (employer contributions in funded schemes).

Article 7 commences on 1st April 2016 section 9(4)(a) (requirement to make an annual revaluation order).

(1)

2014 c.2(N.I)