Pension Schemes Act 2021 (c. 1)

PART 2 N.I. Collective money purchase benefits: Northern Ireland

Members' rights N.I.

75 Rules about modifying schemes N.I.

(1) The Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) is amended as follows.

(2) In Article 67 (the subsisting rights provisions)—

(a) after paragraph (1) insert—

“(1A) Any exercise of such a power to make a prohibited modification is void.”;

(b) in paragraph (2)(a)(i), after “if the modification is a protected modification,” insert “ or the scheme is a collective money purchase scheme within the meaning of Part 2 of the Pension Schemes Act 2021, ”;

(c) in paragraph (2)(a)(ii), for “if it is not” substitute “ if head (i) does not apply ”;

(d) in paragraph (3) omit sub-paragraph (b) and the “or” before it;

(e) after paragraph (3) insert—

“(3A) Regulations may provide for cases in which the subsisting rights provisions do not apply.”

(3) In Article 67A (the subsisting rights provisions: interpretation), in paragraph (1), before “ “regulated modification”” insert—

““prohibited modification””.

(4) After paragraph (1) of that Article insert—

“(1A) “Prohibited modification” means a modification of an occupational pension scheme which on taking effect would or might result in any subsisting right of—

(a) a member of the scheme, or

(b) a survivor of a member of the scheme,

which is not a right or entitlement to money purchase benefits becoming, or being replaced with, a right or entitlement to collective money purchase benefits under the scheme rules.”

(5) In paragraph (3) of that Article—

(a) after “a modification” insert “ , other than a prohibited modification, ”;

(b) for sub-paragraph (a) substitute—

“(a) on taking effect would or might result in a relevant transformation of any subsisting right of a member of the scheme or a survivor of a member of the scheme (see paragraph (3A)),”;

(c) in sub-paragraph (b), after “rules” insert “ , other than a pension that is a collective money purchase benefit ”;

(d) omit the words following sub-paragraph (c).

(6) After paragraph (3) of that Article insert—

“(3A) For the purposes of paragraph (3)(a), there is a relevant transformation of a subsisting right where—

(a) a subsisting right that is not a right or entitlement to money purchase benefits becomes, or is replaced with, a right or entitlement to money purchase benefits under the scheme rules,

(b) a subsisting right that is a right or entitlement to money purchase benefits other than collective money purchase benefits becomes, or is replaced with, a right or entitlement to collective money purchase benefits under the scheme rules, or

(c) a subsisting right that is a right or entitlement to collective money purchase benefits becomes, or is replaced with, a right or entitlement to money purchase benefits other than collective money purchase benefits under the scheme rules.

(3B) For the purposes of paragraph (3A), the reference in the definition of “money purchase benefits” in section 176(1) of the Pension Schemes Act to the widow, widower or surviving civil partner of a member of an occupational pension scheme is to be read as including any other survivor of the member.”

(7) In paragraph (4) of that Article, after “a modification” insert “ , other than a prohibited modification, ”.

(8) In paragraph (9) of that Article—

(a) in sub-paragraph (a), after head (ix) insert—

“(x) regulations made under section 69(4) of or paragraph 1(6) of Schedule 5 to the Pension Schemes Act 2021;

(xi) sections 85, 90, 92, 93 and 96 of the Pension Schemes Act 2021;”;

(b) in sub-paragraph (b), after head (vii) insert—

“(viii) sections 69(7)(b), 85(5), 90(6), 92(6), 93(2) and 96(5) of and paragraph 1(7) of Schedule 5 to the Pension Schemes Act 2021.”

Commencement Information

I1 S. 75 in force at Royal Assent for specified purposes, see s. 131(3)(a)

I2 S. 75 in force at 1.8.2022 in so far as not already in force by S.R. 2022/197, art. 3(a)

76 Transfer rights N.I.

(1) Chapter 1 of Part 4ZA of the Pension Schemes (Northern Ireland) Act 1993 (transfer rights: general) is amended as follows.

(2) In section 89 (scope of Chapter 1)—

(a) in subsection (7) (crystallisation events), in paragraph (b), after “money purchase benefits” insert “ other than collective money purchase benefits ”;

(b) after subsection (10) insert—

“(10A) Where a pension scheme is divided into sections, each section that is a collective money purchase scheme for the purposes of Part 2 of the Pension Schemes Act 2021 (see section 52(2)(b) of that Act) is to be treated as a separate scheme for the purposes of this Chapter.”

(3) In section 93 (calculation of cash equivalents), after subsection (3) insert—

“(3ZA) Where, in the case of an application from a member under section 91 that relates to money purchase benefits that are collective money purchase benefits, regulations under section 95(2)(c) provide for a period longer than 6 months, subsection (3)(b) is to be read as if the reference to 6 months were a reference to that longer period.”

(4) In section 95 (trustees' duties after exercise of option), in subsection (2) (period in which to carry out what the member requires)—

(a) omit the “and” at the end of paragraph (a);

(b) in paragraph (b), after “money purchase benefits” insert “ other than collective money purchase benefits ”;

(c) at the end of paragraph (b) insert “, and

(c) in the case of an application which relates to money purchase benefits that are collective money purchase benefits, within 6 months beginning with the date of the application or such longer period beginning with that date as may be prescribed.”

(5) After section 95 insert—

“95A Trustees' further duties: collective money purchase benefits

(1) If the trustees receive an application under section 91 relating to money purchase benefits that are collective money purchase benefits—

(a) they must give the member notice in writing of the cash equivalent that relates to those benefits, and

(b) they must not without the written consent of the member enter into an agreement with a third party to use the member's cash equivalent in a way specified in section 91(2) before the end of the period mentioned in subsection (2).

(2) The period referred to in subsection (1)(b) is—

(a) the period of 3 weeks beginning with the day after the day on which the notice is given, or

(b) such other period as may be specified in regulations.

(3) Any action taken in contravention of subsection (1)(b) is void.”

(6) In section 96B (meaning of “scheme rules”: occupational pension schemes), in subsection (2)—

(a) in paragraph (a), at the end insert—

“(xiii) regulations made under section 69(4) of or paragraph 1(6) of Schedule 5 to the Pension Schemes Act 2021;

(xiv) sections 85, 90, 92, 93 and 96 of the Pension Schemes Act 2021;”;

(b) in paragraph (b), at the end insert—

“(x) sections 69(7)(b), 85(5), 90(6), 92(6), 93(2) and 96(5) of and paragraph 1(7) of Schedule 5 to the Pension Schemes Act 2021.”

Commencement Information

I3 S. 76 in force at Royal Assent for specified purposes, see s. 131(3)(a)

I4 S. 76 in force at 1.8.2022 in so far as not already in force by S.R. 2022/197, art. 3(a)