http://www.legislation.gov.uk/id/nisr/2005/48

http://www.legislation.gov.uk/nisr/2005/48/crossheading/consequential-amendments-transitional-modifications-and-adaptations/made

The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005

Pensions

Occupational pensions

Paternity leave

Government Printer for Northern Ireland

2016-09-12

PENSIONS

This Order provides for the coming into operation of provisions of the Pensions (Northern Ireland) Order 2005 (“the Order”) on the following dates –25th February 2005 for provisions relating relating to the Pensions Regulator and the Board of the Pension Protection Fund, and certain other provisions, including Article 254 of the Order, which makes amendments relating to the Pensions Compensation Board;25th February 2005 for the purpose only of authorising the making of regulations or orders relating to the definition of “eligible scheme” for the purposes of the Board of the Pension Protection Fund and modification of the Order in relation to certain categories of pension schemes. The provisions in question are brought fully into operation on 8th March 2005;25th February 2005 for the purpose only of authorising the making of regulations relating to various levies for the Pensions Regulator, the Pensions Ombudsman and the Board of the Pension Protection Fund. The provisions in question are brought fully into operation on 1st April 2005;25th February 2005 for the purpose only of authorising the making of regulations, orders or rules relating in particular to the functions of the Pensions Regulator and the Board of the Pension Protection Fund. The provisions in question are brought fully into operation on 6th April 2005;8th March 2005 for the purpose of modification of the Order in relation to certain categories of scheme;1st April 2005 for other provisions relating to levies in relation to the Pensions Regulator and the Board of the Pension Protection Fund, and6th April 2005 for provisions relating in particular to the functions of the Pensions Regulator and the Board of the Pension Protection Fund and provisions relating to adoption leave.

Consequential amendments, transitional modifications and adaptations

Consequential amendment of the Occupational Pension Schemes (Pensions Compensation Provisions) Regulations3

1

The Occupational Pension Schemes (Pensions Compensation Provisions) Regulations (Northern Ireland) 19978 shall be amended in accordance with paragraphs (2) and (3).

2

In regulation 59 (amount of compensation) –

a

in paragraph (2) for the words from “The amount” to “Article 81(3)(a) and (b)” there shall be substituted “The amount or, as the case may be, the aggregate, shall not exceed the aggregate specified in Article 81(3)10”;

b

paragraph (5) shall be omitted;

c

in paragraph (6) for “Article 81(3)(a)” there shall be substituted “Article 81(3)(b)”.

3

Regulations 3A11 (protected liabilities – prescribed class of members), 6(5)(d)12 (payments made in anticipation not to exceed the amount of the protected liabilities), 713 (mixed benefit schemes) and 10 (modifications for money purchase schemes) shall be omitted.

Transitional modification4

Where –

a

an application for compensation is made before 25th February 2005 under Article 80 of the 1995 Order (applications for payments), and

b

the Pensions Compensation Board has not made a payment by that date under Article 81 of the 1995 Order (amount of compensation),

Article 81 of the 1995 Order shall have effect for the purposes of making that payment as if the amendments made by Article 254(4) of the Order and the amendments made by Article 3(2) were in operation at the time of the application.

Transitional provisions in relation to the Pensions Compensation Board5

1

For the purposes of the provision of information by the Pensions Ombudsman to the Pensions Compensation Board, section 145(6)14 of the Pension Schemes Act shall have effect until 1st September 2005 as if there were inserted after the end of paragraph (ba) (as substituted by paragraph 21 of Schedule 10 to the Order) –

bb
the Pensions Compensation Board,

2

The Table in section 154A(1)15 of the Pension Schemes Act shall have effect until 1st September 2005 as if the entry relating to the Pensions Compensation Board (prior to its substitution by paragraph 21 of Schedule 10 to the Order) remained in place.

Transitional provision and saving in relation to section 170 of the Pension Schemes Act6

Notwithstanding anything in this Order, section 170(8)16 of the Pension Schemes Act (levies towards certain expenditure) continues to apply to a levy for which any person was liable by virtue of section 170 of that Act immediately before 1st April 2005, but which has not been paid in full before that date, as it had effect immediately before that date, except that the reference to “the Registrar” shall be read as if it were a reference to “the Regulatory Authority”.

Consequential amendment of the Paternity and Adoption Leave Regulations7

1

The Paternity and Adoption Leave Regulations (Northern Ireland) 200217 shall be amended in accordance with paragraphs (2) and (3).

2

In regulation 14(2) (incidents of the right to return after paternity leave) for the words from “paragraphs 5” to the end there shall be substituted “paragraphs 5, 5B and 6 of Schedule 5 to the Social Security (Northern Ireland) Order 198918 (equal treatment under pension schemes: maternity absence, adoption leave and family leave)”.

3

In regulation 27(2) (incidents of the right to return from adoption leave) for the words from “paragraphs 5” to the end there shall be substituted “paragraphs 5, 5B and 6 of Schedule 5 to the Social Security (Northern Ireland) Order 1989 (equal treatment under pension schemes: maternity absence, adoption leave and family leave)”.