Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Occupational and Stakeholder Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 and shall come into operation on 6th April 2013.

(2) The Interpretation Act (Northern Ireland) 1954 M5 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Occupational Pension Schemes (Preservation of Benefit) RegulationsN.I.

2.—(1) The Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991 M6 are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) M7 (interpretation) after the definition of “the Act” insert—

(3) After regulation 11A M9 (further alternative to short service benefit – transfer to an overseas arrangement) insert—

“Further alternative to short service benefit – transfer to a European pensions institution without consent

11B.—(1) For the purposes of section 69(2)(b) and (4)(b) (form of short service benefit and its alternatives), a scheme may, instead of providing short service benefit, provide for the transfer of the member's accrued rights to a European pensions institution without the member's consent where the conditions in regulation 12(2) M10 and (3) M11 are satisfied.

(2) For the purposes of paragraph (1) of this regulation, the references to “receiving scheme” in regulation 12(2), (3) and (4A) M12 are to be read as references to “receiving European pensions institution”.

(3) Where it is proposed that a member's accrued rights are to be transferred in accordance with this regulation, information about the proposed transfer and details of the value of the rights to be transferred (including rights in respect of death in service benefits and survivors' benefits) shall be furnished to the member not less than one month before the date on which the proposed transfer is due to take place.”.

(4) In regulation 12(2)(a) and (b) (transfer of member's accrued rights without consent) for “apply to” substitute “ relate to persons who are or have been in ”.

Amendment of the Occupational Pension Schemes (Contracting-out) RegulationsN.I.

F13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Contracting-out (Transfer and Transfer Payment) RegulationsN.I.

4.—(1) The Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996 M13 are amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation) for the definition of “ “connected employer transfer” and “connected employer transfer payment”” M14 substitute—

(3) In regulations 4 (connected employer transfers of guaranteed minimum pensions), 7(2)(b) (transfers of liability in respect of section 5(2B) rights: general ) and 9 (connected employer transfer payments ) omit “to a salary related contracted-out scheme”.

Amendment of the Occupational Pension Schemes (Transfer Values) RegulationsN.I.

5.  In regulation 2 of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996 M17 (pre-1986 leavers)—

(a)the existing provision shall be numbered paragraph (1);

(b)in paragraph (1)(b), for “the rate of inflation as measured by the retail prices index” substitute “ a rate that maintains the value of pensions or other benefits by reference to the rise in the general level of prices ”;

(c)after paragraph (1) add—

“(2) For the purposes of paragraph (1)(b), “a rate that maintains the value of pensions or other benefits by reference to the rise in the general level of prices” shall be construed in accordance with regulation 2(b) of the Occupational Pension Schemes (Transfer Values) Regulations 1996 M18 (pre-1986 leavers).”.

Amendment of the Occupational Pension Schemes (Winding Up) RegulationsN.I.

6.  In regulation 6(4) of the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996 M19 (arrangements for discharge of liabilities under Article 74)—

(a)after “regulation” insert “ 11B or ”;

(b)before “transfer of member's” insert “ further alternative to short service benefit – transfer to a European pensions institution and ”.

Amendment of the Pension Sharing (Pension Credit Benefit) RegulationsN.I.

7.  For regulation 32 of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000 M20 (increase of relevant pension) substitute—

“Increase of relevant pension

32.—(1) Subject to regulations 33 and 34, a relevant pension shall be increased each year by either—

(a)the appropriate percentage, or

(b)where the rules of an occupational pension scheme require the relevant pension to be increased at intervals of not more than 12 months, the relevant percentage.

(2) A relevant pension shall not be increased under paragraph (1) if, under the rules of the occupational pension scheme, it is for the time being increased, and since the relevant date has always been increased, at intervals of not more than 12 months by at least—

(a)the percentage increase in the retail prices index for the reference period, being a period determined, in relation to each periodic increase, under the rules of the scheme, or

(b)if lower, the default percentage for that period.

(3) In paragraph (2) “the relevant date” means—

(a)1st January 2011 or, if later, the date on which the relevant pension became a pension in payment, or

(b)if the relevant pension was transferred to the occupational pension scheme from another occupational pension scheme as a pension in payment after 1st January 2011, the date of the transfer.

(4) If the relevant pension was transferred to the occupational pension scheme as mentioned in paragraph (3)(b), paragraph (2) does not apply to the relevant pension unless, immediately before the transfer, paragraph (2) (read with this paragraph if relevant) applied to the relevant pension by reference to the scheme from which it was transferred.

(5) In this regulation the default percentage for a period is the percentage for that period which corresponds to—

(a)5 per cent. per annum in a case where—

(i)the relevant pension is in payment before 6thApril 2005, or

(ii)the relevant pension is not in payment before 6th April 2005 but the entitlement to the relevant pension credit arose before that day;

(b)2.5 per cent. per annum in a case where the entitlement to the relevant pension credit arises on or after 6th April 2005.

(6) This regulation does not apply to a relevant pension provided to give effect to eligible pension credit rights of a member under a qualifying occupational pension scheme which—

(a)is a cash balance benefit, and

(b)first comes into payment on or after 6th April 2013.

(7) In this regulation—

“appropriate percentage” means—

for the latest revaluation period specified in the order under paragraph 2 of Schedule 2 M21 to the Act (methods of revaluing accrued pension benefits) which is in operation at the time of the increase (expressions used in this definition having the same meaning as in that paragraph);

“cash balance benefit” has the same meaning as in Article 51ZB M22;

“consumer prices index” means—

“relevant percentage” means—

“retail prices index” means—

Amendment of the Stakeholder Pension Schemes RegulationsN.I.

8.—(1) The Stakeholder Pension Schemes Regulations (Northern Ireland) 2000 M24 are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2 (manner of establishment) for paragraphs (2) M25 and (3) substitute—

“(2) The manager of the scheme must be a person who is mentioned in section 154(1)(b) of the Finance Act 2004 M26 (persons by whom registered pension scheme may be established).”.

(3) In regulation 14(5) M27 (charges etc. – permitted reductions in members' rights)—

(a)at the end of sub-paragraph (f) add “ and ”;

(b)at the end of sub-paragraph (g) omit “and”.

(4) In regulation 24 M28 (payroll deduction of contributions)—

(a)in paragraphs (1) and (2)(b) omit “make or”;

(b)in paragraph (2) for “make, vary or cease”, in each place where it occurs, substitute “ vary ”;

(c)in paragraphs (2)(c)(i) and (2B)(d)(i) omit “if that further request is made within 6 months of the employee requesting that the deductions cease”;

(d)in paragraphs (2)(c)(ii) and (2B)(d)(ii) after “the employee may” insert “ be able to ”.

(e)in paragraph (3)—

(i)at the end of sub-paragraph (a)(ii) omit “and”;

(ii)omit sub-paragraph (b);

(f)omit paragraph (4);

(g)after paragraph (5) insert—

“(5A) Where an employer has withdrawn his designation of a stakeholder pension scheme that has been designated by him for the purposes of Article 5(2) M29 for reasons beyond his control, the employer must immediately cease deducting contributions from the employee's remuneration and notify the employee in writing as soon as is practicable that designation of that scheme has been withdrawn and deduction of contributions has ceased.

(5B) Where an employer—

(a)is notified that a stakeholder pension scheme that has been designated by the employer for the purposes of Article 5(2) has commenced winding up, or

(b)withdraws designation of a stakeholder pension scheme that has been designated by the employer for the purposes of Article 5(2) for reasons beyond the employer's control,

the employer need not comply with the requirement in Article 5(5) M30.”;

(h)in paragraph (6) for “(2), (2B) and (3)” substitute “ (2) and (2B) ”;

(i)in paragraph (7) omit “and in regulation 25”.

Amendment of the Occupational Pension Schemes (Modification of Schemes) RegulationsN.I.

9.  In regulation 3(e)(ii) of the Occupational Pension Schemes (Modification of Schemes) Regulations (Northern Ireland) 2006 M31 (non-application of the subsisting rights provisions)—

(a)after “regulation” insert “ 11B or ”;

(b)before “transfer of member's” insert “ further alternative to short service benefit – transfer to a European pensions institution and ”.

RevocationsN.I.

10.  The following provisions are revoked—

(a)the definition of “the Taxes Act” in regulation 1(3) and regulations 14(5)(h), 22 and 23 of, and paragraph 2(k) of Schedule 3 to, the Stakeholder Pension Schemes Regulations (Northern Ireland) 2000;

(b)regulation 2 of the Stakeholder Pension Schemes (Amendment) Regulations (Northern Ireland) 2001 M32;

(c)regulations 14 and 15 of the Stakeholder Pension Schemes (Amendment No. 2) Regulations (Northern Ireland) 2001 M33;

(d)regulation 15 of the Personal and Occupational Pension Schemes (Indexation and Disclosure of Information) (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 M34;

(e)regulation 5 of the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 M35.

Explanatory Note

(This note is not part of the Regulations)