Pension Schemes (Northern Ireland) Act 1993

Chapter IIIN.I. Termination of Contracted-out or Appropriate Scheme Status: State Scheme Premiums

Approval of arrangements for schemes ceasing to be certifiedN.I.

46 Powers of Board to approve arrangements for scheme ceasing to be certified.N.I.

(1)In the case of an occupational pension scheme or a personal pension scheme which is or has been certified as a contracted-out or, as the case may be, an appropriate scheme, the [F1Inland Revenue] may, for the event of, or in connection with, its ceasing to be such a scheme, approve any arrangements made or to be made in relation to the scheme, or for its purposes, for the preservation or transfer—

(a)in the case of an occupational pension scheme other than a money purchase contracted-out scheme—

(i)of earners’ accrued rights to guaranteed minimum pensions under the scheme [F2or accrued rights to pensions under the scheme attributable to their service on or after the principal appointed day,] and;

(ii)of the liability for the payment of [F3such pensions] in respect of persons who have then become entitled to receive them;

(b)in the case of a money purchase contracted-out scheme or a personal pension scheme, of protected rights under the scheme.

[F4(1A)The power of the [F1Inland Revenue] to approve arrangements under this section—

(a)includes power to approve arrangements subject to conditions, and

(b)may be exercised either generally or in relation to a particular scheme.

F4(1B)Arrangements may not be approved under this section unless any prescribed conditions are met]

(2)If the scheme ceases to be a contracted-out scheme or an appropriate scheme (whether by being wound up or otherwise) and the [F1Inland Revenue] either—

(a)[F5have] withdrawn [F6their] approval of previously approved arrangements relating to it; or

(b)[F5have] declined to approve arrangements relating to it,

the [F1Inland Revenue] may issue a certificate to that effect.

(3)A certificate issued under subsection (2)(a) or (b) shall be cancelled by the [F1Inland Revenue] if [F7they subsequently approve] the arrangements.

(4)Regulations may provide that where the [F1Inland Revenue][F8 have] approved arrangements under subsection (1) in respect of an occupational pension scheme (other than a money purchase scheme) any provision of this Part (other than sections 14, 15, 22 to 29 and 39 to 41) or Chapter III of Part IV or Chapter II of Part V shall have effect subject to such modifications as may be specified in the regulations.

(5)Any such regulations shall have effect in relation to arrangements whenever approved, unless they provide that they are only to have effect in relation to arrangements approved after they come into operation.

(6)It is hereby declared that an approval of arrangements relating to an occupational pension scheme which is not a money purchase contracted-out scheme may be withdrawn at any time, notwithstanding that the scheme has been wound up.

F9(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47 Calculation of guaranteed minimum pensions preserved under approved arrangements.N.I.

(1)This section applies where—

(a)an earner’s guaranteed minimum pension rights or accrued rights to guaranteed minimum pensions under a scheme [F10satisfy prescribed conditions], and

(b)one or more of the five tax years ending with the tax year in which the scheme ceases to be contracted-out is a relevant year in relation to the earner.

(2)Where this section applies then, except in such circumstances as may be prescribed, section 12(1) shall have effect, subject to the following provisions, that is to say—

(a)any earnings factor shall be taken to be that factor as increased by the last order under Article 23 of the M1Social Security Pensions (Northern Ireland) Order 1975 or section 130 of the M2Social Security Administration (Northern Ireland) Act 1992 to come into operation before those five tax years; and

(b)any relevant earnings factors derived from contributions or earnings in respect of any year (“the relevant contributions year”) shall be treated as increased by 12 per cent. compound for each of those five tax years, other than any of those years which—

(i)constitutes or begins before the relevant contributions year, or

(ii)begins after the final relevant year in relation to the earner.

(3)Subsection (2) shall not apply in any case where its application would result in the amount of the guaranteed minimum being greater than it would have been apart from that subsection.

(4)Regulations may provide that subsections (1) to (3) shall have effect with prescribed modifications in relation to a scheme which, immediately before it ceased to be contracted-out, contained provisions authorised by section 12(2).

(5)In this section “relevant year” and “final relevant year” have the same meanings as in section 12.

Supervision of formerly certified schemesN.I.

48 Supervision of schemes which have ceased to be certified.N.I.

(1)Section 49 shall apply for the purpose of making provision for securing the continued supervision of occupational pension schemes as respects which subsection (2) applies and section 50 shall apply for the purpose of making corresponding provision in relation to personal pension schemes as respects which subsection (3) applies.

(2)This subsection applies as respects any occupational pension scheme, other than a public service pension scheme, where—

[F11(a)the scheme has ceased to be a contracted-out scheme, and

(b)any persons remain who fall within any of the following categories.

(2A)Those categories are—

(a)any persons entitled to receive, or having accrued rights to—

(i)guaranteed minimum pensions, or

(ii)pensions under the scheme attributable to service on or after the principal appointed day but before the scheme ceased to be contracted-out,

(b)any persons who have protested rights under the scheme or are entitled to any benefit giving effect to protected rights under it.]

(3)This subsection applies as respects any personal pension scheme where—

[F12(a)the scheme has ceased to be an appropriate scheme, and

(b)any persons remain who have protected rights under the scheme or are entitled to any benefit giving effect to protected rights under it.]

F13(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49 Supervision: former contracted-out schemes.N.I.

[F14(1)The [F15Inland Revenue] may direct the trustees or managers of the scheme, or the employer, to take or refrain from taking such steps as the [F15Inland Revenue] may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him.

(1A)An appeal on a point of law shall lie to the High Court from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.

(1B)A direction under subsection (1) shall be enforceable as if it were an order of the county court.]

F16(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(3)If a certificate has been issued under subsection (2) of section 46 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 48(2A)(a) or (b) must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the [F15Inland Revenue] may allow.]

F16(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50 Supervision: former appropriate personal pension schemes.N.I.

[F18(1)The [F19Inland Revenue] may direct the trustees or managers of the scheme to take or refrain from taking such steps as the [F19Inland Revenue] may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him.

(1A)An appeal on a point of law shall lie to the High Court from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.

(1B)A direction under subsection (1) shall be enforceable as if it were an order of the county court.

(2)If a certificate has been issued under subsection (2) of section not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 48(3)(b) must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the [F19Inland Revenue] may allow.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

State scheme premiumsN.I.

51 Payment of state scheme premiums on termination of certified status.N.I.

F20(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(2)Where—

(a)an earner is serving in employment which is contracted-out employment by reference to an occupational pension scheme (other than a money purchase contracted-out scheme),

(b)paragraph (a) ceases to apply, by reason of any of the following circumstances, before the earner attains the scheme’s normal pension age or (if earlier) the end of the tax year preceding that in which the earner attains pensionable age, and

(c)the earner has served for less than two years in the employment,

the prescribed person may elect to pay a premium under this subsection (referred to in this Act as a “contributions equivalent premium”).

[F22(2ZA) In this section “prescribed” means prescribed by regulations made by the Secretary of State.]

(2A)The circumstances referred to in subsection (2) are that—

(a)the earner’s service in the employment ceases otherwise than on the earner’s death,

(b)the earner ceases to be a member of the scheme otherwise than on the earner’s death,

(c)the earner’s service in the employment ceases on the earner’s death and the earner dies leaving a widow or widower,

(d)the scheme is wound up,

(e)the scheme ceases to be a contracted-out occupational pension scheme;

but paragraph (a), (b), (d) or (e) does not apply if the earner has an accrued right to short service benefit.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52 Provisions supplementary to s. 51.N.I.

F23(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A premium under section 51 shall be paid by the prescribed person to the [F24Inland Revenue] within the prescribed period F25. . ..

F23(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where under the rules of the scheme transfer credits have been allowed in respect of the earner’s accrued rights under another scheme, the reference in section 51(2) to employment which is contracted-out by reference to the scheme shall include references to employment in any period of linked qualifying service which was contracted-out employment by reference to the other scheme.

[F26(5)The reference in section 51(2A) to an accrued right to short service benefit includes an accrued right to any provision which, under the preservation requirements, is permitted as an alternative to short service benefit (other than provision for return of contributions or for benefit in the form of a lump sum).

(6)Subject to regulations under paragraph 1 of Schedule 1, service in any employment which ceases with the death of the employer shall be treated for the purposes of section 51(2A) as ceasing immediately before the death]

[F27(7)In this section “prescribed” means prescribed by regulations made by the Secretary of State.]

53 Elections to pay contributions equivalent premiums.N.I.

(1)An election under section 51(2) must be made within the prescribed period and in the prescribed manner.

(2)Except in such cases as may be prescribed, the prescribed person shall not, in making or abstaining from making elections under that section, discriminate between different earners on any grounds other than their respective lengths of relevant service.

(3)In subsection (2) “relevant service” means service in contracted-out employment by reference to the scheme, together with any service in contracted-out employment which in relation to service in that employment is linked qualifying service.

(4)If [F28the Inland Revenue consider] that the prescribed person is contravening subsection (2), [F29they] may cancel any contracting-out certificate held by the earner’s employer in respect of the scheme in question.

[F30(5)In this section “prescribed” means prescribed by regulations made by the Secretary of State.]

54 Amount of premiums payable under s. 51.N.I.

F31(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The amount of a contributions equivalent premium shall be the difference between—

(a)the amount of the Class 1 contributions payable in respect of the earner’s employment in employment which was contracted-out by reference to the scheme, and

(b)the amount of those contributions which would have been payable if the employment had not been contracted-out.

F31(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Section 52(4) applies for the purposes of subsection (4) as it applies for the purposes of section 51(2).

F3255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

56 Effect of payment of premiums on rights.N.I.

F33(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Payment of a contributions equivalent premium in the circumstances mentioned in section [F3451(2A)(a) and (b), (d) and (e)] shall extinguish the earner’s accrued rights to guaranteed minimum pensions under the relevant scheme [F35or (in relation to service on or after the principal appointed day( rights to pensions under the scheme so far as attributable to the amount of the premium].

(5)Payment of a contributions equivalent premium in the circumstances mentioned in section [F3651(2A)(c)] shall extinguish any such accrued rights in respect of the earner’s widow [F37or widower].

F38(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57 Deduction of contributions equivalent premium from refund of scheme contributions.N.I.

(1)This section applies where—

[F39(a)an earner’s service in contracted-out employment ceases or his employment ceases to be contracted-out employment, and]

(b)he (or, by virtue of a connection with him, any other person) is entitled to a refund of any payments made by or in respect of him towards the provision of benefits under the scheme by reference to which that employment was contracted-out; and

(c)a contributions equivalent premium falls to be paid by any person in respect of him.

(2)Where this section applies, then, subject to the following provisions of this section, the person by whom the premium falls to be paid shall be entitled on paying it to recover an amount equal to so much of the premium as is attributable to primary Class 1 contributions (and on paying any part of it to recover a proportionate part of that amount) from the person liable for the refund.

(3)The amount recoverable under this section shall not exceed the amount of the refund or so much of it as has not been made.

(4)Where the period taken into account in arriving at the amount mentioned in subsection (2) does not coincide with that in respect of which the refund is to be made, the sum recoverable under this section shall be determined by reference to so much of that amount and of the refund as are referable to the same period.

(5)Where the refund—

(a)is made in respect of more than one period of service, and one or more of those periods is a period of previous linked qualifying service; and

(b)includes any amount paid under a contracted-out scheme in relation to that service on or in connection with a transfer of accrued rights to another scheme,

the amount which may be recovered under this section shall be increased by such amount as may be prescribed.

(6)Where the person liable for the premium is himself liable for the refund, he shall be entitled to retain out of the refund the amount which he could recover under this section from another person liable for the refund.

(7)The amount of the refund shall be reduced by the amount recovered or retained under this section; and provision shall be made by regulations for requiring the making of refunds to be delayed for the purpose of enabling any right of recovery or retainer conferred by this section to be exercised, notwithstanding anything in any enactment relating to the making of the refund.

(8)Where—

[F40(a)an earner’s service in contracted-out employment ceases or his employment ceases to be contracted-out employment,]

(b)he (or, by virtue of a connection with him, any other person) is entitled to a refund of any payments made by or in respect of him under the scheme by reference to which that employment was contracted-out in relation to any previous contracted-out employment of his, being payments towards the provision of benefits under that scheme;

(c)a contributions equivalent premium falls to be paid in respect of him; and

(d)the period taken into account in arriving at the amount mentioned in subsection (2) includes the period of the previous contracted-out employment,

then the person liable for that premium shall have the like right of recovery from that refund (so far as the premium is not recoverable or retainable out of a refund in respect of a later employment) as a person has under this section where the refund relates to service in the employment on the [F41cessation] of which the premium falls to be paid (and subsection (7) shall apply accordingly).

(9)This section shall apply in relation to such a refund as is referred to in subsection (1)(b) which becomes payable after the [F42cessation] of an earner’s service in contracted-out employment as it applies to such a refund becoming payable on the [F42cessation] of an earner’s service in such employment.

(10)Where the earner (or, by virtue of a connection with him, any other person) becomes entitled to any payment in lieu of benefit, this section shall apply in relation to the payment as if it were such a refund as is referred to in subsection (1)(b).

(11)For the purposes of subsection (10), a payment in lieu of benefit is any payment falling to be made to or for the benefit of, or in respect of, a person by virtue of his being or having been a member of an occupational pension scheme, being a payment which either—

(a)is made or to be made otherwise than out of the resources of the scheme; or

(b)is made or to be made out of those resources but by way of distribution on a winding up; or

(c)falls within such other description of payments as may be prescribed for the purposes of that subsection.

[F43(12)In this section “prescribed” means prescribed by regulations made by the Secretary of State.]

58 No recovery of state scheme premiums from earners, etc.N.I.

(1)Notwithstanding any contract to the contrary, a person shall not be entitled—

(a)to recover any part of a [F44contributions equivalent] premium from any earner in respect of whom it is payable; or

(b)except in accordance with section 57, to recover or retain any part of such a premium out of any money payable to or for the benefit of the earner or any other person.

F45(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59 Further provisions concerning calculations relating to premiums.N.I.

(1)The following amounts shall be certified by the [F46Inland Revenue]—

F47(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the amount of the difference mentioned in [F48section 54(4)] of that section,

F49(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the amount mentioned in section 57(2).

F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If the [F46Inland Revenue]—

F51(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F52are satisfied] that records of earnings relevant for determining the amount mentioned in [F53section 54(4)] have not been maintained or retained or are otherwise unobtainable,

then the [F46Inland Revenue] may for that purpose—

(i)compute, in such manner as [F54they think] fit, an amount which shall be regarded as the amount of those earnings; or

(ii)take their amount to be such sum as [F55they may] specify in the particular case,

F56. . ..

F57(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of subsection (1) the [F46Inland Revenue] may make such adjustments as [F54they think] necessary for avoiding fractional amounts.

F5860

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5961. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

F60F6062. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

63 Non-payment of state scheme premiums.N.I.

(1)If a person fails to pay any [F61contributions equivalent] premium which is payable by him at or within the time prescribed for the purpose, he shall be liable on summary conviction to a fine of not more than level 3 on the standard scale.

(2)Where—

(a)a person is convicted of the offence under subsection (1) of failing to pay a premium, and

(b)the premium remains unpaid at the date of the conviction,

he shall be liable to pay to the [F62Inland Revenue] a sum equal to the amount which he failed to pay.

(3)Subject to subsection (4), where a person is convicted of an offence mentioned in subsection (2), evidence may be given of any previous failure by him to pay [F61contributions equivalent] premiums within the time prescribed for the purpose; and in that subsection “the conviction” and “the offence” mean respectively the conviction referred to in this subsection and the offence of which the person is convicted.

(4)Such evidence may be given only if notice of intention to give it is served with the summons or warrant on which the person appeared before the court which convicted him.

64 Unpaid premiums: supplementary.N.I.

(1)Where a person charged with an offence to which section 63(2) applies is convicted of that offence in his absence under Article 24(2) of the M3Magistrates’ Courts (Northern Ireland) Order 1981, then if—

(a)it is proved to the satisfaction of the court, on oath or by affidavit or in the manner prescribed by magistrates’ courts rules, that notice under section 63(4) has been duly served specifying the other premiums in respect of which the complainant intends to give evidence; and

(b)the clerk of petty sessions has received a statement in writing purporting to be made by the accused or by a solicitor acting on his behalf to the effect that if the accused is convicted in his absence of the offence charged he desires to admit failing to pay the other premiums so specified or any of them,

section 63(3) and (4) shall have effect as if the evidence had been given and the failure so admitted had been proved, and the court shall proceed accordingly.

(2)Where—

(a)a person is convicted of an offence to which section 63(2) applies; and

(b)an order is made under the M4Probation Act (Northern Ireland) 1950 placing the offender on probation or discharging him absolutely or conditionally,

subsection (1) and section 63(2) to (4) shall apply as if it were a conviction for all purposes.

(3)Any sum which a person is liable to pay under subsection (1) or section 63(2) to (4) shall be recoverable from him as a penalty.

(4)[F63contributions equivalent] premiums recovered by the [F64Inland Revenue] under those provisions shall be treated for all purposes as premiums paid to the [F64Inland Revenue] in respect of the person in respect of whom they were originally payable.