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Pensions Act (Northern Ireland) 2012

Type Act of the Northern Ireland Assembly
Publication 2012-06-01
State In force
Jurisdiction Northern Ireland
Department Statute Law Database
Source legislation.gov.uk
Reform history JSON API

Part 1 — State Pension

Equalisation of and increase in pensionable age for men and women

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6th April 1953 to 5th May 1953 6th July 2016
6th May 1953 to 5th June 1953 6th November 2016
6th June 1953 to 5th July 1953 6th March 2017
6th July 1953 to 5th August 1953 6th July 2017
6th August 1953 to 5th September 1953 6th November 2017
6th September 1953 to 5th October 1953 6th March 2018
6th October 1953 to 5th November 1953 6th July 2018
6th November 1953 to 5th December 1953 6th November 2018

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(1) (2)
Period within which birthday falls Day pensionable age attained
6th December 1953 to 5th January 1954 6th March 2019
6th January 1954 to 5th February 1954 6th May 2019
6th February 1954 to 5th March 1954 6th July 2019
6th March 1954 to 5th April 1954 6th September 2019
6th April 1954 to 5th May 1954 6th November 2019
6th May 1954 to 5th June 1954 6th January 2020
6th June 1954 to 5th July 1954 6th March 2020
6th July 1954 to 5th August 1954 6th May 2020
6th August 1954 to 5th September 1954 6th July 2020
6th September 1954 to 5th October 1954 6th September 2020

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Duty to report on the impact of socio-economic background (including health indicators) in relation to retirement pension

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The Department for Social Development shall, within two years of the date on which this Act receives Royal Assent, lay a report before the Assembly on the impact of socio-economic background (including health indicators) in relation to retirement pension.

Abolition of certain additions to the state pension

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(3ZA) In subsection (3)(a) “relevant person” means a person— (a) who became entitled to a Category A or Category B retirement pension before the day on which section 3(1) of the Pensions Act (Northern Ireland) 2012 comes into operation, and (b) to whom sums became payable by virtue of section 11(1) of the Pensions Act (including sums payable by virtue of section 13(2) of that Act) before that day. (3ZB) In subsection (3ZA)— (a) a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day; (b) a reference to sums becoming payable before a day includes a reference to sums becoming payable on or after that day in respect of a period before that day.

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(3B) Subsection (3A) does not have effect unless— (a) the member became entitled to a Category A or Category B retirement pension before the day on which section 3(2) of the Pensions Act (Northern Ireland) 2012 comes into operation, and (b) the member's postponed pension under the scheme became payable before that day. (3C) In subsection (3B)— (a) a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day; (b) a reference to a pension becoming payable before a day includes a reference to a pension becoming payable on or after that day in respect of a period before that day.

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Consolidation of additional pension

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Part 2 — Automatic Enrolment

Automatic re-enrolment where scheme membership interrupted

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(3) Subsection (1) is not contravened if by virtue of section 5 the jobholder becomes an active member of an automatic enrolment scheme with effect from— (a) the day after the cessation referred to in paragraph (a) or (b) of subsection (1), or (b) a day within the prescribed period (if a period is prescribed).

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(1A) This section also applies to a jobholder who— (a) is aged at least 22, (b) has not reached pensionable age, and (c) is not an active member of a qualifying scheme because there has been a period beginning at any time after the jobholder's automatic enrolment date during which the requirements of section 1(1)(a) or (c) were not met (so that the person was not a jobholder for that period). (1B) This section also applies to a jobholder who has ceased to be an active member of a qualifying scheme because of something other than an action or omission by the jobholder.

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(4) Regulations may provide for subsection (2) not to apply in relation to a jobholder who in prescribed circumstances— (a) has ceased to be an active member of a qualifying scheme because of any action or omission by the jobholder, or by the employer at the jobholder's request, or (b) is treated as not being an active member of a qualifying scheme because the jobholder has given notice under section 8.

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with effect from— (i) the day after the membership is given up, or (ii) a day within the prescribed period (if a period is prescribed)

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with effect from— (i) the day on which the jobholder became an active member of the scheme to which the notice relates, or (ii) a day within the prescribed period (if a period is prescribed)

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Earnings trigger for automatic enrolment and re-enrolment

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(1) This section applies to a jobholder— (a) who is aged at least 22, (b) who has not reached pensionable age, and (c) to whom earnings of more than £7,475 are payable by the employer in the relevant pay reference period (see section 15).

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(6A) In this section “earnings” has the meaning given in section 13(3). (6B) In the case of a pay reference period of less or more than 12 months, subsection (1) applies as if the amount in paragraph (c) were proportionately less or more.

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(1) This section applies to a jobholder— (a) who is aged at least 22, (b) who has not reached pensionable age, and (c) to whom earnings of more than £7,475 are payable by the employer in the relevant pay reference period (see section 15).

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(7A) In this section “earnings” has the meaning given in section 13(3). (7B) In the case of a pay reference period of less or more than 12 months, subsection (1) applies as if the amount in paragraph (c) were proportionately less or more.

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Postponement or disapplication of automatic enrolment

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This is subject to section 4.

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(4) (1) Where— (a) an employer (E) gives to a person employed by E on E's staging date (“the worker”) notice that E intends to defer automatic enrolment for the worker until a date specified in the notice (“the deferral date”), and (b) any prescribed requirements in relation to the notice are met, the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies. (2) Where— (a) a person (“the worker”) begins to be employed by an employer (E) after E's staging date, (b) E gives the worker notice that E intends to defer automatic enrolment until a date specified in the notice (“the deferral date”), and (c) any prescribed requirements in relation to the notice are met, the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies. (3) Where— (a) a person (“the worker”) employed by an employer (E) becomes, after E's staging date, a jobholder to whom section 3 applies, (b) E gives the worker notice that E intends to defer automatic enrolment until a date specified in the notice (“the deferral date”), and (c) any prescribed requirements in relation to the notice are met, the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies. (4) Where this subsection applies, section 3(2) does not apply in relation to any employment of the worker by E in the period beginning with the starting day and ending with the deferral date. (5) A notice under this section may be given on or before the starting day or within a prescribed period after that day. (6) The deferral date may be any date in the period of 3 months after the starting day. (7) An employer who gives a worker a notice under subsection (1) or (2) may not give the worker a notice under subsection (3) in relation to any occasion on or before the deferral date specified in the notice on which the worker becomes a jobholder to whom section 3 applies. (8) In this section— - “staging date”, in relation to an employer of a particular description, means the date prescribed under section 12 in relation to employers of that description; - “starting day” means— 1. E's staging date, in the case of a notice under subsection (1); 2. the day on which the worker begins to be employed by E, in the case of a notice under subsection (2); 3. the day on which the worker becomes a jobholder to whom section 3 applies, in the case of a notice under subsection (3).

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applies— (a) section

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(b) section 4 applies as if— (i) the reference in subsection (1) to the employer's staging date were a reference to the employer's first enrolment date; (ii) in that subsection, for “the worker's automatic enrolment date is the deferral date” there were substituted “ the day with effect from which arrangements fall to be made by virtue of section 30 in respect of the jobholder is changed to the deferral date ”; (iii) in subsections (4) to (6), references to the starting day were references to the day with effect from which arrangements would by virtue of this section fall to be made in respect of the jobholder.

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Timing of automatic re-enrolment

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In section 6 of the Pensions (No. 2) Act (Northern Ireland) 2008 (timing of automatic re-enrolment) in subsection (1)(b) for “three years” substitute “ 2 years and 9 months ”.

Review of earnings trigger and qualifying earnings band

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Rounded figures for earnings trigger and qualifying earnings band

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After section 15 of the Pensions (No. 2) Act (Northern Ireland) 2008 insert—

(15A) (1) Whenever the Secretary of State makes an order under section 15A of the Pensions Act 2008 specifying rounded figures for the purposes of section 3(6B), 5(7B) or 13(2) of that Act, the Department may make an order specifying corresponding rounded figures for the purposes of section 3(6B), 5(7B) or 13(2) of this Act. (2) A rounded figure so specified applies in place of the amount that would otherwise apply.

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Qualifying schemes: administration charges

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Test scheme standard for schemes that produce sum of money for provision of benefits

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(8) In the case of a scheme under which a sum of money is made available for the provision of benefits to a relevant member, references in this section to pensions are to be read as references to such sums.

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(23) (1) A test scheme is an occupational pension scheme which satisfies— (a) the requirement in subsection (2), (b) the requirement in subsection (4) or requirements prescribed under subsection (6) (as appropriate), and (c) any further requirements that are prescribed. (2) The scheme must either— (a) provide for a member to be entitled to a pension commencing at the appropriate age and continuing for life, or (b) provide for a sum of money to be made available for the provision of benefits to a member commencing at the appropriate age and continuing for life. (3) The appropriate age is 65 or any higher age prescribed. (4) In the case of a scheme that provides entitlement to a pension as mentioned in subsection (2)(a), the annual rate of the pension at the appropriate age must be— (a) 1/120th of average qualifying earnings in the last three tax years preceding the end of pensionable service, multiplied by (b) the number of years of pensionable service, up to a maximum of 40. (5) Section 13(1) (qualifying earnings) applies for the purposes of subsection (4) as if the reference to a pay reference period were a reference to a tax year. (6) In the case of a scheme that provides for a sum of money to be made available as mentioned in subsection (2)(b), regulations must prescribe requirements relating to that sum.

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Certification that alternative to quality requirement is satisfied

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