LegalizeThe Pensions (1995 Order) (Commencement No. 2) Order (Northern Ireland) 1996
Made: 13th March 1996
The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) of the Pensions (Northern Ireland) Order 1995[^f00001] and of all other powers enabling it in that behalf, hereby makes the following Order:
Citation and interpretation
1
- (1) This Order may be cited as the Pensions (1995 Order) (Commencement No. 2) Order (Northern Ireland) 1996.
- (2) In this Order, “the Order” means the Pensions (Northern Ireland) Order 1995 and references to Articles and numbered Schedules are references to Articles of, and Schedules to, the Order.
Appointed days
2
The day appointed for the coming into operation of—
- (a) the provisions of the Order specified in Part I of the Schedule, for the purpose only of authorising the making of orders, is 14th March 1996;
- (b) the provisions of the Order specified in Part II of the Schedule—
- (i) for the purpose only of authorising the making of regulations, is 14th March 1996, and
- (ii) for all other purposes, is 6th April 1996;
- (c) the provisions of the Order specified in Part III of the Schedule is 6th April 1996;
- (d) the provisions of the Order specified in Part IV of the Schedule, for the purpose only of authorising the making of regulations, is 6th April 1996;
- (e) Articles 115 (powers to modify Part II of the Order) and 122 (provision supplementary to Article 121), for the purpose only of authorising the making of regulations relating to those provisions of Part II of the Order specified in Part IV of the Schedule, is 6th April 1996;
- (f) Article 146 (hybrid occupational pension schemes), for the purpose only of authorising the making of regulations, is 1st June 1996;
- (g) Articles 68 (power of trustees to modify schemes by resolution) and 114 (overriding requirements), for the purpose only of any transitional provision contained in regulations made under Articles 16 to 21 (member-nominated trustees and directors), is 6th October 1996;
- (h) Article 133 (new requirements for contracted-out schemes), in so far as it is not already in operation, is 6th April 1997 and such day is designated as the principal appointed day for the purposes of Part IV of the Order.
SCHEDULE
Part I — Provisions coming into Operation on 14th March 1996 for the purpose only of Authorising the making of Orders
| Provisions of the Order | Subject Matter |
|---|---|
| Article 134(1) to (4) | State scheme contributions and rebates |
| Article 135(5) | Minimum contributions towards appropriate personal pension schemes |
Part II — Provisions coming into Operation on 14th March 1996 for the purpose only of Authorising the Making of Regulations and on 6th April 1996 for all other purposes
| Provisions of the Order | Subject Matter |
|---|---|
| Article 137(2) | Reduction in State benefits for members of money purchase contracted-out schemes and appropriate schemes |
| Articles 139 to 141 | Interim arrangements giving effect to protected rights |
| Article 143 | Discharge of protected rights on winding up: insurance policies |
Part III — Provisions coming into Operation on 6th April 1996
| Provisions of the Order | Subject Matter |
|---|---|
| Article 116 | Calculations under regulations |
| Article 117 in so far as it is not already in operation | Consultations about regulations |
| Article 118 in so far as it is not already in operation | Crown application |
| Article 120(2) | Meaning of “connected” and “associated” persons |
| Article 121 in so far as it is not already in operation | Interpretation of Part II of the Order |
| Article 145 | Class 1 contributions where earner in more than one employment |
| Article 166 in so far as it is not already in operation | General provisions concerning orders and regulations |
| Article 167 in so far as it is not already in operation | Assembly, etc. control of orders and regulations |
| Schedule 4, paragraph 9 and Article 165 in so far as it relates to that paragraph | Disclosure of information by the Department |
| In Part III of Schedule 5, the entry relating to section 44(2)(b) and (c) of the Pension Schemes (Northern Ireland) Act 1993[^f00002] and Article 168 in so far as it relates to that entry | Repeals |
Part IV — Provisions coming into Operation on 6th April 1996 for the purpose only of Authorising the Making of Regulations
| Provisions of the Order | Subject Matter |
|---|---|
| Article 10(2) and (3) | Civil penalties |
| Articles 16 to 21 | Member-nominated trustees and directors |
| Article 27 | Trustee not to be scheme auditor or actuary |
| Article 32 | Decisions by majority of trustees |
| Article 33 | Investment powers: duty of care |
| Article 35 | Investment principles |
| Article 37 | Payment of surplus to employer |
| Article 38 | Power to defer winding up |
| Article 40 | Restriction on employer-related investments |
| Article 41 | Provision of documents for members |
| Article 47 | Professional advisers |
| Article 49 | Receipts, payments and records |
| Article 50 | Resolution of disputes |
| Article 51 | Annual increase in rate of pension |
| Articles 56 to 61 | Minimum funding requirement |
| Article 67 | Restriction on powers to alter schemes |
| Article 68 | Power of trustees to modify schemes by resolution |
| Article 69 | Grounds for applying to Authority for modification orders |
| Article 73 | Preferential liabilities on winding up |
| Article 74(2), (3) and (5)(b) | Discharge of liabilities by insurance, etc. |
| Article 75 | Deficiencies in the assets |
| Article 76 | Excess assets on winding up |
| Article 77 | Excess assets remaining after winding up: power to distribute |
| Articles 85 to 87 | Money purchase schemes |
| Articles 89 to 93 | Assignment, forfeiture, bankruptcy, etc. |
| Article 133 | New requirements for contracted-out schemes |
| Article 134 | State scheme contributions and rebates |
| Article 136 | Money purchase and personal pension schemes: verification of ages |
| Article 137(1) | Reduction in State benefits for members of certified schemes |
| Article 138 | State scheme, etc. premiums and buyback into State scheme |
| Articles 148 to 150 | Transfer values |
| Article 151 for the purpose only of authorising the making of regulations relating to section 109 of the Pension Schemes Act | Penalties for breach of regulations under the Pension Schemes Act |
| Schedule 1, paragraph 36(a)(ii) and Article 119 in so far as it relates to that paragraph | Amendments consequential on Part II of the Order |
| Schedule 3, paragraph 14 (in so far as it relates to sections 7(5)(d), 30(2)(a), 46(4) and 159(6) of the Pension Schemes Act), paragraph 15(a) (in so far as it relates to section 3(1) of that Act) and paragraphs 21(a), 26(b), 27(b), 28, 30, 32, 37(b), 38, 40(c), 41(a), 55, 60(c) and 70 and Article 147 in so far as it relates to the above mentioned paragraphs | Amendments relating to Part IV, etc. of the Order |
| Schedule 4, paragraphs 6, 7 and 8(c) and (e) and Article 165 in so far as it relates to those paragraphs | General minor and consequential amendments |
Signed
Sealed with the Official Seal of the Department of Health and Social Services on
W. G. Purdy — Assistant Secretary — 13th March 1996.
Explanatory note
(This note is not part of the Order.)
This Order provides for the coming into operation of further provisions of the Pensions (Northern Ireland) Order 1995 (“the Order”) on the following dates—
- 14th March 1996 for— the purpose only of authorising the making of orders under the Pension Schemes (Northern Ireland) Act 1993 (“the Pension Schemes Act”) specifying the reduction in the rates of State scheme contributions and the rebates payable in respect of members of contracted-out occupational pension schemes and appropriate personal pension schemes, the purpose only of authorising the making of certain regulations, in particular, under provisions relating to interim arrangements in relation to appropriate personal pension schemes and the discharge of protected rights by money purchase occupational pension schemes;
- 6th April 1996 for— the purpose of bringing fully into operation those provisions which were commenced on 14th March 1996 for the purpose only of authorising the making of regulations, provisions relating to the disclosure of information by the Department, the aggregation of earnings in relation to Class 1 contributions and certain other general provisions of the Order, the purpose only of authorising the making of certain regulations under— Part II of the Order concerning the regulation of occupational pension schemes, Part IV of the Order concerning contracting-out, Part V of the Order concerning transfer values and penalties for breach of regulations under the Pension Schemes Act;
- 1st June 1996 for— the purpose only of authorising the making of regulations about contracting-out by hybrid schemes;
- 6th October 1996 for— certain provisions relating to member-nominated trustees and directors to come into operation for transitional purposes only;
- 6th April 1997 for— Article 133 (new contracting-out requirements), in so far as it is not already in operation, and that day is designated as the principal appointed day for the purposes of Part IV of the Order.
Footnotes
[^f00001]: S.I. 1995/3213 (N.I. 22)
[^f00002]: 1993 c. 49
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