The Occupational Pension Schemes (Payments to Employer) Regulations (Northern Ireland) 2006

Type Ni-Statutory-Rule
Publication 2006-03-27
Last updated 2014-07-24
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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Made: 27th March 2006

Coming into operation: 6th April 2006

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 37(3)(a), (b) and (g), (4), (5) and (8), 76(2), (3)(d) and (8), 122(3) and 166(1) to (3) of the Pensions (Northern Ireland) Order 1995[^f00001], and now vested in it[^f00002], and Article 228(6)(a) of the Pensions (Northern Ireland) Order 2005[^f00003].

PART 1 — Citation, commencement and interpretation

Citation and commencement

1

These Regulations may be cited as the Occupational Pension Schemes (Payments to Employer) Regulations (Northern Ireland) 2006 and shall come into operation on 6th April 2006.

Interpretation

2

to a scheme which has no active members, references to the employer have effect as if they were references to the person who was the employer immediately before the occurrence of the event after which the scheme ceased to have such members.

PART 2 — Schemes not in wind up

Schemes not in wind up

3

Schemes that are subject to Part IV of the 2005 Order - determination of assets and liabilities

4

the trustees may use this valuation for the purposes of regulation 7(1) and Article 37(3)(a), (“a Part IV valuation”).

as the case may be, of the Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 2005[^f00009] (actuarial valuations and reports), and

Schemes that are subject to Part IV of the 2005 Order - valuation of assets and liabilities

5

Prescribed persons for the purposes of Article 37(3)(a)

6

The prescribed persons for the purposes of Article 37(3)(a) (payment of surplus to employer) are in the case of a scheme that is subject to Part IV of the 2005 Order (scheme funding)—

Schemes that are subject to Part IV of the 2005 Order – valuation certificate and amount of payment to employer

7

Earmarked schemes

8

Period for which a valuation certificate is to remain in force

9

A valuation certificate shall remain in force—

from the effective date of the valuation.

Notification to members

10

shall be stated, and

Notification to the Regulator

11

Where the trustees of a scheme to which regulation 3(1)(a) applies have made a payment in accordance with Article 37(1)(a) (payment of surplus to employer), they shall notify the Regulator that the payment has been made by no later than one week after the day on which the payment was made.

PART 3 — Exemptions, transitional provisions and modifications

Exemptions

12

Transitional

13

The prescribed requirements for the notice specified in Article 228(6)(a) of the 2005 Order (payment of surplus to employer: transitional power to amend scheme) are that the notice shall—

Modifications in relation to earmarked schemes

14

In relation to a scheme to which regulation 3(1)(b) applies, Article 37 (payment of surplus to employer) shall be modified as if in paragraph (3) sub-paragraphs (a) to (c), (f) and (g) were omitted.

PART 4 — Schemes in wind up

Notice of proposal to distribute excess assets to the employer

15

Circumstances in which the Regulator must be satisfied that the requirements of Article 76 are met

16

Additional requirement for purposes of Article 76

17

Where—

the trustees or, as the case may be, the employer shall obtain written confirmation from the Regulator that it has not received any representations or information referred to in regulation 16(1)(a) and that Article 76(4) (excess assets on winding up) accordingly, does not apply.

PART 5 — Multi-employer Schemes

Schemes with more than one employer

18

these Regulations shall apply as if each section of the scheme were a separate scheme.

Articles 37 (payment of surplus to employer) and 76 (excess assets on winding up) and these Regulations apply as if the section in relation to which those conditions have ceased to be satisfied were a separate scheme.

PART 6 — Revocations

Revocations

19

The Regulations specified in column 1 of Schedule 2 are revoked to the extent specified in column 3.

SCHEDULE 1

SCHEDULE 2 — Revocations

Column 1 Column 2 Column 3
Citation Reference Extent of revocation
The Occupational Pension Schemes (Payments to Employers) Regulations (Northern Ireland) 1997 S.R. 1997 No. 96 The whole of the Regulations
The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1997 S.R. 1997 No. 160 In the Schedule, paragraph 17
The Occupational Pension Schemes (Payments to Employers) (Amendment) Regulations (Northern Ireland) 1997 S.R. 1997 No. 473 The whole of the Regulations
The Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 2005 S.R. 2005 No. 171 In the Schedule, paragraph 11

Signed

Sealed with the Official Seal of the Department for Social Development on 27th March 2006.

John O'Neill — A senior officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the circumstances in which, and the extent to which, payments may be made from certain pension schemes to the employer in relation to that scheme (“the relevant employer”) of the scheme.

Regulations 1 and 2 provide for the citation, commencement and interpretation.

Regulation 3 prescribes that no payment may be made under Article 37 of the Pensions (Northern Ireland) Order 1995 (“the 1995 Order”) except in the case of the types of scheme specified in that regulation.

Regulation 4 prescribes that in the case of a scheme which is subject to the requirements of Part IV of the Pensions (Northern Ireland) Order 2005 (“the 2005 Order”), which is not a regulatory own funds scheme and which is not winding up, prior to a payment to the relevant employer being made there must be an actuarial valuation of the scheme’s assets and liabilities. It also prescribes the assets and liabilities that shall be taken into account when making this valuation.

Regulation 5 prescribes the manner in which the actuary shall value the assets and estimate the value of the liabilities of the scheme.

Regulation 6 prescribes the persons who may prepare and sign a written valuation under Article 37(3)(a) of the 1995 Order.

Regulation 7 prescribes that where a valuation shows that the assets of the scheme exceed the liabilities of the scheme, then the maximum payment that may be made to the employer is the amount of that excess, and that where this is the case the actuary shall certify this on a form set out in Schedule 1.

Regulation 8 prescribes that in the case of a money purchase scheme that holds each member’s fund under a separate insurance policy a scheme may consider making a payment to the relevant employer where the liabilities in relation to any particular member have been secured or paid in full, and the payment to the employer represents the excess of the assets produced by the insurance policy, over and above the member’s entitlement to scheme benefits.

Regulation 9 specifies that, depending on the type of scheme, a valuation certificate shall be valid for a maximum period of either twelve or fifteen months from the date it is prepared.

Regulation 10 prescribes the information that the trustees of the scheme must provide to the scheme members where the trustees propose to exercise a power to make a payment to the relevant employer.

Regulation 11 prescribes the information that the trustees of the scheme must provide to the Regulator where a payment to the relevant employer is to be made.

Regulation 12 provides for exceptions to the requirements of Articles 37 and 76 of the 1995 Order.

Regulation 13 provides for transitional provisions in relation to schemes with existing powers to make payments to employers.

Regulation 14 modifies Article 37 of the 1995 Order in the case of an earmarked scheme.

Regulation 15 prescribes requirements in accordance with which notice shall be given to scheme members where the trustees plan to distribute a scheme surplus when a scheme is winding up.

Regulation 16 provides for circumstances where the Regulator must be satisfied that the provisions of Article 76 of the 1995 Order are satisfied.

Regulation 17 provides that where they have not received notification from the Regulator that the power to pay excess assets to the employer should not be exercised, then the trustees or employers in relation to the scheme should obtain written confirmation from the Regulator that it has not received any representations or information that could impact on payment of surplus assets upon wind up.

Regulations 18 provides for the application of Articles 37 and 76 of the 1995 Order in relation to a scheme with more than one employer.

Regulation 19 and Schedule 2 make consequential revocations.

Schedule 1 prescribes the form required for an actuarial certificate under regulation 7.

The Pensions (2005 Order) (Commencement No. 9) Order (Northern Ireland) 2006 (S.R. 2006 No. 95 (C. 7)) provides for the coming into operation of Articles 227, which substituted Article 37 of the 1995 Order, one of the enabling provisions under which these Regulations are made, and 228(6)(a) of the 2005 Order, another enabling provision under which these Regulations are made, for the purposes only of authorising the making of regulations, on 9th March 2006 and for all other purposes on 6th April 2006.

As these Regulations make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Work and Pensions in relation to Great Britain, the requirement to consult under Article 117(1) of the 1995 Order and Article 289(1) of the 2005 Order does not apply by virtue of paragraph (2)(e) of each of those Articles.

Footnotes

[^f00001]: S.I. 1995/3213 (N.I. 22)); Article 37 was substituted by Article 227 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)); Article 76 is amended by paragraph 56 of Schedule 10 to that Order

[^f00002]: See Article 8(b) of S.R. 1999 No. 481

[^f00003]: S.I. 2005/255 (N.I. 1)

[^f00004]: See section 1 of the Pensions Act 2004 (c. 35)

[^f00005]: Article 41 was amended by paragraph 10(1) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)), paragraph 22 of the Schedule to S.R. 2005 No. 434 and paragraph 46 of Schedule 10 and Schedule 11 to the Pensions (Northern Ireland) Order 2005

[^f00006]: 1954 c. 33 (N.I.)

[^f00007]: Part IV was modified by Schedule 2 to S.R. 2005 No. 568 and regulation 5(1) of S.R. 2005 No. 570

[^f00008]: See Article 203(2)(a) of the Pensions (Northern Ireland) Order 2005

[^f00009]: S.R. 2005 No. 568

[^f00010]: Article 40 was amended by Article 152 of S.I. 2001/3649, Article 26 of S.I. 2004/355 and paragraph 45 of Schedule 10 to the Pensions (Northern Ireland) Order 2005

[^f00011]: Article 74(3)(c) was amended by Article 60 of S.I. 2002/1555

[^f00014]: S.I. 1995/3213 (N.I. 22); Article 37 is substituted by Article 227 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)); Article 76 is amended by paragraph 56 of Schedule 10 to that Order

Editorial notes

[^key-8581f0b62d2beeb1463f7bf629fac07e]: Reg. 1 in operation at 6.4.2006, see reg. 1

[^key-e02ea01377f9b6126dcd0463a2b814a3]: Reg. 2 in operation at 6.4.2006, see reg. 1

[^key-d0f4738b0faceeadd9ebd0d84200bbe7]: Reg. 3 in operation at 6.4.2006, see reg. 1

[^key-a280caf7a22faf8b1e49a89985740ece]: Reg. 4 in operation at 6.4.2006, see reg. 1

[^key-fe3c6d98b2754e8e536565d906881681]: Reg. 5 in operation at 6.4.2006, see reg. 1

[^key-590cbe499aa743fb6771d1e8f2e26f04]: Reg. 6 in operation at 6.4.2006, see reg. 1

[^key-81ccaf4ff9da3e270d81d268b9f056b4]: Reg. 7 in operation at 6.4.2006, see reg. 1

[^key-6d31202810bc3ba837ff1335dfacd54e]: Reg. 8 in operation at 6.4.2006, see reg. 1

[^key-166507704eb2fdcf347adb7d6b27d39c]: Reg. 9 in operation at 6.4.2006, see reg. 1

[^key-cca3931a52a6bb0ab7f2e8c8d8cf1add]: Reg. 10 in operation at 6.4.2006, see reg. 1

[^key-6b8017646158aba33af93b3ec718d319]: Reg. 11 in operation at 6.4.2006, see reg. 1

[^key-dc205ab52ee0fab00b249c053cccdd5f]: Reg. 12 in operation at 6.4.2006, see reg. 1

[^key-76708f7b3e84d377cfff13e544d6fe42]: Reg. 13 in operation at 6.4.2006, see reg. 1

[^key-750c8c15c4303c3ff03cde9781ddcf72]: Reg. 14 in operation at 6.4.2006, see reg. 1

[^key-459d66fd062bffc41f70fa643e73d256]: Reg. 15 in operation at 6.4.2006, see reg. 1

[^key-da8baec762efd64990d88bb62355d464]: Reg. 16 in operation at 6.4.2006, see reg. 1

[^key-bdb8c725f74c01be2a5a8d03b70265cb]: Reg. 17 in operation at 6.4.2006, see reg. 1

[^key-c71693aafa3947005fceae823d564811]: Reg. 18 in operation at 6.4.2006, see reg. 1

[^key-87ecb5743d12c4ce963cb29a23cfa9d8]: Reg. 19 in operation at 6.4.2006, see reg. 1

[^key-fe4f0e5de7981a3e0fe2deae594904cc]: Sch. 1 in operation at 6.4.2006, see reg. 1

[^key-c591a6e8c23a5c6659431625bf3c6224]: Sch. 2 in operation at 6.4.2006, see reg. 1

[^key-08a986dbdd30cebf3533f6b3ee497529]: Words in reg. 6(b) substituted (6.4.2012) by The Pensions (Institute and Faculty of Actuaries and Consultation by Employers) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/113), regs. 1(1), 13

[^key-2a21387c25313996844833c783fdead6]: Reg. 10(4) added (6.4.2014) by The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (S.R. 2014/79), reg. 1(1), Sch. 9 para. 15(a)

[^key-7a497ada644d55db9ce0d6716aed21e9]: Reg. 15(6) added (6.4.2014) by The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (S.R. 2014/79), reg. 1(1), Sch. 9 para. 15(b)

[^key-876594228d4fa51d60b8aa658f8bf07a]: Words in reg. 2 substituted (24.7.2014) by The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/204), regs. 1(1), 38

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