The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014

• (3) Where regulation 16A of the Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 2005 (authorised Master Trust schemes) applies to a scheme that is a trust scheme, then for the purposes of the statement required by sub-paragraph (1), any employer-related investments which do not meet the definition in regulation 16A(4) of those Regulations may be disregarded.

SCHEDULE 4 — Summary funding statements

1

A summary that—

• (a) explains the extent to which the assets of the scheme are adequate to cover its technical provisions, and

• (b) is based on—

• (i) the last actuarial valuation under Article 203 of the 2005 Order (actuarial valuations and reports) received by the trustees or managers of the scheme, and

• (ii) any actuarial report under that provision they have received since that actuarial valuation.

2

In the case of the first summary funding statement issued in respect of the scheme, an explanation of the changes in the funding position of the scheme since—

• (a) the last actuarial valuation of the scheme under Article 203(1)(a) of the 2005 Order, or

• (b) if no such valuation was obtained, the last actuarial valuation under the scheme rules.

3

In the case of any subsequent summary funding statement, an explanation of any change in the funding position of the scheme since the date of the previous summary funding statement.

4

The actuary’s estimate of solvency contained in the last actuarial valuation under Article 203 of the 2005 Order received by the trustees or managers of the scheme.

5

A summary of any recovery plan prepared under Article 205 of the 2005 Order that is currently in force.

6

A statement explaining—

• (a) whether the scheme has been modified under Article 210(2)(a) of the 2005 Order;

• (b) whether the scheme is subject to directions by the Regulator under Article 210(2)(b) of the 2005 Order, and

• (c) whether the scheme is bound by a schedule of contributions imposed by the Regulator under Article 210(2)(c) of the 2005 Order.

7

Where there has been a modification, directions or a schedule of contributions referred to in paragraph 6, a summary of the circumstances in which they were made.

8

A statement explaining whether any payment to the employer under Article 37⁴⁸ of the 1995 Order (payment of surplus to employer) has been made—

• (a) in the case of the first summary funding statement issued in respect of the scheme, in the 12 months before the date on which that statement is prepared, and

• (b) in the case of any subsequent summary funding statement issued in respect of the scheme, since the date of the last such statement.

9

Where a payment referred to in paragraph 8 has been made, the amount of that payment.

SCHEDULE 5 — Statements of benefits: non money purchase benefits

PART 1 — Information for active members

1

The amount of any benefits (and how they are calculated) that would be payable on a date specified by the trustees or managers of the scheme if the member of the scheme were to die in service.

2

One of the following amounts, chosen by the trustees or managers of the scheme, of the member’s benefits and survivors’ benefits calculated without regard to possible increases in the member’s salary—

• (a) the amounts that would be payable from the date benefits are payable if pensionable service were to end on a date specified by the trustees or managers of the scheme;

• (b) the amounts that would be payable from the date benefits are payable if pensionable service were to end on the member attaining normal pension age, or

• (c) the amounts that would be payable from the date benefits are payable if pensionable service were to end on a date agreed between the member and the trustees or managers of the scheme.

3

The amount of the member’s pensionable remuneration on a date specified by the trustees or managers of the scheme.

PART 2 — Information for active and deferred members

4

The date on which the member’s pensionable service started.

5

A summary of the method for calculating the member’s benefits and any survivors’ benefits.

6

Details of how any deduction from benefits is calculated.

PART 3 — Information for deferred members

7

The date the member’s pensionable service ended.

8

The amount of the member’s benefits and survivors’ benefits payable from the date benefits are payable.

9

The amount of the member’s pensionable remuneration on the date pensionable service ended.

PART 4 — Information for pension credit members

10

The amount of the member’s benefits and survivors’ benefits payable from the date benefits are payable.

11

A summary of the method for calculating the member’s benefits and any survivors’ benefits.

12

Details of how any deduction from benefits is calculated.

SCHEDULE 6 — Statements of benefits: money purchase benefits and cash balance benefits

PART 1 — Information for all money purchase members

1

The amount of contributions (before any deductions are made) credited to the member under the scheme during—

• (a) in the case of an occupational pension scheme—

• (i) the immediately preceding scheme year, and

• (ii) the scheme year mentioned in regulation 17(9)(a) if—

• (aa) contributions have been credited during that year, and

• (bb) the information relating to that year has not been given, and

• (b) in the case of a personal pension scheme, the 12 months immediately preceding a date specified by the managers of the scheme.

2

Where an occupational pension scheme was a contracted-out scheme at any time before the abolition date⁴⁹—

• (a) the date of birth used in determining the appropriate age-related percentage for the purposes of section 38A⁵⁰ of the 1993 Act (reduced rate of Class 1 contributions, and rebates);

• (b) the name and postal address or electronic address of a person who can be contacted if the date of birth is incorrect, and

• (c) the amount of the contributions referred to in paragraph 1 paid to the scheme in respect of the member during the scheme years referred to in that paragraph which is attributable to—

• (i) the minimum payments made by the member’s employer;

• (ii) any payments made by the Department in accordance with Article 9(1) of the Social Security (Northern Ireland) Order 1986⁵¹ (schemes becoming contracted-out between 1986 and 1993);

• (iii) any age-related payments made by HMRC in accordance with section 38A(3) of the 1993 Act.

3

• (1) Where a personal pension scheme was an appropriate scheme at any time before the abolition date—

• (a) the date of birth used in determining the appropriate age-related percentage for the purposes of section 41(1)⁵² of the 1993 Act (amount of minimum contributions);

• (b) the name and postal address or electronic address of any person who can be contacted if the date of birth is incorrect, and

• (c) the amount of the minimum contributions paid by HMRC in respect of the member during the 12 months preceding a specified date that are attributable to section 41(1) of the 1993 Act identifying separately that part of the contributions that is attributable to tax relief on the employee’s share of minimum contributions, being the difference between that share and the grossed-up equivalent of that share.

• (2) In sub-paragraph (1)(c) the expressions “employee’s share” and “grossed-up equivalent” have the meanings given to them by section 202(3) and (4) of the Finance Act 2004⁵³ (minimum contributions under pensions legislation).

4

The value of the member’s accrued rights under the scheme at a date specified by the trustees or managers of the scheme.

5

Any cash equivalent in respect of the transfer of the member’s rights mentioned in paragraph 4 that would be different from the values to be specified, at the date specified, under that paragraph, calculated in accordance with—

• (a) sections 93⁵⁴ and 97I of the 1993 Act (calculation of cash equivalents), in the case of an occupational pension scheme, or

• (b) regulations 3 and 4 of the Personal Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1987⁵⁵ (calculation and verification and increases and reductions of cash equivalents), in the case of a personal pension scheme.

PART 2 — Pension illustration

6

For money purchase benefits, an illustration of the amount of the pension—

• (a) that is calculated in accordance with paragraphs 7 and 8;

• (b) an entitlement to which would be likely to accrue to the member, or be capable of being secured by the member, at the member’s retirement date, and

• (c) in respect of rights to money purchase benefits that may arise under the scheme.

7

• (1) The amount referred to in paragraph 6 must be calculated—

• (a) by reference to—

• (i) the relevant guidance, and

• (ii) the assumptions listed in paragraph 8;

• (b) having regard to the value of the member’s accrued rights to money purchase benefits under the scheme on the illustration date.

• (2) For the purposes of paragraph 6, the calculation of the amount of the pension may take account of a lump sum.

8

• (1) The assumptions are—

• (a) where the calculation relates to the rights of a non-contributing member, that no contributions will be made to the scheme by the member, or on the member’s behalf, after the illustration date, or

• (b) in any other case, that until the member’s retirement date—

• (i) contributions to the scheme will be made by the member or on the member’s behalf, and

• (ii) the scheme will maintain its tax registration under section 153 of the Finance Act 2004 (registration of pension schemes).

• (2) In this paragraph “non-contributing member” means a member in respect of whom no further contributions to the scheme are due or expected after the illustration date.

9

A statement that the information given under this Part is given only for the purposes of illustration and that it does not represent any promise or guarantee as to the amount of benefit that may be receivable by the member or a beneficiary of the scheme under the scheme.

10

A statement of how the person to whom the information given under this Part relates may obtain from the trustees or managers of the scheme further details about that information.

11

A statement that general assumptions have been made.

12

A statement that any amounts in the information given under this Part are expressed in today’s prices.

13

The member’s retirement date used for the purposes of the information given under this Part.

14

The illustration date used for the purposes of the information given under this Part.

PART 3 — Further information to be given on pension illustration

15

A statement that—

• (a) assumptions have been made about the nature of the investments made for the purposes of the member’s money purchase benefits and their likely performance, and

• (b) those assumptions may not correspond with the investments actually made for those purposes or their actual performance.

16

A statement that the amount of any pension payable under the scheme to, or in respect of, the member will depend on considerations (including the performance of investments and the cost of buying an annuity at the time the pension becomes payable) which may be different from any assumptions made.

17

A statement of any—

• (a) assumptions made relating to future contributions to the scheme;

• (b) assumptions made relating to the lump sum, the level of increases in the pension and the pension payable to the spouse or civil partner, and

• (c) changes to the assumptions mentioned in sub-paragraph (b) that were used for the previous information given under paragraph 6.

SCHEDULE 7 — Information to be given by schemes that relates to accessing benefits and to benefit adjustments

PART 1 — Information to be given to persons having an opportunity to select an annuity

1

A statement that the person has an opportunity to select an annuity.

2

A statement that the person has an opportunity to select the provider of the annuity.

3

A statement that different annuities have different features and different rates of payment including annuities that provide—

• (a) the same payments every year;

• (b) increasing payments every year;

• (c) payments only for the person;

• (d) payments for the person’s spouse or civil partner;

• (e) a guarantee on the early death of the person.

4

Either—

• (a) an explanation of the characteristic features of the annuities referred to in paragraph 3, or

• (b) a copy of guidance giving that explanation that has been prepared or approved by the Regulator.

5

A statement that the person should consider taking advice about which annuity is most suitable for that person.

PART 2 — Information on accessing benefits for members and survivors

6

The amount of benefit that is payable.

7

If benefit is payable periodically—

• (a) any conditions for continuing to make the payments, and

• (b) any provisions which would allow the payments to be altered.

8

Any rights and options that persons have on the death of the member or beneficiary of the scheme.

9

Any procedures for exercising the rights and options referred to in paragraph 8.

10

The provisions (or, as the case may be, a statement that there are no provisions) under which the pension payable to the survivor of a member or beneficiary of the scheme may or will be increased or decreased and the extent to which such or decreases are dependent on the exercise of a discretion.

SCHEDULE 8 — Information to be given by schemes about winding up

PART 1 — Information to be given by occupational pension schemes during winding up

1

A statement that the scheme is being wound up.

2

The reasons why the scheme is being wound up.

3

Where Article 22⁵⁶ of the 1995 Order (circumstances in which following provisions apply) applies, a statement that at least one of the trustees of the scheme is required to be an independent person by Article 23⁵⁷ of that Order.

4

In the case of active members, whether death in service benefits will continue to be payable.

5

A summary of the action that is being taken, and that has been taken, to—

• (a) establish the scheme’s liabilities, and

• (b) recover any assets.

6

An estimate of when—

• (a) the scheme’s liabilities are likely to be established, and

• (b) any assets are likely to be recovered.

7

Except in the case of a collective money purchase scheme, either —

• (a) an indication of the extent to which (if at all) the actuarial value of accrued rights or benefits are likely to be reduced, or

• (b) a statement that there is insufficient information to provide such an indication.

PART 2 — Information to be given by occupational pension schemes after winding up

8

Whether the member or beneficiary’s benefits are reduced because the scheme’s resources are not sufficient to meet its liabilities.

9

The amount of any reduction of the member’s, or beneficiary’s, benefits.

10

Who has or will become liable for the payment of the member’s, or beneficiary’s, benefits.

PART 3 — Information to be given by personal pension schemes after winding up

11

• (1) The amount of—

• (a) contributions (before the making of any deductions), including a nil amount, credited to the member under the scheme during the period of 12 months preceding a date specified by the managers of the scheme, and

• (b) where the scheme was, at any time before the abolition date, an appropriate scheme, the minimum contributions paid by HMRC in respect of the member in that 12 month period that is attributable to section 41(1) of the 1993 Act identifying separately that part of the contributions that is attributable to tax relief on the employee’s share of minimum contributions, being the difference between that share and the grossed-up equivalent of that share.

• (2) In sub-paragraph (1)(b) the expressions “employee’s share” and “grossed-up equivalent” have the meanings given to them by section 202(3) and (4) of the Finance Act 2004 (minimum contributions under pensions legislation).

12

At a date specified by the managers of the scheme—

• (a) the value of the member’s accrued rights under the scheme, and

• (b) if different, the value of the cash equivalent calculated in accordance with regulations 3 and 4 of the Personal Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1987 (calculation and verification and increases and reductions of cash equivalents).

13

The options available to a member for preserving, transferring or otherwise disposing of the member’s accrued rights under the scheme.

14

An account of the amount by which the member’s accrued rights have been reduced and of the action taken by the managers of the scheme, or which is open to the member to take, in order, so far as may be possible, to restore the value of the member’s accrued rights under the scheme.

PART 4 — Report under Article 72A of the 1995 Order

15

Where a report has been made to the Regulator under Article 72A⁵⁸ of the 1995 Order (reports to Authority about winding up), a copy of that report.

PART 5 — Information on expected benefits

16

An estimate of the amount of the member’s and beneficiary’s benefits that are expected to be payable from normal pension age or death.

SCHEDULE 9 — Consequential amendments

1

In the Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991⁵⁹—

• (a) in regulation 1 (interpretation) after paragraph (3)⁶⁰ add—

(4) Any information or documents required to be furnished under these Regulations to a person, may be given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).

• (b) in regulation 9(6)(c)⁶¹ (bought out benefits) for the words from “and the notice” to “his last known address” substitute “(the notice being sent to the member in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”.

2

In regulation 3(3) of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996⁶² (notices by employers of intended election)—

• (a) in sub-paragraph (a) for head (i) substitute—

(i) sending it to the earner in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents); (ia) delivering it to the earner, or

• (b) for sub-paragraph (b) substitute—

(b) to any other person, by— (i) sending it to that person in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents), or (ii) delivering it to that person.

3

In regulation 11 of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996⁶³ (disclosure) after paragraph (6) add—

(7) The trustees may provide any information or notification under this regulation in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).

4

In the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996⁶⁴—

• (a) in regulation 7 (requirements applicable to notices of discharge under regulation 6) after paragraph (10) add—

(11) A discharge notice and any notice under paragraph (3) may be given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).

• (b) in regulation 11(2) (records and information) after “in writing” insert “in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”.

5

In the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations (Northern Ireland) 1997⁶⁵—

• (a) in regulation 2 (requirement of trustees or managers to obtain documents) after paragraph (2)⁶⁶ insert—

(2AA) Information may be made available under paragraph (2) in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In regulation 6(5)(b)(ii) of the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997⁶⁷ (further conditions on which liability may be discharged) for the words from “the notice,” to “last known address” substitute “the notice to the widow, widower or surviving civil partner in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”.

7

After regulation 10 of the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000⁶⁸ (provision of information after receipt of an earmarking order) add—

(11) (1) Subject to paragraph (2), a person required to provide information under regulation 2, 4, 6, 7, 8 or 10 must provide that information in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents). (2) Information may be provided to the court by means of an electronic communication only where the court has given its permission. (3) In this regulation “electronic communication” has the meaning given by section 4(1) of the Electronic Communications Act (Northern Ireland) 2001⁶⁹.

8

In the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000⁷⁰—

• (a) in regulation 1(5) for “Without” substitute “Subject to the following provisions of these Regulations, without”;

• (b) in regulation 8(6)(a) (bought out benefits) for “sent to that person at his last known address” substitute “given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”;

• (c) in regulation 10(5)(a) (transfer of a person’s pension credit rights without consent) for “sent to that person at his last known address” substitute “given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”;

• (d) in regulation 15(5)(b) (further conditions on which liability may be discharged) for “sent to that person at his last known address” substitute “given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2014 (giving information and documents)”.

9

In the Stakeholder Pension Schemes Regulations (Northern Ireland) 2000⁷¹—

• (a) in regulation 1(3) (interpretation)—

• (i) in the definition of “non-contributing member”⁷²—

• (aa) omit paragraph (a);

• (bb) in paragraph (b) omit “in relation to a personal pension scheme,”;

• (ii) for the definition of “the relevant guidance”⁷³ substitute—

• “relevant guidance” means the document entitled “AS TM1: Statutory Money Purchase Illustrations” that is adopted or prepared, and from time to time revised, by the Financial Reporting Council Limited⁷⁴;

• (b) in regulation 18(7)⁷⁵ (disclosure of information to members)—

• (i) in sub-paragraph (a) for “manager;” substitute “manager, and”;

• (ii) in sub-paragraph (b)(ii) for “delivered, and” substitute “delivered.”;

• (iii) omit sub-paragraph (c);

• (c) in regulation 18A—

• (i) in paragraph (1) for “Where a” substitute “Subject to paragraph (1A), where a”;

• (ii) after paragraph (1) insert—

(1A) The information mentioned in paragraph (1) need not but may, nevertheless, be given in respect of a statement year where— (a) the statement year is the first to end on or after the date the person became a member of the scheme, and (b) the end of that statement year falls at a time when— (i) no contributions have been credited to the scheme in respect of the person, or (ii) the person has the right to opt out of the scheme under section 8 of the Pensions (No. 2) Act (Northern Ireland) 2008⁷⁶ (jobholder’s right to opt out). (1B) Where— (a) the information is not provided to the person by virtue of paragraph (1A), and (b) contributions have been credited in respect of the member in respect of the statement year mentioned in paragraph (1A)(a), it must be provided no later than the information that relates to the next following statement year.

• (iii) after paragraph (2) insert—

(2A) For the purposes of paragraph (2), the calculation of the amount of the pension mentioned in that paragraph may take account of a lump sum.

• (iv) in paragraph (4)—

• (aa) in sub-paragraph (c)(iii) for “behalf;” substitute “behalf, or”;

• (bb) in sub-paragraph (d)(iii) for “date, or” substitute “date.”;

• (cc) omit sub-paragraph (e);

• (d) in regulation 18B⁷⁷—

• (i) in paragraph (1)(b) omit the words from “and about annuities” to “relevant guidance”;

• (ii) omit paragraphs (3) and (4);

• (e) in regulation 18C (service of information by a scheme) for paragraph (4) substitute—

(4) Where— (a) a member or beneficiary was a member or beneficiary of the scheme on 1st December 2010, and (b) relevant information was not given by the trustees or manager of the scheme before that date by the methods described in paragraph (1)(b), relevant information may not be furnished or given to the member or beneficiary in accordance with paragraph (1)(b) unless the trustees or manager of the scheme have given that member or beneficiary the written notice referred to in paragraph (5). (4A) The written notice mentioned in paragraph (4) must not be given by the methods mentioned in paragraph (1)(b).

• (f) in regulation 18E (provision of information on a website)—

• (i) in paragraph (1) for “This regulation sets” substitute “This regulation and regulation 18F set”;

• (ii) for paragraph (2) substitute—

(2) When a website is used for the first time to make available relevant information, a notification must be given to the recipient.

• (iii) for paragraph (4) substitute—

(4) Subject to regulation 18F, each time a website is used at a subsequent time to make available information or documents, a notification must be given to the recipient. (4A) The notification referred to in paragraph (4) must state that the information or document is available on the website. (4B) The notifications mentioned in paragraphs (2) and (4) must not be given by making them available on a website.

• (iv) omit paragraph (6);

• (v) in paragraph (7) after “this regulation” insert “and regulation 18F”;

• (g) after regulation 18E insert—

(18F) (1) The notification mentioned in regulation 18E(4) need not be given where paragraphs (2) to (4) of this regulation are satisfied. (2) This paragraph is satisfied where— (a) the trustees or manager of the scheme have given the recipient at least 2 documents by either of the following methods— (i) given by hand, or (ii) sent to the recipient’s last known postal address, and (b) each of those documents— (i) asks the recipient to give that recipient’s electronic address to the trustees or manager of the scheme except where the trustees or manager of the scheme do not have the facility for sending information or documents to that address, and (ii) states that the recipient may request in writing that information or documents are not given by means of an electronic communication. (3) This paragraph is satisfied where— (a) paragraph (2) is satisfied, and (b) the trustees or manager of the scheme have given the recipient, by either of the methods mentioned in paragraph (2)(a), a further document that— (i) meets the requirements of paragraph (2)(b), and (ii) states that further information and documents will be available to read on the website and that no further notifications will be sent to the recipient. (4) This paragraph is satisfied where— (a) paragraphs (2) and (3) are satisfied, and (b) the trustees or manager of the scheme— (i) do not know the recipient’s electronic address or do not have the facility for sending information or documents to that address, and (ii) have not received a written request that information or documents are not given to the recipient by means of an electronic communication. (5) Where the information to be made available is that required by regulation 18A(1), the notification referred to in regulation 18E(4) need only be given as required by regulation 18A(1).

• (h) in paragraph 6 of Schedule 3⁷⁸ (information for members)—

• (i) in sub-paragraph (c) for “scheme, and” substitute “scheme;”;

• (ii) for sub-paragraph (d) substitute—

(d) a statement of any assumptions made relating to the lump sum, the level of increases in the pension and the pension payable to the spouse or civil partner, and (e) a statement of any changes to the assumptions mentioned in sub-paragraph (d) that were used for the previous information given under regulation 18A(2).

10

In regulation 5A of the Personal Pension Schemes (Payments by Employers) Regulations (Northern Ireland) 2000⁷⁹ (the issue of payment statements to an employee) after paragraph (5) add—

(6) A statement referred to in paragraph (1) may be issued in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).

11

In regulation 7 of the Occupational Pension Schemes (Winding Up Notices and Reports, etc.) Regulations (Northern Ireland) 2002⁸⁰ (applications to the Authority to modify schemes to secure winding up)—

• (a) in paragraph (3) for sub-paragraph (a) substitute—

(a) to all members of the scheme (except a member mentioned in paragraph (3A)) in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents), and

• (b) after paragraph (3) insert—

(3A) A member referred to in paragraph (3)(a) is a member— (a) whose present postal address and electronic address are not known to the trustees or managers of the scheme, and (b) in respect of whom the trustees or managers of the scheme have sent correspondence to that member’s last known— (i) postal address and that correspondence has been returned, or (ii) electronic address and the trustees or managers of the scheme are satisfied that that correspondence has not been delivered.

12

In regulation 13 of the Occupational Pension Schemes (Independent Trustee) Regulations (Northern Ireland) 2005⁸¹ (disclosure requirements and penalty) after paragraph (8) add—

(9) The appointed trustee may give any information under this regulation in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).

13

In the Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 2005⁸²—

• (a) in regulation 6(6) (adjustments to discretionary awards) for “given by post” substitute “given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents)”;

• (b) in regulation 7(6) (adjustments to survivors’ benefits) for “given by post” substitute “given in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).”.

14

In regulation 11 of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006⁸³ (requirement to provide information) after paragraph (2) add—

(3) Information provided under this regulation may be provided in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).

15

In the Occupational Pension Schemes (Payments to Employer) Regulations (Northern Ireland) 2006⁸⁴—

• (a) in regulation 10 (notification to members) after paragraph (3) add—

(4) The trustees of the scheme may give the notice mentioned in paragraph (1) and provide a copy of the relevant valuation certificate mentioned in paragraph (2) in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).

• (b) in regulation 15 (notice of proposal to distribute excess assets to the employer) after paragraph (5) add—

(6) A notice under this regulation may be sent in accordance with regulations 26 to 28 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (giving information and documents).

16

In regulation 20 of the Pensions (2008 Act) (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Provisions) Regulations (Northern Ireland) 2012⁸⁵ for paragraph (4) (amendment of the Stakeholder Pension Schemes Regulations) substitute—

(4) In Schedule 3 (information for members)— (a) in paragraph 1 omit sub-paragraph (d); (b) in paragraph 2 omit sub-paragraphs (e), (f) and (g).

SCHEDULE 10 — Consequential revocations

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of evocation
The Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987	S.R. 1987 No. 288	The whole Regulations
The Personal and Occupational Pension Schemes (Tax Approval and Miscellaneous Provisions) Regulations (Northern Ireland) 1988	S.R. 1988 No. 107	Regulation 6
The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1992	S.R. 1992 No. 304	Regulations 18 to 24
The Occupational and Personal Pension Schemes (Consequential Amendments) Regulations (Northern Ireland) 1994	S.R. 1994 No. 300	Paragraph 13 of Schedule 2
The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1995	S.R. 1995 No. 7	Regulation 5
The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 95	Regulation 3
The Personal Pension Schemes (Appropriate Schemes and Disclosure of Information) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 508	Regulation 2
The Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997	S.R. 1997 No. 98	The whole Regulations
The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1997	S.R. 1997 No. 160	Paragraphs 1 and 19 of the Schedule
The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1999	S.R. 1999 No. 486	Regulations 13 and 15
The Stakeholder Pension Schemes Regulations (Northern Ireland) 2000	S.R. 2000 No. 262	Regulations 26 and 31
The Pension Sharing (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2000	S.R. 2000 No. 335	Regulations 2 and 5
The Personal Pension Schemes (Payments by Employers) Regulations (Northern Ireland) 2000	S.R. 2000 No. 349	Regulation 1(5)
The Occupational Pension Schemes (Winding Up Notices and Reports, etc.) Regulations (Northern Ireland) 2002	S.R. 2002 No. 74	Regulation 14
The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2002	S.R. 2002 No. 410	Regulations 2, 3 and 4(2)(c)
The Social Security and Pensions (Financial Services and Markets Act 2000) (Consequential Amendments) Regulations (Northern Ireland) 2003	S.R. 2003 No. 256	Regulation 2
The Personal and Occupational Pension Schemes (Indexation and Disclosure of Information) (Miscellaneous Amendments) Regulations (Northern Ireland) 2005	S.R. 2005 No. 170	Regulations 17 to 20
The Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 2005	S.R. 2005 No. 171	Paragraph 10 of the Schedule
The Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 2005	S.R. 2005 No. 568	Paragraphs 6 and 7 of Schedule 3
The Occupational Pension Schemes (Republic of Ireland Schemes Exemption (Revocation) and Tax Exempt Schemes (Miscellaneous Amendments)) Regulations (Northern Ireland) 2006	S.R. 2006 No. 65	Regulation 3
The Occupational Pension Schemes (Winding up Procedure Requirement) Regulations (Northern Ireland) 2006	S.R. 2006 No. 297	Regulation 3
The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2007	S.R. 2007 No. 185	Regulations 2, 8 and 13(3)
The Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008	S.R. 2008 No. 116	Regulation 6(2)
The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2009	S.R. 2009 No. 115	Regulation 9
The Occupational, Personal and Stakeholder Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2010	S.R. 2010 No. 373	Regulations 2 and 3
The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2011	S.R. 2011 No. 89	Regulation 2
The Pensions (2008 Act) (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Provisions) Regulations (Northern Ireland) 2012	S.R. 2012 No. 120	Regulations 4, 8, 13(4), 15, 16, 17 and 19
The Pensions (Financial Reporting Council) (Amendment) Regulations (Northern Ireland) 2012	S.R. 2012 No. 294	Paragraphs 1, 6 and 7 of the Schedule
The Occupational Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2012	S.R. 2012 No. 331	The whole Regulations

Signed

Sealed with the Official Seal of the Department for Social Development on 13th March 2014

Anne McCleary — A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations impose requirements on occupational pension schemes and personal pension schemes relating to the provision of information. They replace the Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987 and the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997 which are now revoked. The provisions of those Regulations which are carried forward are consolidated and amended.

Part 1 contains general provisions. Regulation 2 provides for interpretation. Regulation 3 makes provision relating to recognised trades unions. Regulation 4 sets out the application of the Regulations and indicates which of the duties apply in particular cases. Regulation 5 provides for the imposition of civil penalties for breach of duty by an occupational pension scheme.

Part 2 contains provisions concerning the information that must be given at the initial stage of membership of a pension scheme.

Part 3 contains provision concerning the information that must be given when there are changes to pension schemes.

Part 4 contains provision concerning information that must be given on request.

Part 5 contains provision concerning information that must be given relating to the funding of schemes and the benefits that the schemes may provide.

Part 6 contains provision concerning the information that must be given when the benefits from the scheme are to be accessed.

Part 7 contains provision concerning the information that must be given when the pension in payment changes.

Part 8 contains provisions concerning the information that must be given when schemes are winding up.

Part 9 contains provisions concerning the giving of information or documents required to be given under the Regulations.

Part 10 makes consequential amendments and revocations.

As these Regulations, in so far as they are made under Part 2 of the Pensions (Northern Ireland) Order 1995 (“the 1995 Order”) and Part 5 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (“the 1999 Order”), 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 for consultation does not apply by virtue of Article 117(2)(e) of the 1995 Order and Article 73(9) of the 1999 Order.

An assessment of the impact of these Regulations is detailed in a Regulatory Impact Assessment, a copy of which has been laid in the Business Office and the Library of the Northern Ireland Assembly. Copies of the Assessment are available from the Department for Social Development, Social Security Policy and Legislation Division, Level 1, James House, 2-4 Cromac Avenue, Gasworks Business Park, Ormeau Road, Belfast BT7 2JA or from the website: http://www.dsdni.gov.uk/index/ssa/ssani-publications/ssani-pensions-publications.htm. A copy of the Assessment is also annexed to the Explanatory Memorandum which is available alongside this Statutory Rule on the website: http://www.legislation.gov.uk/nisr.

Footnotes

Editorial notes