Pension Schemes (Northern Ireland) Act 1993
Pension Schemes (Northern Ireland) Act 1993 (1993 c. 49)
- Pension Schemes (Northern Ireland) Act 1993 (1993 c. 49)
- Part I Preliminary
- 1 Categories of pension schemes.
- Part II Administration
- Registration of schemes
- 2 Registration of occupational and personal pension schemes.
- Part III Schemes that were contracted-out etc. and Effects on Members’ State Scheme Rights ...
- Chapter I Schemes that were contracted-out: guaranteed minimum pensions and alteration of scheme rules etc.
- Preliminary
- 3 Issue of contracting-out ... certificates.
- 3A Meaning of the first abolition date” and the second abolition date”
- 3B Meaning of “contracted-out scheme” and “appropriate scheme” etc.
- 4 Meaning of “contracted-out employment”, “guaranteed minimum pension” and “minimum payment”.
- General requirements for certification
- 5 Requirements for certification of schemes: general.
- 6 Protected rights and money purchase benefits.
- 7 Elections as to employments covered by contracting-out certificates.
- 8 Determination of basis on which scheme is contracted-out.
- Requirements for certification of occupational pension schemes applying from the principal appointed day
- 8A The statutory standard.
- 8B Reference scheme.
- 8C Transfer, commutation, etc.
- 8D Entitlement to benefit.
- Guaranteed minimum pensions
- 8E Former salary related contracted-out schemes to comply with GMP requirements
- 9 Minimum pensions for earners.
- 10 Earner’s guaranteed minimum.
- 11 Increase of guaranteed minimum where commencement of guaranteed minimum pension postponed.
- 11A Reduction of guaranteed minimum in consequence of pension debit.
- 12 Revaluation of earnings factors for purposes of s. 10: early leavers, etc.
- 13 Minimum pensions for widows and widowers.
- 14 Treatment of insignificant amounts.
- 15 Discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts.
- 16 Transfer of accrued rights.
- 17 Commutation, surrender and forfeiture.
- 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 19 Securing of benefits.
- 20A Conversion of guaranteed minimum pension into other benefits: introduction
- 20B The conversion conditions
- 20C Actuarial equivalence
- 20D Survivors' benefits
- 20E Procedural requirements
- 20F Transfer out
- 20G Powers to amend schemes
- 20H Enforcement of GMP conversion conditions
- Discretionary requirements
- 21 Power for Board to impose conditions as to investments and resources.
- Requirements for certification of occupational and personal money purchase schemes
- 22 Persons who may establish scheme.
- 23 Identification and valuation of protected rights.
- 24 Ways of giving effect to protected rights.
- 24A Requirements for interim arrangements.
- 24B Information about interim arrangements.
- 25 The pension and annuity requirements.
- 26 Securing of liability for protected rights.
- 27 Investment and resources of schemes.
- 28 Suspension or forfeiture.
- 28A Discharge of protected rights on winding up: insurance policies.
- 29 Tax requirements to prevail over requirements of section 27.
- 29A Appropriate schemes: “Blowing the whistle”.
- Cancellation, variation, surrender and refusal of certificates
- 30 Cancellation, variation, surrender and refusal of certificates.
- 31 Surrender and cancellation of contracting-out certificates: issue of further certificates.
- 32 Surrender and cancellation of contracting-out certificates: cancellation of further certificates.
- Alteration of rules by former salary related contracted-out schemes
- 33 Alteration of rules of contracted-out schemes.
- 33A Transfer of liabilities etc.: schemes contracted-out on or after 6 April 1997
- 34 Alteration of rules of appropriate schemes.
- General regulations as to administration of Part III
- 34A. Regulations about relevant gender change cases
- 35 General power to make regulations.
- Chapter II Reduction in social security benefits for members of schemes that were contracted-out
- Preliminary
- 36 Scope of Chapter II.
- Reduced rates of contributions for members of salary related contracted-out schemes
- 37 Reduced rates of Class 1 contributions.
- 38 Alteration of rates of contributions under s. 37.
- Reduced rates of contributions, and rebates, for members of money purchase contracted-out schemes
- 38A Reduced rates of Class 1 contributions and rebates.
- 38B Determination and alteration of rates of contributions, and rebates, applicable under section 38A.
- Minimum contributions: members of appropriate personal pension schemes
- 39 Payment of minimum contributions to personal pension schemes.
- 40 Earner’s chosen scheme.
- 41 Amount of minimum contributions.
- 41A Alteration of rates of minimum contributions under section 41.
- 41B Money purchase and personal pension schemes: verification of ages
- Effect of entitlement to guaranteed minimum pensions on payment of social security benefits
- 42 Effect of entitlement to guaranteed minimum pensions on payment of social security benefits.
- 43 Further provisions concerning entitlement to guaranteed minimum pensions for the purposes of s. 42.
- 44 Reduced benefits where minimum payments or minimum contributions paid.
- Effect of reduced contributions and rebates on social security benefits
- 44A Additional pension and other benefits.
- Women, married women and widows
- 45 Women, married women and widows.
- Chapter III Termination of Contracted-out or Appropriate Scheme Status: State Scheme Premiums
- Approval of arrangements for schemes ceasing to be certified
- 46 Powers of Board to approve arrangements for scheme ceasing to be certified.
- 47 Calculation of guaranteed minimum pensions preserved under approved arrangements.
- Supervision of formerly certified schemes
- 48 Supervision of former salary related contracted-out schemes
- 49 Supervision: former contracted-out schemes.
- 50 Supervision: former appropriate personal pension schemes.
- State scheme premiums
- 51 Payment of state scheme premiums on termination of certified status.
- 52 Provisions supplementary to s. 51.
- 53 Elections to pay contributions equivalent premiums.
- 54 Amount of premiums payable under s. 51.
- 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 56 Effect of payment of premiums on rights.
- 57 Deduction of contributions equivalent premium from refund of scheme contributions.
- 58 No recovery of state scheme premiums from earners, etc.
- 59 Further provisions concerning calculations relating to premiums.
- 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 63 Non-payment of state scheme premiums.
- 64 Unpaid premiums: supplementary.
- PART IIIA ...
- 64A Safeguarded rights.
- 64B Requirements relating to safeguarded rights.
- 64C Reserve powers in relation to non-complying schemes.
- 64D Power to control transfer or discharge of liability.
- Part IV Protection for Early Leavers
- Chapter I Preservation of Benefit Under Occupational Schemes
- 65 Scope of Chapter I: the preservation requirements.
- 66 Interpretation (Part IV).
- 67 Basic principle as to short service benefit.
- 68 No discrimination between short service and long service beneficiaries.
- 69 Form of short service benefit and its alternatives.
- 70 Computation of short service benefit.
- 71 Credits.
- 72 Pension increases.
- 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 77 Discharge of liability where short service or alternative benefits secured by insurance policies or annuity contracts.
- 78 Supplementary regulations.
- Chapter II Revaluation of Accrued Benefits (Excluding Guaranteed Minimum Pensions)
- 79 Scope of Chapter II.
- 80 Basis of revaluation.
- 81 Revaluation not to apply to substituted benefit.
- 82 Supplementary provisions.
- Chapter III Protection of Increases in Guaranteed Minimum Pensions (“Anti-franking”)
- 83 General protection principle.
- 84 The relevant sum.
- 85 The appropriate addition.
- 86 The later earnings addition.
- 87 Special provision where employment continues after it ceases to be contracted-out by reference to scheme.
- 88 Supplementary provisions.
- PART 4ZA TRANSFERS AND CONTRIBUTION REFUNDS
- CHAPTER 1 TRANSFER RIGHTS: GENERAL
- 89 Scope of Chapter 1
- 89A Right to statement of entitlement: benefits other than money purchase
- 90 Right to cash equivalent
- 91 Ways of taking right to cash equivalent.
- 92 Further provisions concerning exercise of option under s. 91.
- 93 Calculation of cash equivalents.
- 93A Designation of funded public service defined benefits schemes
- 93B Reduction of cash equivalents in case of section 93A designated schemes
- 94 Loss of right to cash equivalent
- 95 Trustees’ duties after exercise of option.
- 95A Trustees' further duties: collective money purchase benefits
- 96 Withdrawal of applications.
- 96A Prohibition on excluding future accruals etc
- 96B Meaning of “scheme rules”: occupational pension schemes
- 96C Meaning of “normal pension age” in this Chapter
- 96D Interpretation of Chapter
- 97 Supplementary provisions.
- CHAPTER 2 EARLY LEAVERS: CASH TRANSFER SUMS AND CONTRIBUTION REFUNDS
- 97AA Scope of Chapter 5
- 97AB Right to cash transfer sum and contribution refund
- 97AC Notification of right to cash transfer sum or contribution refund
- 97AD Exercise of right under section 97AB
- 97AE Permitted ways of using cash transfer sum
- 97AF Calculation of cash transfer sum and contribution refund
- 97AG Duties of trustees or managers following exercise of right
- 97AH Powers of trustees or managers where right not exercised
- 97AI Rights under section 97AB: further provisions
- PART IVA REQUIREMENTS RELATING TO PENSION CREDIT BENEFIT
- CHAPTER I PENSION CREDIT BENEFIT UNDER OCCUPATIONAL SCHEMES
- 97A Scope of Chapter I.
- 97B Interpretation.
- 97C Basic principle as to pension credit benefit.
- 97D Form of pension credit benefit and its alternatives.
- 97E Discharge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts.
- CHAPTER II TRANSFER VALUES
- 97F Power to give transfer notice.
- 97G Restrictions on power to give transfer notice
- 97H Benefits other than money purchase: statements of entitlement.
- 97I Calculation of cash equivalents.
- 97J Time for compliance with transfer notice.
- 97K Withdrawal of transfer notice.
- 97L Variation of the amount required to be used.
- 97M Effect of transfer on trustees’ duties.
- 97N Matters to be disregarded in calculations.
- 97NA Prohibition on excluding transfers of some rights without others etc
- 97O Service of notices.
- 97P Interpretation of Chapter II.
- 97Q Power to modify Chapter II in relation to hybrid schemes.
- Part V Annual Increases of Pensions in Payment
- Chapter I Pensions under Final Salary Schemes, etc.
- 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Chapter II Guaranteed Minimum Pensions
- 105 Annual increase of guaranteed minimum pensions.
- 106 Requirement as to resources for annual increase of guaranteed minimum pensions.
- Part VI Further Requirements for Protection of Scheme Members
- 107 Voluntary contributions.
- 107A Monitoring of employers’ payments to personal pension schemes.
- 107B Obtaining information for purposes of section 107A and corresponding legislation in Great Britain.
- 109 Disclosure of information about schemes to members, etc.
- 109A Disclosure of information about transfers etc.
- 109B Occupational pension schemes: requirements to refer members to guidance etc
- 111 Powers as respects failure to comply with information requirements.
- 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 113 Regulations as to form and content of advertisements.
- Part VII Insolvency of Employers
- Chapter I Independent Trustees
- 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Chapter II Payment by the Department of Unpaid Scheme Contributions
- 119 Interpretation of Chapter II.
- 120 Duty of Department to pay unpaid contributions to schemes.
- 121 Certification of amounts payable under s. 120 by insolvency officers.
- 122 Complaint to industrial tribunal.
- 123 Transfer to Department of rights and remedies.
- Chapter III Priority in Bankruptcy
- 124 Priority in bankruptcy, etc.
- Part VIII Relationship Between Requirements and Scheme Rules
- 125 Overriding requirements.
- 126 Extra-statutory benefits.
- 127 Relationship of preservation requirements and scheme rules.
- 128 Duty to bring schemes into conformity with indirectly-applying requirements.
- Part IX Modification and Winding Up of Schemes
- Modification
- 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Winding up
- 138 Powers of the Board to wind up schemes.
- 139 Winding up of public service schemes.
- 140 Deficiencies in the assets of a scheme on winding up.
- Part X Investigations: the Pensions Ombudsman
- 141 The Pensions Ombudsman.
- 142 Functions of the Pensions Ombudsman.
- 143 Death, insolvency or disability of authorised complainant.
- 144 Staying court proceedings where a complaint is made or a dispute is referred.
- 145 Procedure on an investigation.
- 146 Investigations: further provisions.
- 147 Determinations of the Pensions Ombudsman.
- 147A Interest on late payment of benefit.
- 148 Power to apply county court rules.
- Part XI General and Miscellaneous Provisions
- Modification powers
- 149 Power to modify certain provisions of this Act.
- 150 Application of enactments as respects personal pension schemes.
- Information about schemes
- 151 Requirement to give information to the Department, Secretary of State or Inland Revenue for the purposes of certain provisions.
- 152 Information for purposes of contracting-out
- 153 Power of Department to obtain information in connection with applications under s. 120.
- 154 Disclosure of information between government departments, etc.
- 154A Other disclosures by the Department.
- Avoidance of certain transactions and provisions
- 155 Inalienability of guaranteed minimum pension ....
- 155A No forfeiture on bankruptcy of rights under personal pension schemes.
- 156 Terms of contracts of service or schemes restricting choice to be void.
- 157 Provisions excluding Chapter II of Part VII to be void.
- 158 Removal of restrictions on friendly societies’ pension business.
- 159 Exemption of certain schemes from rule against perpetuities.
- Special classes of earner
- 160 Crown employment.
- 161 Application of certain provisions to cases with foreign element.
- Reciprocity with other countries
- 162 Reciprocity with other countries.
- Application of provisions relating to social security administration
- 163 Application of general provisions relating to administration of social security.
- General provisions as to offences
- 164 Breach of regulations.
- 164A Offence in connection with the Registrar.
- General provisions as to determinations and appeals
- 165 Decisions and appeals.
- 166 Questions arising in proceedings.
- 166A Reports by Inland Revenue.
- 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Financial provisions
- 169 Grants to advisory bodies etc.
- 170 Levies towards certain expenditure.
- 171 Fees for official services to schemes.
- 172 General financial arrangements.
- Part XII Supplementary Provisions
- Interpretation
- 173 Managers of schemes.
- 174 Linked qualifying service.
- 175 Normal pension age.
- 175A Insurer and long-term insurance business
- 176 General interpretation.
- 176A Interpretation of references to money purchase contracted-out schemes or appropriate schemes after abolition date
- 176B Money purchase benefits: supplementary
- Subordinate legislation, etc.
- 177 Orders and regulations (general provisions).
- 178 Sub-delegation.
- 180 Consultations about other regulations.
- 181 Assembly, etc. control of regulations and orders.
- Supplemental provisions
- 182 Repeals.
- 183 Transitional provisions and savings.
- 184 Prospective and c183.onsequential amendments.
- 185 Transitory modifications.
- 186 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Certification Regulations
- Part I Occupational Pension Schemes
- General regulations: beginning and ending of employment
- Power to modify Part III, etc.
- . . . premiums
- Schemes covering different employers
- Special provisions for certain public service pension schemes
- Incidental matters
- Part II Personal Pension Schemes
- SCHEDULE 2 Methods of Revaluing Accrued Pension Benefits
- The final salary method
- The revaluation percentage and the appropriate revaluation percentage
- The average salary method
- The cash balance method
- The flat rate method
- The money purchase method
- SCHEDULE 3 Priority in Bankruptcy, etc
- Earner’s contributions to occupational pension scheme
- Employer’s contributions to occupational pension scheme
- State scheme premiums
- Interpretation
- SCHEDULE 4 Repeals
- Part I General
- Part II Provisions Relating to Equal Access
- Part III Subordinate Legislation Revoked
- SCHEDULE 5 Transitional Provisions and Savings
- Part I General Provisions
- Part II Specific Provisions
- Contracting-out requirements for schemes providing guaranteed minimum pensions
- Overriding effect of certain requirements for existing contracted-out and appropriate schemes
- Transactions discharging trustees
- Contributions equivalent premiums: earnings before 1987-88
- Preservation
- Anti-franking
- Modifications in consequence of making of Part II of the Social Security (Northern Ireland) Order 1986
- Savings for statutory rules
- Provisions contained in Act by virtue of statutory rules
- Saving for application of general provisions relating to social security
- Saving for Article 9 of the Social Security (Northern Ireland) Order 1986
- SCHEDULE 6 Re-enactment or Amendment of Certain Provisions Not in Force
- The Equal Pay Act (Northern Ireland) 1970 (c. 32)
- The Social Security (Northern Ireland) Order 1989 (N.I. 13)
- This Act
- SCHEDULE 7 Consequential Amendments
- The Judicial Pensions Act (Northern Ireland) 1951 (c. 20 (N.I.))
- The County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
- The Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (c. 25 (N.I.))
- The Parliamentary Commissioner Act 1967 (c. 13)
- The Parliamentary Commissioner Act (Northern Ireland) 1969 (c. 10 (N.I.))
- The Commissioner for Complaints Act (Northern Ireland) 1969 (c. 25 (N.I.))
- The Equal Pay Act (Northern Ireland) 1970 (c. 32 (N.I.))
- The Social Services (Parity) Act (Northern Ireland) 1971 (c. 21 (N.I.))
- The Pensions Increase Act (Northern Ireland) 1971 (c. 35 (N.I.))
- The Superannuation Act 1972 (c. 11)
- The Superannuation (Northern Ireland) Order 1972 (N.I. 10)
- The Social Security Pensions (Northern Ireland) Order 1975 (N.I. 15)
- The Births and Deaths Registration (Northern Ireland) Order 1976 (N.I. 14)
- The Judicial Pensions Act 1981 (c. 20)
- The Forfeiture (Northern Ireland) Order 1982 (N.I. 14)
- The Companies (Northern Ireland) Order 1986 (N.I. 6)
- The Audit (Northern Ireland) Order 1987 (N.I. 5)
- The Income and Corporation Taxes Act 1988 (c. 1)
- The Official Secrets Act 1989 (c. 6)
- The Finance Act 1989 (c. 26)
- The Insolvency (Northern Ireland) Order 1989 (N.I. 19)
- The Social Security Administration Act 1992 (c. 5)
- The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
- The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
- The Judicial Pensions and Retirement Act 1993 (c. 8)
- The Social Security (Northern Ireland) Order 1993 (N.I. 2)
- SCHEDULE 8 Transitory Modifications
- Rule against perpetuities
- Limited price indexation
- Guaranteed minimum for married women and widows paying reduced rate contributions
- Courts and legal services
- Judicial pensions (Northern Ireland)
- Friendly societies
- Judicial pensions
- TABLE OF DERIVATIONS
- Notes:
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