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Statutory Rules of Northern Ireland

2014 No. 79

Pensions

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

Made

13th March 2014

Coming into operation

6th April 2014

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 109, 164(1) and (4), 177(2) to (4) and 178(1) of the Pension Schemes (Northern Ireland) Act 1993(1), Articles 10(3), 41(1), (5), (5A) and (6) and 166(1) to (3) of the Pensions (Northern Ireland) Order 1995(2) and Articles 3(1)(b), 21(1)(a), (b)(i) and (c)(i) and (2), 31(1)(b)(ii), 42(1) and 73(3) and (4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(3), and now vested in it(4).

PART 1N.I.General

Citation, commencement and expiryN.I.

1.—(1) These Regulations may be cited as the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 and shall come into operation on 6th April 2014.

(2) On 6th April 2015 the following provisions cease to have effect—

(a)paragraphs 2 and 3 of Schedule 6, and

(b)paragraph 11(1)(b) and (2) of Schedule 8.

Commencement Information

I1Reg. 1 in operation at 6.4.2014, see reg. 1(1)

InterpretationN.I.

2.—(1) In these Regulations—

“the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993;

“the 1995 Order” means the Pensions (Northern Ireland) Order 1995;

“the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland) Order 1999;

“the 2005 Order” means the Pensions (Northern Ireland) Order 2005(5);

[F1“the 2014 Act” means the Public Service Pensions Act (Northern Ireland) 2014(5);]

[F2“the 2021 Act” means the Pension Schemes Act 2021;]

“accrued rights”—

(a)

in relation to an occupational pension scheme, has the meaning given in Article 121(2) of the 1995 Order, and

(b)

in relation to a personal pension scheme, means rights that have accrued under the scheme;

[F3“actuarial valuation”, in relation to a collective money purchase scheme, has the meaning given by section 71(2) of the 2021 Act;

“the available assets of the scheme”, in relation to a collective money purchase scheme, has the meaning given by section 53(2) of the 2021 Act;]

“beneficiary” means a person, other than a member, who is entitled to the payment of benefits under the scheme;

[F4“cash balance benefit” has the meaning given in section 75 of the Pension Schemes Act 2015(7);]

[F5“collective money purchase scheme” means a scheme or a section of a scheme which is a collective money purchase scheme for the purposes of Part 2 of the 2021 Act (collective money purchase benefits: Northern Ireland);]

[F6“drawdown pension” has the meaning given in paragraph 4 of Schedule 28 to the Finance Act 2004(8);]

“electronic communication” has the meaning given in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001(6);

“excluded person” means a member or beneficiary—

(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 or beneficiary’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;

[F7“flexible benefit” has the meaning given in section 74 of the Pension Schemes Act 2015;]

F8...

“HMRC” means the Commissioners for Her Majesty’s Revenue and Customs;

[F9“ill-health condition” has the meaning given in paragraph 1 of Schedule 28 to the Finance Act 2004;]

“illustration date” means the date specified by the trustees or managers of the scheme as the date by reference to which amounts are calculated for the purpose of giving the information in Part 2 of Schedule 6 [F10and in Schedule 6A];

“lifestyling” means an investment strategy that aims progressively to reduce the potential for significant variation caused by market conditions in the value of the member’s rights;

“member”—

(a)

in relation to an occupational pension scheme, has the meaning given in Article 121(1)(7) of the 1995 Order, and

(b)

in relation to a personal pension scheme, means a member of the scheme;

[F11“multi-annual reduction” has the meaning given by regulation 2 of the Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2022;]

“prospective member” means a person who, under the terms of that person’s contract of service or the scheme rules or both—

(a)

can choose to become a member of the scheme;

(b)

will be able to choose to become a member of the scheme if that person continues in the same employment for a certain period of time;

(c)

will become a member of the scheme automatically unless that person chooses not to become a member of the scheme, or

(d)

can become a member of the scheme if that person’s employer consents;

[F12“normal minimum pension age” has the meaning given in section 279(1) of the Finance Act 2004;

[F13“pensions guidance” means information or guidance provided by any person in pursuance of the requirements mentioned in section 4 of the Financial Guidance and Claims Act 2018 (specific requirements as to the pensions guidance function);]

“recipient” means the person, organisation or body to whom these Regulations require information or documents to be made available;

“recognised trade union” means an independent trade union (within the meaning given in Article 2(3) of the Employment Rights (Northern Ireland) Order 1996(8)) that is recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of a scheme;

“the Regulator” means the Pensions Regulator(9) established under section 1 of the Pensions Act 2004(10);

“relevant employment” means any employment to which the scheme relates;

“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 Limited(11);

“relevant person” means a—

(a)

member or prospective member of the scheme;

(b)

spouse or civil partner of a member or prospective member;

(c)

beneficiary of the scheme;

(d)

recognised trade union;

“retirement date” has the meaning given in regulation 19(5);

“scheme year” means, in relation to an occupational pension scheme—

(a)

a year specified for the purposes of the scheme in any scheme document or, if there is no such year specified, a period of 12 months commencing on 1st April or on such other date as the trustees choose, or

(b)

a period between 6 and 18 months specified by the trustees in connection with—

(i)

the commencement or termination of the scheme, or

(ii)

a variation of the date on which the period referred to in paragraph (a) is to commence;

[F14“survivor” has the meaning given in section 76(1) of the Pension Schemes Act 2015 (interpretation of Part 4);]

“tax registered scheme” means a scheme that—

(a)

is registered under section 153 of the Finance Act 2004(12) (registration of pension schemes);

(b)

was formerly registered under that section;

(c)

is deemed to be registered under that section by virtue of paragraph 1 of Schedule 36 to that Act (pension schemes etc: transitional provisions and savings), or

(d)

has applied for registration under that section and HMRC have not decided whether to register the scheme;

[F15“transferrable rights” has the meaning given in section 89(11)(b)(10) of the 1993 Act (scope of Chapter 1);]

[F16“unfunded public service defined benefits scheme” has the meaning given in section 91(2C) of the 1993 Act;]

“wholly insured scheme” means a scheme under which all the benefits provided are secured by a policy or policies of insurance or annuity contract or contracts.

[F17(1A) In these Regulations—

[F18(a)a member has an opportunity to transfer flexible benefits where—

(i)the member—

(aa)has transferrable rights in relation to flexible benefits, or

(bb)would have transferrable rights in relation to flexible benefits if the member stopped accruing rights to some or all of the flexible benefits (see sub-paragraph (b)),

and the making of a transfer or transfer payment in respect of the flexible benefits is not prohibited by Article 119(4)(a) of the 2005 Order, or

(ii)the member has an opportunity to transfer accrued rights to flexible benefits out of the scheme under the scheme rules;]

(b)a member stops accruing rights to flexible benefits when there are no longer arrangements in place for the accrual of rights to those flexible benefits for or in respect of the member.]

(2) Subject to paragraph (3), the Interpretation Act (Northern Ireland) 1954(13) shall apply to these Regulations as it applies to an Act of the Assembly.

(3) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.]

Textual Amendments

Commencement Information

I2Reg. 2 in operation at 6.4.2014, see reg. 1(1)

Recognised trade unionN.I.

3.  Where there is a question about whether an organisation is a recognised trade union, that question must be referred to an industrial tribunal.

Commencement Information

I3Reg. 3 in operation at 6.4.2014, see reg. 1(1)

Application of these RegulationsN.I.

4.—[F19(1) Subject to paragraphs (2), (3), (6) and (9), the trustees or managers of an occupational pension scheme that falls within paragraph 1 of Schedule 1 must give information in accordance with regulations 6, 8, 9 to 17, 18 to 22, 24 and 25 and, where the scheme falls within Article 35 of the 1995 Order (investment principles) or the scheme is a relevant scheme within the meaning of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, regulation 29A.]

(2) Regulations 9, 10, 12, 13 and 15 do not apply to a public service pension scheme(14) if—

(a)there are no requirements for assets related to the intended rate or amount of benefit under the scheme to be set aside in advance (disregarding requirements relating to additional voluntary contributions);

(b)it is made under Article 9 of the Superannuation (Northern Ireland) Order 1972(15) (superannuation of persons employed in local government service, etc.) [F20or it is a defined benefits scheme under section 1 of the 2014 Act (schemes for persons in public service) in relation to persons specified in subsection (2)(c) of that section], or

(c)it [F21is established under section 48 of the Northern Ireland Act 1998 (pensions of members), or was established under] Part 2 of the Ministerial Salaries and Members’ Pensions Act (Northern Ireland) 1965(16) or Article 3 of the Assembly Pensions (Northern Ireland) Order 1976(17).

(3) Regulation 17 does not apply to a stakeholder pension scheme within the meaning of Article 3(18) of the 1999 Order.

(4) Subject to paragraph (6), the trustees or managers of a pension scheme that is—

(a)an occupational pension scheme that does not fall within paragraph 1 of Schedule 1, or

(b)established under the Salvation Army Act 1963(19),

must give information in accordance with regulation 7.

(5) Subject to paragraphs (3) and (6), the managers of a personal pension scheme that falls within paragraph 2 of Schedule 1 must give information in accordance with regulations 10, 17 [F22, 18] , 21 and 23.

(6) Paragraphs (1), (4) and (5) do not require the trustees or managers of a scheme to give information to—

(a)a member or prospective member if no person who employs that member in relevant employment has informed the trustees or managers of the scheme that that member is a member or prospective member;

(b)a recognised trade union if no person who employs a member or prospective member in relation to whom the trade union is a recognised trade union has informed the trustees or managers of the scheme that the trade union is a recognised trade union, or

(c)a member of an occupational pension scheme where all the members are trustees or managers of the scheme.

(7) [F23Except where information is given verbally in accordance with regulation 18B(3) [F24or 18C(4) or (7)], when] any information is given in accordance with paragraph (1), (4) or (5), it must be accompanied by the postal address and electronic address to which a person should send requests for further information or any other enquiry.

[F25(8) In this regulation “defined benefits scheme” has the meaning given in section 34 of the 2014 Act.]

[F26(9) Regulations 12A, 17, 18B, 19 and 25 do not apply to a collective money purchase scheme.

(10) For the purposes of these Regulations, where a pension scheme is divided into sections, each section that is a collective money purchase scheme is to be treated as a separate scheme.]

Textual Amendments

Commencement Information

I4Reg. 4 in operation at 6.4.2014, see reg. 1(1)

Civil penalties relating to occupational pension schemesN.I.

5.  Where in relation to an occupational pension scheme a person fails without reasonable excuse to comply with any requirement imposed under these Regulations, the Regulator may, by notice in writing, require that person to pay, within 28 days, a penalty that must not—

(a)in the case of an individual, exceed £5,000, and

(b)in any other case, exceed £50,000.

Commencement Information

I5Reg. 5 in operation at 6.4.2014, see reg. 1(1)

PART 2N.I.Information for new and prospective members

Basic scheme informationN.I.

6.—(1) The basic scheme information mentioned in paragraph (2) must be given in accordance with this regulation.

(2) The basic scheme information is the information listed in —

(a)Part 1 of Schedule 2, and

(b)Part 3 of that Schedule where the scheme contains provision for lifestyling (see regulation 18).

(3) The information must be given to—

(a)prospective members, if it is practicable to do so, and

(b)members who have not already been given the information.

(4) The information must also be given to a relevant person who—

(a)makes a request for the information, and

(b)has not been given that information in the previous 12 months.

(5) Where the trustees or managers of the scheme have in relation to a member or prospective member received jobholder information, the information must be given within one month of the date that information was received.

(6) Where the trustees or managers of the scheme have not received jobholder information in relation to a member or prospective member, the information must be given within 2 months of the date the person became an active member of the scheme.

(7) Where the trustees or managers of the scheme have received a request for the information from a relevant person, the information must be given within 2 months of that request.

(8) No information is required to be given under this regulation to—

(a)a relevant person, except a recognised trade union, unless it is relevant to the person’s rights or prospective rights under the scheme, and

(b)a recognised trade union unless it is relevant to the rights or prospective rights of persons who are in that recognised trade union.

(9) In this regulation “jobholder information” means the information specified in regulation 3 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010(20) (jobholder information).

Commencement Information

I6Reg. 6 in operation at 6.4.2014, see reg. 1(1)

Basic scheme information to be given by certain schemesN.I.

7.—(1) The basic scheme information mentioned in paragraph (2) must be given in accordance with this regulation.

(2) The basic scheme information is the information listed in—

(a)Part 2 of Schedule 2, and

(b)Part 3 of that Schedule where the scheme contains provision for lifestyling (see regulation 18).

(3) The information must be given to—

(a)prospective members;

(b)members who have not already been given the information, and

(c)a recognised trade union on request.

(4) The information must be given to—

(a)a prospective member, if it is practicable to do so;

(b)a member within 2 months of membership beginning, and

(c)a recognised trade union within 2 months of the date the request is made.

Commencement Information

I7Reg. 7 in operation at 6.4.2014, see reg. 1(1)

PART 3N.I.Changes to information

Material alterations to basic scheme informationN.I.

8.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation where—

(a)there is a change in relation to the scheme, and

(b)that change results in a material alteration in the information listed in Part 1 of Schedule 2.

(2) The information is the information referred to in paragraph (1)(b) that has materially changed.

(3) The information must be given to all members and beneficiaries of the scheme, except excluded persons, and to a recognised trade union.

(4) The information must be given before or as soon as practicable after (and in any event within 3 months after) the change referred to in paragraph (1)(a) takes effect.

(5) No information is required to be given under this regulation to—

(a)relevant persons, except a recognised trade union, unless it is relevant to the person’s rights or prospective rights under the scheme, and

(b)a recognised trade union unless—

(i)it is relevant to the rights or prospective rights of persons who are in that recognised trade union, and

(ii)basic scheme information has already been given to the recognised trade union under regulation 6.

[F27(6) This regulation does not apply where regulation 8A applies.]

Textual Amendments

Commencement Information

I8Reg. 8 in operation at 6.4.2014, see reg. 1(1)

[F28Scheme closure: collective money purchase schemesN.I.

8A.—(1) In relation to a collective money purchase scheme, the information specified in paragraphs (2) and (3) must be given in accordance with this regulation.

(2) The information listed in paragraphs 30 to 33 of Schedule 2 must be given as soon as practicable and in any event no more than one month after a decision by the trustees to pursue continuity option 3.

(3) The information listed in paragraphs 34 to 38 of Schedule 2 must be given as soon as is practicable and in any event no more than one month after the date on which the Regulator notifies the trustees in accordance with section 89(4) of the 2021 Act (continuity option 3: conversion to closed scheme).

(4) The information must be given to all members and beneficiaries of the scheme except for excluded persons.

(5) In this regulation, and in Schedule 2, “continuity option 3” is the conversion of the scheme into a closed scheme in accordance with sections 85 (continuity options) and 89 of the 2021 Act and regulations made section 89 of that Act.]

Textual Amendments

Modification by the RegulatorN.I.

9.  Active members must be informed of any modification to the scheme by the Regulator under Article 210(2)(a) of the 2005 Order (powers of the Regulator) within one month of the modification taking effect.

Commencement Information

I9Reg. 9 in operation at 6.4.2014, see reg. 1(1)

Former stakeholder pension schemesN.I.

10.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation where a scheme is removed from the register of stakeholder pension schemes kept under Article 4(21) of the 1999 Order.

(2) The information is a statement that the scheme—

(a)has been removed from the register;

(b)is no longer a stakeholder pension scheme, and

(c)is required to begin winding up.

(3) The information must be given to members except excluded persons.

(4) The information must be given within no more than 2 weeks of the trustees or managers of the scheme being notified that the scheme has been removed from the register.

Commencement Information

I10Reg. 10 in operation at 6.4.2014, see reg. 1(1)

PART 4N.I.Information to be given on request

Constitution of the schemeN.I.

11.—(1) The information listed in Part 1 of Schedule 3 must be given to a relevant person in accordance with this regulation where the relevant person makes a request for the information.

(2) The information must be given within 2 months of the date the request is made.

(3) The information must be given in accordance with regulation 29.

(4) Any document that must be given under paragraph (1) which is not in the English language must be accompanied by a translation in that language.

(5) No information is required to be given under this regulation—

(a)to relevant persons, except a recognised trade union, unless it is relevant to the person’s rights or prospective rights under the scheme;

(b)to a recognised trade union unless it is relevant to the rights or prospective rights of persons who are in that recognised trade union, and

(c)where the information has been given to the relevant person in the previous 12 months unless there has been a change in the information.

Commencement Information

I11Reg. 11 in operation at 6.4.2014, see reg. 1(1)

Annual reportN.I.

12.—(1) A document containing the information listed in Part 2 of Schedule 3 must be prepared within 7 months of the end of each scheme year [F29(subject to paragraph (5))] and given in accordance with this regulation.

(2) The document must be given to a relevant person where the relevant person—

(a)makes a request for the document within 5 years of the end of the scheme year to which the information relates, and

(b)has not been given the document before.

(3) The document must be given within 2 months of the date the request is made.

(4) The document must be given in accordance with—

(a)regulation 26 or 29(3), where the document relates to the most recent scheme year, or

(b)regulation 29, where the document does not relate to that year.

[F30[(5)  Where Article 35 of the 1995 Order (investment principles) applies to a scheme the following information must be made publicly available free of charge in accordance with regulation 29A—

(a)the information listed in paragraph 30(ca) of Schedule 3 but only if the scheme is not a relevant scheme within the meaning of regulation 1(2) of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997 (interpretation), or

(b)the information listed in paragraph 30(f) of that Schedule but only if the scheme is a relevant scheme within the meaning of that regulation.]]

Textual Amendments

Commencement Information

I12Reg. 12 in operation at 6.4.2014, see reg. 1(1)

[F31Additional information available on request: pooled fundsN.I.

12A.—(1) Where the scheme is a relevant scheme within the meaning of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, a statement containing the information listed in paragraph 35 of Schedule 3 must be given on request to a member, or to a recognised trade union on behalf of the member, in accordance with this regulation.

(2) The statement must be given within 2 months of the date the request is made and it must be given in accordance with regulation 26.

(3) A statement is not required to be given where the request is made—

(a)less than 6 months after the last occasion on which information was given to or in respect of the member under this regulation, or

(b)by a recognised trade union unless it is relevant to the rights of a member who is in that recognised trade union.]

Textual Amendments

Other information to be given on requestN.I.

13.—(1) The information listed in Part 3 of Schedule 3 must be given to a relevant person in accordance with this regulation where the relevant person makes a request for the information.

(2) The information must be given within 2 months of the date the request is made.

(3) The information must be given in accordance with regulation 29.

Commencement Information

I13Reg. 13 in operation at 6.4.2014, see reg. 1(1)

Transfer creditsN.I.

14.—(1) The information listed in Part 4 of Schedule 3 must be given in accordance with this regulation.

(2) Subject to paragraph (3), the information must be given to any member or prospective member who makes a request for it.

(3) Paragraph (2) does not apply where the request mentioned in that paragraph is made less than 12 months after the last occasion on which such information was given.

(4) The information must be given within 2 months of the date the request is made.

Commencement Information

I14Reg. 14 in operation at 6.4.2014, see reg. 1(1)

PART 5N.I.Funding statements, benefit statements and illustrations

Summary funding statementsN.I.

15.—(1) The information listed in Schedule 4, in the form of a summary funding statement, must be given in accordance with this regulation where the trustees or managers of the scheme have obtained an actuarial valuation or report under Article 203 of the 2005 Order.

(2) The information must be given to all members and beneficiaries of the scheme except—

(a)excluded persons, and

(b)members or beneficiaries whose only entitlement to benefits under the scheme is, or will be, to money purchase benefits.

(3) The information must be given on, before, or within a reasonable period after, the date by which the trustees or managers of the scheme are required under Article 203 of the 2005 Order to ensure that the valuation or report is received by them.

Commencement Information

I15Reg. 15 in operation at 6.4.2014, see reg. 1(1)

Statements of benefits: non-money purchase benefitsN.I.

16.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation where—

(a)the member has rights to benefits that are not money purchase benefits;

(b)the member requests that [F32information;]

(c)information has not been given to that member under this regulation in the 12 months before that [F33request, and]

[F34(d)in relation to active members, a benefit information statement has not been provided pursuant to section 14(1) of the 2014 Act (information about benefits) in the 12 months before the request in sub-paragraph (b).]

(2) The information is—

(a)for active members, the information listed in Parts 1 and 2 of Schedule 5;

(b)for deferred members, the information listed in Parts 2 and 3 of that Schedule;

(c)for pension credit members, the information listed in Part 4 of that Schedule.

(3) The information must be given as soon as practicable and in any event no more than 2 months after the date the request is made.

(4) In this regulation “pension credit member” means a person who has rights under the scheme that are attributable (directly or indirectly) to a credit under Article 26(1)(b) of the 1999 Order (creation of pension debits and credits) or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999(22).

Textual Amendments

Commencement Information

I16Reg. 16 in operation at 6.4.2014, see reg. 1(1)

[F35Statements of benefits: cash balance benefitsN.I.

16A.—(1) The information mentioned in paragraph (2) (in addition to the information required under regulation 16) must be given to any member in accordance with this regulation where—

(a)the member has rights to cash balance benefits;

(b)the member requests that information, and

(c)information has not been given to that member under this regulation in the 12 months before that request.

(2) The information is that listed in paragraphs 6A, 9 to 14, 16A and 17 of Schedule 6.

(3) The information must be given as soon as practicable but no more than 2 months after the date the request is made.]

Textual Amendments

Statements of benefits: money purchase benefitsN.I.

17.—(1) Information relating to a member’s money purchase benefits must be given in accordance with this regulation to a member who—

(a)has rights to money purchase benefits, and

(b)is not an excluded person.

(2) The information listed in Part 1 of Schedule 6 must be given.

(3) The information listed in paragraphs 6 to 8 of Schedule 6 must be given except where paragraph (6) applies.

(4) Where paragraph (6) applies, the information listed in paragraphs 6 to 8 of Schedule 6 may be given.

(5) Where the information listed in paragraphs 6 to 8 of Schedule 6 is given under paragraph (3) or (4), the information listed in—

(a)paragraphs 9 to 14 of that Schedule must be given with that information, and

(b)Part 3 of that Schedule must be given.

(6) This paragraph applies where—

(a)the member is in receipt of benefits under the scheme;

(b)the date referred to in paragraph 4 of Schedule 6 is not more than 2 years before the member’s retirement date for the purpose of Part 2 of Schedule 6;

(c)in relation to the member—

(i)the value, determined in accordance with the relevant guidance, of the member’s accrued rights to money purchase benefits under the scheme was less than £5,000 on the last illustration date in respect of which the information listed in Part 2 of Schedule 6 was last given;

(ii)since that previous illustration date, no contributions (including transfers of pension rights or pension credits) have been made to the scheme by, or on behalf of, the member in respect of the member’s money purchase benefits, and

(iii)the trustees or managers of the scheme have previously given notice to the member that the information listed in Part 2 of Schedule 6 will not be given to the member again unless further contributions referred to in head (ii) have been made;

(d)in relation to the member—

(i)on the first illustration date after 5th April 2003, the value, determined in accordance with the relevant guidance, of the member’s accrued rights to money purchase benefits under the scheme was less than £5,000;

(ii)no contributions, including transfers of pension rights and pension credits, have been made to the scheme by, or on behalf of, the member after 5th April 2003 in respect of the member’s money purchase benefits, and

(iii)the trustees or managers of the scheme think that no further such contributions are likely to be made after that illustration date, or

(e)the member’s benefit is calculated by reference to the greater of a money purchase formula and a defined benefit formula and the trustees or managers of the scheme think the benefit calculated using the money purchase formula is unlikely to affect the pension payable.

(7) The information to be given under paragraphs (2) to (5) must be given within 12 months of—

(a)in the case of an occupational pension scheme, the end of each scheme year except where paragraph (9) applies, and

(b)in the case of a personal pension scheme—

(i)the date—

(aa)the person became a member of the scheme, or

(bb)contributions were first credited to the scheme in respect of the person, and

(ii)each subsequent anniversary of that date.

(8) Where paragraph (9) applies, the information mentioned in paragraphs (2) to (5) may be given.

(9) This paragraph applies where—

(a)the scheme 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 scheme 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) 2008(23).

(10) For the purposes of paragraph (6), a part of an occupational pension scheme that provides additional money purchase benefits where the member pays voluntary contributions to that part is to be treated as a separate scheme from any other part of that scheme.

[F36(11) Paragraph (12) applies where—

(a)information must be given in accordance with this regulation by the trustees or managers of an automatic enrolment scheme to a member, and

(b)the automatic enrolment scheme is a scheme under which all the benefits which may be payable are money purchase benefits.

(12) Where this paragraph applies—

(a)the prescribed information must be set out in the form of a statement;

(b)the prescribed information, and any other information which is included as part of that statement, must not exceed one double-sided sheet of A4-sized paper (being one double-sided sheet of paper with the dimensions 210 by 297 millimetres) when printed, and

(c)the trustees or managers of the scheme must have regard to guidance published from time to time by the Department concerning content and layout.

(13) The trustees or managers of the scheme may give the prescribed information in a format which does not comply with paragraph (12) in response to a request by a member for it to be provided in an alternative format, where the trustees or managers are reasonably satisfied that it is necessary to do so to comply with their duties under Articles 62 to 66 of the 1995 Order (equal treatment).

(14) For the purposes of paragraphs (12) and (13), prescribed information is the information concerning the member’s money purchase benefits given under paragraphs (2) to (5) within the prescribed time in paragraph (7).

(15) For the purposes of paragraph (11)—

“automatic enrolment scheme” has the meaning given in section 78 of the Pensions (No. 2) Act (Northern Ireland) 2008;

“member” does not include a member who is in receipt of benefits under an automatic enrolment scheme (within the meaning in this paragraph).]

Textual Amendments

Commencement Information

I17Reg. 17 in operation at 6.4.2014, see reg. 1(1)

[F37Statements of benefits: collective money purchase schemesN.I.

17A.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation to a member of a collective money purchase scheme who is not—

(a)an excluded person, or

(b)a member to whom benefits under the scheme have, or are about to, become payable.

(2) The information is—

(a)for active members, the information listed in Parts 1, 2 and 4 of Schedule 6A;

(b)for deferred members, the information listed in Parts 1, 2, 3 and 5 of Schedule 6A, and

(c)for pension credit members, the information listed in Parts 1 and 3 of Schedule 6A.

(3) The information must be given—

(a)no more than 12 months after the effective date of the first actuarial valuation, and

(b)thereafter, no more than 12 months after the end of each scheme year.

(4) In this regulation, “the effective date” is the date by reference to which the available assets of the scheme are determined.

(5) A notification need not be given under regulation 27 in relation to the information on the website that is also given to the person in accordance with paragraphs 15 and 16 of Schedule 6A.]

Textual Amendments

PART 6N.I.Lifestyling and accessing benefits

LifestylingN.I.

18.—(1) The information listed in Part 3 of Schedule 2 must be given to a member in accordance with this regulation where the scheme contains provision for lifestyling.

(2) The information must, subject to paragraph (3), be given between 5 and 15 years before the member’s retirement date.

(3) Information need not be given under paragraph (2) where it has been given in the previous 12 months under regulation 6.

Commencement Information

I18Reg. 18 in operation at 6.4.2014, see reg. 1(1)

[F38Information to be given on request and on a member providing certain informationN.I.

18A.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation to a member who—

(a)has an opportunity to transfer flexible benefits;

(b)(i)requests information about what the member may do with the flexible benefits, or

(ii)informs the trustees or managers of the scheme that the member is considering, or has made a decision in relation to, what to do with the flexible benefits;

(c)(i)will reach normal minimum pension age within 4 months of making a request, or informing the trustees or managers of the scheme, in accordance with sub-paragraph (b);

(ii)has reached normal minimum pension age, or

(iii)meets the ill-health condition, and

(d)has not been given information under this regulation or regulation 19(2)(b)(ii) in the previous 12 months.

(2) The information is—

(a)a statement of the options available to the member under the scheme rules, and

(b)that listed in Part 3 of Schedule 7 and [F39, subject to regulation 18C,] in Schedule 9A.

(3) The information must be given within 2 months of the member making a request, or informing the trustees or managers of the scheme, in accordance with paragraph (1)(b).

[F40(2A) In relation to a collective money purchase scheme, information given in accordance with paragraph (2)(a) must include a statement that—

(a)there is no promise or guarantee as to the rate or amount of benefits provided under the scheme, and

(b)the rate or amount of benefits may fluctuate, which may result in—

(i)reduced benefits before benefit becomes payable;

(ii)reduced benefits after benefit becomes payable.]

Textual Amendments

Information to be given on communicating with a member about what the member may do with flexible benefitsN.I.

18B.—(1) Subject to paragraph (5) [F41and regulation 18C], the information mentioned in paragraph (2) must be given to a member in accordance with this regulation where—

(a)the member has an opportunity to transfer flexible benefits;

(b)the trustees or managers of the scheme contact the member, or the member contacts the trustees or managers of the scheme, in connection with what the member may do with the flexible benefits, and

(c)the member—

(i)will reach normal minimum pension age within 4 months of the date on which the contact mentioned in sub-paragraph (b) is made;

(ii)has reached normal minimum pension age, or

(iii)meets the ill-health condition.

(2) The information is—

(a)that listed in paragraphs 1, 4 and 5 of Schedule 9A;

(b)that listed in paragraphs 2 and 3 of Schedule 9A, unless the trustees or managers of the scheme—

(i)give information under this regulation verbally, and

(ii)offer to give the member information about how the member may access the pensions guidance and the offer is declined by the member, and

(c)where information has not been given to the member under regulation 18A in the previous 12 months, a statement that—

(i)the member may request information about—

(aa)the flexible benefits that may be provided to the member;

(bb)the member’s opportunity to transfer those benefits, and

(cc)the options available to the member under the scheme rules, and

(ii)the information may help the member to decide what to do with the flexible benefits.

(3) The information may be given verbally unless the member requests that the information is given in writing.

(4) The information must be given within 20 days of the contact mentioned in paragraph (1)(b) or the request mentioned in paragraph (3), whichever is later.

(5) No information is required to be given under this regulation where—

(a)the member informs the trustees or managers of the scheme that the member has accessed the pensions guidance in the previous 12 months;

(b)the member informs the trustees or managers of the scheme that the member has received independent financial advice in the previous 12 months about what the member may do with the flexible benefits, or

(c)the trustees or managers of the scheme—

(i)have given information to the member under regulation 18A in the 2 months immediately preceding the date on which the contact mentioned in paragraph (1)(b) is made, or

(ii)are required to give information to the member under regulation 18A within 2 months of the date on which the contact mentioned in paragraph (1)(b) is made.]

Textual Amendments

[F42Requirement to refer members and survivors to guidance etc.N.I.

18C.—(1) Where this regulation applies, the requirements in the following regulations to provide the information on pensions guidance in Part 1 of Schedule 9A do not apply—

(a)regulation 18A(1) and (2)(b), and

(b)regulation 18B(1) and (2).

(2) Subject to paragraph (3), this regulation applies where the trustees or managers of an occupational pension scheme receive on or after 1st June 2022 from any person an application, or communication made in relation to an application, from a relevant beneficiary (“B”)—

(a)to transfer any rights to flexible benefits accrued by B under the scheme, or

(b)to start receiving flexible benefits provided by the scheme.

(3) This regulation does not apply where the trustees or managers of an occupational pension scheme receive on or after 1st June 2022 from any person an application, or communication made in relation to an application, from B to transfer rights in accordance with paragraph (2)(a) if—

(a)B is under the age of 50;

(b)receiving flexible benefits is not the purpose, or one of the purposes, of the application, or

(c)the trustees or managers have received from B or a person authorised to act on behalf of B confirmation (given verbally or in writing) in relation to the application that—

(i)B—

(aa)has been referred by the trustees or managers of a different pension scheme to appropriate pensions guidance, and

(bb)has received or opted out of receiving that guidance,

in accordance with the requirements of this regulation, or

(ii)B is transferring rights to flexible benefits into a relevant pension scheme in respect of which the trustees or managers are required to comply with rules made under section 137FB of the Financial Services and Markets Act 2000 (FCA general rules: disclosure of information about the availability of pensions guidance).

(4) As part of the application process, the trustees or managers—

(a)must offer to book a pensions guidance appointment on behalf of B on a date, at a time and of a kind suitable for B;

(b)where B accepts the offer mentioned in sub-paragraph (a), must take reasonable steps to book that appointment;

(c)where B does not accept that offer, or where the trustees or managers are unable to book such an appointment on a date, at a time and of a kind suitable for B despite having taken reasonable steps, must provide B with details of how to book a pensions guidance appointment;

(d)must explain to B that they cannot, proceed with the application unless—

(i)B has received, and notified them of receipt of, appropriate pensions guidance, or

(ii)B opts out of receiving such guidance by giving them an opt-out notification, and

(e)must explain to B that B can only opt out of receiving appropriate pensions guidance by giving them an opt-out notification.

(5) Where the trustees or managers receive an application, or communication made in relation to an application, as mentioned in paragraph (2), B may give an opt-out notification—

(a)in a communication made solely for the purpose of opting out of receiving appropriate pensions guidance, or

(b)where paragraph (9) applies.

(6) Paragraph (7) applies to any interaction subsequent to the interaction mentioned in paragraph (4) where B contacts the trustees or managers in connection with B’s application unless—

(a)B has confirmed to the trustees or managers that B has received appropriate pensions guidance in connection with the application, or

(b)B has provided to the trustees or managers an opt-out notification in a communication made solely for the purpose of opting out of receiving appropriate pensions guidance.

(7) Where this paragraph applies, the trustees or managers must repeat the steps required by paragraph (4).

(8) If, at any point while the trustees or managers are repeating the steps required by paragraph (4) by virtue of paragraph (7), B confirms to them that B has received appropriate pensions guidance in connection with the application, the trustees or managers may treat the requirements of paragraph (4) as having been satisfied.

(9) This paragraph applies where the trustees or managers have received from B or a person authorised to act on behalf of B confirmation (given verbally or in writing) that—

(a)B has received—

(i)appropriate pensions guidance, or

(ii)regulated financial advice in connection with the application, provided by a financial adviser regulated and authorised by the Financial Conduct Authority to provide such advice,

in the 12-month period (excluding the date of receipt) before the trustees or managers received an application, or communication made in relation to an application, as mentioned in paragraph (2);

(b)B qualifies for a serious ill-health lump sum within the meaning of paragraph 4(1) of Schedule 29 to the Finance Act 2004, or

(c)B’s application is solely to transfer any of their rights to flexible benefits accrued under the scheme.

(10) In this regulation—

“appropriate pensions guidance” means pensions guidance accessible by B during a pensions guidance appointment which includes the facility for real-time human interaction between the parties during the appointment (whether face to face, by telephone or through another electronic medium);

“opt-out notification” means a notification (given verbally or in writing) given to the trustees or managers of an occupational pension scheme for the purpose of confirming that B is opting out of receiving appropriate pensions guidance in connection with an application or communication made in relation to an application;

“pensions guidance appointment” means an appointment of B with the provider of appropriate pensions guidance;

“regulated financial advice” means advice of a kind mentioned in Article 53 of the Financial Services and Markets Act (Regulated Activities) Order 2001 (advising on investments);

“relevant beneficiary” has the meaning given by the definition in section 109B(6) of the 1993 Act and for the purposes of paragraph (b) of that definition another person of a prescribed description is a survivor of a member.

Textual Amendments

Consequential modifications of sections 95 and 97J of the 1993 ActN.I.

18D.—(1) The 1993 Act has effect subject to the following modifications.

(2) Where regulation 18C of these Regulations applies in relation to an application under section 91(1) of the 1993 Act (ways of taking right to cash equivalent), section 95(2)(b) of the 1993 Act (trustees’ duties after exercise of option) has effect as if the duty it imposes only applies if, within the 6-month period to which it refers, the requirements under that regulation for proceeding with the application have been satisfied.

(3) Where regulation 18C of these Regulations applies in relation to the requirement under section 97G(4) of the 1993 Act (restrictions on power to give transfer notice) for a member to make an application under section 91(1) of the 1993 Act in addition to giving a transfer notice, section 97J(1)(b) of the 1993 Act (time for compliance with transfer notice) has effect as if the duty it imposes only applies if, within the 6-month period to which it refers, the requirements under that regulation for proceeding with the application have been satisfied.

Textual Amendments

Record-keeping requirements of trustees and managersN.I.

18E.—(1) The trustees or managers of an occupational pension scheme must, in respect of a relevant beneficiary (“B”), keep a record of—

(a)the receipt by B of appropriate pensions guidance in connection with an application, or communication made in relation to an application, from B under regulation 18C(2);

(b)the provision to them by B of an opt-out notification in connection with an application, or communication made in relation to an application, from B under regulation 18C(2), or

(c)the receipt of a confirmation referred to in regulation 18C(9).

(2) For the purposes of paragraph (1), “relevant beneficiary”, “appropriate pensions guidance” and “opt-out notification” have the meanings given in regulation 18C(10).]

Textual Amendments

First information on accessing benefitsN.I.

19.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation to a member who has [F43a right or entitlement to flexible benefits] .

[F44(2) The information is—

(a)where the member has been given information in accordance with regulation 18A in the 12 months before the date on which the trustees or managers of the scheme give information under this regulation—

(i)a statement that the member has been given information about—

(aa)the flexible benefits that may be provided to the member;

(bb)the member’s opportunity to transfer those benefits, and

(cc)the options available to the member under the scheme rules, and

(ii)that listed in paragraphs 1 to 9 of Schedule 9A, and

(b)in any other case—

(i)a statement of the options available to the member under the scheme rules, and

(ii)where the member has an opportunity to transfer flexible benefits, that listed in Part 3 of Schedule 7 and in Schedule 9A.]

(3) The information must be given at least 4 months before—

(a)where there is a retirement date, that date, or

(b)where there is no retirement date, the date the member attains normal pension age(24).

(4) For the purposes of paragraph (3), where the interval between the date on which the retirement date is specified and the date that the benefits will become payable is less than 4 months, the information must be given within [F4520] days of the date on which the retirement date is specified.

(5) In this regulation “retirement date” means the date specified by—

(a)the member to the trustees or managers of the scheme that is acceptable under the rules of the scheme, or

(b)the trustees or managers of the scheme where no acceptable date has been specified under sub-paragraph (a).

Textual Amendments

Commencement Information

I19Reg. 19 in operation at 6.4.2014, see reg. 1(1)

[F46Retirement risk warningsN.I.

19A.—(1) Subject to paragraphs (5) and (7), the trustees or managers of the scheme must give a retirement risk warning to a member in accordance with this regulation where they are giving a member—

(a)information in accordance with regulation 18A, 18B or 19 or the member has been given such information previously, and

(b)an application form, online access, information about access or any other method of access that enables the member to require the trustees or managers of the scheme to take any of the actions in paragraph (2).

(2) The actions referred to in paragraph 1(b) are—

(a)the application of sums or assets held for the purpose of providing flexible benefits for purchasing an annuity;

(b)the payment of a lump sum in respect of flexible benefits, or

(c)the designation of sums or assets held for the purpose of providing flexible benefits as available for the payment of drawdown pension.

(3) A retirement risk warning under paragraph (1) must be given at the same time as the method of access in paragraph (1)(b) and before any of the actions set out in paragraph (2) are concluded.

(4) When giving a retirement risk warning to a member, the trustees or managers of the scheme must also give the member a statement that asks the member to note the importance of—

(a)reading the retirement risk warning, and

(b)accessing pensions guidance or independent advice.

(5) A retirement risk warning for any specific action in paragraph (2) need not be given to a member within 12 months of a retirement risk warning for that action having been given in accordance with this regulation to that member.

(6) For the purpose of—

(a)this regulation, “retirement risk warning” means a statement that sets out the characteristic attributes and features of an annuity, lump sum and drawdown pension referred to in paragraph (2) and the factors in sub-paragraph (b)(iv), and

(b)sub-paragraph (a)—

(i)the statement must be generic in nature and not tailored to or based on the personal circumstances of any individual member;

(ii)the statement may be limited to the characteristic attributes and features of an annuity, lump sum or drawdown pension referred to in paragraph (2) in respect of which the trustees or scheme managers are giving the member a method of access in paragraph (1)(b);

(iii)characteristic attributes and features are those that have the potential to adversely affect the retirement income of any member or their widow, widower, surviving civil partner, nominee, successor or other dependant, and

(iv)the factors are those that have the potential to affect the appropriateness of an annuity, lump sum and drawdown pension for a member such as: the impact of health status and lifestyle choices; whether a member has dependants, is in debt or in receipt of means tested benefits; and any other relevant factors.

(7) Subject to paragraph (8)—

(a)a retirement risk warning under paragraph (1) need not be given where the trustees or managers of the scheme give the member an appropriate risk warning before any of the actions listed in paragraph (2) are concluded;

(b)an appropriate risk warning must be given either verbally or in writing;

(c)for the purposes of sub-paragraphs (a) and (b), an appropriate risk warning is a statement—

(i)that sets out the risks associated with any of the actions listed in paragraph (2) that the member is proposing to require the trustees or managers of the scheme to take and that have the potential to adversely affect the retirement income of that member or their widow, widower, surviving civil partner, nominee, successor or other dependant, and

(ii)that is based on the characteristic attributes and features of an annuity, lump sum or drawdown pension referred to in paragraph (2) and answers to questions the trustees or managers of the scheme have asked the member in order to identify any factors or other variables that increase the risks referred to in head (i).

(8) Paragraph (7) only applies where trustees or managers of the scheme have—

(a)asked the member whether the member has received pensions guidance or independent advice, and

(b)if the member has not received such guidance or advice, or is unsure, encouraged the member to use pensions guidance or to take independent advice to understand the options available to that member at retirement.]

Textual Amendments

Second information on accessing benefitsN.I.

20.—(1) The information mentioned in paragraph (2) must be given to a person in accordance with this regulation where benefit under the scheme has, or is about to, become payable to the person.

(2) The information is the information listed—

(a)in paragraphs 6 to 9 of [F47Schedule 7;]

(b)in Part 1 of that Schedule where the person has an opportunity to select an annuity under any rights and options in relation to the death of the [F48member, and]

[F49(c)in Part 1 of Schedule 9A where the person, under any rights and options in relation to the death of the member, has an opportunity to—

(i)transfer accrued rights to flexible benefits out of the scheme under the scheme rules;

(ii)apply sums or assets held for the purpose of providing flexible benefits for purchasing an annuity;

(iii)take payment of a lump sum in respect of flexible benefits, or

(iv)designate sums or assets held for the purpose of providing flexible benefits as available for the payment of drawdown pension.]

(3) The information mentioned in paragraph (2)(a) must be given—

(a)where benefit becomes payable on or after normal pension age before benefit becomes payable, if practicable and in any event within one month after benefit becomes payable, or

(b)where benefit becomes payable on a date before normal pension age, within 2 months of that date.

[F50(4) Before benefit becomes payable—

(a)the information mentioned in sub-paragraph (b) of paragraph (2) must be given to a person having the opportunity mentioned in that sub-paragraph;

(b)the information mentioned in sub-paragraph (c) of paragraph (2) must be given to a person having an opportunity mentioned in that sub-paragraph.]

Textual Amendments

Commencement Information

I20Reg. 20 in operation at 6.4.2014, see reg. 1(1)

Accessing benefits on the death of the member or beneficiaryN.I.

21.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation where the trustees or managers of the scheme are aware that—

(a)a member or beneficiary of the scheme has died, and

(b)a person may be entitled to exercise rights or options under the scheme as a result of that death.

(2) The information is the information listed in—

(a)Part 1 of, and paragraphs 8 to 10 of, Schedule 7 where the person referred to in paragraph (1)(b) has an opportunity to select an [F51annuity;]

(b)Part 2 of that Schedule in any other [F52case, and]

[F53(c)Part 1 of Schedule 9A where the person has an opportunity to—

(i)transfer accrued rights to flexible benefits out of the scheme under the scheme rules;

(ii)apply sums or assets held for the purpose of providing flexible benefits for purchasing an annuity;

(iii)take payment of a lump sum in respect of flexible benefits, or

(iv)designate sums or assets held for the purpose of providing flexible benefits as available for the payment of drawdown pension.]

(3) The information must be given to—

(a)the person referred to in paragraph (1)(b), if that person is at least 18 years old and the trustees or managers of the scheme know that person’s postal address or electronic address, and

(b)subject to paragraph (4), a person who is—

(i)a personal representative of the member or beneficiary of the scheme, or

(ii)authorised to act on behalf of the person referred to in paragraph (1)(b).

(4) For the purposes of paragraph (3), the information—

(a)must be given only where the personal representative or the person authorised to act requests it, and

(b)need not be given where a request is made within 3 years of the same information being given under this regulation to the same person in the same capacity.

(5) The information must be given as soon as practicable and in any event within 2 months of—

(a)the date on which the trustees or managers of the scheme become aware of the death, or

(b)the request referred to in paragraph (4).

Textual Amendments

Commencement Information

I21Reg. 21 in operation at 6.4.2014, see reg. 1(1)

PART 7N.I.Information about benefits in payment

Changes to benefitsN.I.

22.—(1) The information listed in paragraphs 6, 8 and 9 of Schedule 7 must be given to a person in accordance with paragraph (2) where—

(a)the amount of benefit payable to the person alters, and

(b)that alteration is not made in accordance with the provisions referred to in paragraph 7(b) of Schedule 7.

(2) The information must be given before the date on which the decision to alter the benefit takes effect, where practicable and in any event within one month of that date.

[F54(3) This regulation does not apply where regulation 22B applies.]

Textual Amendments

Commencement Information

I22Reg. 22 in operation at 6.4.2014, see reg. 1(1)

[F55Benefit adjustment information: collective money purchase schemesN.I.

22A.—(1) Information listed in paragraphs 15 to 20 of Schedule 7 must be provided in accordance with this regulation to members and beneficiaries of a collective money purchase scheme.

(2) The information must be given each time an actuarial valuation is obtained—

(a)as soon as reasonably practicable after the certification of the actuarial valuation by the scheme actuary, and

(b)no less than 6 weeks before any adjustment to the rate or amount of benefits provided under the scheme following the latest actuarial valuation is applied, where reasonably practicable.

Textual Amendments

Incorrect benefit adjustments in collective money purchase schemesN.I.

22B.—(1) The information listed in paragraphs 21 to 27 of Schedule 7 must be given in accordance with this regulation where—

(a)the scheme is a collective money purchase scheme, and

(b)a benefit adjustment has not been applied in accordance with the scheme rules or (as the case may be) the latest actuarial valuation.

(2) The information must be given as soon as reasonably practicable to members and beneficiaries who have been or will be affected by the failure to apply the benefit adjustment in accordance with the scheme rules or (as the case may be) the latest actuarial valuation.]

Textual Amendments

PART 8N.I.Information about winding up

Personal pension schemes that have begun winding upN.I.

23.—(1) The information mentioned in paragraph (3) must be given to members, except excluded persons, in accordance with this regulation.

(2) The information must be given where a decision has been made to wind up the scheme or to cease accepting contributions or to cause the scheme to cease to manage the contributions already paid to it (“the decision”).

(3) The information is—

(a)notification of the decision;

(b)the information listed in paragraphs 11 to 13 of Schedule 8;

(c)the information listed in paragraph 14 of Schedule 8 where the scheme is unable to meet in full its liabilities to its members.

(4) The information must be given as soon as practicable after the decision and, in any event—

(a)the notification referred to in paragraph (3)(a) must be given within one month, and

(b)the information mentioned in paragraph (3)(b) and (c) must be given within 4 months,

of the decision.

Commencement Information

I23Reg. 23 in operation at 6.4.2014, see reg. 1(1)

Occupational pension schemes during winding upN.I.

24.—(1) The information mentioned in paragraph (2) must be given to members and beneficiaries of the scheme, except excluded persons, in accordance with this regulation where the trustees have begun to wind up the scheme.

(2) The information is the information listed in—

(a)Part 1 of Schedule 8;

(b)paragraphs 5, 6 and 7 of that Schedule;

(c)Part 4 of that Schedule.

(3) Where the trustees begin to wind up the scheme on a date on or after 6th April 2014—

(a)the information mentioned in paragraph (2)(a) must be given as soon as practicable and in any event within no more than one month of that date, and

(b)the information mentioned in paragraph (2)(b) must be given within every 12 months of the date information was given under sub-paragraph (a) until the trustees complete winding up the scheme.

(4) Where the trustees began to wind up the scheme before 6th April 2014, the information mentioned in paragraph (2)(b) must be given within 12 months of 6th April 2014 and within every 12 months thereafter until the trustees complete winding up the scheme.

(5) Where a request is made for the information mentioned in paragraph (2)(c), it must be given within 2 months of the date the request is made.

(6) For the purposes of this regulation, the date the trustees begin to wind up the scheme is to be determined—

[F56(za)in relation to a collective money purchase scheme, in accordance with paragraph 4 of Schedule 6 to the Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2022 (continuity option 1: transfer out and winding up);]

(a)in a case where regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996(25) (commencement of winding up) applies, in accordance with that regulation, and

(b)in any other case, in accordance with Article 121(4)(26) and (5) of the 1995 Order.

(7) Where a scheme is a sectionalised scheme, this regulation applies as if—

(a)each section of the scheme were a separate scheme, and

(b)the members of each section were the members of a separate scheme.

(8) For the purposes of paragraph (7), a sectionalised scheme is a scheme where—

(a)Part 4 of the 2005 Order applies to the scheme as if a section of a scheme were a separate scheme by virtue of paragraph 1 of Schedule 2 to the Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 2005(27) (sectionalised multi-employer schemes), or

(b)Part 4 of the 2005 Order does not apply to the scheme, but would apply in that way if it did.

Textual Amendments

Commencement Information

I24Reg. 24 in operation at 6.4.2014, see reg. 1(1)

Occupational pension schemes after winding up for individual membersN.I.

25.—(1) The information mentioned in paragraph (2) must be given in accordance with this regulation where—

(a)the scheme is being wound up, and

(b)the trustees or managers of the scheme have done what they can to discharge the scheme’s liabilities for a particular member or beneficiary of the scheme.

(2) The information is—

[F57(a)where the member or beneficiary of the scheme—

(i)has rights to benefits other than money purchase benefits, the information mentioned in Part 2 of Schedule 8, or

(ii)has rights to money purchase benefits, the information mentioned in paragraph 10 of Schedule 8, and]

(b)where the member or beneficiary of the scheme is, for the time being—

(i)entitled to payment of benefits, the information listed in paragraphs 6 and 7 of Schedule 7, or

(ii)except in relation to money purchase benefits, not entitled to payment of benefits, the information listed in paragraph 16 of Schedule 8.

(3) The information mentioned in paragraph (2) must be given to the member or beneficiary of the scheme except that an excluded person need not be given the information mentioned in paragraph (2)(b)(ii).

(4) The information must be given as soon as practicable after, and in any event within no more than 3 months of, the date paragraph (1)(b) is satisfied.

Textual Amendments

Commencement Information

I25Reg. 25 in operation at 6.4.2014, see reg. 1(1)

PART 9N.I.Giving information and documents

Giving information and documentsN.I.

26.—(1) Except where these Regulations otherwise provide, the methods for giving information or documents that these Regulations require to be given include the methods set out in paragraph (2).

(2) The information may be given by—

(a)sending it (including by ordinary post) to the person’s last known postal address, or

(b)subject to paragraphs (3) to (5), using either or both of the following methods—

(i)sending it to the person’s last known electronic address;

(ii)making it available on a website (see regulation 27).

(3) Where a member or beneficiary of the scheme has requested in writing that—

(a)any of the information, or

(b)all of the information,

is not given in accordance with paragraph (2)(b), that information may not be given in accordance with paragraph (2)(b).

(4) Information may only be given by an electronic communication where the trustees or managers of the scheme are satisfied that the electronic communications have been designed—

(a)so that the person will be able to—

(i)get access to, and

(ii)store or print,

the information, and

(b)taking into account the requirements of disabled persons.

[F58(4A) The provisions of paragraph (4) do not apply where regulation 29A applies to the information.]

(5) Where—

(a)a member or beneficiary of the scheme was a member or beneficiary of the scheme on 1st December 2010, and

(b)information was not given by the trustees or managers of the scheme before that date by the methods described in paragraph (2)(b),

information may not be given to that member or beneficiary of the scheme in accordance with paragraph (2)(b) unless the trustees or managers of the scheme have given that member or beneficiary the written notice referred to in paragraph (6).

(6) The written notice mentioned in paragraph (5) must state that—

(a)the trustees or managers of the scheme propose to give information to the member or beneficiary of the scheme by means of an electronic communication, and

(b)the member or beneficiary of the scheme may request in writing that information is not given by means of an electronic communication.

(7) The written notice mentioned in paragraph (5) must not be given by the methods mentioned in paragraph (2)(b).

Textual Amendments

Commencement Information

I26Reg. 26 in operation at 6.4.2014, see reg. 1(1)

Provision of information on a websiteN.I.

27.—(1) [F59Except where [F60regulations 29A and 29B provide] otherwise, where a website] is used for the first time to make available the information or document, a notification must be given to the recipient.

(2) The notification referred to in paragraph (1) must include—

(a)a statement that the information or document is available on the website;

(b)the website address;

(c)details of the place on the website where the information or document may be read, and

(d)an explanation of how the recipient may read the information or document on the website.

(3) Subject to regulation 28, each time a website is used at a subsequent time to make available information or documents, a notification must be given to the recipient.

(4) The notification referred to in paragraph (3) must state that the information or document is available on the website.

(5) The notifications mentioned in paragraphs (1) and (3) must not be given by making them available on a website.

Textual Amendments

Commencement Information

I27Reg. 27 in operation at 6.4.2014, see reg. 1(1)

Provision of information on a website: supplementalN.I.

28.—(1) The notification mentioned in regulation 27(3) need not be given where paragraphs (2) to (4) are satisfied.

(2) This paragraph is satisfied where—

(a)the trustees or managers 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 managers of the scheme except where the trustees or managers 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 managers 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 managers 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 17(1), the notification mentioned in regulation 27(3) need only be given as required by regulation 17(7).

Commencement Information

I28Reg. 28 in operation at 6.4.2014, see reg. 1(1)

Giving information and documents in certain casesN.I.

29.—(1) Information or documents to be given in accordance with this regulation are to be given as follows.

(2) Where the person or recognised trade union makes a request for the information in hard copy form, the trustees or managers of the scheme must, subject to paragraph (3), give the information in that form and if a charge is levied for giving the information in that form, it must not exceed the cost of producing and giving it.

(3) Where the information in hard copy form is publicly available, the trustees or managers of the scheme may give details of where it is publicly available instead of giving it under paragraph (2).

(4) Where the person or recognised trade union makes a request for the information other than in hard copy form, it may be made available free of charge—

(a)for inspection at a place that is reasonable having regard to who made the request, or

(b)on a website.

(5) For the purposes of paragraph (4)(b), the provisions of regulations 27 and 28 do not apply except that the trustees or managers of the scheme must give the notification described in regulation 27(2) to the person or recognised trade union who requested the information.

(6) Information is in “hard copy form” if it is given in a paper copy or similar form capable of being read.

Commencement Information

I29Reg. 29 in operation at 6.4.2014, see reg. 1(1)

[F61Publishing charges and transaction costs [F62and other relevant information] N.I.

29A.—(1) Where the scheme is a relevant scheme within the meaning of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, the information specified in paragraph (2) [F63and, where that scheme falls within Article 35 of the 1995 Order (investment principles), paragraph (2A)] must be made publicly available free of charge on a website in accordance with this regulation.

(2) The specified information is the information which must be included in the most recent statement prepared under regulation 23 of those Regulations (annual statement regarding governance) in accordance with the following paragraphs of that regulation—

(a)paragraph (1)(a);

[F64(aza)paragraph (1)(aza);]

[F65(aa)paragraph (1)(aa);]

(b)paragraph (1)(c), F66...

[F67(ba)paragraph (1)(cza);]

(c)[F68(1)(ca);] [F69 and

[F70(d)(1)(cb), and]]

[F71(e)paragraph (1)(cc).]

[F72(2A) The specified information is—

(a)the latest statement of investment principles governing decisions about investments prepared for the scheme under Article 35 of the 1995 Order, and

(b)the information which must be included in the most recent document prepared under regulation 12 in accordance with paragraph 30(f) of Schedule 3.]

(3) Where this regulation applies—

(a)a notification need not be given under regulation 27 in relation to the information on the website where information is given to the person in accordance with paragraph 5B(a) of Schedule 6;

(b)the trustees or managers of the scheme must have regard to guidance prepared from time to time by the Department concerning the publication of the information.

(4) Where a person requests the trustees or managers of the scheme to provide the information referred to in paragraph (2) [F73, (2A) or (2B)] in hard copy form, the trustees or managers of the scheme must give that information to the person in hard copy form only where the trustees or managers are satisfied that it would be unreasonable for that person to obtain it from the website on which it is published.

(5) Where information is required to be given in hard copy form in accordance with paragraph (4), it must be given within 2 months of the date the request is made.]

Textual Amendments

[F74Additional publication requirements for collective money purchase schemesN.I.

29B.—(1) In relation to a collective money purchase scheme, the information specified in paragraphs (2) to (4) must be published in accordance with this regulation.

(2) The following information must be published no more than one month after the date on which the Regulator notifies the applicant of its decision to authorise the scheme—

(a)a statement explaining the design of the scheme, which must contain the information listed in Part 1 of Schedule 9B, and

(b)the scheme’s rules.

(3) The information listed in Part 2 of Schedule 9B must be published no more than 3 months after the latest actuarial valuation is sent to the Regulator.

(4) The model used to calculate information specified in paragraphs 5, 6, 19, 20 and 23 to 25 of Schedule 6A must be published as soon as reasonably practicable after information is first provided in accordance with regulation 17A.

(5) Where there is a change in relation to the information listed in paragraph 4 or 5 of Schedule 9B, the statement mentioned in sub-paragraph (2)(a) must be altered accordingly, and published before or as soon as practicable after the change.

(6) Each time the document specified in sub-paragraph (2)(b) is changed after it is first published, the changed version must be published before or as soon as possible after (and in any event within 3 months after) the change.

(7) A notification need not be given under regulation 27 in relation to the information on the website that is published in accordance with this regulation.

(8) Where a person requests the trustees of the scheme to provide the information referred to in paragraph (2), (3) or (4) in hard copy form, the trustees of the scheme must give that information to the person in hard copy form where, but only where, the trustees are satisfied that it would be unreasonable for that person to obtain it from the website on which it is published.

(9) Where information is required to be given in hard copy form in accordance with paragraph (8), it must be given within 2 months of the date the request is made.

(10) In this regulation, “published” means made publicly available free of charge on a website.]

Textual Amendments

Responsibility for giving information and documentsN.I.

30.  The trustees or managers of a scheme are responsible for ensuring that information or documents are given in accordance with these Regulations whether they give the information or documents—

(a)directly, or

(b)indirectly through a third party.

Commencement Information

I30Reg. 30 in operation at 6.4.2014, see reg. 1(1)

PART 10N.I.Consequential amendments and revocations

Consequential amendmentsN.I.

31.  Schedule 9 shall have effect.

Commencement Information

I31Reg. 31 in operation at 6.4.2014, see reg. 1(1)

Consequential revocationsN.I.

32.  The provisions specified in column (1) of Schedule 10 are revoked to the extent specified in column (3).

Commencement Information

I32Reg. 32 in operation at 6.4.2014, see reg. 1(1)

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

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

SCHEDULES

Regulation 4(1), (4) and (5)

SCHEDULE 1N.I.Description of schemes

1.—(1) An occupational pension scheme falls within this paragraph if it meets the following conditions.N.I.

(2) The first condition is that the scheme—

(a)is a tax registered scheme;

(b)was formerly—

(i)approved by HMRC for the purposes of section 590 or 591 of the Income and Corporation Taxes Act 1988(28);

(ii)a statutory scheme as defined in section 611A(29) of that Act, or

(iii)approved by HMRC under Chapter 4 of Part 14(30) of that Act;

F75(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)is a public service pension scheme(31).

(3) The second condition is that the scheme—

(a)has 2 or more members;

(b)does not provide only death benefits;

(c)is established in the United Kingdom or has at least one trustee or manager resident in the United Kingdom, and

(d)is not established by the Salvation Army Act 1963(32).

Textual Amendments

Commencement Information

I33Sch. 1 para. 1 in operation at 6.4.2014, see reg. 1(1)

2.  A personal pension scheme falls within this paragraph if it is not a pension scheme that is—N.I.

(a)either—

(i)set up or established in an annuity contract, or

(ii)a trust scheme, and

(b)to be treated as becoming a registered pension scheme under section 153(9) of the Finance Act 2004(33) (registration of pension schemes) in accordance with paragraph 1(1)(f) of Schedule 36 to that Act (deemed registration of existing schemes).

Commencement Information

I34Sch. 1 para. 2 in operation at 6.4.2014, see reg. 1(1)

Regulations 6(2), 7(2), 8(1) and 18(1)

SCHEDULE 2N.I.Basic information

PART 1N.I.Information to be given by occupational pension schemes that fall within paragraph 1 of Schedule 1

1.  The conditions persons must meet to become members of the scheme and a summary of the categories of persons who are eligible to become members of the scheme.N.I.

Commencement Information

I35Sch. 2 para. 1 in operation at 6.4.2014, see reg. 1(1)

2.  How persons who are eligible to be members of the scheme are admitted to it.N.I.

Commencement Information

I36Sch. 2 para. 2 in operation at 6.4.2014, see reg. 1(1)

3.  A summary of what can be done with a member’s accrued rights where the member leaves pensionable service before normal pension age, including whether accrued rights can be transferred out of the scheme, converted into an annuity[F76, designated as available for the payment of drawdown pension] and commuted to a lump sum.N.I.

Textual Amendments

Commencement Information

I37Sch. 2 para. 3 in operation at 6.4.2014, see reg. 1(1)

4.  A statement relating to the matters mentioned in paragraph 3—N.I.

(a)as to whether a charge may be made, and

(b)that further information is available on request.

Commencement Information

I38Sch. 2 para. 4 in operation at 6.4.2014, see reg. 1(1)

[F774A.  Where the member has flexible benefits, a statement explaining the circumstances in which the member may transfer accrued rights to flexible benefits out of the scheme.N.I.

Textual Amendments

4B.  [F78Subject to paragraph 4C] Where the member has safeguarded benefits (which has the meaning given in section 51(8) of the Pension Schemes Act 2015 (independent advice in respect of conversions and transfers: Northern Ireland)), a statement that the member may be required to take independent advice before the member may—

(a)convert any of the safeguarded benefits into different benefits that are flexible benefits under the scheme;

(b)transfer safeguarded benefits to another pension scheme with a view to acquiring a right or entitlement to flexible benefits, and

(c)withdraw an uncrystallised funds pension lump sum (which has the meaning given in paragraph 4A of Schedule 29 to the Finance Act 2004) (uncrystallised funds pension lump sum).]

Textual Amendments

[F794C.  Paragraph 4B does not apply to a member of an occupational pension scheme that is an unfunded public service defined benefits scheme, unless it is a scheme in relation to which section 91(2A)(a)(i) of the 1993 Act has been disapplied, pursuant to section 91(2B) of the 1993 Act.]N.I.

Textual Amendments

5.  Whether the scheme is a tax registered scheme or, if not, whether an application for the scheme to become a tax registered scheme is under consideration by HMRC.N.I.

Commencement Information

I39Sch. 2 para. 5 in operation at 6.4.2014, see reg. 1(1)

6.  A statement that explains whether transfers can be made into the scheme, including whether such transfers can be made in accordance with [F80Chapters 1 and 2 of Part 4ZA] of the 1993 Act.N.I.

Textual Amendments

Commencement Information

I40Sch. 2 para. 6 in operation at 6.4.2014, see reg. 1(1)

7.  The arrangements, if any, for the payment by members of additional voluntary contributions.N.I.

Commencement Information

I41Sch. 2 para. 7 in operation at 6.4.2014, see reg. 1(1)

8.  A summary of how the contributions, if any, payable by the employer and the member are calculated.N.I.

Commencement Information

I42Sch. 2 para. 8 in operation at 6.4.2014, see reg. 1(1)

9.  Where the scheme is the National Employment Savings Trust Corporation established under section 75(1) of the Pensions Act 2008(34), a statement of the maximum amount, if any, of contributions that may be paid in any tax year in relation to a member of the scheme.N.I.

Commencement Information

I43Sch. 2 para. 9 in operation at 6.4.2014, see reg. 1(1)

10.  A statement that—N.I.

(a)the [F81Money and Pensions Service] (35) is available at any time to assist members and beneficiaries with—

(i)pensions questions, and

(ii)issues they have been unable to resolve with the trustees or managers of the scheme;

(b)the Pensions Ombudsman(36) may investigate and determine certain complaints or disputes about pensions that are referred to the Pensions Ombudsman in accordance with the 1993 Act, and

(c)the Regulator may intervene in the running of schemes where trustees, managers, employers or professional advisers have failed in their duties.

Textual Amendments

Commencement Information

I44Sch. 2 para. 10 in operation at 6.4.2014, see reg. 1(1)

11.  The postal address and electronic address at which each of the bodies referred to in paragraph 10 may be contacted.N.I.

Commencement Information

I45Sch. 2 para. 11 in operation at 6.4.2014, see reg. 1(1)

F8212.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Commencement Information

I46Sch. 2 para. 12 in operation at 6.4.2014, see reg. 1(1)

13.  If a member of the scheme has to give a period of notice to terminate that member’s pensionable service, the length of that period of notice.N.I.

Commencement Information

I47Sch. 2 para. 13 in operation at 6.4.2014, see reg. 1(1)

14.  Whether, and if so on what conditions (if any), a member of the scheme, whose pensionable service has terminated before normal pension age, may re-enter pensionable service.N.I.

Commencement Information

I48Sch. 2 para. 14 in operation at 6.4.2014, see reg. 1(1)

15.  The following information about benefits payable under the scheme (referred to in this paragraph as “benefits”)—N.I.

(a)what the benefits are;

(b)how benefits are calculated;

(c)how the scheme defines pensionable earnings, if appropriate;

(d)how and when benefits in payment are increased [F83or decreased], if appropriate;

(e)the rate at which rights to benefits accrue, if appropriate;

(f)the conditions on which benefits are payable;

(g)when benefits (including survivor’s benefits) are payable.

Textual Amendments

Commencement Information

I49Sch. 2 para. 15 in operation at 6.4.2014, see reg. 1(1)

16.  Where the member has money purchase benefits, a statement that the value of the pension will depend on several factors including [F84where appropriate] the amount of the contributions paid, [F85any cost of exercising any right to transfer the benefits, any charges payable, the age at which the member accesses the benefits,] the performance of [F86investments and any] cost of converting the benefit into an annuity.N.I.

Textual Amendments

Commencement Information

I50Sch. 2 para. 16 in operation at 6.4.2014, see reg. 1(1)

[F8716A.  Where the member has rights to cash balance benefits, a statement that the value of the pension will depend on several factors including the amount of contributions paid, [F88any cost of exercising any right to transfer the benefits, any charges payable, the age at which the member accesses the benefits,] any guaranteed interest or bonuses [F89applied and any] cost of converting the benefits into an annuity.]

Textual Amendments

17.  Except where the scheme is a public service pension scheme, a statement that the scheme annual report will be given on request.N.I.

Commencement Information

I51Sch. 2 para. 17 in operation at 6.4.2014, see reg. 1(1)

18.—(1) The scheme’s internal dispute resolution arrangements.N.I.

(2) The postal address or electronic address and job title of the person who should be contacted to use those arrangements.

(3) This paragraph does not apply to a scheme within Article 50(8) of the 1995 Order(37) (requirement for dispute resolution arrangements).

Commencement Information

I52Sch. 2 para. 18 in operation at 6.4.2014, see reg. 1(1)

[F9018A.  In respect of a collective money purchase scheme, a statement that—N.I.

(a)there is no promise or guarantee as to the rate or amount of benefit provided under the scheme, and

(b)the rate or amount of benefits may fluctuate, which may result in—

(i)reduced benefits before benefit becomes payable;

(ii)reduced benefits after benefit becomes payable.

Textual Amendments

18B.  In respect of a collective money purchase scheme, a summary of the rules governing how the rate or amount of benefits provided under the scheme is to be adjusted from time to time, including—N.I.

(a)that annual benefit calculations and any adjustments of the rate or amount of benefits are applied to all the members of the scheme without variation;

(b)where relevant, an explanation of how any multi-annual reduction permitted under the scheme rules operates and the effect it may have on the rate or amount of benefits provided under the scheme, and

(c)the arrangements in place for making any adjustments to the rate or amount of benefits provided to pensioner members.]

Textual Amendments

PART 2N.I.Information to be given by occupational pension schemes not falling within paragraph 1 of Schedule 1 and schemes that are established under the Salvation Army Act 1963

19.  The following information about benefits payable under the scheme (referred to in this paragraph as “benefits”)—N.I.

(a)what the benefits are;

(b)how benefits are calculated;

(c)how the scheme defines pensionable earnings, if appropriate;

(d)how and when benefits in payment are increased, if appropriate;

(e)the rate at which rights to benefits accrue, if appropriate;

(f)the conditions on which benefits are payable;

(g)when benefits (including survivor’s benefits) are payable.

Commencement Information

I53Sch. 2 para. 19 in operation at 6.4.2014, see reg. 1(1)

20.  A statement that explains whether transfers can be made into the scheme, including whether such transfers can be made in accordance with [F91Chapters 1 and 2 of Part 4ZA] of the 1993 Act.N.I.

Textual Amendments

Commencement Information

I54Sch. 2 para. 20 in operation at 6.4.2014, see reg. 1(1)

21.  A summary of what can be done with a member’s accrued rights where the member leaves pensionable service before normal pension age, including whether the accrued rights can be transferred out of the scheme, converted into an annuity[F92, designated as available for the payment of drawdown pension] and commuted to a lump sum.N.I.

Textual Amendments

Commencement Information

I55Sch. 2 para. 21 in operation at 6.4.2014, see reg. 1(1)

22.  A statement relating to the matters mentioned in paragraph 21—N.I.

(a)as to whether a charge may be made, and

(b)that further information is available.

Commencement Information

I56Sch. 2 para. 22 in operation at 6.4.2014, see reg. 1(1)

[F9322A.  Where the member has flexible benefits, a statement explaining the circumstances in which the member may transfer accrued rights to flexible benefits out of the scheme.N.I.

Textual Amendments

22B.  [F94Subject to paragraph 22C] Where the member has safeguarded benefits (which has the meaning given in section 51(8) of the Pension Schemes Act 2015), a statement that the member may be required to take independent advice before the member may—

(a)convert any of the safeguarded benefits into different benefits that are flexible benefits under the scheme;

(b)transfer safeguarded benefits to another pension scheme with a view to acquiring a right or entitlement to flexible benefits, and

(c)withdraw an uncrystallised funds pension lump sum (which has the meaning given in paragraph 4A of Schedule 29 to the Finance Act 2004).]

Textual Amendments

[F9522C.  Paragraph 22B does not apply to a member of an occupational pension scheme that is an unfunded public service defined benefits scheme, unless it is a scheme in relation to which section 91(2A)(a)(i) of the 1993 Act has been disapplied, pursuant to section 91(2B) of the 1993 Act.]N.I.

Textual Amendments

23.—(1) The scheme’s internal dispute resolution arrangements.N.I.

(2) The postal address or electronic address and job title of the person who should be contacted to use those arrangements.

(3) This paragraph does not apply to a scheme within Article 50(8) of the 1995 Order.

Commencement Information

I57Sch. 2 para. 23 in operation at 6.4.2014, see reg. 1(1)

24.  A statement that—N.I.

(a)the [F96Money and Pensions Service] is available at any time to assist members and beneficiaries with—

(i)pensions questions, and

(ii)issues they have been unable to resolve with the trustees or managers of the scheme;

(b)the Pensions Ombudsman may investigate and determine certain complaints or disputes about pensions that are referred to the Pensions Ombudsman in accordance with the 1993 Act, and

(c)the Regulator may intervene in the running of schemes where trustees, managers, employers or professional advisers have failed in their duties.

Textual Amendments

Commencement Information

I58Sch. 2 para. 24 in operation at 6.4.2014, see reg. 1(1)

25.  The postal address and electronic address at which each of the bodies referred to in paragraph 24 may be contacted.N.I.

Commencement Information

I59Sch. 2 para. 25 in operation at 6.4.2014, see reg. 1(1)

[F9726.  A statement setting out—N.I.

(a)which benefits—

(i)are provided by means of the setting aside of resources (other than assets at the disposal of the employer of any person who is employed in relevant employment) for a benefit, before the benefit becomes payable, that are related to the intended rate or amount of benefit, and

(ii)are not provided by that means, and

(b)the manner in which any benefits mentioned in sub-paragraph (a)(i) are secured.]

Textual Amendments

27.  A statement that most of the provisions of the 1995 Order do not apply to the scheme.N.I.

Commencement Information

I60Sch. 2 para. 27 in operation at 6.4.2014, see reg. 1(1)

28.  Where the member has money purchase benefits, a statement that the value of the pension will depend on several factors including the amount of the contributions paid, the performance of investments and the cost of converting the benefit into an annuity.N.I.

Commencement Information

I61Sch. 2 para. 28 in operation at 6.4.2014, see reg. 1(1)

[F9828A.  Where the member has rights to cash balance benefits, a statement that the value of the pension will depend on several factors including the amount of contributions paid, any guaranteed interest or bonuses applied and the cost of converting the benefits into an annuity.]

Textual Amendments

PART 3N.I.Lifestyling

29.  A statement explaining lifestyling, its advantages and disadvantages, and either—N.I.

(a)that lifestyling will be adopted, indicating when lifestyling is likely to be adopted, or

(b)that lifestyling has been adopted.

Commencement Information

I62Sch. 2 para. 29 in operation at 6.4.2014, see reg. 1(1)

[F99PART 4N.I.Scheme closure: collective money purchase schemes

Textual Amendments

30.  A statement that a decision has been made to pursue continuity option 3.N.I.

31.  A summary of the reasons for the decision in paragraph 30.N.I.

32.  An estimate of when information will be provided in accordance with paragraphs 34 to 38.N.I.

33.  A statement that the scheme will continue to operate in respect of its current members and beneficiaries.N.I.

34.  A statement confirming that the scheme will be closed, which must include whether it will be closed to new contributions or new members (or both).N.I.

36.  The date the scheme will begin to operate as a closed scheme.N.I.

37.  A statement explaining any impact that the closure will have in relation to accrued rights to benefits under the scheme, including any differences in impact for active, deferred and pensioner members.N.I.

38.  The arrangements for—N.I.

(a)the future operation of the scheme, and

(b)where the scheme will be closed to new contributions, any scheme or section of a scheme to which future contributions may be made.]

Regulations 11 to 14

SCHEDULE 3N.I.Information to be given on request

PART 1N.I.Information on the constitution of the scheme

1.  The contents of any trust deed or document under which the scheme is made.N.I.

Commencement Information

I63Sch. 3 para. 1 in operation at 6.4.2014, see reg. 1(1)

2.  The scheme rules [F100(except where regulation 29B applies)].N.I.

Textual Amendments

Commencement Information

I64Sch. 3 para. 2 in operation at 6.4.2014, see reg. 1(1)

3.  The contents of any document that supplements or alters in any way the information referred to in paragraphs 1 and 2.N.I.

Commencement Information

I65Sch. 3 para. 3 in operation at 6.4.2014, see reg. 1(1)

4.  The name and postal address and electronic address of every person who employs any member of the scheme in relevant employment.N.I.

Commencement Information

I66Sch. 3 para. 4 in operation at 6.4.2014, see reg. 1(1)

PART 2N.I.Information in the annual report etc.

5.  A copy of the appropriate audited accounts or auditor’s statements prepared and audited in accordance with regulations made under Article 41 of the 1995 Order(38) (provision of documents for members).N.I.

Commencement Information

I67Sch. 3 para. 5 in operation at 6.4.2014, see reg. 1(1)

6.  If Part 4 of the 2005 Order applies, a copy of the certificate by the actuary under Article 206 of the 2005 Order (schedule of contributions) about the adequacy of the contributions payable towards the scheme.N.I.

Commencement Information

I68Sch. 3 para. 6 in operation at 6.4.2014, see reg. 1(1)

7.  Any of the information listed in Part 5 that applies.N.I.

Commencement Information

I69Sch. 3 para. 7 in operation at 6.4.2014, see reg. 1(1)

PART 3N.I.Information on funding principles and actuarial valuations etc.

8.  The latest statement of funding principles where required under Article 202 of the 2005 Order.N.I.

Commencement Information

I70Sch. 3 para. 8 in operation at 6.4.2014, see reg. 1(1)

9.  Where Part 4 of the 2005 Order applies to the scheme, a copy of the last actuarial valuation referred to in Article 203 of the 2005 Order (actuarial valuations and reports) that the trustees or managers of the scheme have received.N.I.

Commencement Information

I71Sch. 3 para. 9 in operation at 6.4.2014, see reg. 1(1)

10.  Where Part 4 of the 2005 Order applies to the scheme, the latest actuarial report referred to in Article 203 of the 2005 Order that the trustees or managers of the scheme have received after the last actuarial valuation.N.I.

Commencement Information

I72Sch. 3 para. 10 in operation at 6.4.2014, see reg. 1(1)

[F10110A.  In respect of a collective money purchase scheme, the latest actuarial valuation.]N.I.

Textual Amendments

11.  Any recovery plan prepared under Article 205 of the 2005 Order that is currently in force.N.I.

Commencement Information

I73Sch. 3 para. 11 in operation at 6.4.2014, see reg. 1(1)

12.  The latest payment schedule under Article 85 of the 1995 Order(39) (schedules of payments to money purchase schemes) or the latest schedule of contributions under Article 206 of the 2005 Order that relates to the employer of the member.N.I.

Commencement Information

I74Sch. 3 para. 12 in operation at 6.4.2014, see reg. 1(1)

13.  The latest statement of principles governing decisions about investments where required by Article 35(40) of the 1995 Order.N.I.

Commencement Information

I75Sch. 3 para. 13 in operation at 6.4.2014, see reg. 1(1)

14.  A summary of the winding up procedure under Article 210A(41) of the 2005 Order (requirements for winding up procedure).N.I.

Commencement Information

I76Sch. 3 para. 14 in operation at 6.4.2014, see reg. 1(1)

PART 4N.I.Information on transfer credits

15.  Whether the member or prospective member is entitled to acquire transfer credits in exchange for—N.I.

(a)a specified cash equivalent (within the meaning of [F102Chapter 1 of Part 4ZA] , or Chapter 2 of Part 4A(42), of the 1993 Act) provided by another scheme, or

(b)any transfer payment (within the meaning of [F102Chapter 1 of Part 4ZA] , or Chapter 2 of Part 4A, of the 1993 Act) provided by another scheme.

Textual Amendments

Commencement Information

I77Sch. 3 para. 15 in operation at 6.4.2014, see reg. 1(1)

16.  A statement of any transfer credits referred to in paragraph 15 which the member or prospective member is entitled to acquire.N.I.

Commencement Information

I78Sch. 3 para. 16 in operation at 6.4.2014, see reg. 1(1)

PART 5N.I.Information that applies to the scheme

17.  The names of the persons who are trustees of the scheme, and in the case of a scheme none of the trustees of which is an individual, the names of the directors of any company that is a trustee, during the scheme year to which the information relates (referred to in this Part as “the year”).N.I.

Commencement Information

I79Sch. 3 para. 17 in operation at 6.4.2014, see reg. 1(1)

18.  The provisions of the scheme in relation to the appointment of trustees and their removal from office and, in the case of a scheme none of the trustees of which is an individual, the provisions in the articles of association of each trustee that relate to the appointment and removal from office of any directors.N.I.

Commencement Information

I80Sch. 3 para. 18 in operation at 6.4.2014, see reg. 1(1)

19.  The names of the professional advisers and of such banks, custodians and other persons and organisations who have acted for or who have been retained by the trustees during the year, with an indication (except in a case where regulation 12 is complied with by the trustees of a scheme for the first time) of any changes since the previous year.N.I.

Commencement Information

I81Sch. 3 para. 19 in operation at 6.4.2014, see reg. 1(1)

20.  The postal address and electronic address to which enquiries about the scheme generally or about an individual’s entitlement to benefit should be sent.N.I.

Commencement Information

I82Sch. 3 para. 20 in operation at 6.4.2014, see reg. 1(1)

21.  The number of beneficiaries and active, deferred and pensioner members as at any one date during the year.N.I.

Commencement Information

I83Sch. 3 para. 21 in operation at 6.4.2014, see reg. 1(1)

22.  Except in the case of a money purchase scheme [F103other than a collective money purchase scheme] , the percentage [F104increases or decreases] made (otherwise than in accordance with a legislative requirement) during the year (or, if there have been different [F104increases or decreases] for different individuals or groups of individuals, the maximum, minimum and average percentage [F104increases or decreases] ) to—N.I.

(a)pensions that were payable, and

(b)deferred pensions,

with a statement whether the [F104increases or decreases] were to any extent discretionary.

Textual Amendments

Commencement Information

I84Sch. 3 para. 22 in operation at 6.4.2014, see reg. 1(1)

23.  Except in the case of a money purchase scheme that is a wholly insured scheme, the following information—N.I.

(a)where any cash equivalents F105... (within the meaning of [F106Chapter 1 of Part 4ZA] , or Chapter 2 of Part 4A, of the 1993 Act) paid during the year were not calculated and verified in the manner prescribed by regulations made under section 93(43) or 97I of the 1993 Act (calculation of cash equivalents), as the case may be, a statement explaining why;

(b)where any of the cash equivalents F105... paid during the year were less than the amount for which [F107section 90] (44) of the 1993 Act (right to cash equivalent) provides, a statement to that effect together with information as to why they were less;

(c)a statement of when full values became, or are likely to become, available, and

(d)a statement whether discretionary benefits are included in the calculation of the transfer values and, if so, the method by which the value of discretionary benefits is assessed.

Textual Amendments

Commencement Information

I85Sch. 3 para. 23 in operation at 6.4.2014, see reg. 1(1)

24.  A statement as to whether the accounts have been prepared and audited in accordance with regulations made under Article 41(1) and (6) of the 1995 Order (unless the scheme is exempt from such requirements by virtue of those regulations).N.I.

Commencement Information

I86Sch. 3 para. 24 in operation at 6.4.2014, see reg. 1(1)

25.  If the auditor’s statement made in accordance with regulations made under Article 41(1)(a) and (2)(b) of the 1995 Order is negative or qualified, an account of the reasons why and a statement as to how the situation has been or is likely to be resolved.N.I.

Commencement Information

I87Sch. 3 para. 25 in operation at 6.4.2014, see reg. 1(1)

26.  If such situation as is mentioned in paragraph 25 in respect of a previous scheme year was not resolved in a previous year, a statement as to how it has been or is likely to be resolved.N.I.

Commencement Information

I88Sch. 3 para. 26 in operation at 6.4.2014, see reg. 1(1)

27.  Who has managed the investments of the scheme during the year and the extent of any delegation of this function by the trustees.N.I.

Commencement Information

I89Sch. 3 para. 27 in operation at 6.4.2014, see reg. 1(1)

28.  Whether the trustees have produced a statement of the principles governing decisions about investments for the purposes of the scheme in accordance with Article 35(45) of the 1995 Order (unless the scheme is exempt from such requirement by virtue of regulations made under that Article) and, where the trustees have produced such a statement, a statement that a copy is available on request.N.I.

Commencement Information

I90Sch. 3 para. 28 in operation at 6.4.2014, see reg. 1(1)

29.  Except in relation to a wholly insured scheme, a statement as to the trustees’ policy on the custody of the scheme assets.N.I.

Commencement Information

I91Sch. 3 para. 29 in operation at 6.4.2014, see reg. 1(1)

30.— [F108(1)]  Where the scheme is one to which Article 35 of the 1995 Order applies, an investment report containing—N.I.

(a)a statement by the trustees or the fund manager providing details of any investments made for the scheme during the year that were not made in accordance with the statement of investment principles governing decisions about investments required under Article 35 of the 1995 Order;

(c)a review of the investment performance of the scheme’s fund—

(i)during the year, and

(ii)except where the scheme has existed for less than 3 scheme years, during a period of not less than 3 and not more than 5 scheme years ending with the year,

including an assessment of the nature, disposition, marketability, security and valuation of the scheme’s assets;

[F109(d)the policies specified in the following paragraphs of regulation 2 of the Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 2005 (statement of investment principles) (“the Investment Regulations”)—

(i)paragraph (3)(b)(vi);

(ii)paragraph (3)(b) [(vii);]

(iii)paragraph (3)(c), and

[(iv)paragraph (3)(d), and]]

F110(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F111(f)where the scheme is a relevant scheme within the meaning of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, a statement which must—

(i)set out how, and the extent to which, in the opinion of the trustees, the statement of investment principles required under Article 35 of the 1995 Order has been followed during the year;

(ii)describe any review of the statement of investment principles undertaken during the year in accordance with regulation 2(1) of the Investment Regulations and any other review of how the statement of investment principles has been met;

(iii)explain any change made to the statement of investment principles during the year and the reason for the [change;]

(iv)where no such review was undertaken during the year in accordance with regulation 2(1) of the Investment Regulations, give the date of the last [review, and]

[(v)describe the voting behaviour by, or on behalf of, trustees (including the most significant votes cast by trustees or on their behalf) during the year and state any use of the services of a proxy voter during that year.]]

[F112(2) Where, on the preparation or revision of an investment report under sub-paragraph (1), a scheme is a wholly-insured scheme and the trustees do not consider that it should cease to be such a scheme, sub-paragraphs (ca) and (d) of sub-paragraph (1) do not apply.]

Textual Amendments

Commencement Information

I92Sch. 3 para. 30 in operation at 6.4.2014, see reg. 1(1)

31.  A copy of any statement made on the resignation or removal of the auditor or actuary and made in accordance with regulations made under Article 47(6) of the 1995 Order (professional advisors).N.I.

Commencement Information

I93Sch. 3 para. 31 in operation at 6.4.2014, see reg. 1(1)

32.  Except where the scheme is a trust scheme that applies to earners in employments under different employers, where the scheme has employer-related investments (within the meaning of Article 40(2)(46) of the 1995 Order), a statement—N.I.

(a)as to the percentage of the scheme’s resources invested in such investments at the end of the year;

(b)if that percentage exceeds 5 per cent. as to the percentage of the scheme’s resources that are investments to which regulation 13 of the Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 2005(47) (investments to which restrictions do not apply) applies, and

(c)if any resources of the scheme are invested in contravention of paragraph (1) of Article 40 of the 1995 Order—

(i)as to the steps the trustees or managers of the scheme have taken or propose to take to secure that the scheme complies with that Article, and

(ii)as to the time when any proposed steps will be taken.

Commencement Information

I94Sch. 3 para. 32 in operation at 6.4.2014, see reg. 1(1)

33.—(1) Where the scheme is a trust scheme that applies to earners in employments under different employers, a statement in accordance with paragraph 32 or a statement—N.I.

(a)listing the 100 largest investments by value held by the scheme as at the end of the year and stating what percentage of the resources of the scheme each such investment represents;

(b)identifying which of the investments referred to in head (a) are employer-related investments, and

(c)if, as at the end of the year, more than 5 per cent. of the resources of the scheme are invested in employer-related investments in contravention of Article 40(1) of the 1995 Order in relation to a particular employer—

(i)listing the employer-related investments and the name of the employer concerned;

(ii)as to the steps the scheme has taken or proposes to take to ensure that the percentage is reduced to 5 per cent. or less, and

(iii)as to the time when any proposed steps will be taken.

(2) [F113Subject to sub-paragraph (3), in sub-paragraph (1)] “employer-related investments” has the same meaning as in the definition in Article 40(2) of the 1995 Order but as if the following words in that definition were omitted—

(a)in paragraph (a) “or by any person who is connected with, or an associate of, the employer”, and

(b)“or any such person” in each place where they occur.

[F114(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.]

Textual Amendments

Commencement Information

I95Sch. 3 para. 33 in operation at 6.4.2014, see reg. 1(1)

[F11534.  Where the scheme is a relevant scheme within the meaning of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, the statement which the trustees or managers are required to prepare by regulation 23 of those Regulations (annual statement regarding governance).]N.I.

Textual Amendments

[F11634A.  Where the trustees are required to publish a report on a website in accordance with regulation 6(1)(b) of the Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations (Northern Ireland) 2021 (climate change reporting and publication requirements), the website address where the report for the year has been published.]N.I.

Textual Amendments

[F117PART 6N.I.Information to be given about pooled funds

Textual Amendments

35.—(1) A statement identifying in relation to the provision of money purchase benefits to the member—N.I.

(a)the international securities identification number (“the ISIN”) allocated in accordance with ISO 6166 (1st edition) published by the International Organisation for Standardisation on 31st August 2013 in relation to each collective investment scheme in which assets are directly invested on behalf of that member on the relevant date;

(b)in the case of each unit-linked contract entered into by, or on behalf of, the trustees or managers which is in force on the relevant date in relation to that member, the ISIN (where present) relating to each collective investment scheme directly attributable to that contract, and

(c)the name given by the manager of the collective investment scheme to the scheme to which an ISIN provided in accordance with head (a) or (b) relates.

(2) In this paragraph—

“collective investment scheme” has the meaning given in regulation 1(2) of the Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 2005;

“the relevant date” means—

(a)

the date the request is made under regulation 12A, or

(b)

such earlier date as the trustees or managers of the scheme may specify which meets the following conditions—

(i)

the date must be no more than 6 months before the date of the request, and

(ii)

the trustees or managers of the scheme must be satisfied that the investment options in which the assets of the member were invested on the date specified are the same as those in which the member is invested on the date of the request.]

Regulation 15(1)

SCHEDULE 4N.I.Summary funding statements

1.  A summary that—N.I.

(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.

Commencement Information

I96Sch. 4 para. 1 in operation at 6.4.2014, see reg. 1(1)

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—N.I.

(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.

Commencement Information

I97Sch. 4 para. 2 in operation at 6.4.2014, see reg. 1(1)

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.N.I.

Commencement Information

I98Sch. 4 para. 3 in operation at 6.4.2014, see reg. 1(1)

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.N.I.

Commencement Information

I99Sch. 4 para. 4 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I100Sch. 4 para. 5 in operation at 6.4.2014, see reg. 1(1)

6.  A statement explaining—N.I.

(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.

Commencement Information

I101Sch. 4 para. 6 in operation at 6.4.2014, see reg. 1(1)

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.N.I.

Commencement Information

I102Sch. 4 para. 7 in operation at 6.4.2014, see reg. 1(1)

8.  A statement explaining whether any payment to the employer under Article 37(48) of the 1995 Order (payment of surplus to employer) has been made—N.I.

(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.

Commencement Information

I103Sch. 4 para. 8 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I104Sch. 4 para. 9 in operation at 6.4.2014, see reg. 1(1)

[F11810.  Where the trustees are required to publish a report on a website in accordance with regulation 6(1)(b) of the Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations (Northern Ireland) 2021 (climate change reporting and publication requirements), in relation to the most recent report published—N.I.

(a)the information specified in sub-paragraphs (a) to (d) of regulation 27(2), and

(b)a statement explaining any circumstances in which the report will be provided on request in hard copy form.]

Textual Amendments

Regulation 16(2)

SCHEDULE 5N.I.Statements of benefits: non money purchase benefits

PART 1N.I.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.N.I.

Commencement Information

I105Sch. 5 para. 1 in operation at 6.4.2014, see reg. 1(1)

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—N.I.

(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.

Commencement Information

I106Sch. 5 para. 2 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I107Sch. 5 para. 3 in operation at 6.4.2014, see reg. 1(1)

PART 2N.I.Information for active and deferred members

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

Commencement Information

I108Sch. 5 para. 4 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I109Sch. 5 para. 5 in operation at 6.4.2014, see reg. 1(1)

6.  Details of how any deduction from benefits is calculated.N.I.

Commencement Information

I110Sch. 5 para. 6 in operation at 6.4.2014, see reg. 1(1)

[F1196A.  Where the trustees are required to publish a report on a website in accordance with regulation 6(1)(b) of the Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations (Northern Ireland) 2021 (climate change reporting and publication requirements), in relation to the most recent report published—N.I.

(a)the information specified in sub-paragraphs (a) to (d) of regulation 27(2), and

(b)a statement explaining any circumstances in which the report will be provided on request in hard copy form.]

Textual Amendments

PART 3N.I.Information for deferred members

7.  The date the member’s pensionable service ended.N.I.

Commencement Information

I111Sch. 5 para. 7 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I112Sch. 5 para. 8 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I113Sch. 5 para. 9 in operation at 6.4.2014, see reg. 1(1)

PART 4N.I.Information for pension credit members

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

Commencement Information

I114Sch. 5 para. 10 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I115Sch. 5 para. 11 in operation at 6.4.2014, see reg. 1(1)

12.  Details of how any deduction from benefits is calculated.N.I.

Commencement Information

I116Sch. 5 para. 12 in operation at 6.4.2014, see reg. 1(1)

Regulation 17

SCHEDULE 6N.I.Statements of benefits: money purchase benefits [F120and cash balance benefits]

Textual Amendments

PART 1N.I.Information for all money purchase members

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

(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.

Commencement Information

I117Sch. 6 para. 1 in operation at 6.4.2014, see reg. 1(1)

2.  [F121Where an occupational pension scheme was a contracted-out scheme at any time before the abolition date(49)—N.I.

(a)the date of birth used in determining the appropriate age-related percentage for the purposes of section 38A(50) 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 1986(51) (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.]

Textual Amendments

Commencement Information

I118Sch. 6 para. 2 in operation at 6.4.2014, see reg. 1(1)

3.—[F121(1) Where a personal pension scheme was an appropriate scheme at any time before the abolition date—N.I.

(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 2004(53) (minimum contributions under pensions legislation).]

Textual Amendments

Commencement Information

I119Sch. 6 para. 3 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I120Sch. 6 para. 4 in operation at 6.4.2014, see reg. 1(1)

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—N.I.

(a)sections 93(54) 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) 1987(55) (calculation and verification and increases and reductions of cash equivalents), in the case of a personal pension scheme.

Commencement Information

I121Sch. 6 para. 5 in operation at 6.4.2014, see reg. 1(1)

[F1225A.  Where the scheme is a relevant scheme within the meaning of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, details of how the member may obtain on request the information specified in paragraph 35 of Schedule 3.]N.I.

Textual Amendments

[F1235B.  In relation to the information that must be published on a website in accordance with regulation 29A(2) [F124and (2A)] —N.I.

(a)the information specified in sub-paragraphs (a) to (d) of regulation 27(2), and

(b)a statement explaining the circumstances in which the information will be provided on request in hard copy form.]

Textual Amendments

[F1255C.  Where the trustees are required to publish a report on a website in accordance with regulation 6(1)(b) of the Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations (Northern Ireland) 2021 (climate change reporting and publication requirements), in relation to the most recent report published—N.I.

(a)the information specified in sub-paragraphs (a) to (d) of regulation 27(2), and

(b)a statement explaining any circumstances in which the report will be provided on request in hard copy form.]

Textual Amendments

PART 2N.I.Pension illustration

6.  [F126For 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.

Textual Amendments

Commencement Information

I122Sch. 6 para. 6 in operation at 6.4.2014, see reg. 1(1)

[F1276A.  For cash balance benefits, an illustration of the amount of the pension calculated—

(a)in accordance with paragraph 7(1)(a)(ii) and (2);

(b)in accordance with the rules of the scheme, and

(c)where appropriate, in a manner consistent with the relevant guidance,

that is likely to be secured by the member at the member's normal pension age in respect of the member's rights to cash balance benefits that have arisen or may arise under the scheme.]

Textual Amendments

7.—(1) The amount referred to in paragraph 6 must be calculated—N.I.

(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.

Commencement Information

I123Sch. 6 para. 7 in operation at 6.4.2014, see reg. 1(1)

8.—(1) The assumptions are—N.I.

(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.

Commencement Information

I124Sch. 6 para. 8 in operation at 6.4.2014, see reg. 1(1)

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.N.I.

Commencement Information

I125Sch. 6 para. 9 in operation at 6.4.2014, see reg. 1(1)

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.N.I.

Commencement Information

I126Sch. 6 para. 10 in operation at 6.4.2014, see reg. 1(1)

11.  A statement that general assumptions have been made.N.I.

Commencement Information

I127Sch. 6 para. 11 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I128Sch. 6 para. 12 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I129Sch. 6 para. 13 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I130Sch. 6 para. 14 in operation at 6.4.2014, see reg. 1(1)

PART 3N.I.Further information to be given on pension illustration

15.  A statement that—N.I.

(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.

Commencement Information

I131Sch. 6 para. 15 in operation at 6.4.2014, see reg. 1(1)

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.N.I.

Commencement Information

I132Sch. 6 para. 16 in operation at 6.4.2014, see reg. 1(1)

[F12816A.  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 cost of buying an annuity at the time the pension becomes payable) which may be different from any assumptions made.]

Textual Amendments

17.  A statement of any—N.I.

(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.

Commencement Information

I133Sch. 6 para. 17 in operation at 6.4.2014, see reg. 1(1)

Regulation 17A(2)

[F129SCHEDULE 6AN.I.Statements of benefits: collective money purchase benefits

Textual Amendments

PART 1N.I.Information for active, deferred and pension credit members

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

2.  The member’s retirement date and age used for the purposes of the information given under this Schedule.N.I.

3.  The illustration date.N.I.

4.  An explanation of how the member may obtain further details about the information given under this Schedule.N.I.

5.  The amount that represents the member’s share of the available assets of the scheme at the illustration date.N.I.

6.  The amount that represented the member’s share of the available assets of the scheme at the previous year’s illustration date, where applicable.N.I.

7.  Details of any deduction from the member’s benefits.N.I.

8.  Where applicable, a statement that, if the member exercises rights or options to access benefits under the scheme before the member’s retirement date, the amount of the member’s benefits is likely to be lower.N.I.

9.  A statement that there may be increases and decreases in the amount that represents the value of the member’s share of the available assets of the scheme from time to time until the member’s retirement date.N.I.

10.  A statement that illustrations of the amount of pension that may be payable to the member on the member’s retirement date—N.I.

(a)do not represent any promise or guarantee as to the amount of benefits that may be receivable by the member under the scheme, and

(b)are calculated using projections based on actuarial assumptions as to uncertain future events, and that the actual amount could be higher or lower.

11.  A statement that—N.I.

(a)any future increases or decreases in the rate or amount of benefits provided under the scheme will depend on the available assets of the scheme;

(b)assumptions have been made about the nature of the scheme’s investments and their likely performance, and

(c)those assumptions may not correspond with the investments actually made or their actual performance.

12.  A statement that the amounts in any illustrations of amount of pension given are expressed in today’s prices.N.I.

13.  Either—N.I.

(a)an explanation of the meaning and basis of “today’s prices”, or

(b)a statement that such an explanation is—

(i)provided in a specified annex, or

(ii)available on a website, in which case the statement must include the information listed in regulation 27(2).

14.  Where any illustrations of amount of pension are expressed as a range, an explanation of the extent of variability which the range represents.N.I.

15.  In relation to the information that must be published on a website in accordance with regulation 29A(2) and (2A) (publishing charges and transaction costs and other relevant information)—N.I.

(a)the information specified in sub-paragraphs (a) to (d) of regulation 27(2), and

(b)a statement explaining the circumstances in which the information will be provided on request in hard copy form.

16.  Where the trustees are required to publish a report on a website in accordance with regulation 5 of the Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations (Northern Ireland) 2021(57) (climate change reporting and publication requirements), in relation to the most recent report published—N.I.

(a)the information specified in sub-paragraphs (a) to (d) of regulation 27(2) of these Regulations, and

(b)a statement explaining the circumstances in which the report will be provided on request in hard copy form.

17.  Either—N.I.

(a)a summary of the methods and assumptions used to calculate—

(i)the member’s share of the available assets of the scheme, and

(ii)the member’s future benefit illustrations, or

(b)a statement that such a summary is—

(i)provided in a specified annex, or

(ii)available on a website, in which case the statement must include the information listed in regulation 27(2).

PART 2N.I.Information for active and deferred members

18.  Where the member has reached normal minimum pension age on the illustration date, a statement explaining that the member may request the following information—N.I.

(a)the flexible benefits that may be provided to the member;

(b)the member’s opportunity to transfer flexible benefits, and

(c)the options available to the member under the scheme rules.

PART 3N.I.Information for deferred and pension credit members

19.  An illustration, having regard to the latest actuarial modelling under the scheme, of the amount of any survivor’s benefits, as if these were payable on the illustration date.N.I.

20.  An illustration of the amount of pension, having regard to the latest actuarial modelling under the scheme, that may be payable to the member on their retirement date.N.I.

21.  Either—N.I.

(a)a summary of the method used for calculating any survivor’s benefits, or

(b)a statement that such a summary is—

(i)provided in a specified annex, or

(ii)available on a website, including the information listed in regulation 27(2).

PART 4N.I.Information for active members

22.  The difference between the amount that represents the member’s share of the available assets of the scheme at the illustration date and the amount that represented the member’s share of the available assets of the scheme at the previous year’s illustration date.N.I.

23.  The amount, at the illustration date, of any benefits payable on the death of the member.N.I.

24.  An illustration of the amount of pension, which may be payable to the member at their retirement date if pensionable service were to end on the illustration date, having regard to the latest actuarial modelling under the scheme.N.I.

25.  An illustration of the amount of pension, which may be payable to the member at their retirement date if contributions continue, having regard to the latest actuarial modelling under the scheme.N.I.

26.  A statement that it is assumed the active member will continue to contribute, or a contribution will be made on the member’s behalf, to the scheme until their retirement date.N.I.

27.  A statement as to any assumed salary increases taken into account in calculating the illustration provided in accordance with paragraph 25.N.I.

28.  Either—N.I.

(a)a summary of the method used for calculating the member’s death in service benefits, or

(b)a statement that such a summary is—

(i)provided in a specified annex, or

(ii)available on a website, including the information listed in regulation 27(2).

PART 5N.I.Information for deferred members

29.  The date on which the member became a deferred member.N.I.

30.  A statement that no further contributions are expected to be made to the scheme by, or in respect of, the member after the illustration date.]N.I.

Regulations [F13118A] to 22 and 25(2)

SCHEDULE 7N.I.Information to be given by schemes that relates to accessing benefits [F130and to benefit adjustments]

Textual Amendments

PART 1N.I.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.N.I.

Commencement Information

I134Sch. 7 para. 1 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I135Sch. 7 para. 2 in operation at 6.4.2014, see reg. 1(1)

3.  A statement that different annuities have different features and different rates of payment including annuities that provide—N.I.

(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.

Commencement Information

I136Sch. 7 para. 3 in operation at 6.4.2014, see reg. 1(1)

4.  Either—N.I.

(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.

Commencement Information

I137Sch. 7 para. 4 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I138Sch. 7 para. 5 in operation at 6.4.2014, see reg. 1(1)

PART 2N.I.Information on accessing benefits for members and survivors

6.  The amount of benefit that is payable.N.I.

Commencement Information

I139Sch. 7 para. 6 in operation at 6.4.2014, see reg. 1(1)

[F1326A.  In relation to a collective money purchase scheme, a statement that—N.I.

(a)there is no promise or guarantee as to the rate or amount of benefit provided under the scheme, and

(b)the rate or amount of benefits may fluctuate, which may result in—

(i)reduced benefits before benefit becomes payable;

(ii)reduced benefits after benefit becomes payable.]

Textual Amendments

7.  If benefit is payable periodically—N.I.

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

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

Commencement Information

I140Sch. 7 para. 7 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I141Sch. 7 para. 8 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I142Sch. 7 para. 9 in operation at 6.4.2014, see reg. 1(1)

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 [F133or decreased] and the extent to which such [F134or decreases] are dependent on the exercise of a discretion.N.I.

Textual Amendments

Commencement Information

I143Sch. 7 para. 10 in operation at 6.4.2014, see reg. 1(1)

[F135PART 3N.I.Information to be given to members having an opportunity to transfer flexible benefits

Textual Amendments

11.  A statement that the member has an opportunity to transfer flexible benefits to one or more different pension providers.N.I.

12.  A statement that different pension providers offer different options in relation to what the member can do with the flexible benefits, including the option to select an annuity.N.I.

13.  A statement that different options have different features, different rates of payment, different charges and different tax implications.N.I.

14.  Either—N.I.

(a)a copy of guidance that explains the characteristic features of the options referred to in paragraph 13 that has been prepared or approved by the Regulator, or

(b)a statement that gives materially the same information as that guidance.]

[F136PART 4N.I.Information to be given by collective money purchase schemes about benefit adjustments

Textual Amendments

15.  Where benefit is not yet payable to the person—N.I.

(a)the amount representing the member’s share of the available assets of the scheme;

(b)the period for which that amount applies;

(c)except where information under this paragraph is provided to the person for the first time—

(i)any adjustment to that amount since the previous year, both in monetary terms and as a percentage increase or decrease;

(ii)where applicable, an explanation of why that amount has been adjusted or, as the case may be, remained the same, and

(d)an explanation of when an adjustment in that amount may next occur.

16.  Where benefit is payable to the person—N.I.

(a)the amount of benefit that is payable;

(b)the period for which that amount applies;

(c)except where information under this paragraph is provided to the person for the first time—

(i)any adjustment to the amount of benefit payable from the previous year, both in monetary terms and as a percentage increase or decrease;

(ii)an explanation of why the amount of benefit payable has been adjusted or, as the case may be, remained the same, and

(d)an explanation of when an adjustment in the amount of benefit payable may next occur.

17.  Any rights or options a person may be entitled to exercise in the event of a member or beneficiary dying, and any procedures for exercising those rights or options.N.I.

18.  A statement that there is no promise or guarantee as to the amount of benefit that may be provided under the scheme, that the rate or amount of benefits may fluctuate, and that this may result in reduced benefits.N.I.

19.  A summary of the method and assumptions used to calculate the benefit adjustments.N.I.

20.  The postal and electronic address to which enquiries relating to the information provided in accordance with regulation 22A should be sent.N.I.

21.  The level of the benefit adjustment that should have been applied in accordance with the latest actuarial valuation and the schemes rules.N.I.

22.  The level of the benefit adjustment that was actually applied.N.I.

23.  Where the benefit adjustment that was actually applied was not the adjustment that should have been applied in accordance with the latest actuarial valuation and the schemes rules, any proposed remedial actions.N.I.

24.  A timetable for implementing any remedial actions.N.I.

25.  A statement indicating whether the failure to apply the benefit adjustment in accordance with the scheme rules or (as the case may be) the latest actuarial valuation has resulted in any negative impact on the scheme’s ongoing ability to deliver the pension benefits envisaged under the design of the scheme.N.I.

26.  Where there is a likely negative impact on the scheme’s ongoing ability to deliver the pension benefits envisaged, details of any proposed actions to address the negative impact.N.I.

27.  An explanation of what the trustees will do to ensure benefit adjustments are applied correctly in future.]N.I.

Regulations 23(3), 24(2) and 25(2)

SCHEDULE 8N.I.Information to be given by schemes about winding up

PART 1N.I.Information to be given by occupational pension schemes during winding up

1.  A statement that the scheme is being wound up.N.I.

Commencement Information

I144Sch. 8 para. 1 in operation at 6.4.2014, see reg. 1(1)

2.  The reasons why the scheme is being wound up.N.I.

Commencement Information

I145Sch. 8 para. 2 in operation at 6.4.2014, see reg. 1(1)

3.  Where Article 22(56) 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 23(57) of that Order.N.I.

Commencement Information

I146Sch. 8 para. 3 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I147Sch. 8 para. 4 in operation at 6.4.2014, see reg. 1(1)

5.  A summary of the action that is being taken, and that has been taken, to—N.I.

(a)establish the scheme’s liabilities, and

(b)recover any assets.

Commencement Information

I148Sch. 8 para. 5 in operation at 6.4.2014, see reg. 1(1)

6.  An estimate of when—N.I.

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

(b)any assets are likely to be recovered.

Commencement Information

I149Sch. 8 para. 6 in operation at 6.4.2014, see reg. 1(1)

7.  [F137Except 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.

Textual Amendments

Commencement Information

I150Sch. 8 para. 7 in operation at 6.4.2014, see reg. 1(1)

PART 2N.I.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.N.I.

Commencement Information

I151Sch. 8 para. 8 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I152Sch. 8 para. 9 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I153Sch. 8 para. 10 in operation at 6.4.2014, see reg. 1(1)

PART 3N.I.Information to be given by personal pension schemes after winding up

11.—(1) The amount of—N.I.

(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)[F138where 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) [F139In 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).]

Textual Amendments

Commencement Information

I154Sch. 8 para. 11 in operation at 6.4.2014, see reg. 1(1)

12.  At a date specified by the managers of the scheme—N.I.

(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).

Commencement Information

I155Sch. 8 para. 12 in operation at 6.4.2014, see reg. 1(1)

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

Commencement Information

I156Sch. 8 para. 13 in operation at 6.4.2014, see reg. 1(1)

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.N.I.

Commencement Information

I157Sch. 8 para. 14 in operation at 6.4.2014, see reg. 1(1)

PART 4N.I.Report under Article 72A of the 1995 Order

15.  Where a report has been made to the Regulator under Article 72A(58) of the 1995 Order (reports to Authority about winding up), a copy of that report.N.I.

Commencement Information

I158Sch. 8 para. 15 in operation at 6.4.2014, see reg. 1(1)

PART 5N.I.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.N.I.

Commencement Information

I159Sch. 8 para. 16 in operation at 6.4.2014, see reg. 1(1)

Regulation 31

SCHEDULE 9N.I.Consequential amendments

1.  In the Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991(59)—N.I.

(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)”.

Commencement Information

I160Sch. 9 para. 1 in operation at 6.4.2014, see reg. 1(1)

2.  In regulation 3(3) of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996(62) (notices by employers of intended election)—N.I.

(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.”.

Commencement Information

I161Sch. 9 para. 2 in operation at 6.4.2014, see reg. 1(1)

3.  In regulation 11 of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996(63) (disclosure) after paragraph (6) add—N.I.

“(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).”.

Commencement Information

I162Sch. 9 para. 3 in operation at 6.4.2014, see reg. 1(1)

4.  In the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996(64)—N.I.

(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)”.

Commencement Information

I163Sch. 9 para. 4 in operation at 6.4.2014, see reg. 1(1)

5.  In the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations (Northern Ireland) 1997(65)—N.I.

(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).”;

F140(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I164Sch. 9 para. 5 in operation at 6.4.2014, see reg. 1(1)

6.  In regulation 6(5)(b)(ii) of the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997(67) (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)”.N.I.

Commencement Information

I165Sch. 9 para. 6 in operation at 6.4.2014, see reg. 1(1)

7.  After regulation 10 of the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000(68) (provision of information after receipt of an earmarking order) add—N.I.

“Provision of information – general

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) 2001(69).”.

Commencement Information

I166Sch. 9 para. 7 in operation at 6.4.2014, see reg. 1(1)

8.  In the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000(70)—N.I.

(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)”.

Commencement Information

I167Sch. 9 para. 8 in operation at 6.4.2014, see reg. 1(1)

9.  In the Stakeholder Pension Schemes Regulations (Northern Ireland) 2000(71)—N.I.

(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 Limited(74);”;

(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) 2008(76) (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 18B(77)—

(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—

“Provision of information on a website: supplemental

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 3(78) (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).”.

Commencement Information

I168Sch. 9 para. 9 in operation at 6.4.2014, see reg. 1(1)

10.  In regulation 5A of the Personal Pension Schemes (Payments by Employers) Regulations (Northern Ireland) 2000(79) (the issue of payment statements to an employee) after paragraph (5) add—N.I.

“(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).”.

Commencement Information

I169Sch. 9 para. 10 in operation at 6.4.2014, see reg. 1(1)

11.  In regulation 7 of the Occupational Pension Schemes (Winding Up Notices and Reports, etc.) Regulations (Northern Ireland) 2002(80) (applications to the Authority to modify schemes to secure winding up)—N.I.

(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.”.

Commencement Information

I170Sch. 9 para. 11 in operation at 6.4.2014, see reg. 1(1)

12.  In regulation 13 of the Occupational Pension Schemes (Independent Trustee) Regulations (Northern Ireland) 2005(81) (disclosure requirements and penalty) after paragraph (8) add—N.I.

“(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).”.

Commencement Information

I171Sch. 9 para. 12 in operation at 6.4.2014, see reg. 1(1)

13.  In the Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 2005(82)—N.I.

(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).”.

Commencement Information

I172Sch. 9 para. 13 in operation at 6.4.2014, see reg. 1(1)

14.  In regulation 11 of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006(83) (requirement to provide information) after paragraph (2) add—N.I.

“(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).”.

Commencement Information

I173Sch. 9 para. 14 in operation at 6.4.2014, see reg. 1(1)

15.  In the Occupational Pension Schemes (Payments to Employer) Regulations (Northern Ireland) 2006(84)—N.I.

(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).”.

Commencement Information

I174Sch. 9 para. 15 in operation at 6.4.2014, see reg. 1(1)

16.  In regulation 20 of the Pensions (2008 Act) (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Provisions) Regulations (Northern Ireland) 2012(85) for paragraph (4) (amendment of the Stakeholder Pension Schemes Regulations) substitute—N.I.

“(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).”.

Commencement Information

I175Sch. 9 para. 16 in operation at 6.4.2014, see reg. 1(1)

Regulations 18A to 21

[F141SCHEDULE 9AN.I.Information to be given on the pensions guidance and members’ benefits

Textual Amendments

PART 1N.I.Information on the pensions guidance

1.  A statement that pensions guidance is available to help the person to understand their options in relation to what they can do with their flexible benefits.N.I.

2.  A statement that the pensions guidance may be accessed on the internet, by phone, or face to face.N.I.

3.  The phone number and website address at which the pensions guidance may be accessed and details of how the person may access the pensions guidance face to face.N.I.

4.  A statement that the pensions guidance is free and impartial.N.I.

5.  A statement that the person should access the pensions guidance and consider taking independent advice to help them decide which option is most suitable for them.N.I.

PART 2N.I.Information on members’ benefits

6.  An estimate of the cash equivalent of any of the member’s accrued rights to flexible benefits that—N.I.

(a)are transferrable rights, or

(b)would be transferrable rights if the member stopped accruing rights to some or all of the flexible benefits,

calculated and verified in accordance with regulations 7 to 7E of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996 (manner of calculation and verification of cash equivalents) on the basis that the member stopped accruing, or will stop accruing, those rights on a particular date.

7.  An estimate of the value of any accrued rights to flexible benefits that the member may transfer out of the scheme under the scheme rules, in respect of which an estimate of the cash equivalent is not required to be given under paragraph 6, calculated in accordance with the scheme rules and actuarial assumptions on the date of the calculation.N.I.

8.  The date by reference to which the estimate of the cash equivalent or value (as appropriate) is calculated.N.I.

9.  An explanation that the cash equivalent or value (as appropriate) is an estimate and may not represent the exact amount available to the member to transfer to another pension provider.N.I.

10.  In relation to the member’s accrued rights to flexible benefits in respect of which there is an opportunity to transfer—N.I.

(a)details of any guarantee to which the benefits are subject, and

(b)details of any other features, restrictions and conditions that apply to the benefits that affect, or may affect, their value.

11.  Where the member has a right or entitlement to benefits under the scheme that are not flexible benefits, that the member has that right or entitlement and how the member may access information about those benefits.N.I.

PART 3N.I.Further information

12.  A statement that—N.I.

(a)there may be tax implications associated with accessing the flexible benefits;

(b)income from a pension is taxable, and

(c)the rate at which income from a pension is taxable depends on the amount of income that the person receives from a pension and from other sources.

13.  Where the member has accrued rights to flexible benefits that are not money purchase benefits, has not reached normal pension age and does not satisfy the ill-health condition—N.I.

(a)a statement that the value of the member’s accrued rights to flexible benefits is likely to be lower if the member accesses the benefits before normal pension age, and

(b)the age at which the member will reach normal pension age.]

Regulation 29B(2) and (3)

[F142SCHEDULE 9BN.I.Statements to be published by collective money purchase schemes

Textual Amendments

PART 1N.I.Scheme design statement

1.  A summary of—N.I.

(a)the rate or amount specified in the rules of the scheme by reference to which collective money purchase benefits accrue each year under the scheme;

(b)the rate or amount of contributions paid by the employer;

(c)the rate or amount of contributions paid by the member;

(d)the normal pension age as specified in the rules of the scheme.

2.  A statement that—N.I.

(a)there is no promise or guarantee as to the rate or amount of benefits provided under the scheme, and

(b)the rate or amount of benefits may fluctuate, which may result in—

(i)reduced benefits before benefit becomes payable;

(ii)reduced benefits after benefit becomes payable.

3.  A summary of the rules governing how the rate or amount of benefits provided under the scheme is to be adjusted from time to time, including—N.I.

(a)that annual benefit calculations and any adjustments of the rate or amount of benefits are applied to all the members of the scheme without variation, and

(b)where relevant, an explanation of how any multi-annual reduction permitted under the scheme rules operates and the effect it may have on the rate or amount of benefits provided under the scheme.

4.  An explanation of how the trustees of the scheme will monitor risks to the scheme including potential negative impacts on the rate or amount of benefits provided under the scheme.N.I.

5.  A summary of the procedure that would be followed in the event of the winding up of the scheme.N.I.

PART 2N.I.Valuation and benefit adjustment statement

6.  The name of the scheme to which the statement relates.N.I.

7.  A summary of the results of the latest actuarial valuation of the scheme, based on the latest actuarial valuation report, including any resulting benefit adjustment.N.I.

8.  An explanation of the methods and assumptions used in the latest actuarial valuation.N.I.

9.  The effective date of the latest actuarial valuation to which the explanation in paragraph 8 relates.N.I.

10.  A description of the model used to calculate benefit illustrations for the purpose of annual benefit statements.N.I.

11.  In the case of the first valuation statement for the scheme, an explanation of any changes to the methods and assumptions used in the application for authorisation.N.I.

12.  In the case of all subsequent statements, an explanation of any changes to the actuarial valuation or to the methods and assumptions used in the last statement.N.I.

13.  The name and postal or email address of a person to whom enquiries relating to the information under this Part should be sent.]N.I.

Regulation 32

SCHEDULE 10N.I.Consequential revocations

Commencement Information

I176Sch. 10 in operation at 6.4.2014, see reg. 1(1)

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

EXPLANATORY NOTE

(This note is not part of the Regulations)

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.

(1)

1993 c. 49; section 109 was amended by section 48 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)), paragraph 13 of Schedule 10 to the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I.1)), paragraph 4 of Schedule 5 to the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.)) and paragraph 15 of the Schedule to S.R. 2005 No. 434; section 164 was substituted by Article 151(1) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and subsection (4) was amended by paragraph 22 of Schedule 10 to the Pensions (Northern Ireland) Order 2005; section 178(1) was amended by Parts 3 and 4 of Schedule 5 to the Pensions (Northern Ireland) Order 1995

(2)

S.I. 1995/3213 (N.I. 22); Article 41 was amended by paragraph 10(1) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, paragraph 46 of Schedule 10, and Schedule 11, to the Pensions (Northern Ireland) Order 2005 and paragraph 22 of the Schedule to S.R. 2005 No. 434

(3)

S.I. 1999/3147 (N.I. 11); Article 21(1) was amended by paragraph 108 of Schedule 29 to the Civil Partnership Act 2004 (c. 33)

(4)

See Article 8(b) of S.R. 1999 No. 481

(6)

2001 c. 9 (N.I.); the definition of “electronic communication” in section 4(1) was amended by paragraph 170 of Schedule 17 to the Communications Act 2003 (c. 21)

(7)

The definition of “member” was amended by paragraph 50(2) of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(9)

The Pensions Regulator can be contacted at Napier House, Trafalgar Place, Brighton BN1 4DW or at www.thepensionsregulator.gov.uk

(11)

The Financial Reporting Council can be contacted at 5th Floor, Aldwych House, 71-91 Aldwych, London WC2B 4HN and at www.frc.org.uk

(12)

2004 c. 12; section 153 was amended by paragraphs 2 and 3 of Schedule 10 to the Finance Act 2005 (c. 7)

(14)

See section 1 of the Pension Schemes (Northern Ireland) Act 1993

(15)

S.I. 1972/1073 (N.I. 10); Article 9 was amended by Article 34 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I. 18))

(18)

Article 3 was amended by Article 262(3) of the Pensions (Northern Ireland) Order 2005, Article 16(2) of S.I. 2006/745 and paragraph 37(a) of Schedule 4 to the Pensions Act (Northern Ireland) 2008

(20)

S.R. 2010 No. 122 to which there are amendments not relevant to these Regulations

(21)

Article 4 was amended by paragraph 67 of Schedule 10, and Schedule 11, to the Pensions (Northern Ireland) Order 2005 and paragraph 38 of Schedule 4 to the Pensions Act (Northern Ireland) 2008

(24)

See section 175 of the Pension Schemes (Northern Ireland) Act 1993

(25)

S.R. 1996 No. 621; regulation 2 was amended by paragraph 1 of the Schedule to S.R. 2005 No. 171

(26)

Paragraphs (4) and (5) were added by section 45(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by paragraph 63(3) and (4) of Schedule 10 to the Pensions (Northern Ireland) Order 2005

(28)

1988 c.1; sections 590 and 591 were repealed by Schedule 42 to the Finance Act 2004

(29)

Section 611A was inserted by paragraph 15 of Schedule 6 to the Finance Act 1989 (c. 26) and repealed by Schedule 42 to the Finance Act 2004

(30)

Chapter 4 of Part 14 was repealed by Schedule 42 to the Finance Act 2004

(31)

See section 1 of the Pension Schemes (Northern Ireland) Act 1993

(33)

2004 c. 12; section 153 was amended by paragraphs 2 and 3 of Schedule 10 to the Finance Act 2005

(35)

The Pensions Advisory Service can be contacted at 11 Belgrave Road, London SW1V 1RB or at www.pensionsadvisoryservice.org.uk

(36)

The Pensions Ombudsman is appointed under section 145(2) of the Pension Schemes Act 1993 (c. 48) and can be contacted at 11 Belgrave Road, London SW1V 1RB or at www.pensions-ombudsman.org.uk

(37)

Article 50 was substituted by Article 250 of the Pensions (Northern Ireland) Order 2005

(38)

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

(39)

Article 85 was amended by the paragraph 58 of Schedule 10 to the Pensions (Northern Ireland) Order 2005

(40)

Article 35 was substituted by Article 221 of the Pensions (Northern Ireland) Order 2005

(41)

Article 210A was inserted by regulation 2 of S.R. 2006 No. 297

(42)

Part 4A was inserted by Article 34 of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(43)

Section 93 was amended by paragraph 6 of Schedule 4 to the Pensions (Northern Ireland) Order 1995 and paragraph 5(1) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000. Section 97I was inserted by Article 34 of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(44)

Section 90 was amended by Article 150 of the Pensions (Northern Ireland) Order 1995, paragraph 24 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph 9 of Schedule 10 to the Pensions (Northern Ireland) Order 2005

(45)

Article 35 was substituted Article 221 of the Pensions (Northern Ireland) Order 2005

(46)

Article 40 was amended by paragraph 45 of Schedule 10 to the Pensions (Northern Ireland) Order 2005, Article 152(2) of S.I. 2001/3649 and Article 26 of S.I. 2004/355

(47)

S.R. 2005 No. 569; regulation 13 was amended by regulation 7 of S.R. 2006 No. 141

(48)

Article 37 was substituted by Article 227 of the Pensions (Northern Ireland) Order 2005 and amended by section 105 of the Pensions (No. 2) Act (Northern Ireland) 2008

(49)

The date appointed for the coming into operation of section 13(1) of the Pensions Act (Northern Ireland) 2008 was 6th April 2012

(50)

Section 38A was inserted by Article 134(4) of the Pensions (Northern Ireland) Order 1995 and amended by paragraph 96 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10), paragraph 52 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, paragraph 7 of Schedule 10 to the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 42 of Schedule 1 to the National Insurance Contributions Act 2002 (c. 19), paragraph 17 of Schedule 4 to the Pensions Act (Northern Ireland) 2008, paragraph 11 of Schedule 7 to the Pensions (No. 2) Act (Northern Ireland) 2008 and Article 4(8) of S.R. 2012 No. 124

(51)

S.I. 1986/1888 (N.I. 18); Article 9 was repealed by Part 1 of Schedule 4 to the Pension Schemes (Northern Ireland) Act 1993; see also paragraph 21 of Schedule 5 to that Act

(52)

Section 41 was amended by Article 135(2) to (4) of, and Part 3 of Schedule 5 to, the Pensions (Northern Ireland) Order 1995, paragraph 56 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, paragraph 21 of Schedule 4 to the Pensions Act (Northern Ireland) 2008 and paragraph 12 of Schedule 7 to the Pensions (No. 2) Act (Northern Ireland) 2008

(54)

Section 93 was amended by paragraph 6 of Schedule 4 to the Pensions (Northern Ireland) Order 1995 and paragraph 5(1) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000. Section 97I was inserted by Article 34 of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(55)

S.R. 1987 No. 290; regulations 3 and 4 were substituted by paragraph 1(3) and (4) of Schedule 2 to S.R. 2008 No. 370 and regulation 3 was amended by regulation 2 of S.R. 2008 No. 388

(56)

Article 22 was amended by Article 32(2) of, and paragraph 34 of Schedule 10 to, the Pensions (Northern Ireland) Order 2005 and paragraph 158 of Schedule 1 to S.I. 2009/1941

(57)

Article 23 was substituted by Article 32(3) of the Pensions (Northern Ireland) Order 2005

(58)

Article 72A was inserted by section 45(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by Schedule 11 to the Pensions (Northern Ireland) Order 2005

(59)

S.R. 1991 No. 37; relevant amending provisions are S.R. 1994 No. 300 and S.R. 2012 No. 124

(60)

Paragraph (3) was substituted by paragraph 26(3) of Schedule 2 to S.R. 1994 No. 300

(61)

Regulation 9(6) was amended by paragraph 26(12) of Schedule 2 to S.R. 1994 No. 300 and Article 11 of S.R. 2012 No. 124

(62)

S.R. 1996 No. 493 to which there are amendments not relevant to these Regulations

(63)

S.R. 1996 No. 619; regulation 11(6) was amended by regulation 6 of S.R. 2009 No. 115

(64)

S.R. 1996 No. 621 to which there are amendments not relevant to these Regulations

(65)

S.R. 1997 No. 40; relevant amending Regulations are S.R. 1997 No. 544, S.R. 2005 No. 421 and S.R. 2006 No. 141

(66)

Paragraph (2) was substituted by regulation 2(3)(b) of S.R. 2005 No. 421

(67)

S.R. 1997 No. 159; regulation 6 was amended by paragraph 42 of Schedule 2 to S.R. 2005 No. 433

(68)

S.R. 2000 No. 142 to which there are amendments not relevant to these Regulations

(69)

2001 c. 9 (N.I.); the definition of “electronic communication” in section 4(1) was amended by paragraph 170 of Schedule 17 to the Communications Act 2003 (c. 21)

(70)

S.R. 2000 No. 146 to which there are amendments not relevant to these Regulations

(71)

S.R. 2000 No. 262; relevant amending provisions are S.R. 2002 No. 410, S.R. 2008 No. 365, S.R. 2010 No. 373 and S.R. 2012 Nos. 120 and 294

(72)

The definition of “non-contributing member” was inserted by regulation 4(2)(c) of S.R. 2002 No. 410

(73)

The definition of “relevant guidance” was substituted by paragraph 1 of the Schedule to S.R. 2008 No. 365 and amended by paragraph 7(b) of the Schedule to S.R. 2012 No. 294

(74)

The Financial Reporting Council can be contacted at 5th Floor, Aldwych House, 71-91 Aldwych, London WC2B 4HN and at www.frc.org.uk

(75)

Regulations 18 to 18E were substituted for regulation 18 by regulation 4(6) of S.R. 2010 No. 373

(77)

Regulation 18B was amended by regulation 13(3) of S.R. 2012 No. 120

(78)

Schedule 3 was added by Schedule 1 to S.R. 2010 No. 373 and paragraph 6 was amended by regulation 13(4) of S.R. 2012 No. 120

(79)

S.R. 2000 No. 349; regulation 5A was inserted by regulation 6 of S.R. 2006 No. 141

(80)

S.R. 2002 No. 74 to which there are amendments not relevant to these Regulations

(81)

S.R. 2005 No. 169; regulation 13 was amended by regulation 15 of S.R. 2009 No. 115

(82)

S.R. 2005 No. 171 to which there are amendments not relevant to these Regulations

(83)

S.R. 2006 No. 48 to which there are amendments not relevant to these Regulations

(84)

S.R. 2006 No. 161 to which there are amendments not relevant to these Regulations

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