SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975

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SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 50



50.(1) The provisions of this Article shall apply in respect of any
occupational pension scheme, other than a public service scheme, where

(a)the scheme has ceased to be a contracted-out scheme otherwise than by being
wound up; and

(b)premiums have not been paid under Article 46 in respect of each person
entitled to receive, or having accrued rights to, guaranteed minimum pensions
under the scheme;

(2) The Occupational Pensions Board shall be under a duty to satisfy
themselves from time to time as to

(a)the matters in respect of which they are required to be satisfied for
contracting-out purposes under Articles 42(2) and 43(1); and

(b)the soundness and adequacy of any investments held for the purposes of the
scheme (so far as relevant to the considerations of Article 43(1));

(3) For the purposes of paragraph (2)(a) the Board may (either by way of
enforcement of such conditions as are referred to in Article 43(2) or
otherwise) by order require employers to make such payments to increase the
resources of the scheme or for any other purpose as the Board think expedient
for securing the guaranteed minimum pensions under the scheme; and in the case
of an employer failing to make any payment required by such an order

(a)the Board may make a further order declaring the amount which the employer
has failed to pay to be a debt due from him to the Board and may recover it
from him accordingly; and

(b)any amount so recovered shall be paid over by the Board (on the employer's
behalf) in accordance with the terms of the original order.

(4) In so far as the Board are not satisfied as mentioned in paragraph (2)(b),
they may by order modify the scheme's rules or by order direct the scheme's
trustees or managers to take such steps as the order may specify, in either
case with a view to ensuring that the guaranteed minimum pensions under the
scheme are adequately secured to its beneficiaries, both present and future.

(5) If it appears to the Board that there has been, or is likely to be, a
breach of any rule of the scheme relating to the matters dealt with in
Articles 35 to 43, the Board may take such steps as they think expedient with
a view to remedying or preventing the breach; and for this purpose they may
themselves take any proceedings for enforcement of the rules which would be
open to a person as an actual or prospective beneficiary under the scheme, or
as one of its trustees or managers, or as being otherwise concerned with the
scheme or its benefits, and may assume the conduct of proceedings for
enforcement brought by any such person.

(6) Where the Board are satisfied that the guaranteed minimum pensions under
the scheme are not, and cannot be, adequately secured to its beneficiaries,
they may by order

(a)require the scheme to be wound up in accordance with such directions in
that behalf as may be contained in the order; or

(b)direct the trustees or managers to take such steps for the winding-up of
the scheme as the order may specify;

(7) In relation to a scheme of any prescribed category, the references in
paragraph (3) to employers shall include such persons as may be prescribed as
among those to whom an order of the Board under that paragraph may be directed
in the case of a scheme of that category after it has ceased to be
contracted-out.

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Northern Irish Legislation

SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 50