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2002 No. 410

PENSIONS

The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2002

  Made 31st December 2002 
  Coming into operation 6th April 2003 

The Department for Social Development, in exercise of the powers conferred by sections 109, 177(2) to (4) and 178(1) of the Pension Schemes (Northern Ireland) Act 1993[1] and Article 3(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999[2], and now vested in it[3], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on 6th April 2003.

    (2) The Interpretation Act (Northern Ireland) 1954[
4] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations
     2.  - (1) The Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987[5] shall be amended in accordance with paragraphs (2) to (4).

    (2) In regulation 1(2) (interpretation)-

    (3) In regulation 5 (information to be made available to individuals)-

    (4) In Schedule 2 (information to be made available to individuals) after paragraph 2 there shall be inserted the following paragraph-

Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations
     3.  - (1) The Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997[15] shall be amended in accordance with paragraphs (2) to (4).

    (2) In regulation 1(2) (interpretation)-

    (3) In regulation 5 (information to be made available to individuals)-

    (4) In Schedule 2 (information to be made available to individuals) after paragraph 6 there shall be inserted the following paragraph-

Amendment of the Stakeholder Pension Schemes Regulations
     4.  - (1) The Stakeholder Pension Schemes Regulations (Northern Ireland) 2000[22] shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 1(3) (interpretation)-

    (3) In regulation 18 (disclosure of information to members)-

Revocation
     5. Regulation 5(3)(b) of the Pension Sharing (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2000[27] is hereby revoked.



Sealed with the Official Seal of the Department for Social Development on


31st December 2002.

L.S.


John O'Neill
Senior Officer of the Department for Social Development


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations amend the Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987 ("the 1987 Regulations"), the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997 ("the 1997 Regulations") and the Stakeholder Pension Schemes Regulations (Northern Ireland) 2000 ("the 2000 Regulations") following the amendment of section 109 of the Pension Schemes (Northern Ireland) Act 1993 ("the 1993 Act") by section 48 (in part) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.

The effect of these amendments is that the information which has to be sent to members of schemes with money purchase benefits must include an illustration of the amount of future pension that might become payable under the scheme. The amount is to be determined by reference to guidance.

Regulation 1 provides for citation, commencement and interpretation.

Regulation 2 amends the 1987 Regulations. Regulation 2(1) introduces the amendments.

Regulation 2(2) amends regulation 1(2) by inserting definitions of "contracted-out employment", "illustration date", "non-contributing member", "relevant guidance" and "retirement date". The relevant guidance means the document entitled "Technical Memorandum TM1: Statutory Money Purchase Illustrations" which is published by the Faculty of Actuaries and the Institute of Actuaries. Copies may be obtained from the Faculty and Institute of Actuaries' website on www.actuaries.org.uk or by writing to the Institute of Actuaries, Staple Inn Hall, High Holborn, London WC1V 7QJ.

Regulation 2(3)(a) amends regulation 5(2) to provide for the requirement to furnish the information mentioned in inserted paragraph 2A of Schedule 2. Regulation 2(3)(b) inserts paragraphs (2A) and (2B) into regulation 5. Paragraph (2A) sets out the circumstances where the requirement to furnish the information does not apply. Paragraph (2B) covers the situation where the trustees choose to furnish the information voluntarily.

Regulation 2(4) inserts paragraph 2A into Schedule 2. Under sub-paragraph (1) the information to be sent to the member is an illustration of the amount of the pension an entitlement to which would be likely to accrue to him, or be capable of being secured by him, at his retirement date in respect of rights that may arise under the scheme. Sub-paragraph (2) describes how the amount is to be determined, with particular reference to the assumptions about contributions in sub-paragraph (3) and about annuities in sub-paragraphs (4) and (5). Sub-paragraph (6) lists the additional information which is to accompany the illustration.

Regulation 3 introduces similar requirements in relation to occupational pensions by means of amendments to regulations 1(2) and 5 of, and Schedule 2 to, the 1997 Regulations.

Regulation 4 introduces similar requirements in relation to stakeholder pensions by means of amendments to regulations 1(3) and 18 of the 2000 Regulations.

Regulation 5 contains a consequential revocation.

An assessment of the cost to business of these Regulations is detailed in a Regulatory Impact Assessment, copies of which have 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, Room 5, Block 5, Stormont Estate, Upper Newtownards Road, Belfast BT4 3SJ.


Notes:

[1] 1993 c. 49; section 109(1) was amended, and subsection (3A) was inserted, by section 48 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); section 178(1) was amended by Parts III and IV of Schedule 5 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))back

[2] S.I. 1999/3147 (N.I. 11)back

[3] See Article 8(b) of S.R. 1999 No. 481back

[4] 1954 c. 33 (N.I.)back

[5] S.R. 1987 No. 288; relevant amending regulations are S.R. 1992 No. 304, S.R. 1994 No. 300, S.R. 1996 Nos. 95 and 508 and S.R. 2000 No. 335back

[6] Definition of "the Act" was inserted into regulation 1(2) by paragraph 13(2)(a) of Schedule 2 to S.R. 1994 No. 300; section 4 was amended by Article 133(2) of, and paragraphs 14(a) and 16 of Schedule 3 to, the Pensions (Northern Ireland) Order 1995, paragraph 94 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and paragraph 37 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back

[7] Definition of "excluded person" was inserted by regulation 18(a) of S.R. 1992 No. 304back

[8] Definition of "member" was amended by regulation 2(2)(a) of S.R. 2000 No. 335back

[9] Definition of "pensionable age" was inserted by regulation 3(2) of S.R. 1996 No. 95back

[10] The Faculty of Actuaries is at Maclaurin House, 18 Dublin Street, Edinburgh EH1 3PP. The Institute of Actuaries is at Staple Inn Hall, High Holborn, London WC1V 7QJback

[11] Paragraph (2) was amended by regulation 20(a) of S.R. 1992 No. 304 and regulation 2(2) of S.R. 1996 No. 508back

[12] Definition of "pension credit" was inserted into regulation 1(2) by regulation 2(2)(b) of S.R. 2000 No. 335back

[13] 1988 c. 1; sections 639 to 646A were amended by Part VIII of Schedule 14 to the Finance Act 1988 (c. 39) (see also note 6 of that Part), paragraphs 3 to 8 of Schedule 7 to the Finance Act 1989 (c. 26), paragraph 8(29) of Schedule 1 to the Capital Allowances Act 1990 (c. 1) (see also section 164(3) of that Act), section 107(6) of the Finance Act 1993 (c. 34) (see also subsection (8) of that section), paragraphs 10 and 11 of Schedule 11 to the Finance Act 1995 (c. 4) (see also section 58 of that Act), paragraph 15 of Schedule 10 to the Finance Act 1999 (c. 16), paragraphs 15, 16, 18, 20 and 21 of Schedule 13 and Part II(4) of Schedule 40 to the Finance Act 2000 (c. 17) (see also notes 3 and 4 of that Part), paragraph 54 of Schedule 2 to the Capital Allowances Act 2001 (c. 2) and paragraph 14 of Schedule 2 to the Finance Act 2001 (c. 9) (see also section 57(3) and (4) of that Act)back

[14] Section 39 was amended by paragraph 34 of Schedule 3 to the Pensions (Northern Ireland) Order 1995 and paragraph 54 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999back

[15] S.R. 1997 No. 98; relevant amending regulations are S.R. 1999 No. 486 and S.R. 2000 Nos. 262 and 335back

[16] Definition of "member" in Article 121(1) of the Pensions (Northern Ireland) Order 1995 was amended by paragraph 50(2) of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (see also paragraph 50(3) of that Schedule and paragraph 5(3) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000)back

[17] Paragraph (5) was amended by regulation 13(2) of S.R. 1999 No. 486, regulation 31(4)(a) of S.R. 2000 No. 262 and regulation 5(3)(b) of S.R. 2000 No. 335back

[18] Paragraph 6AA was inserted by regulation 5(4)(b) of S.R. 2000 No. 335back

[19] Definition of "pension credit" was inserted into regulation 1(2) by regulation 5(2)(c) of S.R. 2000 No. 335back

[20] Sections 592 to 594 were amended by paragraphs 5 and 6 of Schedule 6 to the Finance Act 1989 (see also paragraph 18(1) and (4) of that Schedule) and sections 107(6) and 112(1) and (6) of the Finance Act 1993 (see also sections 107(8) and 112(2) to (5) of that Act)back

[21] Section 38A was inserted by Article 134(4) of the Pensions (Northern Ireland) Order 1995 and subsection (3) was amended by paragraph 52(2) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999back

[22] S.R. 2000 No. 262; relevant amending regulations are S.R. 2001 No. 119back

[23] Definition of "dilution levy" was inserted by regulation 2(3)(a) of S.R. 2001 No. 119back

[24] Paragraph (2) was substituted by regulation 13(2) of S.R. 2001 No. 119back

[25] Paragraph (5)(b) was substituted by regulation 13(7)(b) of S.R. 2001 No. 119back

[26] Paragraph (5A) was inserted by regulation 13(8) of S.R. 2001 No. 119back

[27] S.R. 2000 No. 335back



ISBN 0 33794527 6


  © Crown copyright 2002

Prepared 13 January 2003


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