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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Pension Schemes (Categories) Regulations (Northern Ireland) 2005 No. 413 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050413.html |
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| Made | 1st September 2005 | ||
| Coming into operation in accordance with regulation 1(1) |
(2) In these Regulations, "the 1993 Act" means the Pension Schemes (Northern Ireland) Act 1993.
Prescription of certain pension schemes as occupational pension schemes
2.
—(1) The pension schemes to which this regulation applies are prescribed as occupational pension schemes for the purposes of section 1(1) (categories of pensions schemes) of the 1993 Act.
(2) This regulation applies to a pension scheme—
(b) that has its main administration in the United Kingdom or outside the member States, and
(c) the terms of which provide that each participating employer is a contributor to the scheme.
(3) For the purposes of paragraph (2), "participating employer" means, in relation to a pension scheme, an employer who enters into arrangements (whether before or after the coming into operation of these Regulations) with a view to the provision of benefits under the scheme to people with service in the employment of that employer.
(4) This regulation applies to a pension scheme established pursuant to paragraph 3.2 of Part 7 of Annex 2 to the Agreement set out in Schedule 1 to the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999[4] (agreement establishing implementation bodies: staffing arrangements).
(5) This regulation applies to a scheme which—
and which—
(b) meets the criteria set out in paragraph (a) or (b) of the definition of "public service pension scheme" in section 1(1) of the 1993 Act, or
(c) is established with the concurrence of the Department of Finance and Personnel, by or with the approval of another government department, or
(d) is prescribed by regulations made by the Department and the Department of Finance and Personnel jointly under section 1(1) of the 1993 Act as being a scheme which ought in their opinion to be treated as a public service pension scheme for the purposes of the 1993 Act.
Prescription of certain stakeholder pension schemes as personal pension schemes
3.
A stakeholder pension scheme—
shall be treated for all purposes as a personal pension scheme.
Sealed with the Official Seal of the Department for Social Development on
1st September 2005.
L.S.
D. A. Baker
A senior officer of the Department for Social Development
Regulation 3 provides that a stakeholder pension scheme established under a trust, where the provisions of the scheme do not require the employer of any member of the scheme to make contributions to it, is to be treated as a personal pension scheme.
Section 1(1) of the 1993 Act, one of the enabling provisions under which these Regulations are made, was amended by Article 216 of the Pensions (Northern Ireland) Order 2005 ("the Order"). Article 216 of the Order was brought into operation for the purpose of making regulations on 1st July 2005 and for other purposes on 22nd September 2005 and 6th April 2006 by the Pensions (2005 Order) (Commencement No. 5 and Appointed Day) Order (Northern Ireland) 2005 (S.R. 2005 No. 321 (C. 24)).
[2] S.I. 1999/3147 (N.I. 11); Article 9(2) is amended by paragraph 68 of Schedule 10 to the Pensions (Northern Ireland) Order 2005back
[3] See Article 8(b) of S.R. 1999 No. 481back
