The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2002 © Crown Copyright 2002 Statutory Rules of Northern Ireland printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Government Printer for Northern Ireland. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Government Printer for Northern Ireland imprints which should be removed from any copies of the Statutory Rule which are issued or made available to the public. This includes reproduction of the Statutory Rule on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Rule which is published by the Government Printer for Northern Ireland has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2002, ISBN 0 33794527 6. The print version may be purchased by clicking here. Braille copies of this Statutory Rule can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
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)-
(b) is for the time being approved by the Department;
(b) where no acceptable date has been specified for that purpose, the date specified by the trustees as being the appropriate date for the purpose of paragraph 2A(1) of Schedule 2;".
(3) In regulation 5 (information to be made available to individuals)-
(b) after paragraph (2) there shall be inserted the following paragraphs-
(b) where the specified date referred to in paragraph 2(1) of Schedule 2 is not more than 2 years before the member's retirement date; (c) where, in relation to the member-
(ii) no contributions, including transfers of pension rights or pension credits[12], have been made to the scheme by him or on his behalf in respect of money purchase benefits since that date, and (iii) the trustees previously gave notice to the member that no further such information would be furnished to him unless further contributions to the scheme in respect of money purchase benefits had first been made by him or on his behalf;
(d) where, in relation to the member-
(ii) no contributions, including transfers of pension rights or pension credits, have been made to the scheme by him or on his behalf after 5th April 2003, and (iii) no further contributions are, in the opinion of the trustees, likely to be made to the scheme by him or on his behalf after that illustration date; or
(e) where the specified date referred to in paragraph 2(1) of Schedule 2 is before 6th April 2003.
(2B) Where paragraph (2A) applies but the trustees of the scheme nevertheless choose to furnish the information described in paragraph 2A(1) of Schedule 2 and the amount comprising that information is calculated in accordance with sub-paragraphs (2) to (5) of that paragraph, that information shall be accompanied by the additional information specified in sub-paragraph (6)(a) and (c) to (k) of that paragraph as if the information had been provided under sub-paragraph (1) of that paragraph.".
(4) In Schedule 2 (information to be made available to individuals) after paragraph 2 there shall be inserted the following paragraph-
(2) The amount referred to in sub-paragraph (1) shall be determined by reference to-
(b) the assumptions about contributions specified in sub-paragraph (3) and about annuities specified in sub-paragraphs (4) and (5), and such other assumptions as may be specified for the purpose in the relevant guidance,
having regard to the value of the member's accrued rights to money purchase benefits under the scheme on the illustration date.
(b) in any other case, that, until the member's retirement date-
(ii) the treatment of the scheme under sections 639 to 646A of the Income and Corporation Taxes Act 1988[13] (tax reliefs) as for the time being in force will continue, and (iii) where a member is in contracted-out employment, sums will continue to be paid by the Commissioners of Inland Revenue in respect of him under section 39 of the Act[14] (payment of minimum contributions to personal pension schemes) in the amounts to be determined by reference to the relevant guidance.
(4) The assumptions about annuities referred to in sub-paragraph (2)(b) are-
(b) that, subject to sub-paragraph (5), irrespective of whether or not the member is married at the time when the information referred to in sub-paragraph (1) is furnished, the annuity will include provision for the payment, to a surviving spouse of the member, of a pension of an amount equal to one half of the pension which was payable to him immediately before his death.
(5) Sub-paragraph (4)(b) does not apply where-
(b) the trustees and the member agree to use a different assumption.
(6) The additional information which is to accompany the information provided under sub-paragraph (1) is-
(ii) does not represent any promise or guarantee as to the amount of benefit which may be receivable by the member or a beneficiary under the scheme, and (iii) should not be regarded as the only consideration by reference to which the member should make decisions as to his pension arrangements;
(b) a statement to the effect that the provision of the information mentioned in sub-paragraph (1) is required by law;
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations
(b) is for the time being approved by the Department;";
(d) after the definition of "request" there shall be inserted the following definition -
(b) where no acceptable date has been specified for that purpose, the date specified by the trustees as being the appropriate date for the purpose of paragraph 6ZA(1) of Schedule 2;".
(3) In regulation 5 (information to be made available to individuals)-
(ii) for ", paragraphs 5, 6 and 6AA" there shall be substituted "paragraphs 5 to 6AA[18]";
(b) after paragraph (5) there shall be inserted the following paragraphs-
(b) where the specified date referred to in paragraph 6(1)(b) of Schedule 2 is not more than 2 years before the member's retirement date; (c) where, in relation to the member-
(ii) no contributions, including transfers of pension rights or pension credits[19], have been made to the scheme by him or on his behalf in respect of money purchase benefits since that date; and (iii) the trustees previously gave notice to the member that no further such information would be furnished to him unless further contributions to the scheme in respect of money purchase benefits had first been made by him or on his behalf;
(d) where, in relation to the member-
(ii) no contributions, including transfers of pension rights or pension credits, have been made to the scheme by him or on his behalf after 5th April 2003; and (iii) no further contributions are, in the opinion of the trustees, likely to be made to the scheme by him or on his behalf after that illustration date;
(e) where-
(ii) in the opinion of the trustees, the benefit calculated in accordance with a money purchase formula is not likely to affect the pension payable; or
(f) where the specified date referred to in paragraph 6(1)(b) of Schedule 2 is before 6th April 2003.
(5ZB) For the purposes of paragraph (5ZA), a scheme which provides additional money purchase benefits by virtue of the payment by the member of voluntary contributions shall be regarded as a separate scheme from any other part of that scheme.
(4) In Schedule 2 (information to be made available to individuals) after paragraph 6 there shall be inserted the following paragraph-
(2) The amount referred to in sub-paragraph (1) shall be determined by reference to-
(b) the assumptions about contributions specified in sub-paragraph (3) and about annuities specified in sub-paragraphs (4) and (5), and such other assumptions as may be specified for the purpose in the relevant guidance,
having regard to the value of the member's accrued rights to money purchase benefits under the scheme on the illustration date.
(b) where the calculation relates to the rights of a member who is in pensionable service under the scheme, that, until the member's retirement date-
(ii) the treatment of the scheme under sections 592 to 594[20] or, as the case may be, 639 to 646A of the Income and Corporation Taxes Act 1988 (tax reliefs) as for the time being in force will continue; and (iii) where a member is in contracted-out employment, sums will continue to be paid by the Commissioners of Inland Revenue in respect of him under section 38A(3)[21] (which deals with age-related payments made to the scheme) in the amounts to be determined by reference to the relevant guidance.
(4) The assumptions about annuities referred to in sub-paragraph (2)(b) are-
(b) that, subject to sub-paragraph (5), irrespective of whether or not the member is married at the time when the information referred to in sub-paragraph (1) is furnished, the annuity will include provision for the payment, to a surviving spouse of the member, of a pension of an amount equal to one half of the pension which was payable to him immediately before his death.
(5) Sub-paragraph (4)(b) does not apply where-
(b) the trustees and the member agree to use a different assumption.
(6) The additional information which is to accompany the information provided under sub-paragraph (1) is-
(ii) does not represent any promise or guarantee as to the amount of benefit which may be receivable by the member or a beneficiary under the scheme; and (iii) should not be regarded as the only consideration by reference to which the member should make decisions as to his pension arrangements;
(b) a statement to the effect that the provision of the information mentioned in sub-paragraph (1) is required by law;
Amendment of the Stakeholder Pension Schemes Regulations
(b) in relation to a personal pension scheme, a member in respect of whom no further contributions to the scheme are due or expected after the illustration date;";
(d) after the definition of "qualifying scheme" there shall be inserted the following definition-
(b) is for the time being approved by the Department;";
(e) after the definition of "reporting accountant" there shall be inserted the following definition-
(b) where no acceptable date has been specified for that purpose, the date specified by the trustees or manager as being the appropriate date for the purpose of regulation 18(5B);".
(3) In regulation 18 (disclosure of information to members)-
(2B) The requirement under paragraph (2A) to furnish the information mentioned in paragraph (5B) shall not apply-
(b) where the last day of the statement year referred to in paragraph (5)(b)(i)[25] is not more than 2 years before the member's retirement date; (c) where, in relation to the member-
(ii) no contributions, including transfers of pension rights or pension credits, have been made to the scheme by him or on his behalf in respect of money purchase benefits since that date, and (iii) the trustees or manager previously gave notice to the member that no further such information would be furnished to him unless further contributions to the scheme in respect of money purchase benefits had first been made by him or on his behalf;
(d) where, in relation to the member-
(ii) no contributions, including transfers of pension rights or pension credits, have been made to the scheme by him or on his behalf after 5th April 2003, and (iii) no further contributions are, in the opinion of the trustees or manager, likely to be made to the scheme by him or on his behalf after that illustration date, or
(e) where the last day of the statement year referred to in paragraph (5)(b)(i) is before 6th April 2003.
(2C) Where paragraph (2B) applies but the trustees or manager of the scheme nevertheless choose to furnish the information described in paragraph (5B) and the amount comprising that information is calculated in accordance with paragraphs (5C) to (5F), that information shall be accompanied by the additional information specified in paragraph (5G)(a) and (c) to (k) as if the information had been provided under paragraph (5B).";
(5C) The amount referred to in paragraph (5B) shall be determined by reference to-
(b) the assumptions about contributions specified in paragraph (5D) and about annuities specified in paragraphs (5E) and (5F), and such other assumptions as may be specified for the purpose in the relevant guidance,
having regard to the value of the member's accrued rights to money purchase benefits under the scheme on the illustration date.
(b) in any other case, that, until the member's retirement date-
(ii) the treatment of the scheme under sections 639 to 646A of the Income and Corporation Taxes Act 1988 (tax reliefs) as for the time being in force will continue, and (iii) where a member is in contracted-out employment, sums will continue to be paid by the Inland Revenue in respect of him under section 38A(3) (which deals with age-related payments made to the scheme) or, as the case may be, section 39 (payment of minimum contributions to personal pension schemes) in the amounts to be determined by reference to the relevant guidance.
(5E) The assumptions about annuities referred to in paragraph (5C)(b) are-
(b) that, subject to paragraph (5F), irrespective of whether or not the member is married at the time when the information referred to in paragraph (5B) is furnished, the annuity will include provision for the payment, to a surviving spouse of the member, of a pension of an amount equal to one half of the pension which was payable to him immediately before his death.
(5F) Paragraph (5E)(b) does not apply where -
(b) the trustees or manager and the member agree to use a different assumption.
(5G) The additional information which is to accompany the information provided under paragraph (5B) is-
(ii) does not represent any promise or guarantee as to the amount of benefit which may be receivable by the member or a beneficiary under the scheme, and (iii) should not be regarded as the only consideration by reference to which the member should make decisions as to his pension arrangements;
(b) a statement to the effect that the provision of the information mentioned in paragraph (5B) is required by law;
Revocation
(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 [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
ISBN 0 33794527 6
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