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	Statutory Rules of Northern Ireland
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"salary related occupational pension scheme" shall be construed in accordance with section 89(1A) of the Act[4].

Meaning of "the actuary"
     2. The qualifications prescribed for the purposes of paragraph (b)(i) of the definition of "the actuary" in Article 19(10) of the Order (freezing orders) are -

(a) Fellowship of the Institute of Actuaries, or

(b) Fellowship of the Faculty of Actuaries.

Modification of the Act
     3.  - (1) This regulation applies where, in relation to a salary related occupational pension scheme -

(a) the trustees or managers are required to act in accordance with subsection (2) of section 95 of the Act[5] (trustees' duties after exercise of cash equivalent option) within whichever of the time limits set out in paragraph (a) of that subsection is applicable ("the relevant period"), and

(b) at any time during the relevant period there is a freezing order in effect, which is made in accordance with Article 19 of the Order and which contains a direction under paragraph (4)(f) of that Article that affects the application referred to in section 95(2) of the Act.

    (2) Where this regulation applies, section 95(2) of the Act shall have effect as if for paragraph (a) there were substituted -

" (a) in the case of a member of a salary related occupational pension scheme -


(i) by the date which is the last day of the period of 6 months beginning immediately after the guarantee date, or (if earlier) by the date on which the member attains normal pension age, or

(ii) (if later than the date arrived at under sub-paragraph (i)) where a freezing order made under Article 19 of the Pensions (Northern Ireland) Order 2005 which contains a direction under paragraph (4)(f) of that Article is in effect prior to the date arrived at under sub-paragraph (i) in relation to that scheme, within 3 months beginning with the date on which that direction ceases to have effect;".

Amendment of the Occupational Pension Schemes (Transfer Values) Regulations
     4.  - (1) The Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996[6] shall be amended in accordance with the following paragraphs.

    (2) In regulation 6 (guaranteed statements of entitlement) -

(a) at the beginning of paragraph (1) there shall be inserted "Subject to paragraph (1A),", and

(b) after paragraph (1) there shall be inserted -

    " (1A) Where a relevant scheme has received an application, the guarantee date must be either -


(a) within the period, or, where applicable, the longer period, set out in paragraph (1); or

(b) within a period of 3 months beginning on the date on which the relevant direction ceases to have effect,



whichever ends later.

    (1B) In paragraph (1A) -



"application" means an application for a statement of entitlement made under section 89A(1) (salary related schemes: right to statement of entitlement);
"relevant scheme" means a scheme which either -
(a) is the subject of a freezing order made under Article 19 of the Pensions (Northern Ireland) Order 2005 containing a relevant direction on the date it receives the application; or

(b) becomes the subject of such a freezing order during the period, or, where applicable, the longer period set out in paragraph (1); and


"relevant direction" means a direction under Article 19(4)(g) of the Pensions (Northern Ireland) Order 2005.".

    (3) In regulation 13 (extension of time limits for payment of cash equivalents) -

(a) the word "or" at the end of paragraph (b) shall be omitted;

(b) after paragraph (b) there shall be inserted -


" (ba) the scheme is or has been within the 3 months immediately before the end of that period the subject of a freezing order under Article 19 of the Pensions (Northern Ireland) Order 2005 which contains a direction under Article 19(4)(f) of that Order; or", and



(c) in paragraph (c) for "paragraph (a) or (b)" there shall be substituted "paragraph (a), (b) or (ba)".

Prescribed period for notification of non-payment of contribution
     5. The period prescribed for the purposes of Article 26(7)(c) of the Order (period within which trustees or managers must give notice to the Regulator and to the member of failure to pay a contribution) is -

(a) in the case of notice to the Regulator, 7 days, and

(b) in the case of notice to the member, 14 days.

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


15th March 2005.

L.S.

John O'Neill
A senior officer of the Department for Social Development

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

[3] S.I. 2005/255 (N.I. 1); see paragraph (b)(i) of the definition of "the actuary" in Article 19(10)back

[4] Section 89(1A) was inserted by Article 148(3) of the Pensions (Northern Ireland) Order 1995back

[5] Subsection (2) was substituted by paragraph 8(a) of Schedule 4 to the Pensions (Northern Ireland) Order 1995back

[6] S.R. 1996 No. 619, to which there are amendments not relevant to these Regulationsback

 © Crown copyright 2005