S.I. No. 470/2000 - Occupational Pension Schemes (Schemes With External Members) (United Kingdom) Regulations, 2000.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by section 5 and section 5A of the Pensions Act, 1990 (No. 25 of 1990), hereby makes the following Regulations:-

Citation and Commencement

1. (1) These Regulations may be cited as the Occupational Pension Schemes (Schemes with External Members) (United Kingdom) Regulations, 2000.

(2) These Regulations shall come into operation on the 31^st day of December, 2000.

Definitions

2.       In these Regulations:-

“the Act” means the Pensions Act, 1990 (No. 25 of 1990);

“the Disclosure Regulations” means the Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations, 1998 ( S.I. No. 349 of 1998 );

“the Funding Standard Regulations” means the Occupational Pension Schemes (Funding Standard) Regulations, 1993 ( S.I. No. 419 of 1993 );

“qualifying Irish scheme” means a scheme which is under:-

(a)      the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000 of the United Kingdom, or

(b)      the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000 of Northern Ireland,

exempt from specified provisions of UK law;

“the Registration Regulations” means the Occupational Pension Schemes (Registration) Regulations, 1991 ( S.I. No. 325 of 1991 );

“UK benefits” means benefits payable under the rules of a scheme which relate to a period of UK pensionable service, including

(a)      additional benefit to which a member is entitled by virtue of the payment while in UK pensionable service, of additional voluntary contributions, and

(b)      additional benefit granted in respect of a transfer, made while the member concerned is in UK pensionable service, of accrued rights from another pension arrangement;

“UK law” means the law of England and Wales, or of Scotland, or of Northern Ireland, as the case may be;

“UK member” means an external member of a qualifying Irish scheme who remains entitled to any benefit under that scheme in respect of a period of service whilst employed in the United Kingdom;

“UK pensionable service” means pensionable service within the meaning of section 70(2) of the Pension Schemes Act 1993 of the United Kingdom or section 66(2) of the Pension Schemes (Northern Ireland) Act 1993 of Northern Ireland.

General Provision as to application of Act to UK members

3.       Except to the extent that separate and distinct provision is made for members and for UK members by these Regulations, references of throughout the Act and any regulations made thereunder to members shall be construed as including UK members.

Application of Part III of the Act

4.       Part III of, and the Second Schedule to, the Act shall apply to a qualifying Irish scheme with and subject to the modifications that:-

(a)      in relation to any long service benefit accrued in respect of a period of UK pensionable service given by a UK member whose pensionable service is terminated after the commencement of these Regulations (including

(i)       additional long service benefit to which a member is entitled by virtue of the payment, while in UK pensionable service, of additional voluntary contributions, and

(ii)      additional long service benefit granted in respect of a transfer, made while the member concerned is in UK pensionable service, of accrued rights from another pension arrangement),

the scheme shall provide a preserved benefit, and revaluation thereon, in accordance with the requirements which would apply under UK law to an occupational pension scheme within the meaning of the Pension Schemes Act, 1993 of the United Kingdom, and

(b)      in relation to a UK member of a qualifying Irish scheme whose pension commences to be paid after the commencement of these Regulations, the scheme shall, in relation to any long service benefit accrued in respect of a period of UK pensionable service given by that member (including

(i)       additional long service benefit to which a member is entitled by virtue of the payment, while in UK pensionable service, of additional voluntary contributions, and

(ii)      additional long service benefit granted in respect of a transfer, made while the member concerned is in UK pensionable service, of accrued rights from another pension arrangement),

provide an increase annually in the annual rate of the member's pension in accordance with the requirements which would apply under UK law to an occupational pension scheme within the meaning of the Pension Schemes Act 1993 of the United Kingdom.

Application of Part IV of the Act

5.       Part IV of, and the Third Schedule to, the Act and the Funding Standard Regulations shall apply to a qualifying Irish scheme with and subject to the following modifications:-

(a)      notwithstanding section 44, a qualifying Irish scheme shall satisfy the funding standard if, in the opinion of the actuary, the resources of the scheme at the effective date of the actuarial funding certificate would have been sufficient, if the scheme had been wound up on that date, to provide for:-

(i)       liabilities of the scheme consisting of:

(A)     the benefits, other than UK benefits, referred to in section 44(a) of the Act, and

(B)     the UK benefits referred to in section 44(a) of the Act or, if greater, the benefits which a scheme governed by UK law would be required to provide in respect of the UK members, and

(ii)      the estimated expenses of administering the winding-up of the scheme, and

(b)     notwithstanding section 48(1)(a) of the Act, in applying the resources of a qualifying Irish scheme which has been wound up after 1^st day of January, 1997 the trustees shall discharge the liabilities of the scheme for the following benefits in the following order-

(i)       firstly, the benefits (including UK benefits) specified in paragraph 1 of the Third Schedule to or in respect of those persons, who, at the date of the winding up, were within the categories referred to in that paragraph, to the extent that they are not already discharged, and

(ii)      secondly, the benefits (including UK benefits) specified in paragraphs 2 and 3 of the Third Schedule to or in respect of those members of the scheme who, at the date of the winding up, were within the categories referred to in those paragraphs, or, if greater, the benefits which a scheme governed by UK law would be required to provide in respect of the UK members who, at the date of the wind-up, were within the categories referred to in that paragraph, to the extent in each case that they are not already discharged,

before discharging the liabilities of the scheme for other benefits.

Application of Part V of the Act

6.       Part V of the Act and the Disclosure Regulations shall apply to a qualifying Irish scheme with and subject to the modification that:-

(a)      in the case of a qualifying Irish scheme:-

(i)        section 56(1)(b) of the Act, and

(ii)       article 5(2)(a) of the Disclosure Regulations

are hereby amended by the insertion after the words “resources and liabilities of the scheme” of the words “(including the benefits in respect of UK members which the scheme is required to provide under the Occupational Pension Schemes (Schemes with External Members) (United Kingdom) Regulations, 2000)”, and

(b)      references in the Disclosure Regulations to preserved benefit shall, in respect of a UK member be construed as including preserved benefit in respect of UK pensionable service as provided for in article 4 of these Regulations.

Registration Regulations

7.       The Registration Regulations are amended by:-

(a)     the insertion of the following article after article 4:-

“5.     (1)     The trustees of a qualifying Irish scheme shall notify the Board, in such form provided or approved by it, not later than

(a)     in case the scheme commenced to be a qualifying Irish scheme before the commencement of the Occupational Pension Schemes (Schemes with External Members) (United Kingdom) Regulations, 2000, 12 months after the commencement of those Regulations, and

(b)     in case the scheme commenced to be a qualifying Irish scheme on or after the commencement of the Occupational Pension Schemes (Schemes with External Members) (United Kingdom) Regulations, 2000, 12 months after the scheme commenced to be a qualifying Irish scheme

of the fact that the scheme is a qualifying Irish scheme within the meaning of those Regulations.

(2)     Where, after the commencement of the Occupational Pension Schemes (Schemes With External Members) (United Kingdom) Regulations, 2000, a scheme ceases to be a qualifying Irish scheme, the trustees of the scheme shall notify the Board of that fact, in a form provided or approved by it, within 12 months of such cessation or within such shorter period as the Board may decide.”, and

(b)     the insertion of the following definition in article 2 after the definition of “frozen scheme”:-

““qualifying Irish scheme” has the meaning assigned to it in the Occupational Pension Schemes (Schemes with External Members) (United Kingdom) Regulations, 2000”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations extend the protections of the Pensions Act, 1990 to UK members of qualifying Irish schemes (i.e, Irish schemes as defined in the relevant UK exempting regulations). The regulations also require qualifying Irish schemes to give UK statutory entitlements to their UK members in respect of UK pensionable service.