UK Act of Parliament 2008 Northern Ireland

Pensions (No. 2) Act (Northern Ireland) 2008

Enforced by
TPR
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 2 of 23 obligations carry up to 2 years imprisonment. 4 carry different penalties and 17 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Employer9 Any Person6 Applicant1

Plus 7 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts
Any Person — also bound by 2340 other Acts
Applicant — also bound by 307 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS

16 of 82 sections shown
s.002 Continuity of scheme membership (opens in a new tab) Regulated
  • Do not cause jobholder to lose pension scheme membership without valid reasonEmployer
s.003 Automatic enrolment (opens in a new tab) Regulated
  • Automatically enrol eligible workers into a pension schemeEmployer
s.004 Postponement or disapplication of automatic enrolment (opens in a new tab) Regulated
  • Give notice to postpone automatic pension enrolment (up to 3 months)Employer
s.005 Automatic re-enrolment (opens in a new tab) Regulated
  • Automatically re-enrol eligible workers into a pension schemeEmployer
s.006 Timing of automatic re-enrolment (opens in a new tab) Regulated
  • Re-enrol eligible staff into pension every 3 yearsEmployer
s.008 Jobholder's right to opt out (opens in a new tab) Regulated
  • Allow jobholders to opt out of automatic enrolment and refund contributionsEmployer
s.020 Quality requirement: (opens in a new tab) Regulated
  • Pay minimum employer pension contributions of 3%Employer
s.024 Quality requirement: UK hybrid schemes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • The Department must set rules determining which quality requirements apply to hybrid pension schemesCrown / Minister / Government department
s.030 Transitional period for defined benefits and hybrid schemes (opens in a new tab) Regulated
  • Enrol deferred defined benefits/hybrid jobholders by end of transitional periodEmployer
s.040 Fixed penalty notices (opens in a new tab) Prosecution
  • Fail to comply with TPR notices or auto-enrolment rulesAny Person

Fine up to £50,000

s.041 Escalating penalty notices (opens in a new tab) Regulated
  • Fail to comply with pension compliance notice – escalating penaltyAny Person
s.048 Offences of providing false or misleading information (opens in a new tab) Imprisonment
  • Provide false or misleading information to The Pensions RegulatorAny Person
s.050 Prohibited recruitment conduct (opens in a new tab) Prosecution
  • Prohibit recruitment questions about automatic enrolment opt-outEmployer

Fine up to £50,000

s.056 Enforcement of the right (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Industrial tribunal must hear worker complaints about pension-related detrimentTribunal / Court
s.059 Requirement to keep records (opens in a new tab) Regulated
  • Keep pension records for up to 6 years and provide them to TPR on requestAny Person
s.062 Penalty for disclosure (opens in a new tab) Imprisonment
  • Disclose restricted pension information unlawfullyAny Person
66 other sections in this Part — procedural and definitional
s.015 Power to specify rounded figures
s.023 Alternative quality requirements for UK defined benefits schemes
s.069 Power to create exceptions from the employer duties etc.
s.078 Money purchase benefits: supplementary
Part 2

SIMPLIFICATION

0 of 7 sections shown
Part 3

PENSION COMPENSATION

1 of 16 sections shown
Part 4

ADDITIONAL PENSIONS

0 of 1 section shown
Part 5

MISCELLANEOUS

0 of 9 sections shown
Part 6

GENERAL

0 of 9 sections shown
Schedules

Schedules

6 of 127 shown
s.sch004 An application for a terminal illness lump sum— Imprisonment
  • Submit terminal illness lump sum application in writing with required informationApplicant
s.sch004 (1) The Board must determine an application for a terminal... Regulated
Other duties (1) — Crown / regulator
  • Pension Protection Fund must decide terminal illness lump sum applicationsStatutory regulator
s.sch004 (1) A transferee who is entitled to periodic compensation under... Regulated
Other duties (1) — Crown / regulator
  • Board must publish actuarial tables for commutation lump sumsStatutory regulator
s.sch006 After paragraph 25A (inserted by paragraph 13) insert— Terminal illness... Regulated
Other duties (1) — Crown / regulator
  • PPF Board must decide terminal illness lump sum applicationsStatutory regulator
s.sch008 (1) In Article 34(5)(a) (main purpose or one of main... Regulated
  • Consider and mitigate material detriment to pension scheme benefitsAny Person
s.sch008 In Article 91 (standard procedure), after paragraph (1) insert— Regulated
Other duties (1) — Crown / regulator
  • Pensions Regulator must explain material detriment test and give right to reply in warning noticeStatutory regulator
121 other schedules
s.sch001 This Part makes amendments to Schedule 2 to the Pension...
s.sch001 In paragraph 1 (the final salary method), for sub-paragraphs (1)...
s.sch001 (1) Paragraph 2 (the revaluation percentage and the appropriate revaluation...
s.sch001 This Part makes amendments to Schedule 6 to the 2005...
s.sch001 (1) Paragraph 12 (active members who have not attained normal...
s.sch001 (1) Paragraph 17 (deferred members who have not attained normal...
s.sch001 In paragraph 29 (Board's powers to alter rates of revaluation...
s.sch001 In Article 51ZA of the 1995 Order (meaning of “the...
s.sch001 In Article 54(3) of the 1995 Order (Articles 51 to...
s.sch003 The Contributions and Benefits Act is amended as follows.
s.sch003 In section 48C(4) (Category B retirement pension: general) for “and...
s.sch003 In section 51(2) and (3) (Category B retirement pension for...
s.sch003 (1) Schedule 4B (additional pension: accrual rates for purposes of...
s.sch003 In Schedule 7 (industrial injuries benefits) in paragraph 3(3) after...
s.sch003 After section 130AA of the Social Security Administration (Northern Ireland)...
s.sch003 The Pension Schemes Act is amended as follows.
s.sch003 (1) Section 42 (effect of entitlement to guaranteed minimum pensions...
s.sch003 (1) Section 43 (further provisions concerning entitlement to guaranteed minimum...
s.sch003 In section 44(2) (reduced benefits where minimum payments or minimum...
s.sch003 In section 45(b) (women, married women and widows) after “42(1),”...
s.sch003 In section 21(5A)(c) (contribution conditions) after “5(2)(b) and (4)(a)” insert...
s.sch003 In section 160(5) (Crown employment) after “42(1),” insert “ 42A(2),...
s.sch003 In section 161(2)(b) (cases with a foreign element) after “those...
s.sch003 (1) In section 163(4) (application of provisions relating to social...
s.sch003 In section 39(1) (rate of widowed mother's allowance and widow's...
s.sch003 (1) Section 39C (rate of widowed parent's allowance and bereavement...
s.sch003 (1) After section 45 (additional pension in Category A retirement...
s.sch003 (1) Section 46 (modifications of section 45 for calculating the...
s.sch003 In section 48A(4) (Category B retirement pension for married person)—...
s.sch003 In section 48B(2) (Category B retirement pension for widows and...
s.sch003 (1) Section 48BB (Category B retirement pension: entitlement by reference...
s.sch004 This Schedule applies for the purposes of determining the compensation...
s.sch004 (1) Regulations may prescribe circumstances in which, and conditions subject...
s.sch004 (1) Regulations may prescribe circumstances in which, and conditions subject...
s.sch004 (1) This paragraph applies where all of the following conditions...
s.sch004 (1) If the Board grants an application for a terminal...
s.sch004 (1) Relevant information held by the Department or the Secretary...
s.sch004 (1) Regulations may prescribe circumstances in which, and conditions subject...
s.sch004 (1) This paragraph provides for annual increases to compensation payable...
s.sch004 (1) The Department may by regulations make provision for restricting...
s.sch004 (1) The Department may by regulations make provision for compensation...
s.sch004 In this Schedule— “the initial annual rate of compensation” is...
s.sch004 (1) The Board may determine the percentage that is to...
s.sch004 (1) This paragraph applies for the purpose of determining the...
s.sch004 (1) Compensation is payable in accordance with this paragraph where...
s.sch004 (1) This paragraph applies where— (a) the transferee dies after...
s.sch004 (1) Compensation is payable in accordance with this paragraph where...
s.sch004 (1) This paragraph applies where— (a) the transferee dies after...
s.sch004 (1) This paragraph applies for the purpose of calculating the...
s.sch005 The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15) is...
s.sch005 The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI...
s.sch005 In Article 21 (orders for financial provision and property adjustment)...
s.sch005 In Article 22(7) (matters to which court is to have...
s.sch005 (1) Article 25 (application of certain provisions of Part 3...
s.sch005 The Civil Partnership Act 2004 (c. 33) is amended as...
s.sch005 After Part 3 of Schedule 15 (pension sharing orders on...
s.sch005 (1) Part 4 of Schedule 15 (matters to which court...
s.sch005 (1) Part 6 of Schedule 15 (pension protection fund compensation...
s.sch005 (1) Part 10 of Schedule 15 (variation, discharge etc. of...
s.sch005 In Part 13 of Schedule 15 (miscellaneous and supplementary) after...
s.sch005 After Article 23A (pension sharing orders) insert— Pension compensation sharing...
s.sch005 (1) In Schedule 17 (financial relief in Northern Ireland after...
s.sch005 After Article 26C (pension sharing orders: apportionment of charges) insert—...
s.sch005 (1) Article 27 (matters to which court is to have...
s.sch005 In Article 27A(1) (exercise of court's powers in favour of...
s.sch005 In Article 27E(9) (the Pension Protection Fund) omit the definition...
s.sch005 After Article 27E insert— Attachment of pension compensation (1) This Article applies where, having regard to any PPF...
s.sch005 (1) Article 33 (variation, discharge etc. of certain orders for...
s.sch005 After Article 42A (appeals relating to pension sharing orders which...
s.sch006 Schedule 6 to the 2005 Order (pension compensation provisions) is...
s.sch006 In paragraph 21(1) for “15, 18 and 19” substitute “...
s.sch006 For paragraph 21(2)(b) and (c) substitute— (c) for paragraph 15(5)...
s.sch006 In paragraph 25(3), after “before that person attains normal pension...
s.sch006 After paragraph 25 insert— Deferral of compensation (1) Regulations may prescribe circumstances in which, and conditions subject...
s.sch006 In paragraph 33 make the existing provision sub-paragraph (1) and...
s.sch006 In paragraph 34(1) after “ill health” insert “ or otherwise...
s.sch006 For paragraph 35(2)(a) substitute— (a) in the case of a...
s.sch006 For paragraph 35(3) substitute— (3) This sub-paragraph applies to a...
s.sch006 In paragraph 3(6), at the end, add “ to the...
s.sch006 In paragraph 5(5), at the end, add “ to the...
s.sch006 In paragraph 11(8), after paragraph (b) insert—
s.sch006 In paragraph 13, after sub-paragraph (3) insert—
s.sch006 In paragraph 14(9), after paragraph (a) insert—
s.sch006 In paragraph 15(6), after paragraph (a) insert—
s.sch006 In paragraph 18, after sub-paragraph (3) insert—
s.sch006 In paragraph 19(8), after “This paragraph is subject to—” insert—...
s.sch007 The Contributions and Benefits Act is amended as follows.
s.sch007 (1) Section 37 (reduced rates of Class 1 contributions for...
s.sch007 (1) In section 38A(1) (reduced rates of Class 1 contributions,...
s.sch007 (1) In section 41(1) (personal pensions: amount of minimum contributions),...
s.sch007 (1) Paragraph 2 of Schedule 3 (priority in bankruptcy etc.:...
s.sch007 In section 22 (earnings factors), after subsection (8) add—
s.sch007 (1) Section 23 is amended as follows.
s.sch007 (1) Section 44A (deemed earnings factors) is amended as follows....
s.sch007 In section 44B(2)(a) (deemed earnings factors: 2010–11 onwards), for “the...
s.sch007 (1) Paragraph 1 of Schedule 1 (Class 1 contributions where...
s.sch007 The Pension Schemes Act is amended as follows.
s.sch007 (1) Section 4 (meaning of “contracted-out employment” etc.) is amended...
s.sch007 In section 8B(7) (contracted-out pension scheme: reference scheme), in the...
s.sch008 The 2005 Order is amended as follows.
s.sch008 After Article 39 (financial support directions) insert— Financial support directions:...
s.sch008 In Article 279(2) (overriding requirements)— (a) after sub-paragraph (d) insert—...
s.sch008 In Article 288(3) (orders and regulations under Order that are...
s.sch008 In Part 4 of Schedule 2 (the reserved regulatory functions...
s.sch008 (1) In Article 40(3) (meaning of “insufficiently resourced”), for sub-paragraph...
s.sch008 (1) The amendments made by paragraphs 2, 6 and 7...
s.sch008 (1) In the case of the first set of regulations...
s.sch008 In Article 85(2) (the matters in relation to which the...
s.sch008 In Article 288(3) (orders and regulations under Order that are...
s.sch008 In Article 34(5) (acts or failures to act in relation...
s.sch008 (1) Article 34 (contribution notices where avoidance of employer debt)...
s.sch008 (1) In Article 34 (contribution notices where avoidance of employer...
s.sch008 After Article 35 (the sum specified in an Article 34...
s.sch009 After section 170 of the Pension Schemes Act (levies towards...
s.sch009 The 2005 Order is amended as follows.
s.sch009 After Article 103 (PPF administration levy) insert— Administration levy: interest...
s.sch009 After Article 164 (calculation, collection and recovery of levies) insert—...
s.sch009 After Article 171 (fraud compensation levy) insert— Fraud compensation levy:...
s.sch009 In Article 191 (the PPF Ombudsman) at the end add—...
s.sch010 The repeals of— (a) section 37(1ZA) of the Pension Schemes...
s.sch010 The repeals of— (a) paragraph 2(6) of Schedule 3 to...
1 other provision
s.para.134 . . . . . . . . . ....

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