UK Act of Parliament 1995 c. 3213 Northern Ireland

The Pensions (Northern Ireland) Order 1995

Read the Act on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 3 of 34 obligations carry an unlimited fine. 3 carry different penalties and 28 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Trustee20 Any Person8 Employer2 Director or Officer2 Trader1

Plus 1 duty 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.

Trustee — also bound by 104 other Acts
Charities Act 2011 27 duties
Any Person — also bound by 2340 other Acts
Employer — also bound by 682 other Acts
TULRCA 1992 72 duties
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties

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

Introductory

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.art001 Title and commencement
s.art002 Interpretation
Part 2

Occupational Pensions

31 of 117 sections shown
s.art003 Prohibition orders: directors of corporate trustees etc. Regulated
  • Do not act as pension trustee if a director is prohibitedTrader
s.art006 Removal or suspension of trustees: consequences Imprisonment
  • Act as trustee while prohibited or suspendedAny Person
s.art025 Appointment and powers of independent trustees: further provisions Regulated
  • Do not exercise discretionary scheme powers when an independent trustee is appointedEmployer
s.art026 Insolvency practitioner or official receiver to give information to trustees Regulated
  • Provide information to pension scheme trustees upon requestDirector or Officer
s.art027 Trustee not to be auditor or actuary of the scheme Regulated
  • Trustees and connected persons must not act as auditor or actuaryTrustee
s.art028 Article 27: consequences Prosecution
  • Act as an auditor or actuary while disqualifiedAny Person

Unlimited fine

s.art030 Persons disqualified: consequences Prosecution
  • Act as trustee while disqualifiedAny Person

Unlimited fine

s.art033 Investment powers: duty of care Regulated
  • Pension trustees cannot exclude liability for investment decisionsTrustee
s.art035 Investment principles Regulated
  • Prepare and maintain a statement of investment principles for your pension schemeTrustee
s.art036 Choosing investments Regulated
  • Obtain and consider proper investment advice before choosing pension scheme investmentsTrustee
s.art040 Restriction on employer-related investments Prosecution
  • Make prohibited employer-related investments in pension schemeAny Person

Unlimited fine

s.art041 Provision of documents for members Regulated
  • Provide scheme documents to members and others when regulations sayTrustee
s.art041 Climate change risk: publication of information Regulated
  • Publish climate change risk information for occupational pension schemesTrustee
s.art041 Articles 41A and 41B: compliance Regulated
Other duties (1) — Crown / regulator
  • Pensions regulator can enforce climate risk compliance with penalties up to £50,000Statutory regulator
s.art049 Other responsibilities of trustees, employers, etc. Imprisonment
  • Fraudulently evade paying pension contributionsAny Person
s.art049 Record of winding-up decisions Regulated
  • Keep written records of winding-up decisionsTrustee
s.art050 Requirement for dispute resolution arrangements Regulated
  • Establish and implement pension scheme dispute resolution arrangementsTrustee
s.art050 The dispute resolution procedure Regulated
  • Set up a compliant dispute resolution procedure for your pension schemeTrustee
s.art054 Articles 51 to 53: supplementary Regulated
  • Increase pension rates annually by the end of first anniversary and every 12 months thereafterTrustee
s.art062 The equal treatment rule Regulated
  • Ensure your pension scheme treats men and women equallyTrustee
s.art067 The consent requirements Regulated
  • Obtain informed written consent from affected members before changing pension scheme rightsTrustee
s.art067 The trustee approval requirement Regulated
  • Trustees must obtain member consent or provide information before scheme changesTrustee
s.art067 Subsisting rights provisions: civil penalties Regulated
  • Civil penalty for voidable pension modificationAny Person
s.art072 Reports to Authority about winding-up Regulated
  • Report pension scheme winding-up progress to the authorityTrustee
s.art072 Duty to comply with directions under Article 72B Regulated
  • Comply with Pensions Regulator directions during scheme winding-upAny Person
s.art073 Preferential liabilities on winding up Regulated
  • Pay pension liabilities in priority order when winding upTrustee
s.art074 Discharge of liabilities by insurance, etc. Regulated
  • Discharge pension liabilities properly when winding up a schemeTrustee
s.art075 Deficiencies in the assets Regulated
  • Pay pension scheme deficit on winding up or employer insolvency eventEmployer
s.art085 Schedules of payments to money purchase schemes Regulated
  • Prepare, maintain and revise a payment schedule for your money purchase pension schemeTrustee
s.art086 Schedules of payments to money purchase schemes: supplementary Regulated
  • Notify The Pensions Regulator and scheme members of late paymentsTrustee
s.art091 Forfeiture by reference to obligation to employer Regulated
  • Issue forfeiture certificate to affected scheme memberTrustee
86 other sections in this Part — procedural and definitional
s.art003 Prohibition orders
s.art004 Suspension orders
s.art007 Appointment of trustees
s.art008 Appointment of trustees: consequences
s.art009 Removal and appointment of trustees: property
s.art010 Civil penalties
s.art011 Powers to wind up schemes
s.art012 Powers to wind up public service schemes
s.art014 Restitution
s.art015 Directions
s.art016 Requirement for member-nominated trustees
s.art017 Exceptions
s.art018 Corporate trustees: member-nominated directors
s.art019 Corporate trustees: exceptions
s.art020 Selection, and eligibility, of member-nominated trustees and directors
s.art021 Member-nominated trustees and directors: supplementary
s.art022 Circumstances in which following provisions apply
s.art023 Power to appoint independent trustees
s.art029 Persons disqualified for being trustees
s.art032 Decisions by majority
s.art034 Power of investment and delegation
s.art036 Restriction on borrowing by trustees
s.art037 Payment of surplus to employer
s.art038 Power to defer winding up
s.art039 Exercise of powers by member trustees
s.art041 Climate change risk
s.art047 Professional advisers
s.art050 Meaning of “person with an interest in the scheme”
s.art051 Annual increase in rate of pension
s.art051 Restriction on increase where annuity tied to investments
s.art051 Meaning of “the appropriate percentage”
s.art051 Meaning of “cash balance benefit”
s.art052 Restriction on increase where member is under 55
s.art053 Effect of increases above the statutory requirement
s.art055 Article 51: end of annual increase in GMP
s.art063 Equal treatment rule: supplementary
s.art064 Equal treatment rule: exceptions
s.art065 Equal treatment rule: consequential alteration of schemes
s.art066 Equal treatment rule: effect on terms of employment, etc.
s.art066 Prohibition on different rules for overseas residents, etc.
s.art067 The subsisting rights provisions
s.art067 The subsisting rights provisions: interpretation
s.art067 The actuarial equivalence requirements
s.art067 The actuarial equivalence requirements: further provisions
s.art067 The reporting requirement
s.art067 Powers of the Authority: voidable modifications
s.art067 Powers of the Authority to intervene
s.art068 Power of trustees to modify schemes by resolution
s.art069 Grounds for applying for modifications: winding up registered schemes
s.art070 Article 69: supplementary
s.art071 Effect of orders under Article 69
s.art071 Modification by Authority to secure winding-up
s.art072 Modification of public service pension schemes
s.art072 Directions by Authority for facilitating winding-up
s.art073 Operation of scheme during winding up period
s.art073 Articles 73 and 73A: supplementary
s.art075 Deficiencies in the assets: multi-employer schemes
s.art076 Excess assets on winding up
s.art077 Excess assets remaining after winding up: power to distribute
s.art087 Application of further provisions to money purchase schemes
s.art088 Unpaid contributions in cases of insolvency
s.art089 Inalienability of occupational pension
s.art090 Forfeiture, etc.
s.art092 Articles 89 to 91: supplementary
s.art113 Breach of regulations
s.art114 Overriding requirements
s.art115 Powers to modify this Part
s.art116 Calculations, etc. under regulations: sub-delegation
s.art117 Consultations about regulations
s.art118 Crown application
s.art120 “Connected” and “associated” persons
s.art121 Interpretation of Part II
s.art122 Article 121: supplementary
s.paragraph/p1 Art. 5 rep. by 2005 NI 1
s.paragraph/p12 Art. 30A rep. by 2005 NI 1
s.paragraph/p13 Art. 31 rep. by 2005 NI 1
s.paragraph/p17 Arts. 42–46 rep. by The Employment Rights (Northern Ireland) Order...
s.paragraph/p18 Art. 48 rep. by 2005 NI 1
s.paragraph/p23 Arts. 56 - 61 rep. by 2005 NI 1
s.paragraph/p35 Arts. 78 - 84 rep. by 2005 NI 1
s.paragraph/p38 Art. 93 rep. by 1999 NI 11
s.paragraph/p39 Arts. 94 - 112 rep. by 2005 NI 1
s.paragraph/p4 Art. 13 rep. by 2005 NI 1
s.paragraph/p41 Art. 119—Amendments
s.paragraph/p6 Arts. 26A - 26C rep. by 2005 NI 1
s.paragraph/wrapper1 paragraph/wrapper1
Part 3

STATE PENSIONS

0 of 9 sections shown
9 other sections in this Part — procedural and definitional
s.art123 Equalisation of pensionable age and of entitlement to certain benefits and increase in pensionable age
s.art125 Additional pension: calculation of surpluses
s.art126 Contribution conditions
s.art127 Up-rating of pensions increased under section 52 of Contributions and Benefits Act
s.art128 Graduated retirement benefit
s.art129 Extension of Christmas bonus for pensioners
s.art130 Contributions paid in error
s.art131 Minor amendments
s.paragraph/p42 Art. 124 rep. by 2002 c. 21
Part 4

CERTIFICATION OF PENSION SCHEMES AND EFFECTS ON MEMBERS' STATE SCHEME RIGHTS AND DUTIES

1 of 16 sections shown
s.art144 Monitoring personal pension schemes Regulated
  • Report material failures in personal pension schemes to the DepartmentAny Person
15 other sections in this Part — procedural and definitional
s.art132 The “principal appointed day” for Part IV
s.art133 New requirements for contracted-out schemes
s.art134 State scheme contributions and rebates
s.art135 Minimum contributions towards appropriate personal pension schemes
s.art136 Money purchase and personal pension schemes: verification of ages.
s.art137 Reduction in benefits for members of certified schemes
s.art138 State scheme,
s.art139 Interim arrangements for giving effect to protected rights
s.art140 Requirements for interim arrangements
s.art141 Interim arrangements: supplementary
s.art142 Extension of interim arrangements to occupational pension schemes
s.art143 Discharge of protected rights on winding up: insurance policies
s.art145 Earner employed in more than one employment
s.art146 Hybrid occupational pension schemes
s.paragraph/p62 Art. 147—Amendments
Part 5

MISCELLANEOUS AND GENERAL

2 of 21 sections shown
s.art149 Right to guaranteed cash equivalent Regulated
  • Provide members with a statement of guaranteed cash equivalentTrustee
s.art161 Levy Regulated
  • Pay levies on prescribed pension schemesDirector or Officer
19 other sections in this Part — procedural and definitional
s.art148 Extension of scope of right to cash equivalent
s.art150 Right to guaranteed cash equivalent: supplementary
s.art151 Breach of regulations under the Pension Schemes Act
s.art152 Employment of staff by the Pensions Ombudsman
s.art153 Jurisdiction of Pensions Ombudsman
s.art154 Allowances
s.art155 Disclosing information
s.art156 Interest on late payment of benefit
s.art157 Repeal of sections 132 to 139 of Pension Schemes Act
s.art158 Annual increase in rate of personal pension
s.art159 Article 158: supplementary
s.art160 Power to reject notice choosing appropriate personal pension scheme
s.art162 Pensions on divorce, etc.
s.art163 Equal treatment in relation to official pensions
s.art164 Information about public service schemes
s.art166 Orders and regulations (general provisions)
s.art167 Assembly, etc. control of orders and regulations
s.paragraph/p69 Art. 165—Amendments
s.paragraph/p71 Art. 168—Repeals
Schedules

Schedules

0 of 8 shown
8 other schedules
s.sch002 The following rules apply for the purposes of the enactments...
s.sch002 (1) For sections 83 and 84 of the Contributions and...
s.sch002 (1) For sections 49 and 50 of the Contributions and...
s.sch002 (1) In paragraph 5 of Schedule 3 to the Contributions...
s.sch002 In section 46(2) of the Contributions and Benefits Act (benefits...
s.sch002 (1) In section 54(1) of the Contributions and Benefits Act...
s.sch002 In section 62(1) of the Contributions and Benefits Act (graduated...
s.sch002 In section 145(4) of that Act (Christmas bonus: supplementary), for...

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