Pensions Citation, commencement and interpretation 1 1 These Regulations may be cited as the Occupational and Personal Pension Schemes (Authorised Payments) Regulations (Northern Ireland) 2009 and shall come into operation on 1st December 2009. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations 2 For regulation 5 of the Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991 (short service benefit in lump sum form) substitute— Short service benefit in lump sum form 5 For the purposes of section 67(6) of the Act (basic principle as to short service benefit), the circumstances in which the trustees or managers of a scheme may provide for payment of short service benefit in the form of a lump sum before normal pension age are that the payment of a lump sum— a to the member is permitted in accordance with paragraph (a), (b), (e), (f) or (g) of the lump sum rule in section 166(1) of the Finance Act 2004 ; or b is— i made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004); ii a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (commutation payments); and iii made to or in respect of a member. . Amendment of the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations 3 In regulation 5 of the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations (Northern Ireland) 1996 (conditions upon which appropriate policies of insurance may be commuted)— a in paragraph (1) for “paragraph (2)” substitute “paragraph (2), (2A)”; b after paragraph (2) insert— 2A This paragraph is satisfied if the lump sum payment is— a made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004); b a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (commutation payments), and c made to or in respect of a member. . Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Occupational Pension Schemes (Winding Up) Regulations 5 In regulation 8(6)(b) of the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996 (requirements to be satisfied by transferee schemes, annuities, etc. ) for head (i) substitute— i of a lump sum— aa that is a trivial commutation lump sum or a winding up lump sum for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 (registered pension schemes: authorised lump sums – lump sum rule) is made to a member, or bb is made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004), is a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (commutation payments) and is made to or in respect of a member, and . Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 6 In regulation 8 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations (Northern Ireland) 1997 (giving effect to protected rights by the provision of a lump sum)— a in paragraph (1) for “either paragraph (1A)” substitute “paragraph (1A), (1AA)”; b after paragraph (1A) insert— 1AA This paragraph is satisfied if the lump sum payment is— a made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004); b a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (commutation payments), and c made to or in respect of a member. . Amendment of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 7 In regulation 2(1)(a) of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations (Northern Ireland) 1997 (commutation of a pension under an occupational pension scheme)— a at the end of head (i) omit “or”; b after head (ii) add— iii the earner or the earner’s widow, widower or surviving civil partner is a payment— aa by a registered pension scheme (within the meaning given in section 150(2) of the 2004 Act), and bb that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (commutation payments), or . Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations 8 In regulation 15 of the Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000 (disqualification as a destination for pension credit – annuity contracts and insurance policies)— a in paragraph (4)— i omit “either”; ii at the end of sub-paragraph (a) omit “or”; iii after sub-paragraph (a) insert— aa the condition set out in paragraph (5A) is satisfied, or ; b after paragraph (5) insert— 5A The condition referred to in paragraph (4)(aa) is that the lump sum payment is— a made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004); b a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (commutation payments), and c made to or in respect of a member. . Amendment of the Pension Sharing (Pension Credit Benefit) Regulations 9 For regulation 3 of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000 (pension credit benefit in lump sum form) substitute— Pension credit benefit in lump sum form 3 For the purposes of section 97C(2) (basic principle as to pension credit benefit), the circumstances in which the trustees or managers of a scheme may provide for payment of pension credit benefit in the form of a lump sum before normal benefit age are— a those which permit payment of a lump sum in accordance with paragraph (a), (b), (e), (f) or (g) of the lump sum rule in section 166(1) of the Finance Act 2004, or b that the lump sum payment is— i made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004); ii a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (commutation payments), and iii made to or in respect of a member. . Revocations 10 The following regulations are revoked— a regulation 3(2) of the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 ; b regulation 2 of the Occupational Pension Schemes (Winding Up, Winding Up Notices and Reports, etc.) (Amendment) Regulations (Northern Ireland) 2007 ; c regulation 14(3) of the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 . Sealed with the Official Seal of the Department for Social Development on 10th November 2009 (L.S.) B McGahan A senior officer of the Department for Social Development