Westminster Policy News & Legislative Analysis

NI pension transfer rules updated for CMP schemes on 31 July

Northern Ireland has made a narrow but consequential change to pension transfer law. The Department for Communities' 2026 amendment to the Occupational Pension Schemes (Preservation of Benefit) Regulations inserts a new regulation 12(7A), so that a receiving scheme or section authorised under Part 2 of the Pension Schemes Act 2021 becomes an eligible destination for certain transfers of relevant money purchase rights without member consent. The change takes effect on 31 July 2026. (niassembly.gov.uk)

The legal setting matters. Regulation 12 of the 1991 Northern Ireland regulations governs when an occupational pension scheme may transfer accrued rights instead of preserving short-service benefit, and paragraphs 12(7) to (9) deal with the cases in which relevant money purchase rights may move without the member's consent. The Department for Communities' explanatory memorandum says the existing gateways covered authorised Master Trusts, schemes with connected employers, or cases where trustees had taken independent advice. On the face of the drafting, the 2026 rule adds a further destination rather than replacing those earlier safeguards. (niassembly.gov.uk)

The reason authorisation matters is that collective money purchase schemes are not free to operate on a light-touch basis. Part 2 of the Pension Schemes Act 2021 provides that a collective money purchase scheme must be authorised, and the Act requires The Pensions Regulator to decide whether the scheme meets the authorisation criteria and to maintain a published list of authorised schemes. (legislation.gov.uk) The Pensions Regulator's code says those criteria cover fitness and propriety, systems and processes, member communications, continuity strategy, financial sustainability and sound scheme design. Its supervision policy also makes clear that authorised schemes remain under ongoing regulatory oversight and may face a risk notice where concerns arise about continued compliance. That is the policy basis for treating authorised CMP schemes as a safer destination for non-consensual bulk transfers than an unregulated receiving scheme. (thepensionsregulator.gov.uk)

For trustees and employers, the practical effect is administrative but material. Where a transfer falls within regulation 12, an authorised CMP scheme or authorised CMP section can now be used for a bulk move of defined contribution rights without gathering individual consents from every affected member. The Department for Communities says the aim is to place these newer schemes on the same footing as Master Trusts for this purpose, while keeping the protection that comes from authorisation and supervision. (communities-ni.gov.uk) The amendment also sits within a wider 2026 policy package. The Department's explanatory memorandum links it to separate Northern Ireland regulations extending the CMP regime to unconnected multiple employer schemes, and records stakeholder concern that those schemes should be able to receive bulk transfers on a basis consistent with Master Trusts. In policy terms, this transfer amendment removes one obstacle to consolidation into authorised CMP structures if trustees decide that route is appropriate. (niassembly.gov.uk)

For members, the issue is not only process. The Department for Communities says collective money purchase schemes are built to provide retirement income from a pooled fund and that the income paid can be adjusted over time to keep the scheme's assets and benefit commitments in balance. In practical terms, a transfer into an authorised CMP section may therefore involve a move into a different benefit design from a standard individual defined contribution arrangement. (niassembly.gov.uk) That point has already drawn scrutiny. In the Great Britain consultation on the matching amendment, the Department for Work and Pensions said some respondents questioned whether a transfer from a DC scheme to a CMP scheme changed the nature of the benefits and suggested trustees might seek appropriate advice before proceeding. The Northern Ireland rule does not itself create a new communications duty, but The Pensions Regulator treats member communications as one of the authorisation criteria, which underlines the need for clear explanation where schemes use this transfer route. (gov.uk)

The wider administrative picture is one of parity rather than divergence. The Department for Communities says the Northern Ireland rule corresponds to the Great Britain instrument, S.I. 2026/580, and is intended to keep timing and substance aligned across the UK from 31 July 2026. The same memorandum says the equality screening exercise found no significant effects requiring a full Equality Impact Assessment, while the main operational impact is expected to fall on trustees considering these transfers. (niassembly.gov.uk) The effect is straightforward. From 31 July 2026, Northern Ireland pension law will recognise an authorised collective money purchase scheme, or an authorised section of a scheme, as a permitted destination for certain non-consensual bulk transfers of money purchase rights. For a technical amendment running to a single inserted paragraph, that is a meaningful change in how the transfer rules connect with the CMP authorisation regime. (niassembly.gov.uk)