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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 43

43.(1) If, on an application made to it in writing by the persons competent to
act in respect of an occupational pension scheme, the Department is satisfied
that an employer has become insolvent and that at the time that he did so
there remained unpaid relevant contributions falling to be paid by him to the
scheme, the Department shall, subject to the provisions of this Article, pay
into the resources of the scheme out of the Northern Ireland Redundancy Fund
the sum which in its opinion is payable in respect of the unpaid relevant
contributions.

(2) In this Article "relevant contributions" means contributions falling to be
paid by an employer in accordance with an occupational pension scheme, either
on his own account or on behalf of an employee; and for the purposes of this
Article a contribution of any amount shall not be treated as falling to be
paid on behalf of an employee unless a sum equal to that amount has been
deducted from the pay of the employee by way of a contribution from him.

(3) The sum payable under this Article in respect of unpaid contributions of
an employer on his own account to an occupational pension scheme shall be the
least of the following amounts

(a)the balance of relevant contributions remaining unpaid on the date when he
became insolvent and payable by the employer on his own account to the scheme
in respect of the 12 months immediately preceding that date;

(b)the amount certified by an actuary to be necessary for the purpose of
meeting the liability of the scheme on dissolution to pay the benefits
provided by the scheme to or in respect of the employees of the employer;

(c)an amount equal to 10 per cent. of the total amount of remuneration paid or
payable to those employees in respect of the 12 months immediately preceding
the date on which the employer became insolvent.

(4) For the purposes of paragraph (3)(c) "remuneration" includes holiday pay
[, maternity pay and any such amount as is referred to in Article 42(4)(a) to
(d)].

(5) Any sum payable under this Article in respect of unpaid contributions on
behalf of an employee shall not exceed the amount deducted from the pay of the
employee in respect of the employee's contributions to the occupational
pension scheme during the 12 months immediately preceding the date on which
the employer became insolvent.

(6) The provisions of paragraphs (7) to (9) shall apply in a case where one of
the following officers (hereafter in this Article referred to as the "relevant
officer") is acting or has been or is required to be appointed in connection
with the employer's insolvency, that is to say, the Official Assignee, a
liquidator, a receiver or manager, or a trustee under a composition or
arrangement between the employer and his creditors or under a trust deed for
his creditors executed by the employer.

(7) Subject to paragraph (9), the Department shall not in such a case make any
payment under this Article in respect of unpaid relevant contributions until
it has received a statement from the relevant officer of the amount of
relevant contributions which appear to have been unpaid on the date on which
the employer became insolvent and to remain unpaid; and the relevant officer
shall, on request by the Department provide it, as soon as reasonably
practicable, with such a statement.

(8) Subject to paragraph (9), an amount shall be taken to be payable, paid or
deducted as mentioned in paragraph (3)(a) or (c) or paragraph (5) only if it
is so certified by the relevant officer.

(9) Where

(a)a period of six months has elapsed since the application for a payment
under this Article was received by the Department but no such payment has been
made;

(b)the Department is satisfied that a payment under this Article should be
made; and

(c)it appears to the Department that there is likely to be further delay
before it receives a statement or certificate about the contributions in
question,

© 1976 Crown Copyright

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