s.12Registration of amendment
12
Section 12Part 2 — Registration and Administration

Registration of amendment

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12. (1) An administrator shall not amend a plan without —
the recorded approval and votes of two-thirds of the members and the former members of the plan affected by the proposed amendment either present or voting by proxy, which votes shall be recorded in the minutes of the meeting at which such votes were taken, or voting in a written ballot of those members affected by the proposed amendment; and
the approval of the employer.
A meeting or ballot process required for the purpose of subsection (1) shall be held in accordance with the rules set out in regulations prescribed by the Cabinet.
An administrator shall apply to the Director within thirty days after the date on which the pension plan is amended for registration of the amendment.
An application for the registration of an amendment shall be made in the prescribed form and shall be accompanied by —
the prescribed fee;
a certified copy of the document; Section 13 National Pensions Act (2024 Revision) Page 22 Revised as at 31st December, 2023 c
certified copies of any other prescribed documents; and
any other prescribed information.
An amendment of a pension plan is not effective until it is approved by the Director.
The administrator shall, where an amendment is approved, file a certified copy of the amended plan.
Notwithstanding subsection (1), an administrator shall not be required to obtain the approval of the members of a plan for amendments which are, in the opinion of the Director, minor or statutorily required.
An amendment to a pension plan may be made effective from a date before the date on which the amendment is registered.
An amendment which purports to convert a defined benefit pension plan to a defined contribution pension plan, or vice versa, shall be void and of no effect unless made with the written consent of the employer.

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