The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1999

Amendment of the Occupational Pension Schemes (Modification of Schemes) Regulations 1996

9.—(1) The Occupational Pension Schemes (Modification of Schemes) Regulations 1996(1) shall have effect with the following amendments.

(2) In regulation 1(2) (interpretation)–

(a) before the definition of “the 1995 Act” insert ““the 1993 Act” means the Pension Schemes Act 1993(2);”;

(b) in the definition of “public service pension scheme” for “the Pension Schemes Act 1993” substitute “the 1993 Act”.

(3) For regulation 6 (exemption from the restriction on powers to modify schemes) substitute–

“6.— (1) For the purposes of section 67(5) of the 1995 Act (restriction on the power to modify does not apply to the exercise of a power in a prescribed manner) the prescribed manners are–

(a) subject to paragraph (2), any alteration to scheme rules to provide, or make further or different provision, for an entitlement or accrued right to a pension under an occupational pension scheme–

(i) to be assigned, commuted or surrendered,

(ii) to be charged or to have a lien exercised in respect of it,

(iii) to have a set-off exercised in respect of it,

(iv) to be forfeited;

(b) any alteration to scheme rules to provide, or make further or different provision, under section 73(2)(a)(i), by virtue of section 73(4)(b), of the 1993 Act for a transfer of accrued rights, where the alteration results in a provision which is expressed in the scheme rules to be conditional upon compliance with regulation 12 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991(3) (transfer of member’s accrued rights without consent);

(c) in the case of a trust scheme, any alteration to scheme rules, or (for the avoidance of doubt) to practice under the scheme, or to both, to provide for the revaluation of earnings factors for the purposes of section 14(2) of the 1993 Act (earner’s guaranteed minimum) in accordance with section 16(1) or (2) of that Act;

(d) an amendment to scheme rules where the amendment is one that the Inland Revenue requires so that the scheme continues to be approved under section 590 or 591 of the Income and Corporation Taxes Act 1988(4) (conditions for approval of retirement benefit schemes and discretionary approval);

(e) in the case of an occupational pension scheme which is not a trust scheme, the exercise of the power by the managers with the member’s consent, except in relation to alterations for the purposes mentioned in sub-paragraphs (a) and (b).

(2) An alteration does not fall within paragraph (1)(a) if the transaction provided for (or any part of it) is prohibited by, or by regulations under(5), any of sections 91 to 94 of the 1995 Act or any other enactment, or by any other rule of law.”.

(1)

S.I. 1996/2517, to which there are amendments not relevant to these Regulations.

(2)

1993 c. 48.

(3)

S.I. 1991/167; relevant amending instruments are S.I.’s 1992/1531, 1993/1822, 1994/1062, 1995/3067, 1996/2131, 1997/786, 1999/2543.

(4)

1988 c. 1.

(5)

See the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997, S.I. 1997/785. S.I. 1999/1849 amended regulation 8(1) and inserted regulation 8(1A).