The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2018

Amendments to the Occupational Pension Schemes (Scheme Funding) Regulations 2005

12.—(1) Schedule 2 of the Occupational Pension Schemes (Scheme Funding) Regulations 2005 (modifications of the Act and Regulations)(1) is amended as follows.

(2) After paragraph 3A (employers in periods of grace) insert—

“Period of grace followed by a deferred debt arrangement

3B.   In a case where a period of grace is immediately followed by a deferred debt arrangement as the result of the trustees or managers of the scheme being satisfied that the conditions in regulation 6F(2)(b) and (3) of the Occupational Pension Schemes (Employer Debt) Regulations 2005 are met, the period of grace and the deferred debt arrangement are to be treated as one continuous period of time for the purposes of Part 3 of the 2004 Act and these Regulations.

Employers in deferred debt arrangements

3C.— (1) This paragraph applies where a deferred employer is treated under regulation 6F(4) of the Occupational Pension Schemes (Employer Debt) Regulations 2005 (deferred debt arrangement) as if it employed at least one person who is an active member of a scheme.

(2) Where this paragraph applies, Part 3 of the 2004 Act and these Regulations are modified so that references to “employer” include a reference to a deferred employer.

(3) This paragraph ceases to apply where the deferred debt arrangement referred to in regulation 6F of the Occupational Pension Schemes (Employer Debt) Regulations 2005 in respect of the deferred employer comes to an end in accordance with that regulation.

3D.   For the purposes of paragraphs 3B and 3C—

“deferred debt arrangement” and “deferred employer” have the meanings given in regulation 2(1) (interpretation) of the Occupational Pension Schemes (Employer Debt) Regulations 2005.”.

(1)

S.I. 2005/3377. Paragraph 3A of Schedule 2 was inserted by S.I. 2011/2973.