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PART IIOccupational Pensions

Modification of schemes

Power of trustees to modify schemes by resolution

68.—(1) The trustees of a trust scheme may by resolution modify the scheme with a view to achieving any of the purposes specified in paragraph (2).

(2) The purposes referred to in paragraph (1) are—

(a)to extend the class of persons who may receive benefits under the scheme in respect of the death of a member of the scheme,

(b)to enable the scheme to conform with such arrangements as are required by Article 16(1) or 17(2),

(c)to enable the scheme to comply with such terms and conditions as may be imposed by the Compensation Board in relation to any payment made by them under Article 81 or 82,

(d)to enable the scheme to conform with Article 37(2), 76(2), 89 or 90, and

(e)prescribed purposes.

(3) No modification may be made by virtue of paragraph (2)(a) without the consent of the employer.

(4) Modifications made by virtue of paragraph (2)(b) may include in particular—

(a)modification of any limit on the number of, or of any category of, trustees, or

(b)provision for the transfer or vesting of property.

(5) Regulations may provide that this Article does not apply to trust schemes falling within a prescribed class or description.