Search Legislation

Pensions Act 2008

Status:

This is the original version (as it was originally enacted).

General

99Interpretation of Part

In this Part—

  • “active member”—

    (a)

    in relation to an occupational pension scheme, means a person who is in pensionable service under the scheme;

    (b)

    in relation to a personal pension scheme, means a jobholder in relation to whom there is an agreement within section 26(4) between the provider of the scheme and the employer or (where section 9 applies) a worker in relation to whom there are direct payment arrangements (within the meaning of section 111A of the Pension Schemes Act 1993 (c. 48)) between the worker and the employer;

  • “automatic enrolment scheme” is to be read in accordance with section 3(8);

  • “average salary benefits” means benefits the rate or amount of which is calculated by reference to the average salary of a member over the period of service on which the benefits are based;

  • “contract of employment” has the meaning given by section 88;

  • “defined benefits”, in relation to a member of an occupational pension scheme, means benefits which are not money purchase benefits (but the rate or amount of which is calculated by reference to earnings or service of the member or any other factor other than an amount available for their provision);

  • “defined benefits scheme” means an occupational pension scheme under which all the benefits that may be provided are defined benefits;

  • “employer”, “employment” and related expressions have the meaning given by section 88;

  • “enrolment duty” means a duty under section 3(2), 5(2), 7(3) or 9(2);

  • “hybrid scheme” means an occupational pension scheme which is neither a defined benefits scheme nor a money purchase scheme;

  • the “IORP Directive” means Directive 2003/41/EC of the European Parliament and of the Council on the activities and supervision of institutions for occupational retirement provision;

  • “jobholder” has the meaning given by section 1(1);

  • “money purchase benefits”, in relation to a member of a pension scheme, means benefits the rate or amount of which is calculated by reference to a payment or payments made by the member or by any other person in respect of the member and which are not average salary benefits;

  • “money purchase scheme” means an occupational pension scheme under which all the benefits that may be provided are money purchase benefits;

  • “occupational pension scheme” has the meaning given by section 18;

  • “pension scheme” has the meaning given by section 1(5) of the Pension Schemes Act 1993 (c. 48);

  • “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26);

  • “pensionable service”, in relation to a member of an occupational pension scheme, means service in any description of employment to which the scheme relates which qualifies the member (on the assumption that it continues for the appropriate period) for pension or other benefits under the scheme;

  • “personal pension scheme” has the meaning given by section 19;

  • “prescribed” means prescribed by regulations;

  • “provider”—

    (a)

    in relation to a personal pension scheme to which section 26 applies, means the person referred to in subsection (1)(b) of that section;

    (b)

    in relation to any other personal pension scheme, has the meaning prescribed;

  • “qualifying earnings” has the meaning given by section 13;

  • “qualifying scheme” is to be read in accordance with section 2(5);

  • “regulations” means regulations made by the Secretary of State;

  • the Regulator” means the Pensions Regulator;

  • “tax year” means the 12 months beginning with 6th April in any year;

  • “trustee or manager”—

    (a)

    in relation to England and Wales or Scotland, is to be construed in accordance with section 178 of the Pension Schemes Act 1993 (c. 48) (trustees and managers of schemes: interpretation);

    (b)

    in relation to Northern Ireland, is to be construed in accordance with section 173 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49) (trustees or managers of schemes);

  • “worker” has the meaning given by section 88.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources