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Pensions Act 2008

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This is the original version (as it was originally enacted).

16Qualifying schemes
This section has no associated Explanatory Notes

(1)A pension scheme is a qualifying scheme in relation to a jobholder (J) if—

(a)the scheme is an occupational pension scheme or a personal pension scheme,

(b)the scheme is registered under Chapter 2 of Part 4 of the Finance Act 2004 (c. 12), and

(c)while J is an active member, the scheme satisfies the quality requirement in relation to J.

(2)The Secretary of State may by regulations provide that subsection (1)(b) does not apply in relation to a scheme to which section 25 or 27 applies, if prescribed requirements are satisfied.

(3)The Secretary of State may by regulations provide that a scheme is not a qualifying scheme in relation to J if—

(a)while J is an active member, the payments that must be made to the scheme by, or on behalf or in respect of, J for purposes other than the provision of benefits exceed a prescribed amount,

(b)while J is an active member, the contributions that must be paid to the scheme by, or on behalf or in respect of, J exceed a prescribed amount, or

(c)the scheme provides for average salary benefits to be provided to or in respect of J and contains prescribed features.

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