The Occupational Pension Schemes (Transitional Provisions) Regulations 1988

Disapplication of paragraphs 2, 3, 4 and 6 of the Schedule

3.—(1) Subject to regulation 4, the provisions contained in paragraphs 2, 3, 4 and 6 of the Schedule shall not apply in the circumstances prescribed in any one or more of paragraphs (2) to (4) below.

(2) The circumstances prescribed in this paragraph are circumstances where —

(a) before 17th March 1987 an employee was a member of a scheme (in this paragraph and in regulation 4 referred to as “the scheme”); and

(b) on or after that date —

(i) benefits cease to accrue to the employee under the scheme and he becomes a member of another scheme established by his employer, or a scheme established by a relevant employer, (in this paragraph and in regulation 4 referred to as “the new scheme”); or

(ii) benefits cease to accrue to the employee under the scheme by reason of his secondment or posting to another employer if —

(a) at the end of the period of his secondment or posting he becomes a member of a scheme established by the employer by whom he was seconded or posted, or by a relevant employer, and

(b) at the time of his secondment or posting he had a definite expectation that the condition contained in sub-paragraph (a) of this paragraph would be met; or

(iii) benefits cease to accrue to the employee under the scheme by reason of his unpaid absence if, within one month of returning to work, he becomes a member of a scheme established by the employer who established the scheme, or a scheme established by a relevant employer; or

(iv) benefits cease to accrue to the employee under the scheme by reason of her pregnancy or confinement if, within one month of returning to work, she becomes a member of a scheme established by the employer who established the scheme, or a scheme established by a relevant employer; or

(v) benefits cease to accrue to the employee under the scheme (where the circumstances are other than those specified in paragraphs (ii), (iii) or (iv)) if, within one month of benefits ceasing so to accrue, benefits again accrue to the employee under that scheme; or

(vi) the employee becomes a member of a scheme which provides benefits in addition to those under the scheme of which he remains a member.

(3) The circumstances prescribed in this paragraph are circumstances where an employee was not a member of a scheme before 17th March 1987 but is to be regarded as being a member of that scheme before that date by virtue of regulation 2(2)(b) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984(1).

(4) The circumstances prescribed in this paragraph are circumstances where an employer was contractually bound to an employee before 17th March 1987 to provide benefits for him but a scheme had not been established before that date.

(1)

S.I. 1984/614.