The Electricity (Protected Persons) (England and Wales) Pension Regulations 1990

Other suitable means

9.—(1) Where an employer is required by any provision of these Regulations to provide a relevant scheme and–

(a) (i) it is not reasonably practicable to provide the relevant scheme required in the circumstances specified in that provision; and

(ii) the employer complies with paragraphs (2) and (3); or

(b) the circumstances specified in paragraph (6) apply,

he shall be deemed to have fulfilled the duty imposed by the provision in question.

(2) The employer shall–

(a) provide a retirement benefits scheme which satisfies the obligations contained in the provision in question to the extent that it is reasonably practicable to do so; and

(b) satisfy the remainder of those obligations, which are not included in the scheme provided under sub-paragraph (a) of this paragraph, by other suitable means which will secure for the benefit of the protected person concerned pension rights at least equivalent to those which would have been provided by the relevant scheme.

(3) If it shall subsequently become reasonably practicable for the requirements mentioned in paragraph (2)(b) to be satisfied by the scheme referred to in paragraph (2)(a) or another relevant scheme, the employer may arrange that they are so satisfied.

(4) During any period in which the employer complies with this regulation, any scheme provided under paragraph (2)(a) and any relevant scheme in replacement thereof or provided pursuant to regulation 11 or 12 shall be deemed to be a relevant scheme for the purposes of the provision referred to in paragraph (1).

(5) Where on a total or partial winding up of a relevant scheme–

(a) the employer has made any payment required under regulation 6(3); and

(b) in respect of the accrued pension rights of the protected beneficiaries under that relevant scheme, the trustees of that scheme have applied the assets of the scheme in accordance with the rules for the distribution of the assets of the scheme in the winding up,

the employer shall be deemed to have fulfilled his obligation in respect of those accrued pension rights under these Regulations, except to the extent that those accrued pension rights are either secured by assets retained under the control of the trustees or are transferred to a new relevant scheme provided by the employer.

(6) The circumstances specified are that–

(a) the whole or a part of either or both of the accrued pension rights of the protected person are, or of the future pension rights of the protected employee will be, provided by the earnings related component of any pension provided by a state pension scheme;

(b) to the extent (if any) that the accrued pension rights or future pension rights referred to in sub-paragraph (a) of this paragraph are not provided on a basis equivalent to that mentioned in that sub-paragraph, the employer complies with paragraph (2) in respect of the balance of those pension rights; and

(c) the contributions payable by the protected employee under any scheme required to be provided by the employer make due allowance for the amount which the protected employee is required to pay in order to accrue those future pension rights under that state scheme.