The Occupational and Personal Pension Schemes (Consequential Amendments) Regulations 1994

The Contracting-out (Transfer) Regulations 1985(1)

5.—(1) The Contracting-out (Transfer)

Regulations 1985 shall be amended as follows—

(2) In regulation 1(2)—

(a) in the definition of “the Act” for “Social Security Pensions Act 1975” substitute “Pension Schemes Act 1993”;

(b) in the definition of “appropriate personal pension scheme” for “Part I of the Social Security Act 1986” substitute “section 7”;

(c) in the definition of “appropriate policy” for “section 52C(4)” substitute “section 19(4)”;

(d) in the definition of “protected rights” for the words “Schedule 1 to the Social Security Act 1986” onwards substitute “section 10”;

(e) in the definition of “contracted-out salary related scheme” for “section 32(2)” substitute “satisfying section 9(2)”;

(f) in the definition of “money purchase contracted-out scheme” for “section 66(1)” substitute “section 181(1)”;

(g) in the definition of “overseas scheme” for “by virtue of section 32” and “section 49” substitute respectively “within the meaning of section 7(3)” and “section 53”;

(h) in the definition of “receiving scheme” for “section 44” substitute “section 50”;

(i) for the definitions of “section 49 money purchase scheme” and “section 49 salary related scheme” substitute respectively—

““section 53 money purchase scheme” means a scheme which was formerly a money purchase contracted-out scheme and which the Board are under a duty to supervise in accordance with section 53”;

““section 53 salary related scheme” means a scheme which was formerly a contracted-out salary related scheme and which the Board are under a duty to supervise in accordance with section 53”;

(j) in the definition of “transferring scheme” for “section 49” substitute “section 53”.

(3) In regulations 2, 2A, 2B and 3 and in paragraph 1 of Schedule 1 for “section 49” wherever it occurs substitute “section 53”.

(4) In regulations 2A(1)

ad 2B(1) for “section 52C” substitute “section 19”.

(5) In regulation 2A(3) for “section 35(7)” and “section 21” substitute respectively “section 16(2) and (3)” and “section 148 of the Social Security Administration Act 1992”.

(6) In regulation 3 for “section 44, Part III of the Act”, “section 35(1) and (8)”, “sections 26(2), 35(8), 38(3), 45, 46 and 48”, “sections 26(2), 38(3) and 48”, “sections 29, 45 and 46” and “paragraphs 2, 6 and 7” substitute respectively “section 50, the Act”, “sections 14(1) and 16(4)”, “sections 8(2), 16(4), 20(6), 159 and Chapter III of Part III”, “sections 8(2), 20(6), 159”, “section 46 andChapter III of Part III” and “paragraphs 2 and 6”.

(7) In regulation 3A for “Part III of the Act”, “section 35(1) and (8)” and “sections 26(2), 35(8), 38(3) and 48” substitute respectively “the Act”, “sections 14(1) and 16(4)”, and “sections 8(2), 16(4), 20(6) and 159”.

(8) In Schedule 2—

(a) in paragraph 1(b) for “sections 33 and 36” substitute “sections 13 and 17”;

(b) in paragraphs 3 and 4 for “section 35(7)” wherever it occurs substitute “section 16(2) and (3)”;

(c) in paragraph 5 for “section 33 or (as the case may be) 36” substitute “section 13 or (as the case may be) 17”.

(9) In Schedule 2A, in paragraph 1 for “paragraph 14 of Schedule 1A to the Act” substitute “section 97”.

(10) In Schedule 3—

(a) for paragraph 1 substitute—

“1.   The definition of “guaranteed minimum pension” in section 8(2) shall have effect as if—

(a) after the words “sections 13 and 17” there were inserted the words “or with arrangements approved by the Board under section 50, or in compliance with the condition set out in paragraph 1 or, as the case may be, paragraph 5 of Schedule 2 to the Contracting-out (Transfer) Regulations 1985”; and

(b) at the end there were added the words “or, as the case may be, of those arrangements or that condition””;

(b) in paragraph 2 for “Section 29” substitute “Section 46”;

(c) in paragraph 3 for “Section 35(1)”, “contracted-out employment” in the first place those words occur and “which was contracted-out employment” substitute respectively “Section 14(1)”, “employment which is contracted-out” and “which was contracted-out”;

(d) for paragraph 4 substitute—

“4.   Section 16(4) shall have effect as if there were added at the end “but different provision may be made for members as respects accrued rights transferred in accordance with regulations made under section 20(1).””;

(e) for paragraph 5 substitute—

“5.   Section 20(6) shall have effect as if after the words “sections 13 and 17” there were inserted the words “or with arrangements approved by the Board under section 50, or in compliance with the condition set out in paragraph 1 or, as the case may be, paragraph 5 of Schedule 2 to the Contracting-out (Transfer) Regulations 1985.””;

(f) in paragraph 6—

(i) for “Section 45” substitute “Chapter III of Part III”;

(ii) in paragraph (a) for “subsections (1) and (3)” and “section 44” substitute respectively “Sections 55(4) and 59(4) and (5)” and “section 50”;

(iii) in paragraph (b) for “subsections (1) and (2)” and “section 35(7)” in both places substitute respectively “sections 55(4)(c) and 58(6)(a)” and “section 16(2) and (3)”;

(iv) in paragraph (c) for “subsection (1)” substitute “section 55(5)”;

(v) in paragraph (d) for “subsection (1)” substitute “section 56(2)” and after “were” insert “in the case of a limited revaluation premium”;

(vi) in paragraph (e) for “subsection (3)” and “section 35(7)” in both places substitute respetively “section 59(4)” and “section 16(2) and (3)”;

(g) paragraph 7 is omitted;

(h) for paragraph 8 substitute—

“8.   Section 159 shall have effect as if subsection (1)(b) and (3) were omitted.”

(11) In Schedule 3A—

(a) for paragraph 1 substitute—

“1.   The definition of “guaranteed minimum pension” in section 8(2) shall have effect as if—

(a) after the words “sections 13 and 17” there were inserted the words “or in compliance with the condition set out in regulation 2A(4) of the Contracting-out (Transfer) Regulations 1985”; and

(b) at the end there were added the words “or of that condition.””;

(b) in paragraph 2 for “Section 35(1)”, “contracted-out employment” and “section 43(2A)(a)(ii)” substitute respectively “Section 14(1)”, “employment which is contracted-out” and “section 179(1)(a)(ii)”;

(c) for paragraph 3 substitute—

“3.   Section 16(4) shall have effect as if there were added at the end the words “but provision may be made for members as respects accrued rights transferred in accordance with regulation 2A of the Contracting-out (Transfer) Regulations 1985.””;

(d) for paragraph 4 substitute—

“4.   Section 20(6) shall have effect as if after the words “sections 13 and 17” there were inserted the words “or in compliance with the condition set out in regulation 2A(4) of the Contracting-out (Transfer) Regulations 1985.””;

(e) for paragraph 5 substitute—

“5.   Section 159 shall have effect as if subsection (1)(b) and (3) were omitted.”.

(1)

S.I. 1985/1323.