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1. (1) These Regulations may be cited as the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996 and shall come into force on 6th April 1997.
(2) In these Regulations—
“the 1993 Act” means the Pension Schemes Act 1993(1);
“the Contracting-out Regulations” means the Occupational Pension Schemes (Contract ing-out) Regulations 1996(2);
“mixed benefit contracted-out scheme” means a scheme which is contracted-out by virtue of its being a relevant scheme;
“principal appointed day” has the same meaning as in section 7(2B) of the 1993 Act(3);
“section 9(2B) rights” has the same meaning as in the Contracting-out Regulations.
(3) An occupational pension scheme to which section 149(1) of the Pensions Act 1995 applies (referred to in these Regulations as “a relevant scheme”) is to be treated for the purposes of these Regulations as if the pensions provided by the scheme falling within paragraph (a) of that subsection, and the pensions provided by the scheme falling within paragraph (b) of that subsection, were provided by separate parts of the scheme; and references in these Regulations to a separate part of such a scheme are to be read accordingly.
(4) Any reference in these Regulations to the salary-related part or the money purchase part of a relevant scheme is a reference to the separate part providing such pensions as are referred to in paragraphs (a) and (b) respectively of that subsection.
(5) For the purposes of these Regulations a separate part of a relevant scheme is inactive if—
(a)any member has accrued rights by reference to that part; and
(b)no further benefits may accrue in respect of any member’s service by reference to that part.
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