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The Occupational Pension Schemes (Cross-border Activities) Regulations 2005

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This is the original version (as it was originally made).

Modifications of pensions legislation in relation to European members of cross-border schemes

This section has no associated Explanatory Memorandum

14.—(1) Where a cross-border scheme is not a pre-23rd September 2005 scheme, the provisions of the 1993 Act and the 1995 Act which are listed in paragraph 2, 3 or 4 of Schedule 2 shall be modified in their application to that scheme as if—

(a)the European members of that scheme, and

(b)any European survivors,

were excluded from the application of those provisions in respect of any accrued European rights.

(2) Where a cross-border scheme is a pre-23rd September 2005 scheme, the provisions of the 1993 Act and the 1995 Act which are listed in paragraph 2 or 4 of Schedule 2 shall be modified in their application to that scheme as if—

(a)the European members who were such members of that scheme on the commencement date; and

(b)any European survivors of such European members,

were excluded from the application of those provisions in respect of any accrued European rights.

(3) Where a cross-border scheme is a pre-23rd September 2005 scheme, the provisions of the 1993 Act and the 1995 Act which are listed in paragraph 2, 3 or 4 of Schedule 2 shall be modified in their application to that scheme as if—

(a)the European members who became such members of the scheme after the commencement date, and

(b)any European survivors of such European members,

were excluded from the application of those provisions in respect of any accrued European rights.

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