The Occupational Pension Schemes (Public Service Pension Schemes) Regulations 2009

Statutory Instruments

2009 No. 1907

Pensions

The Occupational Pension Schemes (Public Service Pension Schemes) Regulations 2009

Made

15th July 2009

Laid before Parliament

20th July 2009

Coming into force

1st September 2009

The Secretary of State for Work and Pensions and the Treasury jointly make the following Regulations in exercise of the powers conferred on them by sections 1(1) and 182(2) of the Pension Schemes Act 1993(1).

In accordance with section 185(1) and (5) of the Pension Schemes Act 1993, before making these Regulations the Secretary of State for Work and Pensions and the Treasury jointly have consulted such persons as they consider appropriate.

Citation and commencement

1.  These Regulations may be cited as the Occupational Pension Schemes (Public Service Pension Schemes) Regulations 2009 and shall come into force on 1st September 2009.

Schemes to be treated as public service pension schemes

2.  The Scottish Parliamentary Pension Scheme and the First Minister and Presiding Officer Pension Scheme are prescribed for the purposes of section 1(1) of the Pension Schemes Act 1993 as being schemes which ought in the opinion of the Secretary of State and the Treasury to be treated as public service pension schemes for the purposes of that Act.

Signed by authority of the Secretary of State for Work and Pensions

Angela Eagle

Minister of State,

Department for Work and Pensions

15th July 2009

We consent,

Tony Cunningham.

Frank Roy.

Two of the Lords Commissioners of Her Majesty’s Treasury

15th July 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide that the Scottish Parliamentary Pension Scheme and the First Minister and Presiding Officer Pension Scheme shall be treated for the purposes of the Pension Schemes Act 1993 (c.48) as public service pension schemes.

The Scottish Parliamentary Pension Scheme and the First Minister and Presiding Officer Pension Scheme were established by the Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999 (S.I. 1999/1082). Both of these pension schemes were continued by the Scottish Parliamentary Pensions Act 2009 (asp 1) (the “2009 Act”), which also makes further provision in relation to them. These Regulations ensure that both schemes continue to be treated as public service pension schemes further to the changes in the 2009 Act.

An impact assessment has not been published for this instrument as it has no impact on the private, public and voluntary sectors.

(1)

1993 c.48. Section 1(1) was amended by article 4 of S.I. 1999/1820, sections 239(1), (2) and (3) of the Pensions Act 2004 (c.35), sections 70 and 114 of the Finance Act 2007 (c.11), and regulation 2 of S.I. 2007/3014.