Treatment in winding up
35.—(1) In Article 73 of the Pensions Order (treatment of rights on winding up of an occupational pension scheme to which Article 56 of that Order (minimum funding requirement) applies), in paragraph (3) (classification of liabilities), in sub-paragraph (c) (accrued rights), at the end of head (i) there shall be inserted—
“(ia)future pensions, or other future benefits, attributable (directly or indirectly) to pension credits (but excluding increases to pensions),”.
(2) In the case of an occupational pension scheme which is not a scheme to which Article 56 of the Pensions Order applies, rights attributable (directly or indirectly) to a pension credit are to be accorded in a winding up the same treatment—
(a)if they have come into payment, as the rights of a pensioner member, and
(b)if they have not come into payment, as the rights of a deferred member.
(3) Paragraph (2) overrides the provisions of a scheme to the extent that it conflicts with them, and the scheme has effect with such modifications as may be required in consequence.
(4) In paragraph (2)—
(a)“deferred member” and “pensioner member” have the same meanings as in Part II of the Pensions Order;
(b)“pension credit” includes a credit under section 29(1)(b) of the Welfare Reform Act;
(c)references to rights attributable to a pension credit having come into payment are to the person to whom the rights belong having become entitled by virtue of the rights to the present payment of pension or other benefits.