Part 2

Royal Mail Pension Plan

Powers exercisable

Protection against adverse treatment
20
1
Subsection (2) applies to ...—
a
the exercise by the Minister for the Civil Service or the Secretary of State of the power to make an order under section 17 in a case where the order contains provision establishing a new public scheme or transferring qualifying accrued rights to a new public scheme, and
b
the exercise by the Secretary of State of the power to make an order under section 18 or 19.
2
In exercising the power the Minister making the order must ensure that the relevant pensions provision in respect of each person who is or has been a member of the RMPP is, in all material respects, at least as good immediately after the exercise of the power as it is immediately before the exercise of the power.
3
“The relevant pensions provision” means the provision for the payment of pensions or other benefits which is contained in the RMPP or in a new public scheme.
4
Subsections (1) to (3) do not require provision to be included in a new public scheme if the Minister making the order is of the opinion that the provision would be incompatible with any enactment or assimilated obligation (including any enactment applying as a result of any provision made under this Part).
5
Nothing in subsections (1) to (3) is to be read as—
a
requiring particular provisions of the RMPP or a new public scheme to take the same or similar form,
b
requiring a new public scheme to be established in a particular way,
c
requiring any power or duty conferred or imposed by the RMPP or a new public scheme to be exercised or performed in a particular way, or
d
affecting any power of any person to amend the RMPP or a new public scheme.
6
The power of the Minister for the Civil Service or the Secretary of State to amend a new public scheme may not be exercised in any manner which would or might adversely affect any provision of the scheme made in respect of qualifying accrued rights unless—
a
the consent requirements are satisfied in respect of the exercise of the power in that manner, or
b
the scheme is amended in the prescribed manner.
7
The consent requirements are those prescribed for the purpose of obtaining the consent of members of the scheme to its amendment.
S. 20 in force at 1.10.2011 by S.I. 2011/2329, art. 3
S. 20 functions made exercisable concurrently (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 2(2)(a)(iii) (with art. 4)
Words in s. 20(1) omitted (2.4.2014) by virtue of The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(a)(i) (with art. 4)
Words in s. 20(1)(a) inserted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(a)(ii) (with art. 4)
Words in s. 20(1)(b) inserted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(a)(iii) (with art. 4)
Words in s. 20(2) substituted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(b) (with art. 4)
Words in s. 20(4) substituted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(b) (with art. 4)
Words in s. 20(6) inserted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(c) (with art. 4)
Word in s. 20(4) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 73(2)