Occupational Pension Schemes (Contracting-out) Regulations 1996
PART I PRELIMINARY
1 Citation, commencement and interpretation.
PART II CERTIFICATION OF EMPLOYMENTS
2 Making of elections for the issue of contracting-out certificates
3 Notices by employers of intended election.
4 Consultation with trade unions.
5 Time for making an election.
6 Information to be included in an election.
7 Amendment of an election.
8 Issue of contracting-out certificates.
9 Making of elections by employers for the variation or surrender of contracting-out certificates.
10 Special provision with regard to elections for the issue, variation or surrender of certificates where (before the second abolition date) the employment remains contracted-out.
11 Special circumstances in which the Secretary of State may determine earners to have been in contracted-out employment
12 Special provision for holding companies and subsidiaries
13 Special provision for public service pension schemes.
14 Special provision for holders of pensionable judicial office.
15 Further information and change of circumstances.
16 Requirement to confirm relevant requirements are satisfied.
PART III SALARY-RELATED CONTRACTED-OUT SCHEMES
17 Further contracting-out conditions for salary-related contracted-out schemes
18 Requirement as to resources of the scheme.
19 Lump sum benefits and salary-related contracted-out schemes.
20Payment of a lump sum instead of a pension payable under a relevant scheme
20ASuspension of section 9(2B) rights
21 Payable age in salary-related contracted-out schemes.
22 Each part of scheme to comply with section 12A of the 1993 Act.
23 Requirements for meeting the statutory standard.
24 Circumstances when actuary other than actuary appointed under section 47 of the 1995 Act may certify broad equivalence.
25 Requirements for a reference scheme.
26 Reference scheme: circumstances in which widows', widowers' or surviving civil partners' pensions need not be payable
27 Modification applying to public service pension schemes.
28 Service in a salary-related contracted-out scheme that does not qualify for further benefits
29 Schemes which cannot be certified under section 9(2B) of the 1993 Act.
PART IV MONEY PURCHASE CONTRACTED-OUT SCHEMES
30Further contracting-out requirements for money purchase contracted-out schemes
31 Deduction of minimum payments from earnings.
32 Minimum payments to be made by employers to trustees.
33 Calculation of minimum payments.
34 Manner of calculation or estimation of earnings.
35 Manner of payment of the age-related payment.
36 Verification of age.
37 Circumstances in which the age-related payments are not to be paid.
38 Adjustment of the amount of the age-related payment.
39 Circumstances in which schemes may change mode of contracting-out.
40 Schemes which may not be contracted-out under section 9(3) of the 1993 Act.
PART V FURTHER REQUIREMENTS (ALL SCHEMES) AND OVERSEAS SCHEMES
41 Provision of information as to resources.
42 Alteration of rules of contracted-out schemes.
43 Termination of periods of contracted-out employment.
44 Notifications to the Secretary of State.
45 Approval of arrangements for schemes ceasing to be contracted-out.
46 Supervision of schemes that have ceased to contract out before the second abolition date.
47 Circumstances in which the Secretary of State may vary or cancel a contracting-out certificate.
48 Special provision for overseas schemes.
PART VI RESTORATION OF STATE SCHEME RIGHTS
49 Insolvent schemes.
50 Member to be informed of the option to restore state scheme rights.
50APersons to be regarded as members
51 Contributions equivalent premiums
52 Payment of a contributions equivalent premium.
53 Payment in lieu of benefit and delay in refund for the purposes of employer’s right of recovery.
54 Refund of a contributions equivalent premium.
PART VII GUARANTEED MINIMUM PENSIONS
55 Scheme rules about guaranteed minimum pensions
56 Special provision for revaluation of guaranteed minimum pensions secured by insurance policies or annuity contracts.
57 Circumstances for the purposes of section 17(6) of the 1993 Act in which widower’s, widow’s or surviving civil partner's guaranteed minimum pension is to be payable.
58 Period for the purposes of section 17(6) of the 1993 Act for which widower’s, widow’s or surviving civil partner's guaranteed minimum pension is to be payable.
59 Statutory references to persons entitled to guaranteed minimum pensions application to widowers, widows of female earners and surviving civil partners
60 Payment of a guaranteed minimum pension as a lump sum
61 Suspension and forfeiture of guaranteed minimum pensions.
62 Fixed rate revaluation of guaranteed minimum pensions for early leavers.
63 Provision of information about guaranteed minimum pensions.
64 Meaning of expression “connected employer".
65 Modification of section 16 of the 1993 Act.
66 Circumstances in which the modifications to the 1993 Act set out in regulation 65 apply.
67 Modification of section 51(1) of the 1993 Act in relation to revaluation and schemes which have ceased to be contracted-out.
68 Additional modifications relating to transfers and increases of earnings factors by 12 per cent..
69 Miscellaneous provisions affecting section 51 of the 1993 Act.
69AConversion of guaranteed minimum pensions into other benefits: actuarial equivalence
69BConversion of guaranteed minimum pensions into other benefits: survivors’ benefits
PART VIII TRANSITIONAL ARRANGEMENTS AND SAVINGS
70 Transitional arrangements for certification of schemes.
71 Elections for replacement certificates by salary-related schemes during transitional period.
72 Transitional requirements as to sufficiency of resources of salary-related schemes.
73 Transitional arrangements and savings for salary-related schemes which have begun winding up before the principal appointed day.
74 Transitional arrangements in relation to the powers of the Secretary of State to approve arrangements for schemes ceasing to contract out before the principal appointed day.
75 Transitional modifications to sections 35 and 36 of the 1993 Act.
76 Prevention of recovery by employers of Class 1 contributions where certificate cancelled under section 36(3) of the 1993 Act.
76ATransitional arrangements for schemes contracted-out under section 9(2) of the 1993 Act to become contracted-out under section 9(3) of that Act
76B Former requirements for consent for alterations of rules
77 Savings in respect of State Scheme Premiums.
PART IX REVOCATIONS
78 Revocations.
SCHEDULE 1 PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS
SCHEDULE 2 REVOCATIONS
SCHEDULE 3Further requirements for meeting the statutory standard
1The actuary must complete a reference scheme test certificate.
2The reference scheme test certificate must— (a) certify whether in...
3The actuary must— (a) send the completed reference scheme test...
4Where the actuary is sending the first reference scheme test...
5(1) Where the employer asks the actuary to advise whether...
6Where the scheme calculates pensions by different methods for different...
7The actuary must not complete a reference scheme test certificate...
8Where an employer asks for a separate reference scheme test...
9Where— (a) an employer has two or more schemes, and...
10The actuary must use any information about the earner’s remuneration...
11Where— (a) the actuary is satisfied that the information about...
12(1) This paragraph applies where, on the effective date, the...
13(1) The pensions provided under the scheme for the purposes...
14(1) For the purposes of carrying out the comparison under...
15(1) For the purposes of carrying out the comparison under...
16(1) Subject to sub-paragraph (2), this paragraph applies in each...
17In this Schedule— “accrual rate” means the rate at which,...

1996 No. 1172

PENSIONS

Occupational Pension Schemes (Contracting-out) Regulations 1996

Made

Laid before Parliament

Coming into force

The Secretary of State for Social Security in exercise of the powers set out in Schedule 1 and of all other powers enabling him in that behalf, after agreement with the Occupational Pensions Board that certain proposals within these Regulations need not be referred to it, by this instrument, which otherwise contains regulations made for the purpose of consolidating regulations revoked herein and regulations which are consequential upon enactments contained in Part III of the Pensions Act 1995F1 and are made before the end of the period of 6 months beginning with the coming into force of the enactments of that Part by virtue of which they are madeF2, hereby makes the following Regulations:

Annotations:
Amendments (Textual)
F2

Seesection 185 of the Pension Schemes Act 1993 (c.48) and section 173 of the Social Security Administration Act 1992 (c.5), under which the requirement to consult does not apply where regulations are made only for the purpose of consolidating other regulations revoked by them or which are consequential upon a specified enactment and made before the end of six months from the coming into force of that enactment or where the Occupational Pensions Board agrees that regulations need not be referred to it.