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Occupational Pension Schemes (Contracting-out) Regulations 1996
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- UK Statutory Instruments
- 1996 No. 1172
- PART V
- Regulation 46
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Supervision of schemes that have ceased to contract out [F1before the second abolition date].E+W+S
46.—(1) Subject to such directions as the Secretary of State may give under section 53(1) of the 1993 Act (supervision of formerly contracted-out schemes) for the purposes of section 53(3) of the 1993 Act (requirement to discharge liabilities following issue of certificate of non-approval), [F2liabilities in respect of such entitlement or rights as are referred] to in section 52(2A)(a) F3 ... of the 1993 Act M1 must, subject to [F4paragraphs (2) and (4)], be transferred or discharged in the manner permitted by paragraph (2) of regulation 45 within 6 months of the date a certificate of non-approval under sub-section (2) of section 50 is issued, unless the certificate has been cancelled.
(2) In the case of a scheme where employment was contracted-out under section 9(2) of the 1993 Act (salary-related contracted-out scheme), the discharge may be arranged in accordance with the requirements of [F5regulation 3 and, in the case of a pension or accrued benefit under a relevant scheme, 11 of the Occupational Pension Schemes (Discharge of Liability) Regulations 1997], notwithstanding that a member’s pensionable service has not terminated and the scheme is not winding up.
F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Every active and deferred member with any entitlement to F7 ..., guaranteed minimum pensions or section 9(2B) rights under the scheme must be notified of the issue of the certificate of non-approval and the reasons for it and allowed a period of 3 months from the date of such notification in which he may elect to transfer any such rights before they are discharged.
Textual Amendments
F1Words in reg. 46 inserted (6.4.2016) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(b), 29(4)
F2 Words in reg. 46(1) substituted (6.4.1997) by The Occupational Pension Schemes (Reference Scheme and Miscellaneous Amendments) Regulations 1997 (S.I. 1997/819) , regs. 1(1) , 3(c)(i)
F3 Words in reg. 46(1) omitted (6.4.2012) by virtue of The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) Order 2011 (S.I. 2011/1246) , arts. 1(2)(a) , 8(10)(a)
F4 Words in reg. 46(1) substituted (6.4.2012) by The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) Order 2011 (S.I. 2011/1246) , arts. 1(2)(a) , 8(10)(a)
F5 Words in reg. 46(2) substituted (6.4.1997) by The Occupational Pension Schemes (Reference Scheme and Miscellaneous Amendments) Regulations 1997 (S.I. 1997/819) , regs. 1(1) , 3(c)(ii)
F6 Reg. 46(3) omitted (6.4.2012) by virtue of The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) Order 2011 (S.I. 2011/1246) , arts. 1(2)(a) , 8(10)(b)
F7 Words in reg. 46(4) omitted (6.4.2012) by virtue of The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) Order 2011 (S.I. 2011/1246) , arts. 1(2)(a) , 8(10)(c)
Marginal Citations
M1Section 52(2A) was inserted by paragraph 47 of Schedule 5 to the Pensions Act 1995.
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