The Occupational Pension Schemes (Transfer Values) Regulations 1996

PART IE+W+S GENERAL

Citation, commencement and interpretationE+W+S

1.—(1) These Regulations may be cited as the Occupational Pension Schemes (Transfer Values) Regulations 1996 and shall come into force on 6th April 1997.

(2) In these Regulations, unless the context otherwise requires—

“the 1993 Act" means the Pension Schemes Act 1993;

“the 1995 Act" means the Pensions Act 1995;

[F1 “the 2004 Act” means the Pensions Act 2004; ]

[F2“actuary” means—

(a)

the actuary mentioned in section 47(1)(b) of the 1995 Act (professional advisers); or

(b)

in relation to a scheme to which that section does not apply—

(i)

[F3a Fellow of the Institute and Faculty of Actuaries; or]

(iii)

a person with other actuarial qualifications who is approved, at the request of the trustees of the scheme in question, by the Secretary of State as being a proper person to act for the purposes of these Regulations in connection with that scheme;]

“appropriate date" has the meaning given to that expression in section 97(3A) of the 1993 Act M1;

“base rate" has the meaning given to that expression in the Local Government Pension Scheme Regulations [F41997];

F5...

“cash equivalent" means a cash equivalent or guaranteed cash equivalent mentioned in section 93A(1) or 94(1) of the 1993 Act M2;

[F2“discount rates” means the interest rates used to discount future payments of benefit for the purposes of placing a current value on them;]

[F6“effective date” means the date as at which the assets and liabilities are valued for the purposes of the insufficiency report;]

“guarantee date" has the meaning given to that expression in section 93A(2) of the 1993 Act;

[F2“initial cash equivalent” means the amount calculated in accordance with regulation 7(1)(a);]

[F2“insufficiency report” means the actuary’s last relevant report before the guarantee date prepared in accordance with Schedule 1B (insufficiency reports);]

[F2“insufficiency report liabilities” has the meaning given in paragraph 7 of Schedule 1B;]

[F2“insurance policy” means an insurance policy which is a contract on human life or a contract of annuity on human life, but excluding a contract which is linked to investment funds;]

[F7“member” has the meaning given in section 124(1) of the 1995 Act (interpretation);]

F8...

“relevant date" has the meaning given to that expression in section 94(2) of the 1993 Act M3;

[F2“salary related benefits” means benefits that are not money purchase benefits;]

[F9“salary related scheme" has the meaning given in regulation 1A;]

“scheme", except in the expressions “personal pension scheme" and “receiving scheme", means occupational pension scheme;

F5...

“section 9(2B) rights" has the meaning given to that expression in the Contracting-out (Transfer and Transfer Payment) Regulations 1996 M4;

[F2“statement of entitlement” has the meaning given in section 93A(1) of the 1993 Act (salary related schemes: right to statement of entitlement);]

“trustees", in relation to a scheme which is not set up or established under a trust, means the managers of the scheme M5

and other expressions have the same meaning as in the 1993 Act.

Textual Amendments

Modifications etc. (not altering text)

C1 Reg. 1(2) modified by SI 2000/1052 reg. 5(2)(a)(i) (as substituted (1.10.2008) by Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 (S.I. 2008/1050), reg. 1(1), Sch. 2 para. 5(b))

C2 Reg. 1(2) modified by SI 2000/1052 reg. 5(2)(a)(ii) (as substituted (E.W.S.) (1.10.2008) by Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 (S.I. 2008/1050), reg. 1(1), Sch. 2 para. 5(b))

C3 Reg. 1(2) modified by SI 2000/1052 reg. 4(4)(a) (as substituted (1.10.2008) by Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 (S.I. 2008/1050), reg. 1(1), Sch. 2 para. 5(b))

C4 Reg. 1(2) modified by SI 2000/1054 reg. 24(2)(a) (as substituted (1.10.2008) by Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 (S.I. 2008/1050), reg. 1(1), Sch. 2 para. 7(c))

Marginal Citations

M1Section 97(3A) was inserted by paragraph 4(c) of Schedule 6 to the Pensions Act 1995.

M2Section 94(1) was amended by section 154(1) of the Pensions Act 1995.

M3Section 94(2) was amended by section 154(4) of the Pensions Act 1995.

M5 In relation to regulation 11, see also the Occupational Pension Schemes (Managers) Regulations 1986, S.I. 1986/1718.

[F10Salary related schemesE+W+S

1A.   For the purposes of Chapter IV of Part IV of the 1993 Act and these regulations an occupational pension scheme is salary related if it is not a money purchase scheme and it is not a scheme—

(a)the only benefits provided by which (other than money purchase benefits) are death benefits; and

(b)under the provisions of which no member has accrued rights (other than rights to money purchase benefits).]

Textual Amendments