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The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997

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The Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996E+W+S

9.—(1) The Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 M1 shall have effect with the following amendments.

(2) In regulation 1(2) for the definition of “section 9(2B) rights" substitute—

“section 9(2B) rights" are—

(a)rights to the payment of pensions and accrued rights to pensions (other than rights attributable to voluntary contributions) under a scheme contracted-out by virtue of section 9(2B) of the 1993 Act, so far as attributable to an earner’s service in contracted-out employment on or after the principal appointed day; and

(b)where a transfer payment has been made to such a scheme, any rights arising under the scheme as a consequence of that payment which are derived directly or indirectly from—

(i)such rights as are referred to in sub-paragraph (a) under another scheme contracted-out by virtue of section 9(2B) of that Act; or

(ii)protected rights under another occupational pension scheme or under a personal pension scheme attributable to payments or contributions in respect of contracted-out employment on or after the principal appointed day;.

(3) In regulation 3—

(a)in paragraph (b) for the words “by virtue of section 19 of the 1993 Act" substitute the words “ by a transaction to which Part III of the Occupational Pension Schemes (Discharge of Liability) Regulations 1997 applies ”; and

(b)in paragraph (e) for the words “regulation 14(3) of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988" substitute the words “ regulation 12(5) of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 ”.

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