The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) Order 2011

Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996

11.—(1) The Occupational Pension Schemes (Disclosure of Information) Regulations 1996(1) are amended as follows.

(2) In regulation 1(2) (interpretation)(2)—

(a) omit the definition of “mixed benefit contracted-out scheme”, and

(b) in the definition of “protected rights” insert at the end “as it had effect immediately prior to the abolition date”.

(3) In regulation 5 (information to be made available to individuals)(3), omit sub-paragraph (5A).

(4) In Schedule 1 (basic information about the scheme)(4), omit paragraphs 12A and 14.

(5) In Schedule 2 (information to be made available to individuals)(5)—

(a) in paragraph 6—

(i) for sub-paragraph (a) substitute—

“(a) The value of the member’s accrued rights under the scheme at the same or another specified date.”, and

(ii) in sub-paragraph (b) omit “(i) or (ii) or both”,

(b) omit paragraph 6A,

(c) in paragraph 8, after sub-paragraph (2)(6) add—

“(3) A statement that explains that the member’s protected rights will become ordinary scheme rights under pensions legislation from the date the scheme ceased to be a money purchase contracted-out scheme, and that where the member is married or has a civil partner, there is no longer a statutory requirement for the scheme to provide a survivor’s pension or annuity.”,

(d) omit paragraph 9, and

(e) for paragraph 10, substitute—

“10 An account of the amount by which the member’s accrued rights have been reduced, and of the action taken by the trustees, or which is open to the member to take, in order, so far as may be possible, to restore the value of his accrued rights under the scheme.”

(1)

S.I. 1996/1655.

(2)

The definition of “mixed benefit contracted-out scheme” was inserted by S.I. 1997/786.

(3)

Regulation 5(5A) was inserted by S.I. 1997/786.

(4)

Paragraph 12A was inserted by S.I. 1997/786.

(5)

Paragraph 6A was inserted by S.I. 1997/786.

(6)

Paragraph 8 is amended, and sub-paragraph (2) inserted, by regulation 8(4)(c) of S.I. 2011/1245.