Regulation 2 amends regulation 36 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 (S.I. 2010/772).

Paragraph (2) amends regulation 36(2) so as to provide that an average salary scheme where the trustees have a discretionary power in revaluing accrued benefits during pensionable service is not a qualifying scheme under section 16 of the Pensions Act 2008 (c. 30). Revaluation protects the value of the accrued benefits against the effects of inflation. However, where both the scheme’s funding and statement of funding principles take account of the exercise of the discretionary power in providing for revaluation at or above the minimum rate, the scheme is not prevented from being a qualifying scheme.

Paragraph (3) makes amendments so that all average salary schemes may revalue by reference to the retail prices index, the general level of prices or 2.5%, whichever is the least or lower. Paragraph (4) makes minor corrections.

A full impact assessment has not been published for this instrument because it has a zero impact on business and civil society organisations.