The Postal Services Act 2011 (Transfer of Accrued Pension Rights) Order 2012

3.—(1) An RMPP Restricted Modification (other than a modification within paragraph (a) of the definition of “RMPP Restricted Modification”) may be made to the RMSPS by the Secretary of State if the modification satisfies either (a) or (b) below—

(a) The modification—

(i) is required to reflect legislative requirements that have overriding effect in relation to the RMSPS (and are not otherwise reflected in the RMSPS Rules);

(ii) is required to include in the RMSPS Rules any provision which those rules do not contain but which they must contain if that scheme is to conform with legislative requirements (where those legislative requirements apply but do not have overriding effect in relation to the RMSPS);

(iii) were it being made under the RMPP, could have been made by trustee resolution under either section 68 of the Pensions Act 1995 or section 24G of the Pension Schemes Act 1993 provided that, in each case, the Secretary of State complies with any procedural requirements relevant to the resolution which would have had to be complied with by the trustee of the RMPP were the modification being made under that scheme; or

(iv) is an Equivalent Correction.

(b) The following requirements are satisfied in respect of the modification in the case of each Affected Member —

(i) the Consent Requirements; and

(ii) the Reporting Requirement.

(2) If the RMPP Restricted Modification is also a Regulated Modification, the requirements of paragraph 2 must be satisfied if the modification is to be made.