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

PART I OCCUPATIONAL PENSIONS LEGISLATION APPLICABLE TO RMPS

Interpretation

1.  The provisions referred to in article 9 are those set out in Part 1 of this Schedule and the secondary legislation made under them from time to time.

Matrimonial Causes Act 1973

2.  The following provisions of the Matrimonial Causes Act 1973(1)—

(a) section 24B (Pension sharing orders in connection with divorce proceedings etc);

(b) section 24C (Pension sharing orders: duty to stay);

(c) section 24D (Pension sharing orders: apportionment of charges);

(d) section 25B (Pensions);

(e) section 25C (Pensions: lump sum); and

(f) section 25D (Pensions: supplementary).

Matrimonial Causes (Northern Ireland) Order 1978

3.  The following provisions of the Matrimonial Causes (Northern Ireland) Order 1978(2)—

(a) Article 23A (Pension sharing orders);

(b) Article 27B (Pensions);

(c) Article 27C (Pensions: lump sums); and

(d) Article 27D (Pensions: supplementary).

Family Law (Scotland) Act 1985

4.  The following provisions of the Family Law (Scotland) Act 1985)(3)—

(a) section 8 (Orders for financial provision);

(b) section 8A (Pension sharing orders: apportionment of charges); and

(c) section 12A (Orders for payment of capital sum: pensions lump sums).

Pension Schemes Act 1993

5.  The following provisions of the Pension Schemes Act 1993(4)—

(a) Chapter IV of Part IV (Transfer Values). For these purposes, Chapter IV of Part IV shall apply to the RMSPS on the basis that it is a scheme to which regulation 7B(6) of The Occupational Pensions Schemes (Transfer Values) Regulations 1996(5) applies;

(b) Chapter I of Part IVA (Pension Credit Under Occupational Schemes);

(c) section 113 (Disclosure of information about schemes to members etc); and

(d) Part X (Investigations: the Pensions Ombudsman).

Pensions Act 1995

6.  The following provisions of the Pensions Act 1995(6)—

(a) section 50 (Requirement for dispute resolution arrangements);

(b) section 50A (Meaning of “person with an interest in the scheme”);

(c) section 50B (The dispute resolution procedure);

(d) section 51 (Annual increase in rate of pension);

(e) section 51ZA (Meaning of “the appropriate percentage”);

(f) section 52 (Restriction on increase where member is under 55);

(g) section 53 (Effect of increases above the statutory requirement); and

(h) section 54 (Sections 51 to 53: supplementary).

Welfare Reform and Pensions Act 1999

7.  The following provisions of the Welfare Reform and Pensions Act 1999(7)—

(a) section 11 (Effect of bankruptcy on pension rights: approved arrangements);

(b) section 13 (Sections 11 and 12: application to Scotland);

(c) section 23 (Supply of pension information in connection with divorce etc);

(d) section 24 (Charges by pension arrangements in relation to earmarking orders); and

(e) Part IV (Pension Sharing).

Welfare Reform and Pensions (Northern Ireland) Order 1999

8.  The following provisions of the Welfare Reform and Pensions (Northern Ireland) Order 1999(8)—

(a) article 12 (Effect of bankruptcy on pension rights: approved arrangements);

(b) Part IV (Pensions on Divorce etc); and

(c) Part V (Pension Sharing).

Civil Partnership Act 2004

9.  The following provisions of the Civil Partnership Act 2004(9)—

(a) Part 6 of Schedule 5 (Financial Relief in the High Court or a County Court); and

(b) Part 5 of Schedule 15 (Financial Relief in the High Court or a County Court etc: Northern Ireland).

Equality Act 2010

10.  The following provisions of the Equality Act 2010(10)—

(a) Chapter 2 of Part 5 (Occupational pension schemes);

(b) paragraphs 1 and 2 of Schedule 22 (Statutory provisions);

(c) paragraph 1 of Schedule 23 (General exceptions); and

(d) Schedule 24 (Harmonisation: exceptions).

(1)

1973 c.18. Relevant amendments made by Pensions Act 1995, s 166(1), Welfare Reform and Pensions Act 1999, section 21 and Schedule 4.

(2)

S.I. 1978/1045 (N.I. 15).

(3)

1985 c.37.

(4)

1993 c.48.

(5)

S.I 1996/1847. Relevant amendments made by S.I. 2008/2450 reg 3.

(6)

1995 c.26. Relevant amendments made by the Pensions Act 2004, sections 273 and 278.

(7)

1999 c.30.

(8)

1999/3147 (N.I. 11).

(9)

2004 c.33

(10)

2010 c.15.