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Pension Schemes Act 1993

Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.

Change 1

What to do with it
As published

159 Inalienability of guaranteed minimum pension ....

(1) Where— (a) a person is entitled or prospectively entitled to a guaranteed minimum pension under an occupational pension scheme ... ; and (b) his entitlement is in respect of his or another person’s service in employment which was contracted-out by reference to that scheme; then— (i) every assignment of or charge on that pension ... , and (ii) every agreement to assign or charge that pension ... , shall be void. (2) In subsection (1), the references to assignments of and agreements to assign a guaranteed minimum pension do not include references to any assignment of or agreement to assign a policy of insurance or annuity contract in accordance with conditions prescribed by regulations under section 19(4)(b). (3) Subsection (1) has effect whether or not the assignment, charge or agreement was made at a time when the employment was contracted-out employment or the scheme was a contracted-out scheme in relation to the employment. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) Where a person is entitled or prospectively entitled as is mentioned in subsection (1), no order shall be made by any court the effect of which would be that he would be restrained from receiving anything the assignment of which is or would be made void by that subsection. (4B) Subsection (4A) does not prevent the making of an attachment of earnings order under the Attachment of Earnings Act 1971. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In the application of this section to Scotland— (a) references to assignment shall be construed as references to assignation and “assign” shall be construed accordingly; and (b) the reference to a person’s bankruptcy shall be construed as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980.

Your change, as a redline

159 Inalienability of guaranteed minimum pension ....

(1) Where— (a) a person is entitled or prospectively entitled to a guaranteed minimum pension under an occupational pension scheme ... ; and (b) his entitlement is in respect of his or another person’s service in employment which was contracted-out by reference to that scheme; then— (i) every assignment of or charge on that pension ... , and (ii) every agreement to assign or charge that pension ... , shall be void. (2) In subsection (1), the references to assignments of and agreements to assign a guaranteed minimum pension do not include references to any assignment of or agreement to assign a policy of insurance or annuity contract in accordance with conditions prescribed by regulations under section 19(4)(b). (3) Subsection (1) has effect whether or not the assignment, charge or agreement was made at a time when the employment was contracted-out employment or the scheme was a contracted-out scheme in relation to the employment. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) Where a person is entitled or prospectively entitled as is mentioned in subsection (1), no order shall be made by any court the effect of which would be that he would be restrained from receiving anything the assignment of which is or would be made void by that subsection. (4B) Subsection (4A) does not prevent the making of an attachment of earnings order under the Attachment of Earnings Act 1971. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In the application of this section to Scotland— (a) references to assignment shall be construed as references to assignation and “assign” shall be construed accordingly; and (b) the reference to a person’s bankruptcy shall be construed as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980.

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