(1) For the purpose of giving effect—
(a) to any agreement with the government of a country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of this Act, or
(b) to any such agreement as it would be if it were altered in accordance with proposals to alter it which, in consequence of any change in the law of Great Britain, the government of the United Kingdom has made to the other government in question,
Her Majesty may by Order in Council make provision for modifying or adapting this Act in its application to cases affected by the agreement or proposed alterations.
(2) An Order in Council made by virtue of subsection (1) may, instead of or in addition to making specific modifications or adaptations, provide generally that this Act shall be modified to such extent as may be required to give effect to the provisions contained in the agreement or, as the case may be, alterations in question.
(3) The modifications of this Act which may be made by virtue of subsection (1) include provision—
(a) for securing that acts, omissions and events having effect for the purposes of the law of the country in respect of which the agreement is made have a corresponding effect for the purposes of this Act (but not so as to confer a right to a double benefit);
(b) for determining in cases where rights accrue both under this Act and under the law of that country, which of those rights is to be available to the person concerned; and
(c) for making any necessary financial adjustments.
(4) An Order in Council made by virtue of subsection (1) which modifies or adapts any of the provisions referred to in section 164 may, in particular, provide for the Secretary of State to make payments for any period beginning on or after 6th April 1987 and may make provision with respect to any matters relating to payments so made.
(5) References in this section to this Act do not include references to ... Chapter I of Part IV, Chapter II of Part VII, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections ... 153(2), 157, 158(1) to (5), 161, 162, 163, ... and 176....
167 Application of general provisions relating to administration of social security.
(1) The Social Security Administration Act 1992 shall apply as if references to that Act in the provisions mentioned in subsection (2) included references to the provisions referred to in section 164(1)(b) of this Act (in this section referred to as “the relevant provisions”).
(2) The provisions referred to in subsection (1) are the following provisions of the Social Security Administration Act 1992—
section 116 (legal proceedings)
section 125 (regulations as to notification of deaths)
...
section 180 (payment of travelling expenses by the Secretary of State).
section 180A (payment of travelling expenses by Inland Revenue).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Sections 124 to 124B of the Social Security Administration Act 1992 (provisions relating to age, death, marriage and civil partnership) shall apply as if information for the purposes mentioned in section 124(1) of that Act included information for the purposes of the relevant provisions.
(6) Section 121 of the Social Security Contributions and Benefits Act 1992 (treatment of certain marriages) shall apply to the relevant provisions.
(1) Regulations under any provision of this Act (other than Chapter II of Part VII) may make such provision as is referred to in subsection (2) or (4) for the contravention of any provision contained in regulations made or having effect as if made under any provision of this Act.
(2) The regulations may provide for the contravention to be an offence under this Act and for the recovery on summary conviction of a fine not exceeding level 5 on the standard scale.
(3) An offence under any provision of the regulations may be charged by reference to any day or longer period of time; and a person may be convicted of a second or subsequent offence under such a provision by reference to any period of time following the preceding conviction of the offence.
(4) The regulations may provide for a person who has contravened the provision to be required by notice in writing to pay to the Regulatory Authority, within a prescribed period, a penalty not exceeding an amount specified in the regulations; and the regulations must specify different amounts in the case of individuals from those specified in other cases and any amount so specified may not exceed the amount for the time being specified in the case of individuals or, as the case may be, others in section 10(2)(a) of the Pensions Act 1995.
(5) Regulations made by virtue of subsection (4) do not affect the amount of any penalty recoverable under that subsection by reason of an act or omission occurring before the regulations are made.
(6) Where—
(a) apart from this subsection, a penalty under subsection (4) is recoverable from a body corporate or Scottish partnership by reason of any act or omission of the body or partnership as a trustee of a trust scheme, and
(b) the act or omission was done with the consent or connivance of, or is attributable to any neglect on the part of, any persons mentioned in subsection (7),
such a penalty is recoverable from each of those persons who consented to or connived in the act or omission or to whose neglect the act or omission was attributable.
(7) The persons referred to in subsection (6)(b)—
(a) in relation to a body corporate, are—
(i) any director, manager, secretary, or other similar officer of the body, or a person purporting to act in any such capacity, and
(ii) where the affairs of a body corporate are managed by its members, any member in connection with his functions of management, and
(b) in relation to a Scottish partnership, are the partners.
(8) Where the Regulatory Authority requires any person to pay a penalty by virtue of subsection (6), they may not also require the body corporate, or Scottish partnership, in question to pay a penalty in respect of the same act or omission.
(9) A penalty under subsection (4) is recoverable by the Authority and any such penalty recovered by the Authority must be paid to the Secretary of State.
(10) Where by reason of the contravention of any provision contained in regulations made, or having effect as if made, under this Act—
(a) a person is convicted of an offence under this Act, or
(b) a person pays a penalty under subsection (4),
then, in respect of that contravention, he shall not, in a case within paragraph (a), be liable to pay such a penalty or, in a case within paragraph (b), be convicted of such an offence.
(11) In this section “contravention” includes failure to comply, and “Scottish partnership” means a partnership constituted under the law of Scotland.
(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(1) Section 2 (use of computers) of the Social Security Act 1998 (“the 1998 Act”) applies as if, for the purposes of subsection (1) of that section, this Act were a relevant enactment.
(2) It shall be for an officer of the Inland Revenue—
(a) to make any decision that falls to be made under or by virtue of Part III of this Act, other than a decision which under or by virtue of that Part falls to be made by the Secretary of State;
(b) to decide any issue arising in connection with payments under section 7 of the Social Security Act 1986 (occupational pension schemes becoming contracted-out between 1986 and 1993); and
(c) to decide any issue arising by virtue of regulations made under paragraph 15 of Schedule 3 to the Social Security (Consequential Provisions) Act 1992 (continuing in force of certain enactments repealed by the Social Security Act 1973).
(3) In the following provisions of this section a “relevant decision” means any decision which under subsection (2) falls to be made by an officer of the Inland Revenue, other than a decision under section 53 ... .
(4) Sections 9 and 10 of the 1998 Act (revision of decisions and decisions superseding earlier decisions) apply as if—
(a) any reference in those sections to a decision of the Secretary of State under section 8 of that Act included a reference to a relevant decision; and
(b) any other reference in those sections to the Secretary of State were, in relation to a relevant decision, a reference to an officer of the Inland Revenue.
(5) Regulations may make provision—
(a) generally with respect to the making of relevant decisions;
(b) with respect to the procedure to be adopted on any application made under section 9 or 10 of the 1998 Act by virtue of subsection (4); and
(c) generally with respect to such applications, revisions under section 9 and decisions under section 10;
but may not prevent a revision under section 9 or decision under section 10 being made without such an application.
(6) Section 12 of the 1998 Act (appeal to First-tier Tribunal) applies as if, for the purposes of subsection (1)(b) of that section, a relevant decision were a decision of the Secretary of State falling within Schedule 3 to the 1998 Act.
(7) The following provisions of the 1998 Act (which relate to decisions and appeals)—
sections 13 to 18,
sections 25 and 26,
section 28, and
Schedules 4 and 5,
shall apply in relation to any appeal under section 12 of the 1998 Act by virtue of subsection (6) above as if any reference to the Secretary of State were a reference to an officer of the Inland Revenue.
(1) Where in any proceedings—
(a) for an offence under this Act; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any relevant decision as defined by section 170(3) is made by the Inland Revenue, the decision shall be conclusive for the purpose of the proceedings.
(2) If—
(a) any such decision is necessary for the determination of the proceedings, and
(b) the decision of the Inland Revenue has not been obtained or an application with respect to the decision has been made under section 9 or 10 of the Social Security Act 1998,
the decision shall be referred to the Inland Revenue to be made in accordance (subject to any necessary modifications) with Chapter II of Part I of that Act.
(3) Subsection (1) does not apply where, in relation to the decision—
(a) an appeal has been brought but not determined,
(b) an application for leave to appeal has been made but not determined,
(c) an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired, or
(d) an application has been made under section 9 or 10 of that Act.
(4) In a case falling within subsection (3) the court shall adjourn the proceedings until such time as the final decision is known and that decision shall be conclusive for the purposes of the proceedings.
(1) The Inland Revenue shall prepare, either annually or at such times or intervals as may be prescribed, a report on the standards achieved by their officers in the making of decisions against which, by virtue of section 170(6), an appeal lies to the First-tier Tribunal.
(2) Any report under this section—
(a) may be included in any annual report by the Inland Revenue of which a copy is laid before each House of Parliament, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A copy of every report under this section shall be laid before each House of Parliament, unless the report is included in ... a report of which a copy is so laid.
(1) The Regulatory Authority may make grants on such terms and conditions as they think fit to any person or body of persons providing advice or assistance, or carrying out other prescribed functions, in connection with occupational or personal pensions.
(2) The Secretary of State may pay the Regulatory Authority such sums as he may think fit towards any expenditure of theirs in making grants under this section.
(3) The Secretary of State may make grants on such terms and conditions as the Secretary of State thinks fit to any person or body of persons providing advice or assistance, or carrying out other prescribed functions, in connection with occupational or personal pensions.
(1) For the purpose of meeting expenditure—
(a) under section 6,
(b) under Part X and section 174, ...
(c) of the Regulatory Authority (including the establishment of the Authority under the Pensions Act 2004), ...
(d) of the Lord Chancellor in meeting the costs of the legal assistance scheme established by virtue of section 106 of the Pensions Act 2004 (legal assistance in connection with proceedings before a tribunal in relation to a decision of the Pensions Regulator), ...
(da) of the Secretary of State under section 209(6) of the Pensions Act 2004 (payments to PPF Ombudsman), or
(e) under section 11 of the Financial Guidance and Claims Act 2018 (financial assistance from Secretary of State) relating to the Money and Pensions Service’s pensions guidance function (see section 3 of that Act),
regulations may make provision for imposing levies in respect of prescribed occupational or prescribed personal pension schemes.
(2) Any levy imposed under subsection (1) is payable to the Secretary of State by or on behalf of—
(a) the administrators of any prescribed public service pension scheme,
(b) the trustees or managers of any other prescribed occupational or prescribed personal pension scheme, or
(c) any other prescribed person,
at prescribed rates and at prescribed times.
(3) Regulations made by virtue of subsection (1)—
(a) in determining the amount of any levy in respect of the Regulatory Authority, must take account (among other things) of —
(i) any amounts paid to the Secretary of State under section 168(4) of this Act or section 10 of the Pensions Act 1995 (civil penalties), and
(ii) any fees paid to the Authority under paragraph 25 of Schedule 1 to the Pensions Act 2004 (fees for certain applications), and
(b) in determining the amount of expenditure in respect of which any levy is to be imposed, may take one year with another and, accordingly, may have regard to expenditure estimated to be incurred in current or future periods and to actual expenditure incurred in previous periods (including periods ending before the coming into force of this subsection).
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(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) An amount payable by a person on account of a levy imposed under this section shall be a debt due from him to the Secretary of State, and an amount so payable shall be recoverable by the Secretary of State accordingly or, if the Secretary of State so determines, by the Regulatory Authority on his behalf.
(9) Without prejudice to the generality of subsection (1), regulations under this section may include provision relating to—
(a) the collection and recovery of amounts payable by way of levy under this section, or
(b) the circumstances in which any such amount may be waived.
Where at the request of the trustees or managers of an occupational pension scheme or a personal pension scheme or of any employer of earners who are members of such a scheme, official services are provided in connection with the operation or administration of the scheme by the Secretary of State, the Secretary of State may require the payment of fees for the provision of those services.
(1) Subject to the following provisions of this section, all expenses incurred by the Secretary of State or the Inland Revenue under this Act shall be paid out of money provided by Parliament except so far as they may be required by any enactment to be paid or borne in some other way.
(2) There shall be paid out of the National Insurance Fund—
(za) payments by the Inland Revenue under section 41(1D) or section 42A(2C) or (3);
(a) minimum contributions paid by the Inland Revenue under section 43;
(b) payments by the Secretary of State under section 124.
(3) Subject to subsection (4), there shall be paid out of the National Insurance Fund into the Consolidated Fund—
(a) sums equal to the amount of any expenses incurred by the Secretary of State (or by persons acting on his behalf) in exercising his functions under Chapter II of Part VII and section 157;
(b) such sums as the Secretary of State may estimate to be the amount of the administrative expenses of the Secretary of State or any government department in carrying into effect the remaining provisions of this Act, other than—
(i) ... Chapter I of Part IV and Part VIII so far as it applies for the purposes of that Chapter, sections ... 153(2), 158(1) to (5), 162, 163, ...and 176...;
(ii) sections 31, 33, 117, 154 and 155; and
(iii) sections 160 and 166.
(c) such sums as the Inland Revenue may estimate to be the amount of their administrative expenses in exercising their functions under Part III.
(4) The sums payable under subsection (3)(b)—
(a) shall be estimated in accordance with any directions given by the Treasury and (except in the case of functions relating to minimum contributions) shall exclude such categories of expenses as the Treasury may direct, or any enactment may require, to be so excluded; and
(b) shall be payable at such times and in such manner as the Treasury may direct.
(5) There shall be paid into the Consolidated Fund—
(a) subject to subsection (6), so far as it relates to payments out of money provided by Parliament, any sum recovered by the Secretary of State or the Inland Revenue under or by virtue of the provisions within subsection (3)(b)(ii); ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) So far as any such sum relates to a payment out of the National Insurance Fund, it shall be paid into that Fund.
(7) There shall also be paid into the National Insurance Fund—
(a) sums recovered under section 41(1E), 42A(2D) or (5) or 43(5) or (6);
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) any sum recovered by the Secretary of State in exercising any right or pursuing any remedy which is his by virtue of section 127; and
(d) any sums received by the Inland Revenue by way of such payments as are mentioned in paragraph 5(4) of Schedule 2.
The Secretary of State may by regulations provide—
(a) who is to be treated as a manager of an occupational pension scheme for any of the purposes of the provisions of this Act (except Chapter II of Part VII or section 157), the Social Security Acts 1975 to 1991, or Part VI of the Social Security Administration Act 1992 ... , section 25D of the Matrimonial Causes Act 1973, section 12A of the Family Law (Scotland) Act 1985 or , Part III or IV of the Welfare Reform and Pensions Act 1999 ... ; ...
(b) who is to be treated as a trustee of a scheme for the purposes of ... Chapter I of Part IV, Part VIII so far as it applies for the purposes of Chapter I of Part IV, Chapter I of Part IVA, sections ... 153(2), 158(1) to (5), 162, 163, ...and 176 ... or sections 22 to 26 of the Pensions Act 1995.
(1) Subject to subsections (2) to (4), for the purposes of this Act any period of an earner’s service in an employment is linked qualifying service in relation to a later period of service (whether in the same or another employment) if—
(a) under Chapter 1 or 2 of Part 4ZA or under the rules of a scheme applying to him in the earlier period of service—
(i) there was made a transfer of his rights (including any transfer credits allowed) under that scheme, or a transfer payment in respect of those rights, to, or to the trustees or managers of, another scheme applying to him in the later period of service;
(ii) those rights were secured by a policy of insurance or an annuity contract and were subsequently transferred to another scheme applying to him in the later period of service; or
(iii) a cash equivalent (within the meaning of Chapter 1 of Part 4ZA) or cash transfer sum (within the meaning of Chapter 2 of that Part) was paid in respect of him to the trustees or managers of another scheme applying to him in the later period of service; and
(b) in consequence of the transfer of his accrued rights to the second scheme, or the payment to the trustees or managers of that scheme, there are (or were) allowed to him transfer credits under the rules of that other scheme.
(2) For any service to be taken into account as linked qualifying service, it must be actual service and no regard shall be had to any scheme rule which provides for service to be treated for any purposes of benefit or otherwise as longer or shorter than it actually was.
(3) Only so much of the earlier period as is a period of service in respect of which there accrued under the first scheme any of the rights transferred to the second scheme shall be linked qualifying service in relation to the later period of service.
(4) For the purposes of Chapter I of Part IV, as respects any case where the rules of the scheme provide—
(a) that an earner is not entitled to become a member unless he satisfies specified conditions, but
(b) that, if he becomes a member, rights are to accrue to him in respect of periods of service before he satisfied any such conditions,
regulations may provide for any such periods to be treated, in such cases and to such extent as may be prescribed, as linked qualifying service with later periods of service.
(1) In this Act “normal pension age”, in relation to a scheme and a member’s pensionable service under it, means—
(a) in a case where the scheme provides for the member only a guaranteed minimum pension, the earliest age at which the member is entitled to receive the guaranteed minimum pension on retirement from any employment to which the scheme applies; and
(b) in any other case, the earliest age at which the member is entitled to receive benefits (other than a guaranteed minimum pension) on his retirement from such employment.
(2) For the purposes of subsection (1) any scheme rule making special provision as to early retirement on grounds of ill-health or otherwise is to be disregarded.
(1) In this Act “insurer” means—
(a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance, or
(b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance.
(2) In this Act “long term insurance business” means business which consists of the effecting or carrying out of contracts of long-term insurance.
(3) This section must be read with—
(a) section 22 of the Financial Services and Markets Act 2000;
(b) any relevant order under that section; and
(c) Schedule 2 to that Act.
(1) In this Act, unless the context otherwise requires—
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“age”, in relation to any person, shall be construed so that—
he is over or under a particular age if he has or, as the case may be, has not attained that age;
he is between two particular ages if he has attained the first but not the second;
“appropriate scheme” and “appropriate scheme certificate” are to be construed in accordance with section 7B;
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“Category A retirement pension” and “Category B retirement pension” mean the retirement pensions of those descriptions payable under Part II of the Social Security Contributions and Benefits Act 1992;
“civil recovery order” means an order under section 266 of the Proceeds of Crime Act 2002 or an order under section 276 imposing the requirement mentioned in section 277(3).
“collective money purchase benefit” has the meaning given by section 1 of the Pension Schemes Act 2021;
“contract of service” has the same meaning as in section 122(1) of the Social Security Contributions and Benefits Act 1992;
“contracted-out employment” shall be construed in accordance with section 8;
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“contracting-out certificate” and references to a contracted-out scheme and to contracting-out shall be construed in accordance with section 7B;
“contributions equivalent premium” means a premium that was paid under section 55(2);
“earner” and “earnings” shall be construed in accordance with section 8(1B) of this Act and sections 3, 4 and 112 of the Social Security Contributions and Benefits Act 1992;
“earnings factors” shall be construed in accordance with sections 22 and 23 of the Social Security Contributions and Benefits Act 1992;
“employed earner” and “self-employed earner” have the meanings given by section 2 of the Social Security Contributions and Benefits Act 1992;
“employee” means a person gainfully employed in Great Britain either under a contract of service or in an office (including an elective office) with earnings;
“employer” means—
in the case of an employed earner employed under a contract of service, his employer;
in the case of an employed earner employed in an office with emoluments—
such person as may be prescribed in relation to that office; or
if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of the office;
“employment” includes any trade, business, profession, office or vocation and “employed” shall be construed accordingly except in the expression “employed earner”;
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“Financial Services Compensation Scheme” means the Financial Services Compensation Scheme referred to in section 213(2) of the Financial Services and Markets Act 2000.
“the first abolition date” has the meaning given by section 7A;
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“guaranteed minimum pension” has the meaning given in section 8(2);
“HMRC” means the Commissioners for Her Majesty's Revenue and Customs;
“independent trade union” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992;
“industrial tribunal” means a tribunal established or having effect as if established under section 1(1) of the Industrial Tribunals Act 1996;
“the Inland Revenue” means the Commissioners of Inland Revenue;
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“linked qualifying service” has the meaning given in section 179;
“long-term benefit” has the meaning given in section 20(2) of the Social Security Contributions and Benefits Act 1992;
“lower earnings limit” and “upper earnings limit” shall be construed in accordance with section 5 of the Social Security Contributions and Benefits Act 1992 and “current”, in relation to those limits, means for the time being in force;
“minimum contributions” shall be construed in accordance with sections 43 to 45;
“minimum payment” has the meaning given in section 8(2);
“modifications” includes additions, omissions and amendments, and related expressions shall be construed accordingly;
“money purchase benefits”, in relation to a member of a personal or occupational pension scheme or the widow, widower or surviving civil partner of a member of such a scheme, means—
benefits the rate or amount of which is calculated by reference to a payment or payments made by the member or by any other person in respect of the member and which fall within section 181B , and
collective money purchase benefits;
“money purchase contracted-out scheme” is to be construed in accordance with section 7B;
“money purchase scheme” means a pension scheme under which all the benefits that may be provided are money purchase benefits;
“normal pension age” has the meaning given in section 180;
“occupational pension scheme” has the meaning given in section 1;
“overseas arrangement” means a scheme or arrangement which—
has effect, or is capable of having effect, so as to provide benefits on termination of employment or on death or retirement to or in respect of earners;
is administered wholly or primarily outside Great Britain;
is not an appropriate scheme; and
is not an occupational pension scheme;
“pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;
“pensionable age”—
so far as any provisions (other than sections 46 to 48) relate to guaranteed minimum pensions, means the age of 65 in the case of a man and the age of 60 in the case of a woman, and
in any other case, has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995
“pensionable service” has the meaning given in section 70(2);
“pension debit” means a debit under section 29(1)(a) of the Welfare Reform and Pensions Act 1999;
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“personal pension scheme” has the meaning given in section 1;
“prescribe” means prescribe by regulations and “prescribed” shall be construed accordingly;
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“the preservation requirements” has the meaning given in section 69(2);
“primary Class 1 contributions” and “secondary Class 1 contributions” have the same meanings as in the Social Security Contributions and Benefits Act 1992;
“the principal appointed day” means 6 April 1997 (which is the day designated as the principal appointed day for the purposes of Part 3 of the Pensions Act 1995);
“protected rights” has the meaning given in section 10 , as it had effect immediately prior to the first abolition date;
“public service pension scheme” has the meaning given in section 1;
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“regulations” means regulations made by the Secretary of State under this Act;
“the Regulatory Authority” means the Pensions Regulator;
“resources”, in relation to an occupational pension scheme, means the funds out of which the benefits provided by the scheme are payable from time to time, including the proceeds of any policy of insurance taken out, or annuity contract entered into, for the purposes of the scheme;
“rights”, in relation to accrued rights (within the meaning of section 73, 136 or 179) or transfer credits, includes rights to benefit and also options to have benefits paid in a particular form or at a particular time;
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“salary related contracted-out scheme” is to be construed in accordance with section 7B;
“the second abolition date” has the meaning given by section 7A;
“short service benefit” has the meaning given in section 71(2);
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“tax week” means one of the successive periods in a tax year beginning with the first day of that year and every seventh day thereafter, the last day of a tax year (or, in a leap year, the last two days) being treated accordingly as a separate tax week;
“tax year” means the 12 months beginning with 6th April in any year;
“trade or business”, in relation to a public or local authority, includes the exercise and performance of the powers and duties of the authority;
“transfer credits” means rights allowed to an earner under the rules of an occupational pension scheme by reference to —
a transfer to the scheme of, or transfer payment to the trustees or managers of the scheme in respect of, any of his rights (including transfer credits allowed) under another occupational pension scheme or a personal pension scheme, other than rights attributable (directly or indirectly) to a pension credit, or
a cash transfer sum paid under Chapter 2 of Part 4ZA in respect of him, to the trustees or managers of the scheme;
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“the upper accrual point” has the meaning given by section 122 of the Social Security Contributions and Benefits Act 1992;
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“week” means a period of seven days beginning with Sunday;
“working life”, in relation to a person, means the period beginning with the tax year in which the person attains the age of 16 and ending with—
the tax year before the one in which the person attains the age of 65 in the case of a man or 60 in the case of a woman, or
if earlier, the tax year before the one in which the person dies.
(2) References to employers in the provisions of this Act (other than sections 123 to 127, 157, and 160 (“the excluded provisions”)) are to be treated, in relation to persons within the application of an occupational pension scheme and qualifying or prospectively qualifying for its benefits, as including references to persons who in relation to them and their employment are treated by regulations as being employers for the purposes of those provisions.
(3) Subject to any such regulations, references to an employer in any of the provisions of this Act (other than the excluded provisions or ... Chapter I of Part IV, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections ... 153(2), 158(1) to (5), 162, 163, ... and 176...) shall, in relation to an earner employed in an office with emoluments, be construed as references to—
(a) such person as may be prescribed in relation to that office; or
(b) if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of that office.
(4) Regulations may for any purpose of any provision of this Act (other than the excluded provisions or section ... ... ... ... 43 ... , 111, 160, 164, 165 or 169) prescribe the persons who are to be regarded as members or prospective members of an occupational pension scheme and as to the times at which and the circumstances in which a person is to be treated as becoming, or as ceasing to be, a member or prospective member.
(5) In sections 165 and 166—
(a) references to the United Kingdom include references to the territorial waters of the United Kingdom; and
(b) references to Great Britain include references to the territorial waters of the United Kingdom adjacent to Great Britain.
(6) Any reference in section 185 or 186 to an order or regulations under this Act includes a reference to an order or regulations made under any provision of an enactment passed after this Act and directed to be construed as one with it; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and shall be without prejudice to the generality of any such direction.
(7) In the application of section 158 ... to Northern Ireland any reference to a government department is to be taken to be, or to include (as the context may require), a Northern Ireland department.
(1) This section applies for the purposes of paragraph (a) of the definition of “money purchase benefits” in section 181(1).
(2) A benefit other than a pension in payment falls within this section if its rate or amount is calculated solely by reference to assets which (because of the nature of the calculation) must necessarily suffice for the purposes of its provision to or in respect of the member.
(3) A benefit which is a pension in payment falls within this section if—
(a) its provision to or in respect of the member is secured by an annuity contract or insurance policy made or taken out with an insurer, and
(b) at all times before coming into payment the pension was a benefit falling within this section by virtue of subsection (2).
(4) For the purposes of subsection (2) it is immaterial if the calculation of the rate or amount of the benefit includes deductions for administrative expenses or commission.
(5) In this section references to a pension do not include income withdrawal or dependants' income withdrawal (within the meaning of paragraphs 7 and 21 of Schedule 28 to the Finance Act 2004).
(1) Any power under this Act to make regulations or orders (except a power of ... the court to make orders) and the powers to make rules under sections 149(2) and 152(1) shall be exercisable by statutory instrument.
(1A) Subsection (1) does not apply to the power of the Scottish Ministers to make regulations under section 97B(11).
(2) Except in so far as this Act otherwise provides, any power conferred by it to make an Order in Council, regulations or an order (except an order under section 153(8)) may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,
(iii) any such provision either unconditionally or subject to any specified condition,
and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and any power to make an Order in Council, regulations or an order for the purposes of any one provision of this Act shall be without prejudice to any power to make an Order in Council, regulations or an order for the purposes of any other provision.
(3) Any power conferred by it to make an Order in Council, regulations or an order shall include power to make such incidental, supplementary, consequential or transitional provision as appears to Her Majesty or the authority making the regulations or order to be expedient for the purposes of the Order in Council, regulations or order.
(4) Any power conferred by this Act to make an order shall include power to vary or revoke any such order by a subsequent order.
(5) Any power conferred on the Secretary of State by any provision of this Act to make any regulations or order (except regulations under section 113B or an order under section 153(8)), where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.
(1) Without prejudice to any specific provisions in this Act, a power conferred by this Act to make an Order in Council, regulations or an order (other than regulations and orders made under ... Chapter I of Part IV, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections ... 153(2), 158(1) to (5), 162, 163, ... and 176...) includes power to provide for a person to exercise a discretion in dealing with any matter.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Regulations under section ... 63(2), , 97(1) , 101AF(1) and 101I may provide that the values there mentioned shall be calculated and verified...—
(a) in such manner as may, in the particular case, be approved—
(i) by a prescribed person;
(ii) by a person with prescribed professional qualifications or experience; or
(iii) by a person approved by the Secretary of State; or
(b) in accordance with guidance prepared and from time to time revised by a prescribed body.
...
() . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
() . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
184 Consultation with Social Security Advisory Committee about regulations under s. 36(6).
(1) Subject to section 173 of the Social Security Administration Act 1992 (cases where consultation not required), where the Secretary of State proposes to make regulations under section 36(6), he shall refer the proposals, in the form of draft regulations or otherwise, to the Social Security Advisory Committee (“the Committee”).
(2) The Committee shall consider any proposals referred to it by the Secretary of State under subsection (1) and shall make to the Secretary of State a report containing such recommendations with respect to the subject-matter of the proposals as the Committee thinks appropriate.
(3) If after receiving a report of the Committee the Secretary of State lays before Parliament regulations which comprise the whole or part of the subject-matter of the proposals referred to the Committee, he shall lay with the regulations a copy of the Committee’s report and a statement showing—
(a) the extent (if any) to which he has in framing the regulations given effect to the Committee’s recommendations; and
(b) in so far as effect has not been given to them, his reasons why not.
(1) Subject to subsection (2), before the Secretary of State makes any regulations for the purposes of Parts I to VI, Chapter ... III of Part VII, Part VIII, IX or X or section 153, 154, 155, 156, 160, 162, 163, 174 or 175 of this Act he shall consult such persons as he may consider appropriate.
(2) Subsection (1) does not apply to—
(a) regulations prescribing actuarial tables; or
(b) regulations made for the purpose only of consolidating other regulations revoked by them; or
(c) regulations under section 36(6).
(d) regulations in the case of which the Secretary of State considers consultation inexpedient because of urgency, or
(e) regulations which—
(i) state that they are consequential upon a specified enactment, and
(ii) are made before the end of the period of six months beginning with the coming into force of that enactment,
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In relation to any regulations required or authorised under this Act to be made by the Secretary of State in conjunction with the Treasury, any reference in subsection (1) to the Secretary of State shall be construed as a reference to him and the Treasury acting jointly.
(5A) Subject to subsection (5C), before the Treasury (acting alone) make any regulations under section 95, 97A or 97C they shall consult such persons as they may consider appropriate.
(5B) Subject to subsection (5C), before the Scottish Ministers make any regulations under section 97B(11) they shall consult such persons as they may consider appropriate.
(5C) Subsections (5A) and (5B) do not apply to regulations in the case of which the Treasury or (as the case may be) the Scottish Ministers consider consultation inexpedient because of urgency or to regulations of the type described in subsection (2)(b) or (e).
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The power of the Secretary of State to make regulations under section 162 of this Act shall be exercisable only after consultation with the appropriate regulator or, if the matter concerns section 464 of the Income and Corporation Taxes Act 1988, the Commissioners of the Inland Revenue.
(7A) “The appropriate regulator” means—
(a) where the group insurance business to which the regulations relate consists only of activities which are PRA-regulated activities, the Prudential Regulation Authority,
(b) where the group insurance business to which the regulations relate consists partly of activities which are PRA-regulated activities and partly of other regulated activities, the Prudential Regulation Authority and the Financial Conduct Authority, or
(c) in any other case, the Financial Conduct Authority.
(7B) In subsection (7A) “regulated activities” and “PRA-regulated activities” have the same meaning as in the Financial Services and Markets Act 2000.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
186 Parliamentary control of orders and regulations.
(1) Subject to subsections (2) and (3), a statutory instrument which contains (whether alone or with other provisions) any regulations or order made under this Act by the Secretary of State or the Treasury shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) Subsection (1) shall not apply to any order which under any provision of this Act is required to be laid before Parliament after being made or is subject to a requirement that a draft of the instrument shall be laid before and approved by a resolution of each House of Parliament or to any order made under section 193 or paragraph 1 of Schedule 9.
(3) Subject to subsection (4), a statutory instrument which contains (whether alone or with other provisions)—
(a) regulations made under section 24B(5), or
(b) regulations made by virtue of section 49, or
(c) an order under section 153(8), or
(d) regulations made by virtue of subsection (1)(a) of section 165 applying such provisions as mentioned in subsection (2)(b) of that section, or
(e) regulations made by virtue of section 168(2) , or
(f) regulations made under section 97A(11) , or
(g) regulations under section 99(2)(c), or
(h) regulations under section 99A(2)(b),
shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4) Subsection (3) does not apply to such regulations as mentioned in paragraph (b) or (d) of that subsection if—
(a) they are made for the purpose only of consolidating regulations which they revoke, or
(b) so far as they are made under powers conferred by the provisions mentioned in that paragraph, they only replace provisions of previous regulations with new provisions to the same effect.
(5) In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of section 184(3) ... shall be deemed to be satisfied as respects either House of Parliament if a copy of the report and the statement in question are laid before that House not later than the second day on which the House sits after the laying of the regulations.
(6) Regulations made by the Scottish Ministers under section 97B(11) are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(1) The enactments specified in Parts I, II and III of Schedule 5 are repealed to the extent specified in the third column.
(2) The subordinate legislation specified in Part IV of that Schedule is revoked to the extent specified in the third column.
(3) The repeals and revocations have effect subject to any relevant savings in Schedule 6.
(1) Schedule 6 (which makes transitional provision and contains savings in connection with the repeals and revocations made by this Act) shall have effect.
(2) Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on repeal).
Schedule 7 (which re-enacts or makes consequential amendments of provisions which make prospective amendments of enactments including those repealed by this Act, so that the re-enacted or amended provisions prospectively amend this Act and other enactments) and Schedule 8 (which makes other consequential amendments) shall have effect, subject to any relevant transitional provisions in Schedule 6.
(1) Where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part, except that the repeals in Part III of Schedule 5 do not extend to Northern Ireland.
(2) The following provisions of this Act extend to Northern Ireland—
section 1,
...
section 145 (except subsections (4A) to (4C) and (5)(b)),
section 145A (except subsection (6)(b)),
section 154 (as it has effect for the purposes of provisions extending to Northern Ireland),
...
section 179,
sections 181 to 183 (as they have effect for those purposes),
sections 185 and 186 (as they have effect for those purposes),
section 187,
sections 188 to 191 (as they have effect for those purposes, but subject to subsection (1)),
this section,
section 193,
paragraph 17 of Schedule 6.
(3) Except as provided by subsection (2), this Act does not extend to Northern Ireland.
(1) This Act may be cited as the Pension Schemes Act 1993.
(2) Subject to the provisions of Schedule 9, this Act shall come into force on such day as the Secretary of State may by order appoint.
(3) As respects the coming into force of—
(a) Part II of Schedule 5 and section 188(1) so far as it relates to it; or
(b) Schedule 7 and section 190 so far as it relates to it,
an order under subsection (2) may appoint different days from the day appointed for the other provisions of this Act or different days for different purposes.
Section 39.
Part I Occupational Pension Schemes
General regulations: beginning and ending of employment
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to modify Part III etc.
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State scheme premiums
5 (1) Regulations may make provision for requiring persons to furnish the Inland Revenue ... with such information as they ... may require for the purposes of sections 37, 50 to 63 and 159(1) to (3) and (6).
(2) Regulations may provide that for the purposes of sections 50, 55 to 60 and 63 ... (except as they so apply) the prescribed person shall be treated as the employer—
(a) of any employed earners who, in any period of service in contracted-out employment—
(i) have been paid earnings in any income tax week by more than one person in respect of different employments; or
(ii) have worked under the general control or management of a person other than their immediate employer, or
(b) of any other employed earners in the case of whom it appears to the Secretary of State that such provision is needed.
(3) Regulations may, ..., provide—
(a) for dispensing with the payment of a premium where its amount would be inconsiderable;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) for treating part of a premium payable in prescribed circumstances in respect of a person as having been paid and for modifying the provisions mentioned in paragraph 4(1) in relation to a case in which such a part is so treated;
(d) for treating a premium wrongly paid or an overpayment in respect of a premium as paid (wholly or in part) in discharge of a liability for another premium or for contributions under Part I of the Social Security Contributions and Benefits Act 1992;
(e) for the return of premiums paid in error or, in prescribed circumstances, of premiums which the Inland Revenue are satisfied ought to be repaid;
(f) for the Inland Revenue, in prescribed circumstances where a premium has been paid in respect of a person, to direct the payment out of the National Insurance Fund to that person or his estate of an amount equal to a prescribed part of the premium;
(g) for any other matters incidental to the payment, collection or return of premiums.
and in this sub-paragraph and the following provisions of this paragraph “premium” means a contributions equivalent premium
(3A) Sub-paragraph (3B) applies in relation to a member of a scheme which was a contracted-out occupational pension scheme and which was being wound up before the second abolition date if, in the opinion of the Inland Revenue—
(a) the resources of the scheme are insufficient to meet the whole of the liability for the cash equivalent of the member’s rights under the scheme, and
(b) if the resources of the scheme are sufficient to meet a part of that liability, that part is less than the amount required for restoring his State scheme rights.
(3B) Where this sub-paragraph applies—
(a) regulations may provide for treating the member as if sections 46 to 48 or, as the case may be, section 48A(1) did not apply, or applied only to such extent as is determined in accordance with the regulations, and
(b) the amount required for restoring the member’s State scheme rights, or a prescribed part of that amount, shall be a debt due from the trustees or managers of the scheme to the Inland Revenue.
(3C) Regulations may make provision—
(a) for determining the cash equivalent of a member’s rights under a scheme and the extent (if any) to which the resources of the scheme are insufficient to meet the liability for that cash equivalent,
(b) for the recovery of any debt due under sub-paragraph (3B)(b), and
(c) for determining the amount required for restoring a member’s State scheme rights including provision requiring the Inland Revenue to apply whichever prescribed actuarial table in force at the appropriate time is applicable.
(3D) Section 155 shall apply as if sub-paragraphs (3A) and (3B)(a), and regulations made by virtue of this sub-paragraph and sub-paragraph (3B)(b), were included among the provisions there referred to.
(3E) In sub-paragraphs (3A) and (3B), “State scheme rights”, in relation to a member of a scheme, are the rights for which, if the scheme had not been a contracted-out scheme, the member would have been eligible by virtue of section 44(6) of the Social Security Contributions and Benefits Act 1992 (earnings factors for additional pension).
(4) The Inland Revenue may accept payments in connection with a case in which a premium or part of it is treated as having been paid.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schemes covering different employers
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special provisions for certain public service pension schemes
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incidental matters
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Personal Pension Schemes
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Methods of revaluing accrued pension benefits
Sections 84 and 102(3).
The final salary method
1 (1) The final salary method is to add to the amount that would be payable but for Chapter 2 of Part 4, or regulations made under it, the additional amount specified in sub-paragraph (1A), (1B), (1C) or (1D) (whichever applies).
(1A) Where—
(a) the termination of pensionable service occurs before 1st January 1991, and
(b) the whole of the member's pensionable service falls on or after 1st January 1985,
the additional amount is the appropriate higher revaluation percentage of the accrued benefit.
(1B) Where—
(a) the termination of pensionable service occurs before 1st January 1991, and
(b) some of the member's pensionable service falls before 1st January 1985,
the additional amount is such proportion of the appropriate higher revaluation percentage of the accrued benefit as the member's pensionable service falling on or after 1st January 1985 bears to the member's total pensionable service.
(1C) Where the termination of pensionable service occurs—
(a) on or after 1st January 1991, but
(b) before the day on which section 101 of the Pensions Act 2008 comes into force (“the 2008 Act commencement day”),
the additional amount is the appropriate higher revaluation percentage of the accrued benefit.
(1D) Where the termination of pensionable service occurs on or after the 2008 Act commencement day, the additional amount is the aggregate of—
(a) the appropriate higher revaluation percentage of so much of the accrued benefit as is attributable to the member's pensionable service falling before the 2008 Act commencement day, and
(b) the appropriate lower revaluation percentage of so much of the accrued benefit as is attributable to the member's pensionable service falling on or after that day.
(1E) In this paragraph “the accrued benefit” means the amount of the pension or other benefit which on the termination date has accrued to the member or to any other person in respect of the member (excluding any part of that amount which consists of—
(a) the member's guaranteed minimum, or
(b) the guaranteed minimum of the member's widow, widower , surviving same sex spouse or surviving civil partner).
(2) For the purposes of this paragraph, a member's pensionable service includes any notional pensionable service which is credited to the member by the scheme (“notional service”).
But notional service shall not be taken into account in determining which of sub-paragraphs (1A), (1B), (1C) and (1D) applies.
(3) For the purposes of determining the additional amount where sub-paragraph (1B) applies, any notional service shall be taken to have ended immediately before the member's actual pensionable service began.
(3A) For the purposes of determining the additional amount where sub-paragraph (1D) applies, any notional service shall be treated as falling on or after the 2008 Act commencement day only if, or to the extent that, it is so treated for the purposes of the scheme.
(4) Any rule of a scheme the effect of which is that benefit falls to be revalued by reference to any period is to be disregarded in making any calculation required by this method.
(5) The sub-paragraphs above are subject to sub-paragraph (6).
(6) If paragraph 2A applies to the pension or other benefit, the final salary method is to apply the requirement of the rules of the scheme mentioned in paragraph 2A(1).
The revaluation percentage and the appropriate revaluation percentage
2 (1) For the purposes of paragraph 1 the Secretary of State shall in each calendar year by order specify (so far as it is necessary to do so)—
(a) a higher revaluation percentage, and
(b) a lower revaluation percentage,
for each period which is a revaluation period in relation to that order.
(2) A period is a “revaluation period”, in relation to an order under this paragraph, if it is a period which—
(a) begins with 1st January 1986 or with an anniversary of that date falling before the making of the order; and
(b) ends with the next day after the making of the order which is 31st December.
(3) The higher revaluation percentage which the Secretary of State is to specify in relation to a revaluation period is the lesser of—
(a) the percentage which appears to the Secretary of State to be the percentage increase in the general level of prices in Great Britain during the period which is the reference period in relation to the revaluation period (“the inflation percentage”), and
(b) the higher maximum rate.
(3A) The lower revaluation percentage which the Secretary of State is to specify in relation to a revaluation period is the lesser of—
(a) the percentage which appears to the Secretary of State to be the inflation percentage, and
(b) the lower maximum rate.
(4) The Secretary of State may estimate the percentage increase mentioned in sub-paragraph (3)(a) in such manner as he thinks fit.
(5) For the purposes of that sub-paragraph, the reference period in relation to a revaluation period is—
(a) in the case of the revaluation period beginning on 1st January 1986, the period which begins with 1st October 1985 and ends with the last day before the making of the order which is 30th September; and
(b) in the case of the revaluation periods with later commencement dates, the period which—
(i) begins with the last day before the commencement of the revaluation period which is 1st October; and
(ii) ends with the last day before the making of the order which is 30th September.
(6) For the purposes of sub-paragraph (3)(b) and (3A)(b)—
“the higher maximum rate”, in relation to a revaluation period, is—
in the case of a revaluation period of 12 months, 5 per cent; and
in any other case, the percentage that would be the inflation percentage had the general level of prices increased at the rate of 5 per cent compound per annum during the reference period in question;
“the lower maximum rate”, in relation to a revaluation period, is—
in the case of a revaluation period of 12 months, 2.5 per cent; and
in any other case, the percentage that would be the inflation percentage had the general level of prices increased at the rate of 2.5 per cent compound per annum during the reference period in question.
(7) In paragraph 1—
“the appropriate higher revaluation percentage” means the higher revaluation percentage specified in the last calendar year before the date on which the member attains normal pension age as the higher revaluation percentage for the revaluation period which is of the same length as the number of complete years in the pre-pension period;
“the appropriate lower revaluation percentage” has a corresponding meaning.
2A (1) This paragraph applies to the pension or other benefit if the rules of the scheme under which it is payable contain a requirement that the accrued benefit be revalued by adding to the accrued benefit an amount of at least the relevant amount.
(2) “The accrued benefit” has the same meaning as in paragraph 1.
(3) “The relevant amount” means the amount which, ignoring paragraph 1(5) and (6), would be the additional amount specified in paragraph 1(1A), (1B), (1C) or (1D) (as the case may be) were the appropriate higher revaluation percentage and the appropriate lower revaluation percentage to be determined on the following basis.
(4) The higher revaluation percentage and the lower revaluation percentage for the revaluation period mentioned in paragraph 2(7) are to be taken to be the percentages which would have been specified in the Secretary of State's order—
(a) had the following been substituted for paragraph 2(3)(a)—
(a) the percentage increase in the retail prices index for the reference period in relation to the revaluation period (“the inflation percentage”), and
,
(b) had, in paragraph 2(3A)(a), the words “the percentage which appears to the Secretary of State to be” been omitted,
(c) had paragraph 2(4) been omitted,
(d) had, in paragraph 2(5), the words “sub-paragraph (3)(a)” been substituted for “that sub-paragraph”,
(e) had, in paragraph (b) of the definitions of “the higher maximum rate” and “the lower maximum rate” in paragraph 2(6), the words “retail prices index” been substituted for “general level of prices”, and
(f) had the following been inserted after paragraph 2(6)—
(6A) In this paragraph “retail prices index” means—
(a) the general index of retail prices (for all items) published by the Statistics Board (or any predecessor), or
(b) where that index is not published for a month, any substituted index or figures published by the Board (or any predecessor).
The average salary method
3 (1) The average salary method is to revalue the member’s salaries as respects the pre-pension period in any way in which they would have been revalued during that period if he had remained in the same pensionable service.
(2) In this paragraph “salaries” means, subject to sub-paragraph (4), the member’s salaries for the period between the date when his pensionable service began and the termination date, or such part of them as was relevant under the scheme to the calculation of the retirement benefits payable under the scheme to him or to any other person in respect of him.
(3) For the purpose of this paragraph those salaries are to be taken to include—
(a) any amount which is attributed to them, otherwise than by virtue of this paragraph, as the result of a revaluation for which the rules of the scheme provide; and
(b) any amount which is for any reason credited to the member by way of salary notionally earned.
(4) Where the member’s pensionable service ended before 1st January 1991, sub-paragraph (2) shall have effect with the substitution for the words from “means” to “termination date” of the words “means the member’s salaries for the period between 1st January 1985 and the termination date”.
(5) For the purposes of the application of this paragraph to a case where a member is credited with an amount by reference to salary notionally earned over a period of time of a particular length, that period shall be taken to have ended immediately before the member’s actual pensionable service began.
The cash balance method
3A. The cash balance method of revaluing a benefit is to revalue the available sum in respect of the benefit in any way in which it would have been revalued if the member’s pensionable service had not terminated.
The flat rate method
4 The flat rate method is to revalue the benefits which have accrued to the member as respects the pre-pension period in any way in which they would have been revalued during that period if he had remained in the same pensionable service.
The money purchase method
5 (1) Subject to sub-paragraphs (2) and (3), the money purchase method is to apply the investment yield and any bonuses arising from payments made by or on behalf of a member towards providing any pension or other retirement benefit which is payable under the scheme to him or to any other person in respect of him in the manner in which they would have been applied if his pensionable service had not terminated.
(2) The Secretary of State may by regulations authorise trustees and managers of occupational pension schemes to deduct from any pension or other retirement benefit provided by virtue of the money purchase method an appropriate amount in respect of the administrative expenses incurred by them in carrying this method into effect.
(3) The trustees and managers of a personal pension scheme may, when providing a pension or other retirement benefit by virtue of the money purchase method, deduct—
(a) the actual administrative expenses of doing so, or
(b) the amount of the administrative expenses which would have been incurred in providing a money purchase benefit for the same member if contributions had not ceased to be paid to the scheme in respect of him,
whichever is the less.
Section 128.
Earner’s contributions to occupational pension scheme
1 This Schedule applies to any sum owed on account of an earner’s contributions to an occupational pension scheme being contributions deducted from earnings paid in the period of four months immediately preceding the relevant date or otherwise due in respect of earnings paid or payable in that period.
Employer’s contributions to occupational pension scheme
2 (1) This Schedule applies to any sum owed on account of an employer’s contributions to a Northern Ireland salary related contracted-out scheme which were payable in the period of 12 months immediately preceding the relevant date.
(1A) The amount of the debt having priority by virtue of sub-paragraph (1) shall be taken to be an amount equal to the appropriate amount.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) In sub-paragraph (1A) ... “the appropriate amount” means the aggregate of—
(a) the percentage for non-contributing earners of the total reckonable earnings paid or payable, in the period of 12 months referred to in sub-paragraph (1) ... , to or for the benefit of non-contributing earners; and
(b) the percentage for contributing earners of the total reckonable earnings paid or payable, in that period, to or for the benefit of contributing earners.
(4) For the purposes of sub-paragraph (3A)—
(a) the earnings to be taken into account as reckonable earnings are those paid or payable to or for the benefit of earners in employment which is contracted-out by reference to the scheme in the whole or any part of the period of 12 months there mentioned; and
(b) earners are to be identified as contributing or non-contributing in relation to service of theirs in employment which is contracted-out by reference to the scheme according to whether or not in the period in question they were liable under the terms of the scheme to contribute in respect of that service towards the provision of pensions under the scheme.
(5) In this paragraph—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“employer” shall be construed in accordance with regulations made under section 181(2); and
“Northern Ireland salary related contracted-out scheme” means a salary related contracted-out scheme within the meaning of the Pension Schemes (Northern Ireland) Act 1993 (and references to employment that is contracted-out by reference to a scheme are to be read accordingly);
“the percentage for contributing earners” means ... 3 per cent, ...
“the percentage for non-contributing earners” means ... 4.8 per cent, ...
“reckonable earnings”, in relation to any employment, means the earner’s earnings from that employment so far as those earnings—
were comprised in any payment of earnings made to him or for his benefit at a time when the employment was contracted-out employment; and
exceeded the current lower earnings limit but not the upper accrual point.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State scheme premiums
3 (1) This Schedule applies to any sum owed on account of a Northern Ireland contributions equivalent premium payable at any time before, or in consequence of, a person going into liquidation or being made bankrupt, or in Scotland, the sequestration of a debtor’s estate, or (in the case of a company not in liquidation)—
(a) the appointment of a receiver as mentioned in section 40 of the Insolvency Act 1986 (debenture-holders secured by floating charge), or
(b) the appointment of a receiver under section 53(6) or 54(5) of that Act (Scottish company with property subject to floating charge), or
(c) the taking of possession by debenture-holders (so secured) as mentioned in section 754 of the Companies Act 2006.
(2) Where any such premium is payable in respect of a period of service of more than 12 months (taking into account any previous linked qualifying service), the amount to be paid in priority by virtue of this paragraph shall be limited to the amount of the premium that would have been payable if the service had been confined to the last 12 months taken into account in fixing the actual amount of the premium.
(3) Where—
(a) by virtue of this paragraph the whole or part of a premium is required to be paid in priority to other debts of the debtor or his estate; and
(b) the person liable for the payment would be entitled to recover the whole or part of any sum paid on account of it from another person either under section 61 or under any provision made by the relevant scheme for the purposes of that section or otherwise,
then, subject to sub-paragraph (4), that other person shall be liable for any part of the premium for the time being unpaid.
(4) No person shall be liable by virtue of sub-paragraph (3) for an amount in excess of the sum which might be so recovered from him if the premium had been paid in full by the person liable for it, after deducting from that sum any amount which has been or may be recovered from him in respect of any part of that payment paid otherwise than under that sub-paragraph.
(5) The payment under sub-paragraph (3) of any amount in respect of a premium shall have the same effect on the rights and liabilities of the person making it (other than his liabilities under that sub-paragraph) as if it had been a payment of that amount on account of the sum recoverable from him in respect of a premium as mentioned in sub-paragraph (3)(b).
(6) In this paragraph “Northern Ireland contributions equivalent premium” means a contributions equivalent premium within the meaning of the Pension Schemes (Northern Ireland) Act 1993.
Interpretation
4 (1) In this Schedule—
(a) in its application in England and Wales, section 754(3) of the Companies Act 2006 and section 387 of the Insolvency Act 1986 apply as regards the meaning of the expression “the relevant date”; and
(b) in its application in Scotland, that expression has the same meaning as in Part 1 of Schedule 3 to the Bankruptcy (Scotland) Act 2016.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 188.
Part I General
Chapter | Short title | Extent of repeal
1973 c. 38. | The Social Security Act 1973. | Section 51(3)(b), (5) and (10). Section 52(8). Section 58(1) to (2B). Section 59(1). Sections 63 to 68. In section 69, subsections (1) to (6). Sections 71 and 72. Section 86. In section 96(1), the words from “(except” to “Part II)”. In section 99, subsection (5) and in subsection (17) the word “68” and the words “or regulations” in both places where they occur. Schedules 16 and 17.
1974 c. 14. | The National Insurance Act 1974. | Section 6(4).
1975 c. 18. | The Social Security (Consequential Provisions) Act 1975. | In Schedule 2, paragraph 52.
1975 c. 60. | The Social Security Pensions Act 1975. | Sections 26 to 58B. Sections 59B to 60B. In section 61(2), paragraphs (a) and (b) and the words from “regulations under” to “or”. Section 61A. Section 62(4). Section 63(2)(g). Section 66. In section 68(4), the words from the beginning to “Ireland; and” and paragraphs (a) and (b). Schedules 1A, 2, 3 and 3A. In Schedule 4, paragraphs 2 and 23 to 29 and 31 to 33.
1976 c. 35. | The Police Pensions Act 1976. | In Schedule 2, paragraph 11.
1977 c. 5. | The Social Security (Miscellaneous Provisions) Act 1977. | Section 3(2). Section 21. Section 22(7), (8), (13), (14).
1978 c. 44. | The Employment Protection (Consolidation) Act 1978. | Section 123. In section 124, subsection (2) and in subsection (3) the words “or 123”. Section 125(3) to (3B). In section 126(1), the words “or 123” and “or contributions to an occupational pension scheme falling to be made”. In section 127(3), the definition of “occupational pension scheme” and the words following it. In section 144(4), the words “and 123”.
1979 c. 18. | The Social Security Act 1979. | Section 18. In Schedule 3, paragraphs 3 and 18.
1980 c. 30. | The Social Security Act 1980. | Section 3(4), (7) to (10) and (12).
1981 c. 33. | The Social Security Act 1981. | In Schedule 2, paragraph 1.
1982 c. 24. | The Social Security and Housing Benefits Act 1982. | Section 40. In Schedule 4, paragraphs 20 and 21.
1984 c. 48. | The Health and Social Security Act 1984. | Sections 19 and 20.
Schedule 6.
In Schedule 7, paragraphs 4 and 5.
1985 c. 53. | The Social Security Act 1985. | Sections 1 to 6. Section 26. Section 28(2). Schedules 1 to 3. In Schedule 5, paragraphs 1, 3, 4, 17, 18, 20, 21, 23 to 27, 29 to 32, 34 and 36.
1985 c. 65. | The Insolvency Act 1985. | In Schedule 8, paragraphs 26 and 31(3).
1985 c. 66. | The Bankruptcy (Scotland) Act 1985. | In Schedule 7, paragraph 13.
1986 c. 45. | The Insolvency Act 1986. | In Schedule 14, the entries relating to the Social Security Pensions Act 1975.
1986 c. 50. | The Social Security Act 1986. | Sections 1 to 8. Section 9(1) to (7). Sections 10 to 17A. Section 52(1) and (2). Sections 59 to 61. Section 75. Sections 78 to 80. Section 83(3). In section 84; in subsection (1), the definitions of “average salary benefits”, “contract of service”, “employed earner”, “employer”, “employee”, “insurance company”, “minimum contributions”, “money purchase benefits”, “occupational pension scheme”, “personal pension scheme”, “protected rights”, “tax exemption”, “tax approval” and “tax year” and subsection (2). Section 85(3), (8) and (8A). Section 87(1)(a). Schedules 1 and 2. In Schedule 5, in Part I, paragraph 1 and in Part II, paragraph (a). In Schedule 8, paragraphs 4 and 8 to 11. In Schedule 10, paragraphs 2 to 9, 12 to 31 and 82.
1988 c.7. | The Social Security Act 1988. | Section 9. In Schedule 2, paragraphs 1(2), (3), 2 and 3. In Schedule 4, paragraph 22.
1989 c. 6. | The Official Secrets Act 1989. | In Schedule 1, paragraph 1(d).
1989 c. 24. | The Social Security Act 1989. | Section 7(6). Section 20. In Schedule 1, paragraph 11. In Schedule 5, paragraphs 11 and 13. In Schedule 6, paragraphs 1 to 5 and 8 to 20. In Schedule 7, paragraphs 1 and 21. In Schedule 8, paragraph 12(1)(a) and (b). In Schedule 9, the entries relating to section 64(3)(dd) of the Social Security Act 1973 and sections 53 to 56 of the Social Security Pensions Act 1975.
1989 c. 38. | The Employment Act 1989. | Section 19(2).
1990 c. 27. | The Social Security Act 1990. | Sections 11 and 12(1). Sections 13 and 14. Section 22(2), (3). In section 23(5), paragraph (a), in paragraph (b) the words “section 22 above and” and paragraph (d). Schedules 2, 3 and 4.
1990 c. 41. | The Courts and Legal Services Act 1990. | Section 82(2).
1992 c. 6. | The Social Security (Consequential Provisions) Act 1992. | In Schedule 2, paragraphs 20 to 33, 35, 36, 40 to 42, 44, 49, 67 and 76 to 83.
1992 c. 52. | The Trade Union and Labour Relations (Consolidation) Act 1992. | In Schedule 2, paragraph 5.
1993 c. 3. | The Social Security Act 1993. | Section 1. In section 5, in subsection (2) the words “section 1(1) and (2) and” and subsection (3).
1993 c. 8. | The Judicial Pensions and Retirement Act 1993. | In Schedule 8, paragraphs 12 and 18.
Part III Provisions repealed as respects Great Britain only
Chapter | Short title | Extent of Repeal
1973 c. 38. | The Social Security Act 1973. | Section 51(3). In section 69(7), the words from “but” onwards. Section 89. In section 96, in subsections (1), (2), (3) and (6) the words “regulations or”. In section 97, in subsection (3) the words “regulations and” and subsection (4). In section 99, subsections (1) and (3).
1975 c. 18. | The Social Security (Consequential Provisions) Act 1975. | In Schedule 2, paragraph 58.
1975 c. 60. | The Social Security Pensions Act 1975. | In Schedule 4, paragraph 30.
1985 c. 53. | The Social Security Act 1985. | In Schedule 5, paragraph 2.
Part IV Subordinate legislation revoked
Number | Short title | Extent of revocation
S.I. 1987/1116. | The Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987. | All the Regulations.
S.I. 1988/474. | The Personal and Occupational Pension Schemes (Tax Approval and Miscellaneous Provisions) Regulations 1988. | Regulation 8.
S.I. 1988/1016. | The Personal and Occupational Pension Schemes (Transfer to Self-employed Pension Arrangements) Regulations 1988. | Regulation 4(2).
S.I. 1989/500. | The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1989. | Regulation 3.
S.I. 1990/1141. | The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1990. | Regulation 7.
S.I. 1992/795. | The Social Security (Class 1 Contributions - Contracted-out Percentages) Order 1992. | The whole order.
Sections 188, 189 and 190.
Part I General Provisions
1 In this Schedule “the repealed enactments” means the enactments repealed or revoked by this Act.
2 (1) The substitution of this Act for the repealed enactments does not affect the continuity of the law.
(2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of this Act, as if done under or for the purposes of that corresponding provision.
(3) Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.
(4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of this Act.
3 Where—
(a) this Act repeals an enactment relating to the coming into force of another provision, including—
(i) an enactment deeming a provision always to have had effect, or to have had effect from a date earlier than that which would otherwise apply, or enabling regulations or an order made under a provision to be framed so as to have such an effect, and
(ii) an enactment conferring power by regulations to provide or make savings in preparation for or in connection with the coming into force of a provision, and
(b) the effect of that provision is reproduced in this Act,
the repeal does not affect the operation of that enactment, in so far as it is not specifically reproduced in this Act but remains capable of having effect, in relation to the corresponding provision of this Act.
4 (1) The repeal or revocation by this Act of an enactment previously repealed or revoked subject to savings does not affect the continued operation of those savings.
(2) The repeal or revocation by this Act of a saving to which a previous repeal or revocation of an enactment is subject does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.
5 The repeal or revocation by this Act of an enactment which has effect as respects any provision of the repealed enactments (being a provision which is not reproduced in this Act but continues in effect by virtue of this Schedule or the Interpretation Act 1978) does not affect its operation as respects that provision.
6 Any document made, served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of this Act.
Part II Specific Provisions
Contracting-out requirements for schemes providing guaranteed minimum pensions
7 An occupational pension scheme which—
(a) at any time before the coming into operation of the first regulations made under—
(i) paragraph (a) of subsection (2) of section 32 of the Social Security Pensions Act 1975 (which made corresponding provision to that made by section 9(2)(a) of this Act), or
(ii) subsection (8) of section 35 of the Social Security Pensions Act 1975 (which made corresponding provision to that made by section 16(4) of this Act),
did not satisfy that paragraph or, as the case may be, that subsection; but
(b) would have satisfied it if those regulations had then been in operation,
shall, for the purpose of determining whether the scheme satisfied that paragraph or, as the case may be, that subsection, be treated as if those regulations had been in operation at that time.
8 Any document the contents of which are in terms corresponding to those of section 35(7) of the Social Security Pensions Act 1975, as that subsection stood immediately before the passing of the Social Security Act 1985 (which corresponded to subsection (2) of section 16 of this Act, but with the substitution for the words from “is terminated before” onwards of the words “is terminated before he attains the scheme’s normal pension age shall be determined for the purposes of section 14(2) without reference to any order that comes into force under section 21 of the Social Security Pensions Act 1975 after the relevant year in which his service ends”) shall be construed as if its contents were and always had been in terms corresponding to those of section 16(2) of this Act.
9 The requirement of the Social Security Pensions Act 1975 that for an occupational pension scheme to be contracted-out in relation to an earner’s employment it must provide requisite benefits shall, except so far as it relates to guaranteed minimum pensions, be treated for the purposes of section 37 of that Act as if it had never existed.
10 (1) Where in the tax year 1989-90 the trustees or managers of an occupational pension scheme made an increase in the rate of pensions currently payable to the members of the scheme who had attained pensionable age or to the widows or widowers of members, they may deduct the amount of the increase from any increase which, but for this sub-paragraph, they would be required to make under section 109 in the tax year 1990-91.
(2) Subsections (1) and (4) of section 110 shall apply to sub-paragraph (1) as they apply to subsections (2) and (3) of that section.
Overriding effect of certain requirements for existing contracted-out and appropriate schemes
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 If immediately before 13th July 1990—
(a) there was in force in relation to an occupational pension scheme a contracting-out certificate which stated that the scheme was contracted-out by virtue of section 32(2A) of the Social Security Pensions Act 1975, or
(b) there was in force in relation to a personal pension scheme an appropriate scheme certificate,
then, to the extent that the rules of the scheme are inconsistent with any provision of this Act derived from provision made by paragraph 19(1) or (2) or 20(1) to (3) of Schedule 6 to the Social Security Act 1989 (by virtue of which—
(i) section 27(3) applies to all protected rights and not only such rights as are mentioned in section 10(2) or (3);
(ii) section 28 includes subsection (1) and, in subsection (3), the words “Subject to subsections (5) and (7)”, the words from “except” to “subsection (4)” and the word “shall”; and
(iii) section 29 includes subsection (2))
they shall be overridden by that provision.
Transactions discharging trustees
13 Without prejudice to section 16 of the Interpretation Act 1978—
(a) as respects a transaction which took place before 1st January 1986, sections 19(1) and 81 have effect with the omission of paragraph (c), and
(b) as respects a transaction which took place before 1st November 1986, section 19 has effect with the substitution for the references to guaranteed minimum pensions of references to requisite benefits.
Contributions equivalent premiums: earnings before 1987-88
14 (1) Where an earner’s earnings paid in any period before the tax year 1987-88—
(a) exceeded the lower earnings limit; but
(b) were not such that primary Class 1 contributions within Bracket 3 fell to be paid in respect of them,
it shall be assumed for the purposes of sections 58(4) and 61(2) that his earnings paid in that period were such that, taking the rate specified in Bracket 3 as the appropriate rate, the same amount of primary Class 1 contributions fell to be paid in respect of them as in fact fell to be paid in respect of them; and in this paragraph “Bracket 3” has the meaning given in section 9(3) of the Social Security Contributions and Benefits Act 1992.
(2) Section 63(3) applies for the purposes of sub-paragraph (1), in so far as it applies as respects section 58(4), as if the reference in paragraph (b) of section 63(3) to earnings included a reference to earnings relevant for any purpose of that sub-paragraph.
(3) Where the Inland Revenue have acted in pursuance of section 63(3) as applied by sub-paragraph (2) and they subsequently ascertain the amount of those earnings—
(a) if it appears to them that the amount of the contributions equivalent premium would have been less if they had not made the calculation on the basis described in sub-paragraph (1), they shall refund the difference to the prescribed person, and
(b) if it appears to the Inland Revenue that that premium would have been greater if they had not done so, the prescribed person shall pay the difference to them.
Preservation
15 Without prejudice to paragraph 3, in any case where—
(a) the pensionable service of a member of a scheme terminated during the period beginning with 6th April 1988 and ending with 27th February 1991, otherwise than on the termination of his service in relevant employment, and
(b) during that period no payments in discharge of his rights under the scheme were made in consequence of that termination,
paragraph 6(1) of Schedule 16 to the Social Security Act 1973 (which corresponded to section 71(1) of this Act) shall be taken at all times on and after 6th April 1988 to have had effect in relation to the member and his rights under the scheme with the amendment made by paragraph 5(1) of Schedule 4 to the Social Security Act 1990 (which substituted the words “pensionable service” for the words “service in relevant employment”).
Anti-franking
16 (1) If before 21st July 1989 an earner ceased to be in contracted-out employment by reference to an occupational pension scheme other than a money purchase contracted-out scheme, Chapter III of Part IV shall apply in relation to him with the modifications set out in sub-paragraphs (2) and (3).
(2) In section 87—
(a) in subsection (3) for the words “at any time” there shall be substituted the words “ on the relevant date and at any time thereafter ”;
(b) after that subsection there shall be inserted—
(3A) In subsection (3) “relevant date”—
(a) in the application of that subsection to a case where a scheme provides for any part of the pension in excess of the earner’s guaranteed minimum to commence from a date not more than 3 months after that on which he attains pensionable age or to be postponed for any period for which he continues in employment (whether or not employment to which the scheme relates) after attaining that age, is to be construed in relation to the part of the pension as to which such provision is made as a reference to the date on which by virtue of it that part of the pension begins to be paid; and
(b) in any other case means the commencement of payment date.
;
(c) in subsection (4) of that section paragraph (d) shall be omitted.
(3) Section 90 shall be omitted.
Modifications in consequence of enactment of Part I of the Social Security Act 1986
17 (1) Regulations may provide that any provision of this Act to which section 154 applies shall have effect subject to such modifications (other than those which may be made by virtue of that section) as the Secretary of State may consider necessary or expedient in consequence of Part I of the Social Security Act 1986 or any provision of this Act deriving from that Part.
(2) Regulations may provide that any provision contained in an Act to which this sub-paragraph applies shall have effect subject to such modifications as the Secretary of State may consider necessary or expedient in consequence of the provisions mentioned in sub-paragraph (1) or in consequence of any corresponding enactment extending to Northern Ireland.
(3) The Acts to which sub-paragraph (2) applies are—
(a) the Fire Services Act 1947;
(b) the Sheriffs’ Pensions (Scotland) Act 1961;
(c) the Superannuation Act 1972;
(d) the Parliamentary and other Pensions Act 1972;
(e) the Water Act 1973;
(f) the Police Pensions Act 1976;
(g) the Parliamentary Pensions Act 1978;
(h) the Judicial Pensions Act 1981;
(i) any Act which relates to the employment of persons by a harbour authority (within the meaning of section 57(1) of the Harbours Act 1964);
(j) the Judicial Pensions and Retirement Act 1993.
Savings for statutory instruments
18 The repeal by this Act of section 26 of the Social Security Act 1985 (disapplication of requirement that regulations be referred to the Board in the case of certain regulations made shortly after the commencement of that Act) shall not affect the validity of any regulations to which that section applied.
19 The repeal of subsection (2) of section 17A of the Social Security Act 1986 shall not affect the validity of any Order containing such provision as there mentioned (provision for the Secretary of State to make payments in relation to the provisions contained in Part I of that Act for any period beginning on or after 6th April 1987).
Provisions contained in this Act by virtue of statutory instruments
20 Without prejudice to any express provision in this Act, where this Act repeals any provision contained in any enactment by virtue of any order or regulations (including a provision which has not come into force at the time of the repeal) and the provision is reproduced in this Act, the Secretary of State shall have the like power to make orders or regulations repealing or amending the provision of this Act which reproduces the effect of the repealed provision as he had in relation to that provision.
Saving for application of general provisions relating to social security
21 The repeals made by this Act do not affect the operation of section 66(2) of the Social Security Pensions Act 1975 (or of any other provision in that Act or any other enactment as it applies by virtue of that section), so far as it is not given effect to in this Act but remains capable of having effect (and paragraph 10 of Schedule 3 to the Social Security (Consequential Provisions) Act 1992 shall continue to have effect accordingly).
Saving for section 7 of the Social Security Act 1986
22 The repeal by this Act of section 7 of the Social Security Act 1986 (schemes becoming contracted-out between 1986 and 1993) or of any reference to that section in another of the repealed enactments does not affect—
(a) the operation of that section so far as it is not reproduced in this Act but remains capable of having effect; or
(b) the operation of that enactment so far as the reference is not reproduced in the corresponding provision of this Act and that enactment remains capable of having effect in relation to that section.
Section 190.
The Parliamentary Commissioner Act 1967 (c. 13)
1 In paragraph 10 of Schedule 1 to the Parliamentary Commissioner Act 1967, in the definition of “judicial pension scheme”, for the words “section 66(1) of the Social Security Pensions Act 1975” there shall be substituted the words “ section 1 of the Pension Schemes Act 1993 ”.
The Administration of Justice Act 1970 (c. 31)
2 In paragraph 3 of Schedule 4 to the Administration of Justice Act 1970 for the words “Social Security Pensions Act 1975” there shall be substituted the words “ Pension Schemes Act 1993 ”.
The Equal Pay Act 1970 (c. 41)
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Attachment of Earnings Act 1971 (c. 32)
4 In section 24(2) of and paragraph 3 of Schedule 2 to the Attachment of Earnings Act 1971 for the words “Social Security Pensions Act 1975” there shall be substituted the words “ Pension Schemes Act 1993 ”.
The Pensions (Increase) Act 1971 (c. 56)
5 In section 17(1) of the Pensions (Increase) Act 1971, in the definition of “money purchase benefits”, for the words “section 84(1) of the Social Security Act 1986” there shall be substituted the words “ section 181(1) of the Pension Schemes Act 1993 ”.
The Superannuation Act 1972 (c. 11)
6 In section 1(9) of the Superannuation Act 1972, in the definition of “money purchase scheme”, for the words from “means” onwards there shall be substituted the words “ has the meaning given by section 181(1) of the Pension Schemes Act 1993 ”.
7 In sections 9(6) and 10(6) of that Act, in the definition of “money purchase benefits”, for the words “section 84(1) of the Social Security Act 1986” there shall be substituted the words “ section 181(1) of the Pension Schemes Act 1993 ”.
8 In section 13(15), in the definition of “judicial pension scheme”, for the words “section 66(1) of the Social Security Pensions Act 1975” there shall be substituted the words “ section 1 of the Pension Schemes Act 1993 ”;
The Social Security Pensions Act 1975 (c. 60)
9 (1) In section 59 of the Social Security Pensions Act 1975—
(a) in subsection (5A), for the words “section 37A(13), (14) or (15) above” there shall be substituted the words “ section 110(2) or (3) of, or paragraph 10 of Schedule 6 to, the Pension Schemes Act 1993 ”; and
(b) in subsection (7), after the definition of “beginning date” there shall be inserted—
“employment”, “guaranteed minimum pension” and “transfer credit” have the same meaning as in section 181(1) of the Pension Schemes Act 1993
.
(2) In section 59A(2A) of that Act—
(a) after the words “tax year” there shall be inserted the words “ as defined in section 181(1) of the Pension Schemes Act 1993 ”;
(b) for the words “section 37A above” in the first place where they occur there shall be substituted the words “ section 109 of the Pension Schemes Act 1993 ”; and
(c) for those words in the second place where they occur there shall be substituted the words “ that section ”.
The Rent Act 1977 (c. 42)
10 In section 653(3) of the Rent Act 1977 for the words “Social Security Pensions Act 1975” there shall be substituted the words “ Pension Schemes Act 1993 ”.
The Employment Protection (Consolidation) Act 1978 (c. 44)
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Justices of the Peace Act 1979 (c. 55)
12 In sections 55(2)(b)(ii) and 58(2)(ii) of the Justices of the Peace Act 1979 for the words “Part III of the Social Security Pensions Act 1975” there shall be substituted the words “ Chapter III of Part III of the Pension Schemes Act 1993 ”.
The Judicial Pensions Act 1981 (c. 20)
13 In section 33A(9) of the Judicial Pensions Act 1981—
(a) in the definition of “employment” for the words “Social Security Pensions Act 1975” and “that Act” there shall be substituted respectively the words “ Pension Schemes Act 1993 ” and “section 2 of the Social Security Contributions and Benefits Act 1992”; and
(b) in the definition of “occupational pension scheme” for the words “section 66(1) of the Social Security Pensions Act 1975” there shall be substituted the words “ section 1 of the Pension Schemes Act 1993 ”;
(c) in the definition of “personal pension scheme” for the words “section 84(1) of the Social Security Act 1986” there shall be substituted the words “ section 1 of the Pension Schemes Act 1993 ”;
(d) in the definitions of “tax exemption” and “tax approval” for the words “section 84(1) of the Social Security Act 1986” there shall be substituted the words “ section 181(1) of the Pension Schemes Act 1993 ”.
14 In Schedule 1A to that Act—
(a) in paragraph 1 in the definition of “protected rights” for the words “the Social Security Pensions Act 1975” there shall be substituted the words “ the Pension Schemes Act 1993 ”;
(b) in paragraph 3 for the words “Part II of Schedule 1A to the Social Security Pensions Act 1975” there shall be substituted the words “ Chapter IV of Part IV of the Pension Schemes Act 1993 ”;
(c) in paragraph 6(6)(a)(ii) for the words “section 2 of the Social Security Act 1986” there shall be substituted the words “ section 7 of the Pension Schemes Act 1993 ”.
The Forfeiture Act 1982 (c. 34)
15 In the definition of “relevant enactment” in section 4(5) of the Forfeiture Act 1982 there shall be inserted at the appropriate place the words— “ the Pension Schemes Act 1993 ”.
The Companies Act 1985 (c. 6)
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Bankruptcy (Scotland) Act 1985 (c. 66)
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Insolvency Act 1986 (c. 45)
18 In section 386(3) of and paragraph 8 of Schedule 6 to the Insolvency Act 1986 for the words “Schedule 3 to the Social Security Pensions Act 1975” there shall be substituted the words “ Schedule 4 to the Pension Schemes Act 1993 ”.
The Coal Industry Act 1987 (c. 3)
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Income and Corporation Taxes Act 1988 (c. 1)
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Official Secrets Act 1989 (c. 6)
21 In paragraph 4 of Schedule 1 to the Official Secrets Act 1989 for the words “Social Security Act 1973” there shall be substituted the words “ Pension Schemes Act 1993 ”.
The Finance Act 1989 (c. 26)
22 In paragraph 11(2)(b) of Schedule 7 to the Finance Act 1989 for the words “Social Security Act 1986” there shall be substituted the words “ Pension Schemes Act 1993 ”.
The Electricity Act 1989 (c. 29)
23 In paragraph 5(1) of Schedule 14 and in paragraph 5(1) of Schedule 15 to the Electricity Act 1989 for the words “Social Security Pensions Act 1975 (contracted-out pension schemes)” there shall be substituted the words “ Pension Schemes Act 1993 (so far as relating to occupational pension schemes within the meaning of that Act) ”.
The Social Security Administration Act 1992 (c. 5)
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 At the end of section 70(3) of that Act there shall be inserted the words
or
(k) the Pensions Act
.
26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 In section 148(7) of that Act for the words “section 21 of the Pensions Act” there shall be substituted the words “ section 21 of the Social Security Pensions Act 1975 ”.
28 In section 150 of that Act—
(a) in subsection (1)(e), for the words “section 35(6)” and “section 36(3)” there shall be substituted respectively the words “ section 15(1) ” and “ section 17(2) ”;
(b) after subsection (10) there shall be inserted—
(10A) Where a member of an appropriate personal pension scheme or a money purchase contracted-out scheme continues in employment after attaining pensionable age and the commencement of his pension under the scheme is postponed, the preceding provisions of this section shall have effect as if—
(a) the guaranteed minimum pension to which he is treated as entitled by virtue of section 48(2)(a) of the Pensions Act were subject to increases in accordance with the provisions of section 15(1) of that Act; and
(b) the amounts of any notional increases referred to in paragraph (a) above were subject to annual up-rating in the same way as if they were sums to which subsection (1)(e)(i) above applied.
; and
(c) in subsection (11), for the words “the Pensions Act” there shall be substituted the words “ the Social Security Pensions Act 1975 ”.
29 In section 151 of that Act—
(a) in subsection (4), for the words “section 35(6)” and the words “section 37A” in both places where they occur there shall be substituted respectively the words “ section 15(1) ” and “ section 109 ”; and
(b) in subsection (5), for the words “section 35(6)” and “section 36(3)” there shall be substituted respectively the words “ section 15(1) ” and “ section 17(2) ”.
30 In section 155(7) of that Act, for the words “the Pensions Act” there shall be substituted the words “ the Social Security Pensions Act 1975 ”.
31 In section 191 of that Act—
(a) the following definitions shall be inserted at the appropriate places—
“money purchase contracted-out scheme” has the same meaning as in section 8(1)(a)(ii) of the Pensions Act;
and
“pensionable age” has the same meaning as in section 122 of the Contributions and Benefits Act
;
(b) in the definition of “occupational pension scheme”, for the words “section 66(1)” there shall be substituted the words “ section 1 ”;
(c) in the definition of “the Pensions Act”, for the words “Social Security Pensions Act 1975” there shall be substituted the words “ Pension Schemes Act 1993 ”;
(d) in the definition of “personal pension scheme”, for the words “section 84(1) of the 1986 Act” there shall be substituted the words “ section 1 of the Pensions Act ” and at the end of that definition there shall be added the words “ and “appropriate”, in relation to such a scheme, shall be construed in accordance with section 7(4) of that Act. ”.
The Social Security Contributions and Benefits Act 1992 (c. 4)
32 In section 1(3) of the Social Security Contributions and Benefits Act 1992 for the words from “Part III” to “contributions)” there shall be substituted the words “ Chapter II of Part III of the Pensions Act (reduction in state scheme contributions and benefits for members of certified schemes) ”.
33 In section 8(1) of that Act for the words “section 27 of the Pensions Act (contracted-out rates)” there shall be substituted the words“ section 41 of the Pensions Act (reduced rates of Class 1 contributions for earners in contracted-out employment) ”.
34 In section 9(4) of that Act for the words “section 27” there shall be substituted the words“ section 41 ”.
35 In section 20(3) of that Act for the words from “Part III” to “benefit)” there shall be substituted the words “ Chapter II of Part III of the Pensions Act (reduction in state scheme contributions and benefits for members of certified schemes) ”.
36 In section 23(2) of that Act after the words “the Pensions Act” there shall be inserted the words “ or the Social Security Pensions Act 1975 ”.
37 In section 34(5) of that Act for the words “section 29” there shall be substituted the words “ section 46 ”.
38 In section 44(8) of that Act for the words “section 21 of the Pensions Act” there shall be substituted the words “ section 21 of the Social Security Pensions Act 1975 ”.
39 In section 47(3) of that Act for the words “section 29” there shall be substituted the words “ section 46 ”.
40 In section 50(2) of that Act for the words “section 29B(2)” there shall be substituted the words “ section 46(5) ”.
41 In section 174 of that Act, in the definition of “the Pensions Act” for the words “Social Security Pensions Act 1975” there shall be substituted the words “ Pension Schemes Act 1993 ”.
42 In Schedule 5 to that Act—
(a) in paragraph 2(6) for the words “section 29B(2)” there shall be substituted the words “ section 46(5) ”; and
(b) in paragraphs 5(1) and 6(1)(c)(i) for the words “section 35(6)” there shall be substituted the words “ section 15(1) ”; and
(c) in paragraphs 5(3) and 6(3)(c) and (4)(b) for the words “section 37A” there shall be substituted the words “ section 109 ”.
43 In paragraph 3 of Schedule 7 to that Act—
(a) in sub-paragraph (3) for the words “section 29” there shall be substituted the words “ section 46 ”; and
(b) in sub-paragraph (11) for the words from “section 29C” to “supplement)” there shall be substituted the words “ section 46(6) and (7) (entitlement to guaranteed minimum pensions and increases of unemployability supplement) ”.
The Tribunals and Inquiries Act 1992 (c. 53)
44 In the Tribunals and Inquiries Act 1992—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in paragraph 35 of Schedule 1—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) in paragraph (e) for the words “Part IVA of the Social Security Pensions Act 1975 (c. 60)” and “section 59C(2)” there shall be substituted respectively the words “ Part X of the Pension Schemes Act 1993 ” and “ section 146(2) ” .
The Social Security Act 1993 (c.3)
45 In section 2(4)(b) of the Social Security Act 1993—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) at the end there shall be inserted the words—
and
(c) under section 124(1) of the Pension Schemes Act 1993
.
The Judicial Pensions and Retirement Act 1993 (c.8)
46 (1) In section 10(8) of the Judicial Pensions and Retirement Act 1993—
(a) in the definition of “employment” for the words “Social Security Pensions Act 1975” and “that Act” there shall be substituted respectively the words “ Pension Schemes Act 1993 ” and “ section 2 of the Social Security Contributions and Benefits Act 1992 ”; and
(b) in the definition of “occupational pension scheme” for the words “section 66(1) of the Social Security Pensions Act 1975” there shall be substituted the words “ section 1 of the Pension Schemes Act 1993 ”;
(c) in the definition of “personal pension scheme” for the words “section 84(1) of the Social Security Act 1986” there shall be substituted the words “ section 1 of the Pension Schemes Act 1993 ”;
(d) in the definitions of “tax exemption” and “tax approval” for the words “section 84(1) of the Social Security Act 1986” there shall be substituted the words “ section 181(1) of the Pension Schemes Act 1993 ”.
(2) In section 13(9) of that Act, in the definition of “personal pension scheme”, for the words “section 2 of the Social Security Act 1986” there shall be substituted the words “ section 7 of the Pension Schemes Act 1993 ”.
(3) In section 16 of that Act, for paragraph (a) there shall be substituted—
(a) section 141 of the Pension Schemes Act 1993 (modification of public service schemes) or section 143 of that Act (winding up of public service schemes);
.
(4) In section 30(1) of that Act, in the definition of “judicial pension scheme” for the words “section 66(1) of the Social Security Pensions Act 1975” there shall be substituted the words “ section 1 of the Pension Schemes Act 1993 ”.
(5) In Schedule 2 to that Act—
(a) in paragraph 1—
(i) for the words “the Social Security Pensions Act 1975”, in each place where they occur, there shall be substituted the words “ the Pension Schemes Act 1993 ”;
(ii) in the definition of “occupational pension scheme” for the words “section 66(1)” there shall be substituted the words “ section 1 ”;
(iii) in the definition of “personal pension scheme” for the words “section 84(1) of the Social Security Act 1986” there shall be substituted the words “ section 1 of the Pension Schemes Act 1993 ”;
(b) in paragraph 3 for the words “Part II of Schedule 1A to the Social Security Pensions Act 1975” there shall be substituted the words “ Chapter IV of Part IV of the Pension Schemes Act 1993 ”;
(c) in paragraph 6(6)(a)(ii) for the words “section 2 of the Social Security Act 1986” there shall be substituted the words “ section 7 of the Pension Schemes Act 1993 ”.