Law

Pension Schemes Act 1993

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 282 provisions
  1. Title and introductory text
  2. 1 Categories of pension schemes.
  3. 2 Constitution and functions of the Board.
  4. 3 Membership of the Board.
  5. 4 Reports of the Board.
  6. 5 Further provisions as to constitution and procedure of the Board.
  7. 6 Registration of occupational and personal pension schemes.
  8. 7 Issue of contracting-out certificates.
  9. 7A Meaning of “the first abolition date” and “the second abolition date”
  10. 7B Meaning of “contracted-out scheme” and “appropriate scheme” etc.
  11. 8 Meaning of “contracted-out employment”, “guaranteed minimum pension” and “minimum payment”.
  12. 9 Requirements for certification of schemes: general.
  13. 10 Protected rights and money purchase benefits.
  14. 11 Elections as to employments covered by contracting-out certificates.
  15. 12 Determination of basis on which scheme is contracted-out.
  16. 12A The statutory standard
  17. 12B Reference scheme
  18. 12C Transfer, commutation, etc
  19. 12D Entitlement to benefit
  20. 12E Former salary related contracted-out schemes to comply with GMP requirements
  21. 13 Minimum pensions for earners.
  22. 14 Earner’s guaranteed minimum.
  23. 15 Increase of guaranteed minimum where commencement of guaranteed minimum pension postponed.
  24. 15A Reduction of guaranteed minimum in consequence of pension debit.
  25. 16 Revaluation of earnings factors for purposes of s. 14: early leavers etc.
  26. 17 Minimum pensions for widows and widowers.
  27. 18 Treatment of insignificant amounts.
  28. 19 Discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts.
  29. 20 Transfer of accrued rights.
  30. 21 Commutation, surrender and forfeiture.
  31. 22 Financing of benefits.
  32. 23 Securing of benefits.
  33. 24 Sufficiency of resources.
  34. 24A Conversion of guaranteed minimum pension into other benefits: introduction
  35. 24B The conversion conditions
  36. 24C Actuarial equivalence
  37. 24D Survivors' benefits
  38. 24E Procedural requirements
  39. 24F Transfer out
  40. 24G Powers to amend schemes
  41. 24H Enforcement of GMP conversion conditions
  42. 25 Power for Board to impose conditions as to investments and resources.
  43. 25A Requirements for schemes with members with protected rights
  44. 26 Persons who may establish scheme.
  45. 27 Identification and valuation of protected rights.
  46. 27A Requirements in relation to giving effect to protected rights
  47. 28 Ways of giving effect to protected rights.
  48. 28A Requirements for interim arrangements
  49. 28B Information about interim arrangements
  50. 29 The pension and annuity requirements.
  51. 30 Securing of liability for protected rights.
  52. 31 Investment and resources of schemes.
  53. 32 Suspension or forfeiture.
  54. 32A Discharge of protected rights on winding up: insurance policies
  55. 33 Tax requirements to prevail over requirements of section 31.
  56. 33A Appropriate schemes: “Blowing the whistle”
  57. 34 Cancellation, variation, surrender and refusal of certificates.
  58. 35 Surrender and cancellation of contracting-out certificates: issue of further certificates.
  59. 36 Surrender and cancellation of contracting-out certificates: cancellation of further certificates.
  60. 37 Alteration of rules of contracted-out schemes.
  61. 37A Transfer of liabilities etc: schemes contracted-out on or after 6 April 1997
  62. 38 Alteration of rules of appropriate schemes.
  63. 38A Regulations about relevant gender change cases
  64. 39 General power to make regulations.
  65. 40 Scope of Chapter II.
  66. 41 Reduced rates of Class 1 contributions
  67. 42 Review and alteration of rates of contributions applicable under s. 41.
  68. 42A Reduced rates of Class 1 contributions, and rebates
  69. 42B Determination and alteration of rates of contributions, and rebates, applicable under section 42A
  70. 43 Payment of minimum contributions to personal pension schemes.
  71. 44 Earner’s chosen scheme.
  72. 45 Amount of minimum contributions.
  73. 45A Determination and alteration of rates of minimum contributions under section 45
  74. 45B Money purchase and personal pension schemes: verification of ages
  75. 46 Effect of entitlement to guaranteed minimum pensions on payment of social security benefits.
  76. 46A Retirement in tax year after 5th April 2020
  77. 47 Further provisions concerning entitlement to guaranteed minimum pensions for the purposes of s. 46.
  78. 48 Reduced benefits where minimum payments or minimum contributions paid.
  79. 48A Additional pension and other benefits
  80. 49 Women, married women and widows.
  81. 50 Powers of Inland Revenue to approve arrangements for scheme ceasing to be certified.
  82. 51 Calculation of guaranteed minimum pensions preserved under approved arrangements.
  83. 52 Supervision of former salary related contracted-out schemes
  84. 53 Supervision: former contracted-out schemes.
  85. 54 Supervision: former appropriate personal pension schemes.
  86. 55 Payment of state scheme premiums on termination of certified status.
  87. 56 Provisions supplementary to s. 55.
  88. 57 Elections to pay contributions equivalent premiums.
  89. 58 Amount of premiums payable under s. 55.
  90. 59 Alternative basis for revaluation of earnings factors for calculation of certain premiums.
  91. 60 Effect of payment of premiums on rights.
  92. 61 Deduction of contributions equivalent premium from refund of scheme contributions.
  93. 62 No recovery of state scheme premiums from earners etc.
  94. 63 Further provisions concerning calculations relating to premiums.
  95. 64 Actuarial tables for purposes of calculations relating to premiums.
  96. 65 Inclusion of former and future earners for some purposes of this Chapter.
  97. 66 Power to apply certain provisions to widowers.
  98. 67 Non-payment of contributions equivalent premiums.
  99. 68 Unpaid premiums: supplementary.
  100. 69 Scope of Chapter I: the preservation requirements.
  101. 70 Interpretation.
  102. 71 Basic principle as to short service benefit.
  103. 72 No discrimination between short service and long service beneficiaries.
  104. 73 Form of short service benefit and its alternatives.
  105. 74 Computation of short service benefit.
  106. 75 Credits.
  107. 76 Pension increases.
  108. 77 Assignment, surrender and commutation of benefit.
  109. 78 Forfeiture, etc.
  110. 79 Charges, liens and set-offs.
  111. 80 Power to modify ss. 77 to 79 as respects alternative benefits.
  112. 81 Discharge of liability where short service or alternative benefits secured by insurance policies or annuity contracts.
  113. 82 Supplementary regulations.
  114. 83 Scope of Chapter II.
  115. 84 Basis of revaluation.
  116. 85 Revaluation not to apply to substituted benefit.
  117. 86 Supplementary provisions.
  118. 87 General protection principle.
  119. 88 The relevant sum.
  120. 89 The appropriate addition.
  121. 90 The later earnings addition.
  122. 91 Special provision where employment continues after it ceases to be contracted-out by reference to scheme.
  123. 92 Supplementary provisions.
  124. 93 Scope of Chapter 1.
  125. 93A Right to statement of entitlement: benefits other than money purchase
  126. 94 Right to cash equivalent.
  127. 95 Ways of taking right to cash equivalent.
  128. 96 Further provisions concerning exercise of option under s. 95.
  129. 97 Calculation of cash equivalents.
  130. 97A Designation of funded public service defined benefits schemes
  131. 97B Designation of funded public service defined benefits schemes: Scotland
  132. 97C Reduction of cash equivalents in case of designated schemes
  133. 98 Loss of right to cash equivalent
  134. 99 Trustees’ duties after exercise of option.
  135. 99A Trustees' further duties: collective money purchase benefits
  136. 100 Withdrawal of applications.
  137. 100A Prohibition on excluding future accruals etc
  138. 100B Meaning of “scheme rules”: occupational pension schemes
  139. 100C Meaning of “normal pension age” in this Chapter
  140. 100D Interpretation of Chapter
  141. 101 Supplementary provisions.
  142. 101AA Scope of Chapter 5
  143. 101AB Right to cash transfer sum and contribution refund
  144. 101AC Notification of right to cash transfer sum or contribution refund
  145. 101AD Exercise of right under section 101AB
  146. 101AE Permitted ways of using cash transfer sum
  147. 101AF Calculation of cash transfer sum and contribution refund
  148. 101AG Duties of trustees or managers following exercise of right
  149. 101AH Powers of trustees or managers where right not exercised
  150. 101AI Rights under section 101AB: further provisions
  151. 101A Scope of Chapter I.
  152. 101B Interpretation.
  153. 101C Basic principle as to pension credit benefit.
  154. 101D Form of pension credit benefit and its alternatives.
  155. 101E Discharge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts.
  156. 101F Power to give transfer notice.
  157. 101G Restrictions on power to give transfer notice.
  158. 101H Benefits other than money purchase: statements of entitlement.
  159. 101I Calculation of cash equivalents.
  160. 101J Time for compliance with transfer notice.
  161. 101K Withdrawal of transfer notice.
  162. 101L Variation of the amount required to be used.
  163. 101M Effect of transfer on trustees’ duties.
  164. 101N Matters to be disregarded in calculations.
  165. 101NA Prohibition on excluding transfers of some rights without others etc
  166. 101O Service of notices.
  167. 101P Interpretation of Chapter II.
  168. 101Q Power to modify Chapter II in relation to hybrid schemes.
  169. 102 Scope of Chapter I: annual increase of certain occupational pensions.
  170. 103 Annual increase of later service component.
  171. 104 Annual increase of earlier service component where scheme is in surplus.
  172. 105 Proportional increase where first period is less than 12 months.
  173. 106 Restriction on increase where member is under 55.
  174. 107 Application of Chapter I to pensions not attributable to pensionable service.
  175. 108 No payments to employers from non-complying schemes.
  176. 109 Annual increase of guaranteed minimum pensions.
  177. 110 Requirement as to resources for annual increase of guaranteed minimum pensions.
  178. 111 Voluntary contributions.
  179. 111A Monitoring of employers’ payments to personal pension schemes.
  180. 111B Obtaining information for purposes of section 111A and corresponding Northern Ireland legislation.
  181. 112 Restrictions on investment of scheme’s resources in employer-related assets.
  182. 113 Disclosure of information about schemes to members etc.
  183. 113A Disclosure of information about transfers etc
  184. 113B Occupational pension schemes: requirements to refer members to guidance etc
  185. 114 Additional documents for members etc. and Registrar.
  186. 115 Powers as respects failure to comply with information requirements.
  187. 116 Regulations as to auditors.
  188. 117 Regulations as to form and content of advertisements.
  189. 118 Equal access requirements.
  190. 119 Requirement for independent trustee where employer becomes insolvent etc.
  191. 120 Members’ powers to apply to court to enforce duty under s. 119.
  192. 121 Further provisions as to appointment and powers of independent trustees.
  193. 122 Duty of insolvency practitioner or official receiver to give information to scheme trustees.
  194. 123 Interpretation of Chapter II.
  195. 124 Duty of Secretary of State to pay unpaid contributions to schemes.
  196. 125 Certification of amounts payable under s. 124 by insolvency officers.
  197. 126 Complaint to industrial tribunal.
  198. 127 Transfer to Secretary of State of rights and remedies.
  199. 128 Priority in bankruptcy etc.
  200. 129 Overriding requirements.
  201. 130 Extra-statutory benefits.
  202. 131 Relationship of preservation requirements and scheme rules.
  203. 132 Duty to bring schemes into conformity with indirectly-applying requirements.
  204. 133 Advice of the Board as to conformity of schemes with requirements.
  205. 134 Determination of questions whether schemes conform with requirements.
  206. 135 Persons competent to make applications under s. 134.
  207. 136 Applications to the Board to modify schemes (other than public service schemes).
  208. 137 Persons competent to make applications under s. 136.
  209. 138 Further provisions concerning the Board’s powers under s. 136.
  210. 139 Other functions of the Board as respects modification of schemes.
  211. 140 Effect of orders under ss. 136 and 139.
  212. 141 Modification of public service schemes.
  213. 142 Powers of the Board to wind up schemes.
  214. 143 Winding up of public service schemes.
  215. 144 Deficiencies in the assets of a scheme on winding up.
  216. 145 The Pensions Ombudsman.
  217. 145A Deputy Pensions Ombudsmen
  218. 146 Functions of the Pensions Ombudsman.
  219. 147 Death, insolvency or disability of authorised complainant.
  220. 148 Staying court proceedings where a complaint is made or a dispute is referred.
  221. 149 Procedure on an investigation.
  222. 150 Investigations: further provisions.
  223. 151 Determinations of the Pensions Ombudsman.
  224. 151A Interest on late payment of benefit
  225. 152 Power to make special county court rules.
  226. 153 Power to modify certain provisions of this Act.
  227. 154 Application of enactments as respects personal pension schemes.
  228. 155 Requirement to give information to the Secretary of State or the Board for the purposes of certain provisions.
  229. 156 Information for purposes of contracting-out.
  230. 157 Power of Secretary of State to obtain information in connection with applications under s. 124.
  231. 158 Disclosure of information between government departments etc.
  232. 158A Other disclosures by the Secretary of State.
  233. 159 Inalienability of guaranteed minimum pension ....
  234. 159A No forfeiture on bankruptcy of rights under personal pension schemes.
  235. 160 Terms of contracts of service or schemes restricting choice to be void.
  236. 161 Provisions excluding Chapter II of Part VII to be void.
  237. 162 Removal of restrictions on friendly societies’ pension business.
  238. 163 Exemption of certain schemes from rule against perpetuities.
  239. 164 Crown employment.
  240. 165 Application of certain provisions to cases with foreign element.
  241. 166 Reciprocity with other countries.
  242. 167 Application of general provisions relating to administration of social security.
  243. 168 Breach of regulations.
  244. 168A Offence in connection with the Registrar
  245. 169 Offences by bodies corporate.
  246. 170 Decisions and appeals
  247. 171 Questions arising in proceedings.
  248. 171A Reports by Inland Revenue.
  249. 172 Review of the Board’s determinations.
  250. 173 References and appeals from the Board.
  251. 174 Grants to advisory bodies etc
  252. 175 Levies towards certain expenditure
  253. 176 Fees for official services to schemes.
  254. 177 General financial arrangements.
  255. 178 Trustees and managers of schemes.
  256. 179 Linked qualifying service.
  257. 180 Normal pension age.
  258. 180A Insurer and long-term insurance business
  259. 181 General interpretation.
  260. 181A Interpretation of references to money purchase contracted-out schemes or appropriate schemes after abolition date
  261. 181B Money purchase benefits: supplementary
  262. 182 Orders and regulations (general provisions).
  263. 183 Sub-delegation.
  264. 184 Consultation with Social Security Advisory Committee about regulations under s. 36(6).
  265. 185 Consultations about other regulations.
  266. 186 Parliamentary control of orders and regulations.
  267. 187 Northern Ireland Constitution Act 1973: “reserved matters”.
  268. 188 Repeals.
  269. 189 Transitional provisions and savings.
  270. 190 Prospective and consequential amendments.
  271. 191 Transitory modifications.
  272. 192 Extent.
  273. 193 Short title and commencement.
  274. SCHEDULE 1 The Occupational Pensions Board
  275. SCHEDULE 2 Certification Regulations
  276. SCHEDULE 3 Methods of revaluing accrued pension benefits
  277. SCHEDULE 4 Priority in Bankruptcy etc
  278. SCHEDULE 5 Repeals
  279. SCHEDULE 6 Transitional Provisions and Savings
  280. SCHEDULE 8 Consequential Amendments
  281. SCHEDULE 9 Transitory Modifications
  282. TABLE OF DERIVATIONS

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No one has proposed a change to this act yet.

282 provisions

24H Enforcement of GMP conversion conditions

(1) If the Regulatory Authority thinks that the conditions of section 24B have not been satisfied in relation to an amendment, modification or adjustment effected in accordance with any of sections 13(1A), 17(1A), 24F and 24G, the Regulatory Authority may make an order declaring the amendment, modification or adjustment void— (a) in respect of a specified person or class of person, (b) to a specified extent, and (c) as from a specified time. (2) Where the Regulatory Authority makes an order under subsection (1) it may— (a) require the trustees of the scheme concerned to take specified steps; (b) declare that specified action of the trustees shall not be treated as a contravention of the scheme if it would not have been a contravention if the order under subsection (1) had not been made. (3) An order may be made under subsection (1) before or after the amendment, modification or adjustment takes effect. (4) If the Regulatory Authority thinks that the process of effecting a GMP conversion of a scheme has been commenced and that a relevant condition of section 24B is not being complied with, or may not be complied with, the Regulatory Authority may by order— (a) prohibit the taking of further steps in the GMP conversion (whether generally or in relation to specified steps), and (b) require the trustees of the scheme to take specified steps before resuming the process of GMP conversion. (5) Section 10 of the Pensions Act 1995 (civil penalties) shall apply to a trustee who has failed to take all reasonable steps to secure compliance with the conditions of section 24B in relation to an amendment, modification or adjustment effected in accordance with any of sections 13(1A), 17(1A), 24F and 24G.

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25 Power for Board to impose conditions as to investments and resources.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) A scheme that was a salary related contracted-out scheme must, in relation to any earner’s service before the principal appointed day, comply with any requirements prescribed for the purpose of securing that— (a) the Inland Revenue are kept informed about any matters affecting the security of the minimum pensions guaranteed under the scheme, and (b) the resources of the scheme are brought to and are maintained at a level satisfactory to the Inland Revenue (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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25A Requirements for schemes with members with protected rights

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26 Persons who may establish scheme.

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27 Identification and valuation of protected rights.

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27A Requirements in relation to giving effect to protected rights

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28 Ways of giving effect to protected rights.

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28A Requirements for interim arrangements

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28B Information about interim arrangements

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29 The pension and annuity requirements.

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30 Securing of liability for protected rights.

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31 Investment and resources of schemes.

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32 Suspension or forfeiture.

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32A Discharge of protected rights on winding up: insurance policies

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33 Tax requirements to prevail over requirements of section 31.

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33A Appropriate schemes: “Blowing the whistle”

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34 Cancellation, variation, surrender and refusal of certificates.

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35 Surrender and cancellation of contracting-out certificates: issue of further certificates.

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36 Surrender and cancellation of contracting-out certificates: cancellation of further certificates.

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37 Alteration of rules of contracted-out schemes.

(1) Except in prescribed cases, the rules of a scheme that was a salary related contracted-out scheme cannot be altered unless the alteration is of a prescribed description. (2) Regulations made by virtue of subsection (1) may operate so as to validate with retrospective effect any alteration of the rules which would otherwise be void under this section. (3) Subsection (1) does not apply to a scheme if no person is entitled to receive, or has accrued rights to, any benefits under the scheme attributable to a period when the scheme was contracted-out. (4) The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person who is so entitled by virtue of a qualifying relationship only in such cases as may be prescribed. (5) For that purpose a person is entitled to receive benefits by virtue of a qualifying relationship if the person is so entitled by virtue of being— (a) the widower of a female earner; (b) the widower of a male earner; (c) the widow of a female earner, except where it is a relevant gender change case; or (d) the survivor of a civil partnership with an earner. (6) In relation to a widow of a female earner, the reference in subsection (5)(c) to a relevant gender change case is a reference to a case where— (a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and (b) the marriage of the earner and her widow (that ends with the earner's death) subsisted before the time when the certificate was issued. (7) This section is subject to regulations under section 38A.

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37A Transfer of liabilities etc: schemes contracted-out on or after 6 April 1997

(1) Regulations may prohibit or restrict— (a) the transfer of any liability— (i) for the payment of pensions under a relevant scheme, or (ii) in respect of accrued rights to such pensions, (b) the discharge of any liability to provide pensions under a relevant scheme, or (c) the payment of a lump sum instead of a pension payable under a relevant scheme, except in prescribed circumstances or on prescribed conditions. (2) In this section “relevant scheme” means a scheme that was a salary related contracted-out scheme by virtue of section 9(2B) and references to pensions and accrued rights under the scheme are to such pensions and rights so far as attributable to an earner's service on or after the principal appointed day (including, in a case where there has been a transfer payment, any pensions or rights deriving (directly or indirectly) from— (a) an earner's service on or after the principal appointed day in employment that was contracted-out employment by reference to another scheme, or (b) in a case where the transfer payment was made before the first abolition date, protected rights under another occupational pension scheme or under a personal pension scheme which derive from payments or contributions in respect of employment on or after the principal appointed day). (3) Regulations under subsection (1) may provide that any provision of this Part shall have effect subject to such modifications as may be specified in the regulations.

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38 Alteration of rules of appropriate schemes.

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38A Regulations about relevant gender change cases

(1) The Secretary of State may, by regulations, make provision for— (a) section 17, (b) section 24D, or (c) section 37, to have its special effect in relevant gender change cases only if conditions prescribed in the regulations are met. (2) Regulations under subsection (1) may, in particular, prescribe conditions that relate to the provision of information by— (a) one or both of the members of married same sex couples, or (b) the survivors of such couples. (3) The Secretary of State may, by regulations, make further provision about cases where (because of regulations under subsection (1))— (a) section 17, (b) section 24D, or (c) section 37, does not have its special effect in relevant gender change cases. (4) Regulations under subsection (3) may, in particular, provide for the section in question to have its ordinary effect in relevant gender change cases. (5) Regulations under subsection (1) or (3) may, in particular, modify or disapply any enactment that concerns information relating to— (a) the gender or sex of a person, or (b) the change of gender or sex of a person, including any enactment that concerns requests for, or disclosure of, such information. (6) In this section, in relation to section 17 , 24D or 37— (a) “relevant gender change case” has the same meaning as in that section; (b) “special effect” means the effect which the section has (if regulations under subsection (1) of this section are ignored) in relation to relevant gender change cases, insofar as that effect is different from the section's ordinary effect; (c) “ordinary effect” means the effect which the section has in relation to same sex married couples in cases that are not relevant gender change cases.

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39 General power to make regulations.

Schedule 2 shall have effect for enabling regulations to be made in relation to the operation and administration of this Part, and Part I of that Schedule has effect as respects occupational pension schemes ...

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40 Scope of Chapter II.

This Chapter has effect for the purpose— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) of providing for contributions to be paid by the Inland Revenue in respect of earners who are members of money purchase contracted-out schemes and members of appropriate personal pension schemes; and (c) of making provision concerning the payment of certain social security benefits payable in respect of members and former members of schemes that were contracted-out pension schemes.

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41 Reduced rates of Class 1 contributions

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42 Review and alteration of rates of contributions applicable under s. 41.

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42A Reduced rates of Class 1 contributions, and rebates

(1) Subsections (2) to (2D) and (3) apply where— (a) the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment, and (b) the earner’s service in the employment is service which qualifies him for a pension provided by a money purchase contracted-out scheme; and in subsections (2) and (2A) “the relevant part”, in relation to those earnings, means so much of those earnings as exceeds the current lower earnings limit but not the upper accrual point (or the prescribed equivalents if the earner is paid otherwise than weekly). (2) The amount of any primary Class 1 contribution attributable to section 8(1)(a) of the Social Security Contributions and Benefits Act 1992 in respect of the earnings shall be reduced by an amount equal to the appropriate flat-rate percentage of the relevant part of the earnings (“Amount R1”). (2A) The amount of any secondary Class 1 contribution in respect of the earnings shall be reduced by an amount equal to the appropriate flat-rate percentage of the relevant part of the earnings (“Amount R2”). (2B) The aggregate of Amounts R1 and R2 shall be set off— (a) first against the aggregate amount which the secondary contributor is liable to pay in respect of the contributions mentioned in subsections (2) and (2A); and (b) then (as to any balance) against any amount which the secondary contributor is liable to pay in respect of a primary or secondary Class 1 contribution in respect of earnings— (i) paid to or for the benefit of any other employed earner (whether in contracted-out employment or not), and (ii) in relation to which the secondary contributor is such a contributor; and in this subsection any reference to a liability to pay an amount in respect of a primary Class 1 contribution is a reference to such a liability under paragraph 3 of Schedule 1 to the Social Security Contributions and Benefits Act 1992. (2C) If— (a) any balance remains, and (b) the secondary contributor makes an application for the purpose to the Inland Revenue, the Inland Revenue shall, in such manner and at such time (or within such period) as may be prescribed, pay to the secondary contributor an amount equal to the remaining balance. But regulations may make provision for the adjustment of an amount that would otherwise be payable under this subsection so as to avoid the payment of trivial or fractional amounts. (2D) If the Inland Revenue pay any amount under subsection (2C) which they are not required to pay, they may recover that amount from the secondary contributor in such manner and at such time (or within such period) as may be prescribed. (3) Subject to subsection (5A), the Inland Revenue shall except in prescribed circumstances or in respect of prescribed periods pay in respect of that earner and that tax week to the earner or, in prescribed circumstances, to a prescribed person the amount by which— (a) the appropriate age-related percentage of that part of those earnings, exceeds (b) the appropriate flat-rate percentage of that part of those earnings. (4) Regulations may make provision— (a) as to the manner in which and time at which or period within which payments under subsection (3) are to be made, (b) for the adjustment of the amount which would otherwise be payable under that subsection so as to avoid the payment of trivial or fractional amounts, (c) for earnings to be calculated or estimated in such manner and on such basis as may be prescribed for the purpose of determining whether any, and if so what, payments under subsection (3) are to be made. (5) If the Inland Revenue pay an amount under subsection (3) which they are not required to pay or is not required to pay to the person to whom, or in respect of whom, he pays it, he may recover it from any person to whom, or in respect of whom, he paid it. (5A) Where a payment under subsection (3) is due in respect of an earner, HMRC are not required to make the payment if they determine that the cost to them of administering the payment would exceed the amount of the payment. (6) Where— (a) an earner has ceased to be employed in an employment, and (b) earnings are paid to him or for his benefit within the period of six weeks, or such other period as may be prescribed, from the day on which he so ceased, that employment shall be treated for the purposes of this section as contracted-out employment at the time when the earnings are paid if it was contracted-out employment in relation to the earner when he was last employed in it. (7) Subsection (3) of section 41 applies for the purposes of this section as it applies for the purposes of that. (8) For the purposes of this section “the appropriate age-related percentage” and “the appropriate flat-rate percentage”, in relation to a tax year beginning before the first abolition date, are the percentages specified as such for that tax year in an order made under section 42B (as it had effect prior to that date).

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42B Determination and alteration of rates of contributions, and rebates, applicable under section 42A

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43 Payment of minimum contributions to personal pension schemes.

(1) Subject to the following provisions of this Part, the Inland Revenue shall, except in such circumstances or in respect of such periods as may be prescribed, pay minimum contributions in respect of an employed earner for any period during which the earner— (a) is over the age of 16 but has not attained pensionable age; (b) is not a married woman or widow who has made an election which is still operative that so much of her liability in respect of primary Class 1 contributions as is attributable to section 8(1)(a) of the Social Security Contributions and Benefits Act 1992 (c. 4) shall be a liability to contribute at a reduced rate; and (c) is a member of an appropriate personal pension scheme which is for the time being the earner’s chosen scheme. (2) Subject to subsection (3), minimum contributions in respect of an earner shall be paid to the earner. (3) In such circumstances as may be prescribed minimum contributions shall be paid to a prescribed person. (4) Where the condition mentioned in subsection (1)(a) or (c) ceases to be satisfied in the case of an earner in respect of whom the Inland Revenue are required to pay minimum contributions, the duty of the Inland Revenue to pay them shall cease as from a date determined in accordance with regulations. (5) If the Inland Revenue pay an amount by way of minimum contributions which they are not required to pay, they may recover it— (a) from the person to whom they paid it, or (b) from any person in respect of whom they paid it. (6) If the Inland Revenue pay in respect of an earner an amount by way of minimum contributions which they are required to pay, but do not pay it to the trustees or managers of the earner’s chosen scheme, they may recover it from the person to whom they paid it or from the earner. (6A) Where a payment under subsection (1) is due in respect of an earner, HMRC are not required to make the payment if they determine that the cost to them of administering the payment would exceed the amount of the payment. (7) In this section “the earner's chosen scheme” means the scheme which was immediately before the first abolition date the earner's chosen scheme in accordance with section 44 (as it had effect prior to that date).

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44 Earner’s chosen scheme.

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45 Amount of minimum contributions.

(1) In relation to any tax week falling within a period for which the Inland Revenue are required to pay minimum contributions in respect of an earner, the amount of those contributions shall be an amount equal to the appropriate age-related percentage of so much of the earnings paid in that week (other than earnings in respect of contracted-out employment) as exceeds the current lower earnings limit but not the upper accrual point (or the prescribed equivalents if he is paid otherwise than weekly). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Regulations may make provision— (a) for earnings to be calculated or estimated in such manner and on such basis as may be prescribed for the purpose of determining whether any, and if so what, minimum contributions are payable in respect of them; (b) for the adjustment of the amount which would otherwise be payable by way of minimum contributions so as to avoid the payment of trivial or fractional amounts; (c) for the intervals at which, for the purposes of minimum contributions, payments of earnings are to be treated as made; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) for this section to have effect in prescribed cases as if for any reference to a tax week there were substituted a reference to a prescribed period ... ; (f) as to the manner in which and time at which or period within which minimum contributions are to be made. (4) For the purposes of this section “the appropriate age-related percentage”, in relation to a tax year beginning before the first abolition date, is the percentage (or percentages) specified as such for that tax year in an order made under section 45A (as it had effect prior to that date).

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45A Determination and alteration of rates of minimum contributions under section 45

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45B Money purchase and personal pension schemes: verification of ages

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46 Effect of entitlement to guaranteed minimum pensions on payment of social security benefits.

(1) Where for any period a person is entitled both— (a) to a Category A or Category B retirement pension, a widowed mother’s allowance , a widowed parent’s allowance or a widow’s pension under the Social Security Contributions and Benefits Act 1992; and (b) to one or more guaranteed minimum pensions, the weekly rate of the benefit mentioned in paragraph (a) shall for that period be reduced by an amount equal— (i) to that part of its additional pension which is attributable to earnings factors for any tax years ending before the principal appointed day, or (ii) to the weekly rate of the pension mentioned in paragraph (b) (or, if there is more than one such pension, their aggregate weekly rates), whichever is the less. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Where for any period— (a) a person is entitled to one or more guaranteed minimum pensions; and (b) he is also entitled to long-term incapacity benefit under section 30A of the Social Security Contributions and Benefits Act 1992, for that period an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions shall be deducted from any increase payable under regulations under section 30B(7) of that Act and he shall be entitled to such an increase only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it. (4) Where for any period— (a) a person is entitled to one or more guaranteed minimum pensions; (b) he is also entitled to a Category A retirement pension under section 44 of the Social Security Contributions and Benefits Act 1992; and (c) the weekly rate of his pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act, for that period section 47 of that Act shall have effect as if the following subsection were substituted for subsection (3)— (3) In subsection (2) above “the relevant amount” means an amount equal to the aggregate of— (a) the additional pension; and (b) the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions, reduced by the amount of any reduction in the weekly rate of the Category A retirement pension made by virtue of section 46(1) of the Pension Schemes Act 1993. . (5) Where for any period— (a) a person is entitled to one or more guaranteed minimum pensions; (b) he is also entitled to a Category A retirement pension under section 44 of the Social Security Contributions and Benefits Act 1992; and (c) the weekly rate of his Category A retirement pension does not include an additional pension such as is mentioned in subsection (3)(b) of that section, for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under section 47(1) of that Act and the pensioner shall be entitled to an increase under that section only if there is a balance remaining after that deduction and, if there is such a balance, of an amount equal to it. (6) Where for any period— (a) a person is entitled to one or more guaranteed minimum pensions; (b) he is also entitled— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) to a Category A retirement pension under section 44 of that Act; or (iii) to a Category B retirement pension under section ... 48B or 48BB of that Act; and (c) the weekly rate of the pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act, for that period paragraph 3 of Schedule 7 to that Act shall have effect as if the following sub-paragraph were substituted for sub-paragraph (3)— (3) In this paragraph “the relevant amount” means an amount equal to the aggregate of— (a) the additional pension; and (b) the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions, reduced by the amount of any reduction in the weekly rate of the pension made by virtue of section 46(1) of the Pension Schemes Act 1993. . (7) Where for any period— (a) a person is entitled to one or more guaranteed minimum pensions; (b) he is also entitled to any of the pensions under the Social Security Contributions and Benefits Act 1992 mentioned in subsection (6)(b); and (c) the weekly rate of the pension does not include an additional pension such as is mentioned in section 44(3)(b) of that Act, for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under paragraph 3 of Schedule 7 to that Act and the beneficiary shall be entitled to an increase only if there is a balance after that deduction and, if there is such a balance, only to an amount equal to it. (8) In this section “the relevant amount” means an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in the case of subsection (5), reduced by the amount of any reduction in the weekly rate of the Category A retirement pension made by virtue of subsection (1); and references in this section to the weekly rate of a guaranteed minimum pension are references to that rate without any increase under section 15(1). (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) In this section a reference to “additional pension” does not include any amount of additional pension attributable to units of additional pension. (11) For units of additional pension, see section 14A of the Social Security Contributions and Benefits Act 1992.

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46A Retirement in tax year after 5th April 2020

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47 Further provisions concerning entitlement to guaranteed minimum pensions for the purposes of s. 46.

(1) The reference in section 46(1) to a person entitled to a guaranteed minimum pension shall be construed as including a reference to a person so entitled by virtue of being the widower , surviving same sex spouse or surviving civil partner of an earner in any case where he is entitled to a benefit other than a widowed parent’s allowance ... only if— (a) he is also entitled to a Category B retirement pension by virtue of the earner’s contributions (or would be so entitled but for section 43(1) of the Social Security Contributions and Benefits Act 1992); or (b) he is also entitled to a Category A retirement pension by virtue of section 41(5) of that Act. (2) For the purposes of section 46 a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled— (a) if its commencement had not been postponed, as mentioned in section 13(4); or (b) if there had not been made a transfer payment or transfer under regulations made by virtue of section 20 as a result of which— (i) he is no longer entitled to guaranteed minimum pensions under the scheme by which the transfer payment or transfer was made, and (ii) he has not become entitled to guaranteed minimum pensions under the scheme to which the transfer payment or transfer was made. (3) Where— (a) guaranteed minimum pensions provided for a member or the member’s widow, widower or surviving civil partner under a contracted-out scheme have been wholly or partly secured as mentioned in subsection (3) of section 19; and (b) either— (i) the transaction wholly or partly securing them was carried out before 1st January 1986 and discharged the trustees or managers of the scheme as mentioned in subsection (1) of that section; or (ii) it was carried out on or after that date without any of the requirements specified in subsection (5)(a) to (c) of that section being satisfied in relation to it and the scheme has been wound up; and (c) any company with which any relevant policy of insurance or annuity contract was taken out or entered into is unable to meet the liabilities under policies issued or securities given by it; and (d) the combined proceeds of— (i) any relevant policies and annuity contracts, and (ii) any cash sums paid or alternative arrangements made under the Financial Services Compensation Scheme, are inadequate to provide the whole of the amount secured, the member and the member’s widow, widower or surviving civil partner shall be treated for the purposes of section 46 as only entitled to such part (if any) of the member’s or, as the case may be, the member’s widow's, widower’s or surviving civil partner's guaranteed minimum pension as is provided by the proceeds mentioned in paragraph (d). (4) A policy or annuity is relevant for the purposes of subsection (3) if taking it out or entering into it constituted the transaction to which section 19 applies. (5) For the purposes of section 46 a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled— (a) if a lump sum had not been paid instead of that pension under provisions included in a scheme by virtue of section 21(1); or (b) if that pension had not been forfeited under provisions included in a scheme by virtue of section 21(2). (6) For the purposes of section 46, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for section 14(2A) and any reduction under section 15A. (7) For the purposes of section 46, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for any order under section 342A of the Insolvency Act 1986 (recovery of excessive pension contributions) or under section 101 of the Bankruptcy (Scotland) Act 2016. (8) For the purposes of section 46, a person shall be treated as entitled to a guaranteed minimum pension to which he would have been entitled but for the fact that the trustees or managers were discharged from their liability to provide that pension on the Board of the Pension Protection Fund assuming responsibility for the scheme. (9) For the purposes of section 46, a person shall be treated as entitled to a guaranteed minimum pension to which, in the opinion of the Commissioners for Her Majesty's Revenue and Customs, he would have been entitled but for the amendment of a scheme so that it no longer contains the guaranteed minimum pension rulesGMP conversion (within the meaning given by section 24A(1)) in relation to the person. (10) Where the earner's accrued rights have been transferred after the amendment of the scheme, in making the calculation under subsection (9) the Commissioners shall assume the application of section 16(1) after the transfer. (11) In making the calculation under subsection (9) the Commissioners shall ignore any effect of the scheme being wound up.

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48 Reduced benefits where minimum payments or minimum contributions paid.

(1) Subject to subsection (3), this subsection applies where for any period— (a) minimum payments have been made in respect of an earner to an occupational pension scheme which is a money purchase contracted-out scheme in relation to the earner’s employment, or (b) minimum contributions have been paid in respect of an earner under section 43. (2) Where subsection (1) applies then, for the purposes of section 46— (a) the earner shall be treated, as from the date on which he reaches pensionable age, as entitled to a guaranteed minimum pension at a prescribed weekly rate arising from that period in that employment; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) in prescribed circumstances ... any widow, widower or surviving civil partner of the earner shall be treated as entitled to a guaranteed minimum pension at a prescribed weekly rate arising from that period; and where subsection (1)(b) applies paragraphs (a) to (c) of this subsection apply also for the purposes of section 47(2) of the Social Security Contributions and Benefits Act 1992 and paragraph 3(2) of Schedule 7 to that Act, but with the omission from paragraph (a) of the words “in that employment”. (3) Where the earner is a married woman or widow, subsection (1) shall not have effect by virtue of paragraph (a) of that subsection in relation to any period during which there is operative an election that her liability in respect of primary Class 1 contributions shall be a liability to contribute at a reduced rate. (4) The power to prescribe a rate conferred by subsection (2)(a) includes power to prescribe a nil rate.

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48A Additional pension and other benefits

(1) In relation to— (a) any tax week falling before the first abolition date where the amount of a Class 1 contribution attributable to section 8(1)(a) of the Social Security Contributions and Benefits Act 1992 in respect of the earnings paid to or for the benefit of an earner in that week was reduced under section 42A of this Act (as it then had effect), (b) any tax week falling before the second abolition date where the amount of a Class 1 contribution attributable to section 8(1)(a) of the Social Security Contributions and Benefits Act 1992 in respect of the earnings paid to or for the benefit of an earner in that week was reduced under section 41 of this Act (as it then had effect), or (c) any tax week falling before the first abolition date where an amount was paid under section 45(1) of this Act (as it then had effect) in respect of the earnings paid to or for the benefit of an earner, section 44(6) of the Social Security Contributions and Benefits Act 1992 (earnings factors for additional pension) shall have effect, except in prescribed circumstances, as if no such primary Class 1 contributions had been paid or treated as paid upon those earnings for that week and section 45A of that Act did not apply (where it would, apart from this subsection, apply). (2) Where the whole or part of a contributions equivalent premium has been paid or treated as paid in respect of the earner, the Secretary of State may make a determination reducing or eliminating the application of subsection (1). (3) Subsection (1) is subject to regulations under paragraph 5(3A) to (3E) of Schedule 2. (4) Regulations may, so far as is required for the purpose of providing entitlement to additional pension (such as is mentioned in section 44(3)(b) of the Social Security Contributions and Benefits Act 1992) but to the extent only that the amount of additional pension is attributable to provision made by regulations under section 45(5) of that Act, disapply subsection (1). (5) In relation to earners where, by virtue of subsection (1), section 44(6) of the Social Security Contributions and Benefits Act 1992 has effect, in any tax year, as mentioned in that subsection in relation to some but not all of their earnings, regulations may modify the application of section 44(5) or (5A) of that Act.

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49 Women, married women and widows.

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