Pensions Act 2008
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Change 1
16 Qualifying schemes
(1) A pension scheme is a qualifying scheme in relation to a jobholder (J) if— (a) the scheme is an occupational pension scheme or a personal pension scheme, (b) the scheme is registered under Chapter 2 of Part 4 of the Finance Act 2004 (c. 12), and (c) while J is an active member, the scheme satisfies the quality requirement in relation to J. (2) The Secretary of State may by regulations provide that subsection (1)(b) does not apply in relation to a scheme to which section 25 or 27 applies, if prescribed requirements are satisfied. (3) The Secretary of State may by regulations provide that a scheme is not a qualifying scheme in relation to J if— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) while J is an active member, the contributions that must be paid to the scheme by, or on behalf or in respect of, J exceed a prescribed amount, or (c) the scheme provides for average salary benefits to be provided to or in respect of J and contains prescribed features. (3A) See also paragraphs 1(4) and 2(4) of Schedule 18 to the Pensions Act 2014, which confer power to make regulations providing for a scheme not to be a qualifying scheme in relation to a jobholder in certain circumstances. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 Qualifying schemes
(1) A pension scheme is a qualifying scheme in relation to a jobholder (J) if— (a) the scheme is an occupational pension scheme or a personal pension scheme, (b) the scheme is registered under Chapter 2 of Part 4 of the Finance Act 2004 (c. 12), and (c) while J is an active member, the scheme satisfies the quality requirement in relation to J. (2) The Secretary of State may by regulations provide that subsection (1)(b) does not apply in relation to a scheme to which section 25 or 27 applies, if prescribed requirements are satisfied. (3) The Secretary of State may by regulations provide that a scheme is not a qualifying scheme in relation to J if— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) while J is an active member, the contributions that must be paid to the scheme by, or on behalf or in respect of, J exceed a prescribed amount, or (c) the scheme provides for average salary benefits to be provided to or in respect of J and contains prescribed features. (3A) See also paragraphs 1(4) and 2(4) of Schedule 18 to the Pensions Act 2014, which confer power to make regulations providing for a scheme not to be a qualifying scheme in relation to a jobholder in certain circumstances. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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