Pension Schemes Act 1993

1. Introductory Text

2. Part I Preliminary

   1. 1. Categories of pension schemes

3. Part II Administration

   1. The Occupational Pensions Board

      1. 2. Constitution and functions of the Board

      2. 3. Membership of the Board

      3. 4. Reports of the Board

      4. 5. Further provisions as to constitution and procedure of the Board

   2. Registration of schemes

      1. 6. Registration of occupational and personal pension schemes

4. Part III Certification of Pension Schemes and Effects on Members' State Scheme Rights and Duties

   1. Chapter I Certification

      1. Preliminary

         1. 7. Issue of contracting-out and appropriate scheme certificates

         2. 8. Meaning of “contracted-out employment”, “guaranteed minimum pension” and “minimum payment”

      2. General requirements for certification

         1. 9. Requirements for certification of schemes: general

         2. 10. Protected rights and money purchase benefits

         3. 11. Elections as to employments covered by contracting-out certificates

         4. 12. Determination of basis on which scheme is contracted-out

      3. Requirements for certification of occupational pension schemes providing guaranteed minimum pensions

         1. 13. Minimum pensions for earners

         2. 14. Earner’s guaranteed minimum

         3. 15. Increase of guaranteed minimum where commencement of guaranteed minimum pension postponed

         4. 16. Revaluation of earnings factors for purposes of s. 14: early leavers etc

         5. 17. Minimum pensions for widows and widowers

         6. 18. Treatment of insignificant amounts

         7. 19. Discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts

         8. 20. Transfer of accrued rights

         9. 21. Commutation, surrender and forfeiture

         10. 22. Financing of benefits

         11. 23. Securing of benefits

         12. 24. Sufficiency of resources

      4. Discretionary requirements

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

      5. Requirements for certification of occupational and personal money purchase schemes

         1. 26. Persons who may establish scheme

         2. 27. Identification and valuation of protected rights

         3. 28. Ways of giving effect to protected rights

         4. 29. The pension and annuity requirements

         5. 30. Securing of liability for protected rights

         6. 31. Investment and resources of schemes

         7. 32. Suspension or forfeiture

         8. 33. Tax requirements to prevail over certification requirements

      6. Cancellation, variation, surrender and refusal of certificates

         1. 34. Cancellation, variation, surrender and refusal of certificates

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

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

      7. Alteration of scheme rules after certification

         1. 37. Alteration of rules of contracted-out schemes

         2. 38. Alteration of rules of appropriate schemes

      8. General regulations as to administration of Part III

         1. 39. General power to make regulations

   2. Chapter II Reduction in state scheme contributions and Social Security benefits for members of certified schemes

      1. Preliminary

         1. 40. Scope of Chapter II

      2. Reduced rates of state scheme Class 1 contributions

         1. 41. Reduced rates of Class 1 contributions for earners in contracted-out employment

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

      3. Minimum contributions: members of appropriate personal pension schemes

         1. 43. Payment of minimum contributions to personal pension schemes

         2. 44. Earner’s chosen scheme

         3. 45. Amount of minimum contributions

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

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

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

         3. 48. Reduced benefits where minimum payments or minimum contributions paid

      5. Married women and widows

         1. 49. Married women and widows

   3. Chapter III Termination of contracted-out or appropriate scheme status: state scheme premiums

      1. Approval of arrangements for schemes ceasing to be certified

         1. 50. Powers of Board to approve arrangements for scheme ceasing to be certified

         2. 51. Calculation of guaranteed minimum pensions preserved under approved arrangements

      2. Supervision of formerly certified schemes

         1. 52. Supervision of schemes which have ceased to be certified

         2. 53. Supervision: former contracted-out schemes

         3. 54. Supervision: former appropriate personal pension schemes

      3. State scheme premiums

         1. 55. Payment of state scheme premiums on termination of certified status

         2. 56. Provisions supplementary to s. 55

         3. 57. Elections to pay contributions equivalent premiums

         4. 58. Amount of premiums payable under s. 55

         5. 59. Alternative basis for revaluation of earnings factors for calculation of certain premiums

         6. 60. Effect of payment of premiums on rights

         7. 61. Deduction of contributions equivalent premium from refund of scheme contributions

         8. 62. No recovery of state scheme premiums from earners etc

         9. 63. Further provisions concerning calculations relating to premiums

         10. 64. Actuarial tables for purposes of calculations relating to premiums

         11. 65. Inclusion of former and future earners for some purposes of this Chapter

         12. 66. Power to apply certain provisions to widowers

         13. 67. Non-payment of state scheme premiums

         14. 68. Unpaid premiums: supplementary

5. Part IV Protection for early leavers

   1. Chapter I reservation of benefit under occupational schemes

      1. 69. Scope of Chapter I: the preservation requirements

      2. 70. Interpretation

      3. 71. Basic principle as to short service benefit

      4. 72. No discrimination between short service and long service beneficiaries

      5. 73. Form of short service benefit and its alternatives

      6. 74. Computation of short service benefit

      7. 75. Credits

      8. 76. Pension increases

      9. 77. Assignment, surrender and commutation of benefit

      10. 78. Forfeiture, etc

      11. 79. Charges, liens and set-offs

      12. 80. Power to modify ss. 77 to 79 as respects alternative benefits

      13. 81. Discharge of liability where short service or alternative benefits secured by insurance policies or annuity contracts

      14. 82. Supplementary regulations

   2. Chapter II Revaluation of accrued benefits (excluding guaranteed minimum pensions)

      1. 83. Scope of Chapter II

      2. 84. Basis of revaluation

      3. 85. Revaluation not to apply to substituted benefit

      4. 86. Supplementary provisions

   3. Chapter III Protection of increases in guaranteed minimum pensions (“anti-franking”)

      1. 87. General protection principle

      2. 88. The relevant sum

      3. 89. The appropriate addition

      4. 90. The later earnings addition

      5. 91. Special provision where employment continues after it ceases to be contracted-out by reference to scheme

      6. 92. Supplementary provisions

   4. Chapter IV Transfer values

      1. 93. Scope of Chapter IV

      2. 94. Right to cash equivalent

      3. 95. Ways of taking right to cash equivalent

      4. 96. Further provisions concerning exercise of option under s. 95

      5. 97. Calculation of cash equivalents

      6. 98. Variation and loss of rights under s. 94

      7. 99. Trustees' duties after exercise of option

      8. 100. Withdrawal of applications

      9. 101. Supplementary provisions

6. Part V Annual Increases of Pensions in Payment

   1. Chapter I Pensions under Final Salary Schemes etc.

      1. 102. Scope of Chapter I: annual increase of certain occupational pensions

      2. 103. Annual increase of later service component

      3. 104. Annual increase of earlier service component where scheme is in surplus

      4. 105. Proportional increase where first period is less than 12 months

      5. 106. Restriction on increase where member is under 55

      6. 107. Application of Chapter I to pensions not attributable to pensionable service

      7. 108. No payments to employers from non-complying schemes

   2. Chapter II Guaranteed minimum pensions

      1. 109. Annual increase of guaranteed minimum pensions

      2. 110. Requirement as to resources for annual increase of guaranteed minimum pensions

7. Part VI Further Requirements for Protection of Scheme Members

   1. 111. Voluntary contributions

   2. 112. Restrictions on investment of scheme’s resources in employer-related assets

   3. 113. Disclosure of information about schemes to members etc

   4. 114. Additional documents for members etc. and Registrar

   5. 115. Powers as respects failure to comply with information requirements

   6. 116. Regulations as to auditors

   7. 117. Regulations as to form and content of advertisements

   8. 118. Equal access requirements

8. Part VII Insolvency of employers

   1. Chapter I Independent trustees

      1. 119. Requirement for independent trustee where employer becomes insolvent etc

      2. 120. Members' powers to apply to court to enforce duty under s. 119

      3. 121. Further provisions as to appointment and powers of independent trustees

      4. 122. Duty of insolvency practitioner or official receiver to give information to scheme trustees

   2. Chapter II Payment by Secretary of State of unpaid scheme contributions

      1. 123. Interpretation of Chapter II

      2. 124. Duty of Secretary of State to pay unpaid contributions to schemes

      3. 125. Certification of amounts payable under s. 124 by insolvency officers

      4. 126. Complaint to industrial tribunal

      5. 127. Transfer to Secretary of State of rights and remedies

   3. Chapter III Priority in bankruptcy

      1. 128. Priority in bankruptcy etc

9. Part VIII Relationship between requirements and scheme rules

   1. 129. Overriding requirements

   2. 130. Extra-statutory benefits

   3. 131. Relationship of preservation requirements and scheme rules

   4. 132. Duty to bring schemes into conformity with indirectly-applying requirements

   5. 133. Advice of the Board as to conformity of schemes with requirements

   6. 134. Determination of questions whether schemes conform with requirements

   7. 135. Persons competent to make applications under s. 134

10. Part IX Modification and winding up of schemes

    1. Modification

       1. 136. Applications to the Board to modify schemes (other than public service schemes)

       2. 137. Persons competent to make applications under s. 136

       3. 138. Further provisions concerning the Board’s powers under s. 136

       4. 139. Other functions of the Board as respects modification of schemes

       5. 140. Effect of orders under ss. 136 and 139

       6. 141. Modification of public service schemes

    2. Winding up

       1. 142. Powers of the Board to wind up schemes

       2. 143. Winding up of public service schemes

       3. 144. Deficiencies in the assets of a scheme on winding up

11. Part X Investigations: the Pensions Ombudsman

    1. 145. The Pensions Ombudsman

    2. 146. Functions of the Pensions Ombudsman

    3. 147. Death, insolvency or disability of authorised complainant

    4. 148. Staying court proceedings where a complaint is made or a dispute is referred

    5. 149. Procedure on an investigation

    6. 150. Investigations: further provisions

    7. 151. Determinations of the Pensions Ombudsman

    8. 152. Power to make special county court rules

12. Part XI General and miscellaneous provisions

    1. Modification powers

       1. 153. Power to modify certain provisions of this Act

       2. 154. Application of enactments as respects personal pension schemes

    2. Information about schemes

       1. 155. Requirement to give information to the Secretary of State or the Board for the purposes of certain provisions

       2. 156. Information as to guaranteed minimum pensions

       3. 157. Power of Secretary of State to obtain information in connection with applications under s. 124

       4. 158. Disclosure of information between government departments etc

    3. Avoidance of certain transactions and provisions

       1. 159. Inalienability of guaranteed minimum pension and protected rights payments

       2. 160. Terms of contracts of service or schemes restricting choice to be void

       3. 161. Provisions excluding Chapter II of Part VII to be void

       4. 162. Removal of restrictions on friendly societies' pension business

       5. 163. Exemption of certain schemes from rule against perpetuities

    4. Special classes of earner

       1. 164. Crown employment

       2. 165. Application of certain provisions to cases with foreign element

    5. Reciprocity with other countries

       1. 166. Reciprocity with other countries

    6. Application of provisions relating to social security administration

       1. 167. Application of general provisions relating to administration of social security

    7. General provisions as to offences

       1. 168. Breach of regulations

       2. 169. Offences by bodies corporate

    8. General provisions as to determinations and appeals

       1. 170. Determination of questions by Secretary of State

       2. 171. Questions arising in proceedings

       3. 172. Review of the Board’s determinations

       4. 173. References and appeals from the Board

    9. Financial provisions

       1. 174. Grants by the Board to advisory bodies etc

       2. 175. Levies towards meeting certain costs and grants

       3. 176. Fees for official services to schemes

       4. 177. General financial arrangements

13. Part XII Supplementary Provisions

    1. Interpretation

       1. 178. Trustees and managers of schemes

       2. 179. Linked qualifying service

       3. 180. Normal pension age

       4. 181. General interpretation

    2. Subordinate legislation etc.

       1. 182. Orders and regulations (general provisions)

       2. 183. Sub-delegation

       3. 184. Consultation with Social Security Advisory Committee about regulations under s. 36(6)

       4. 185. Consultations about other regulations

       5. 186. Parliamentary control of orders and regulations

       6. 187. Northern Ireland Constitution Act 1973: “reserved matters”

    3. Supplemental provisions

       1. 188. Repeals

       2. 189. Transitional provisions and savings

       3. 190. Prospective and consequential amendments

       4. 191. Transitory modifications

       5. 192. Extent

       6. 193. Short title and commencement

14. SCHEDULES

    1. SCHEDULE 1

       The Occupational Pensions Board

       1. Introductory

          1. 1. The following provisions of this Schedule shall have effect as...

       2. Membership

          1. 2. Subject to the following provisions, a person shall hold and...

          2. 3. A person may at any time resign office as chairman,...

          3. 4. (1) If a member of the Board becomes or ceases...

          4. 5. (1) If the Secretary of State is satisfied that a...

       3. Expenses, remuneration, etc. of members

          1. 6. The expenses of the Board, to such an amount as...

          2. 7. There may be paid as part of the expenses of...

          3. 8. The Secretary of State may with the consent of the...

          4. 9. Where— (a) a person ceases to be a member of...

       4. Procedure

          1. 10. (1) The Secretary of State may make regulations generally as...

          2. 11. Subject to regulations made by the Secretary of State under...

       5. Proceedings

          1. 12. The quorum of the Board and the arrangements relating to...

          2. 13. The validity of the proceedings of the Board shall not...

          3. 14. (1) Where the Board give a decision on any matter...

       6. Staff etc.

          1. 15. (1) The Secretary of State may make available to the...

       7. Fees

          1. 16. Regulations made by the Secretary of State may authorise the...

       8. Instruments and contracts

          1. 17. The fixing of the common seal of the Board shall...

          2. 18. A document purporting to be duly executed under the seal...

    2. SCHEDULE 2

       Certification Regulations

       1. Part I Occupational Pension Schemes

          1. General regulations: beginning and ending of employment

             1. 1. (1) In relation to employments which are or at any...

             2. 2. (1) Subject to sub-paragraph (2), regulations may enable the Board...

             3. 3. Provision may be made by regulations for requiring an employer...

          2. Power to modify Part III etc.

             1. 4. (1) Regulations may modify the provisions of Part III (other...

          3. State scheme premiums

             1. 5. (1) Regulations may make provision for requiring persons to furnish...

          4. Schemes covering different employers

             1. 6. (1) Regulations may modify Chapters I and III of Part...

          5. Special provisions for certain public service pension schemes

             1. 7. (1) This paragraph applies to the following classes of employments,...

          6. Incidental matters

             1. 8. Regulations may make provision— (a) for any incidental matters connected...

       2. Part II Personal Pension Schemes

          1. 9. (1) Subject to the following provisions, paragraph 5 applies in...

    3. SCHEDULE 3

       Methods of revaluing accrued pension benefits

       1. The final salary method

          1. 1. (1) The final salary method is to add to the...

       2. The revaluation percentage and the appropriate revaluation percentage

          1. 2. (1) For the purposes of paragraph 1 the Secretary of...

       3. The average salary method

          1. 3. (1) The average salary method is to revalue the member’s...

       4. The flat rate method

          1. 4. The flat rate method is to revalue the benefits which...

       5. The money purchase method

          1. 5. (1) Subject to sub-paragraphs (2) and (3), the money purchase...

    4. SCHEDULE 4

       Priority in Bankruptcy etc

       1. Earner’s contributions to occupational pension scheme

          1. 1. This Schedule applies to any sum owed on account of...

       2. Employer’s contributions to occupational pension scheme

          1. 2. (1) This Schedule applies to any sum owed on account...

       3. State scheme premiums

          1. 3. (1) This Schedule applies to any sum owed on account...

       4. Interpretation

          1. 4. (1) In this Schedule— (a) in its application in England...

    5. SCHEDULE 5

       Repeals

       1. Part I General

       2. Part II Provisions relating to equal access

       3. Part III Provisions repealed as respects Great Britain only

       4. Part IV Subordinate legislation revoked

    6. SCHEDULE 6

       Transitional Provisions and Savings

       1. Part I General Provisions

          1. 1. In this Schedule “the repealed enactments” means the enactments repealed...

          2. 2. (1) The substitution of this Act for the repealed enactments...

          3. 3. Where— (a) this Act repeals an enactment relating to the...

          4. 4. (1) The repeal or revocation by this Act of an...

          5. 5. The repeal or revocation by this Act of an enactment...

          6. 6. Any document made, served or issued after this Act comes...

       2. Part II Specific Provisions

          1. Contracting-out requirements for schemes providing guaranteed minimum pensions

             1. 7. An occupational pension scheme which— (a) at any time before...

             2. 8. Any document the contents of which are in terms corresponding...

             3. 9. The requirement of the Social Security Pensions Act 1975 that...

             4. 10. (1) Where in the tax year 1989-90 the trustees or...

          2. Overriding effect of certain requirements for existing contracted-out and appropriate schemes

             1. 11. (1) Subject to sub-paragraph (2), if immediately before paragraph 7...

             2. 12. If immediately before 13th July 1990— (a) there was in...

          3. Transactions discharging trustees

             1. 13. Without prejudice to section 16 of the Interpretation Act 1978—...

          4. Contributions equivalent premiums: earnings before 1987-88

             1. 14. (1) Where an earner’s earnings paid in any period before...

          5. Preservation

             1. 15. Without prejudice to paragraph 3, in any case where—

          6. Anti-franking

             1. 16. (1) If before 21st July 1989 an earner ceased to...

          7. Modifications in consequence of enactment of Part I of the Social Security Act 1986

             1. 17. (1) Regulations may provide that any provision of this Act...

          8. Savings for statutory instruments

             1. 18. The repeal by this Act of section 26 of the...

             2. 19. The repeal of subsection (2) of section 17A of the...

          9. Provisions contained in this Act by virtue of statutory instruments

             1. 20. Without prejudice to any express provision in this Act, where...

          10. Saving for application of general provisions relating to social security

              1. 21. The repeals made by this Act do not affect the...

          11. Saving for section 7 of the Social Security Act 1986

              1. 22. The repeal by this Act of section 7 of the...

    7. SCHEDULE 7

       Re-enactment or amendment of certain provisions not in force

       1. The Equal Pay Act 1970 (c. 41)

          1. 1. In section 6(1A)(a) of the Equal Pay Act 1970 for...

       2. The Social Security Act 1989 (c. 24)

          1. 2. In Schedule 5 to the Social Security Act 1989—

       3. This Act

          1. 3. The following provisions of this Act shall cease to have...

    8. SCHEDULE 8

       Consequential Amendments

       1. The Parliamentary Commissioner Act 1967 (c. 13)

          1. 1. In paragraph 10 of Schedule 1 to the Parliamentary Commissioner...

       2. The Administration of Justice Act 1970 (c. 31)

          1. 2. In paragraph 3 of Schedule 4 to the Administration of...

       3. The Equal Pay Act 1970 (c. 41)

          1. 3. In section 6(1A)(a) of the Equal Pay Act 1970—

       4. The Attachment of Earnings Act 1971 (c. 32)

          1. 4. In section 24(2) of and paragraph 3 of Schedule 2...

       5. The Pensions (Increase) Act 1971 (c. 56)

          1. 5. In section 17(1) of the Pensions (Increase) Act 1971, in...

       6. The Superannuation Act 1972 (c. 11)

          1. 6. In section 1(9) of the Superannuation Act 1972, in the...

          2. 7. In sections 9(6) and 10(6) of that Act, in the...

          3. 8. In section 13(15), in the definition of “judicial pension scheme”,...

       7. The Social Security Pensions Act 1975 (c. 60)

          1. 9. (1) In section 59 of the Social Security Pensions Act...

       8. The Rent Act 1977 (c. 42)

          1. 10. In section 653(3) of the Rent Act 1977 for the...

       9. The Employment Protection (Consolidation) Act 1978 (c. 44)

          1. 11. (1) In section 11(4)(b) of the Employment Protection (Consolidation) Act...

       10. The Justices of the Peace Act 1979 (c. 55)

           1. 12. In sections 55(2)(b)(ii) and 58(2)(ii) of the Justices of the...

       11. The Judicial Pensions Act 1981 (c. 20)

           1. 13. In section 33A(9) of the Judicial Pensions Act 1981—

           2. 14. In Schedule 1A to that Act— (a) in paragraph 1...

       12. The Forfeiture Act 1982 (c. 34)

           1. 15. In the definition of “relevant enactment” in section 4(5) of...

       13. The Companies Act 1985 (c. 6)

           1. 16. In Schedule 2 to the Companies Act 1985—

       14. The Bankruptcy (Scotland) Act 1985 (c. 66)

           1. 17. In paragraph 4 of Schedule 3 to the Bankruptcy (Scotland)...

       15. The Insolvency Act 1986 (c. 45)

           1. 18. In section 386(3) of and paragraph 8 of Schedule 6...

       16. The Coal Industry Act 1987 (c. 3)

           1. 19. In section 7 of the Coal Industry Act 1987 for...

       17. The Income and Corporation Taxes Act 1988 (c. 1)

           1. 20. (1) In section 464(5)(b) of the Income and Corporation Taxes...

       18. The Official Secrets Act 1989 (c. 6)

           1. 21. In paragraph 4 of Schedule 1 to the Official Secrets...

       19. The Finance Act 1989 (c. 26)

           1. 22. In paragraph 11(2)(b) of Schedule 7 to the Finance Act...

       20. The Electricity Act 1989 (c. 29)

           1. 23. In paragraph 5(1) of Schedule 14 and in paragraph 5(1)...

       21. The Social Security Administration Act 1992 (c. 5)

           1. 24. In section 3(1)(c)(ii) of the Social Security Administration Act 1992...

           2. 25. At the end of section 70(3) of that Act there...

           3. 26. In section 110(8) of that Act for paragraphs (d) and...

           4. 27. In section 148(7) of that Act for the words “section...

           5. 28. In section 150 of that Act— (a) in subsection (1)(e),...

           6. 29. In section 151 of that Act— (a) in subsection (4),...

           7. 30. In section 155(7) of that Act, for the words “the...

           8. 31. In section 191 of that Act— (a) the following definitions...

       22. The Social Security Contributions and Benefits Act 1992 (c. 4)

           1. 32. In section 1(3) of the Social Security Contributions and Benefits...

           2. 33. In section 8(1) of that Act for the words “section...

           3. 34. In section 9(4) of that Act for the words “section...

           4. 35. In section 20(3) of that Act for the words from...

           5. 36. In section 23(2) of that Act after the words “the...

           6. 37. In section 34(5) of that Act for the words “section...

           7. 38. In section 44(8) of that Act for the words “section...

           8. 39. In section 47(3) of that Act for the words “section...

           9. 40. In section 50(2) of that Act for the words “section...

           10. 41. In section 174 of that Act, in the definition of...

           11. 42. In Schedule 5 to that Act— (a) in paragraph 2(6)...

           12. 43. In paragraph 3 of Schedule 7 to that Act—

       23. The Tribunals and Inquiries Act 1992 (c. 53)

           1. 44. In the Tribunals and Inquiries Act 1992—

       24. The Social Security Act 1993 (c. 3)

           1. 45. In section 2(4)(b) of the Social Security Act 1993—

       25. The Judicial Pensions and Retirement Act 1993 (c. 8)

           1. 46. (1) In section 10(8) of the Judicial Pensions and Retirement...

    9. SCHEDULE 9

       Transitory Modifications

       1. 1. (1) If— (a) no date has been appointed as the...

       2. Rule against perpetuities

          1. 2. In section 163, subsection (9) shall be omitted.

       3. Limited price indexation

          1. 3. (1) Sections 102 to 107 shall have effect only for...

       4. Guaranteed minimum for married women and widows paying reduced rate contributions

          1. 4. (1) In section 13(2)(a), the words from “and does” onwards...

          2. 5. In section 111, subsection (3) shall be omitted.

       5. Friendly societies

          1. 6. In section 162(4)(c)(i), for the words “section 65A” there shall...

       6. Judicial pensions

          1. 7. (1) In section 146, subsection (3) shall be omitted.

       7. TABLE OF DERIVATIONS

          1. 1. Notes:

          2. 2. The following abbreviations are used in the Table:— Acts of...

          3. 3. The abbreviation “Law Com Rec No.” followed by a number...

          4. 4. The entry “drafting” indicates a provision of a mechanical or...

          5. 5. The Table does not show the effect of transfer of...

          6. 6. The Table does not show the effect of the saving...