S. 2 in force at Royal Assent for specified purposes, see s. 131(3)(a)
S. 2: power to amend conferred (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by 2011 c. 19, s. 32(1)(b) (as inserted by Pension Schemes Act 2021 (c. 1), ss. 6(2)(a)(ii), 131(1)(3)(a); S.I. 2022/721, regs. 1(2), 3(a))
A benefit provided under a pension scheme is a “qualifying benefit” if—
the benefit is provided out of the available assets of the scheme,
under the rules of the scheme, the rate or amount of the benefit is subject to periodic adjustments designed to achieve a balance between the value of the available assets of the scheme and the required amount, and
the benefit is not of a description specified in regulations made by the Secretary of State.
In subsection (1)—
“
arise or derive from the payments made by or in respect of members of the scheme, and
are available (subject to any deductions that fall to be made in respect of administration charges) for the provision of benefits to or in respect of the members of the scheme collectively;
“
Regulations under subsection (1)(c) are subject to affirmative resolution procedure.
Where a scheme is divided into sections, this section has effect as if—
the reference to the scheme in subsection (1)(a) were a reference to a section of the scheme, and
the other references to the scheme were references to that section of it.m,.