Social Security Act 1973

Recognition U.K.

51 Recognised pensionable employment. U.K.

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3) In this Act—

(a) “occupational pension scheme” means any scheme or arrangement which is comprised in one or more instruments or agreements and which has, or is capable of having, effect in relation to one or more descriptions or categories of employments so as to provide benefits, in the form of pensions or otherwise, payable on termination of service, or on death or retirement, to or in respect of earners with qualifying service in an employment of any such description or category; and

(b) “public service pension scheme” means an occupational pension scheme established by or under an enactment or the Royal prerogative or a Royal charter, being a scheme—

(i) all the particulars of which are set out in, or in a legislative instrument made under, an enactment, Royal warrant or charter, or

(ii) which cannot come into force, or be amended, without the scheme or amendment being approved by a Minister of the Crown or government department,

and includes [F2 any occupational pension scheme established, with the concurrence of the Minister for the Civil Service, by or with the approval of another Minister of the Crown and] any occupational pension scheme prescribed by regulations made by the Secretary of State and the Minister for the Civil Service jointly as being a scheme which ought in their opinion to be treated as a public service pension scheme for the purposes of this Part of this Act.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(5) References . . . F3 in the following provisions of this Part of this Act to employers 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 employments are treated by regulations as being employers for the purposes of this Part of this Act.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(8), (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

[F5 (10) Regulations may, for any purpose of this Part of this Act, 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.]

Textual Amendments

F1 Ss. 51(1),(2),(4),(6),(8),(9), 52(1)–(7)(9), 53–57, 58(3)–(5), 59(2)–(9), 60–62 repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5 and S.I. 1975/1503 (N.I. 15), Sch. 6

F2 Words inserted by Social Security Act 1980 (c. 30), s. 4(1) w.e.f. 23.5.80

F3 Words repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5, w.e.f. 21.11.75.

F4 S. 51(7) repealed (1.10.89) by Social Security Act 1989 (c. 24), Sch. 6, para. 1 and Sch. 9

F5 S. 51(10) repealed (N.I.) by S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

[F6 52 (1)–(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(8) Regulations may . . . F8 for any . . . F8 purposes of this Part of this Act, prescribe persons who, in the case of a scheme of any prescribed category, are to be regarded as the trustees or managers of a scheme of that category.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 ]

Textual Amendments

F6 S. 52 repealed (N.I.) by S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

F7 Ss. 51(1),(2),(4),(6),(8),(9), 52(1)–(7)(9), 53–57, 58(3)–(5), 59(2)–(9), 60–62 repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5 and S.I. 1975/1503 (N.I. 15), Sch. 6

F8 Words repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5 w.e.f. 7.8.75.

53—57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 U.K.

Textual Amendments

F9 Ss. 51(1),(2),(4),(6),(8),(9), 52(1)–(7)(9), 53–57, 58(3)–(5), 59(2)–(9), 60–62 repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5 and S.I. 1975/1503 (N.I. 15), Sch. 6

[F10 58 Transfer of benefit between schemes: linked qualifying service. E+W+S

(1) In this Act—

(a) “transfer credits” means rights allowed to an earner under the rules of an occupational pension scheme by reference to a transfer to that scheme of his accrued rights from another scheme;

(b) “accrued rights”, in relation to a scheme, includes any transfer credits allowed under that scheme; and

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

and in this subsection “rights” includes rights to benefit and also options to have benefit paid in a particular form or at a particular time.

(2) [F12 Subject to subsections (2A) and (2B) below]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—

[F13 (a) under the rules of a scheme applying to him in the earlier period of service—

(i) there was made a transfer of his accrued rights under that scheme to another scheme applying to him in the later period of service; or

(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;][F14 and]

(b) in consequence of [F15 the transfer of his accrued rights to the second scheme], there are (or were) allowed to him transfer credits under the rules of that other scheme,

except that, for any service to be taken into account as linked qualifying service, it must be actual service, no regard being 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 is.

[F16 (2A) 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.

(2B) As respects any case where the rules of a scheme provide—

(a) that an earner is not entitled to become a member unless he satsfies 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 an extent as may be prescribed, as linked qualifying service with later periods of service.]

(3)–(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 ]

Textual Amendments

F10 S. 58 repealed (N.I.) by S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

F11 S. 58(1)(c) repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5

F12 Words inserted (1.10.89) by Social Security Act 1989 (c. 24) Sch. 6, para. 2(1)

F13 Para. substituted by Social Security Act 1986 (c. 50), Sch. 10, para. 2 w.e.f. 25.7.86.

F14 Word inserted (1.10.89) by Social Security Act 1989 (c. 24) Sch. 7, para. 1.

F15 Words substituted by Social Security Act 1986 (c. 50), Sch. 10, para. 2 w.e.f. 25.7.86.

F16 Subsections (2A) and (2B) inserted (1.10.89) by Social Security Act 1989 (c. 24) Sch. 6, para. 2(1)

F17 Ss. 51(1),(2),(4),(6),(8),(9), 52(1)–(7)(9), 53–57, 58(3)–(5), 59(2)–(9), 60–62 repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5 and S.I. 1975/1503 (N.I. 15), Sch. 6

[F18 59 Financing and security of minimum benefits. E+W+S

(1) For the purposes of this Part of this Act the resources of an occupational pension scheme are the funds out of which the benefits provided by the scheme . . . F19 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.

(2)–(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 ]

Textual Amendments

F18 S. 59 repealed (N.I.) by S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

F19 Words repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5 w.e.f. 7.8.75.

F20 Ss. 51(1),(2),(4),(6),(8),(9), 52(1)–(7)(9), 53–57, 58(3)–(5), 59(2)–(9), 60–62 repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5 and S.I. 1975/1503 (N.I. 15), Sch. 6

60—62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 U.K.

Textual Amendments

F21 Ss. 51(1),(2),(4),(6),(8),(9), 52(1)–(7)(9), 53–57, 58(3)–(5), 59(2)–(9), 60–62 repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5 and S.I. 1975/1503 (N.I. 15), Sch. 6