Social Security Act 1985

Part IIE+W+S Guaranteed Minimum Pensions

Social Security Pensions Act 1975 (c.60)E+W+S

8In section 35 of the Social Security Pensions Act 1975 (earner’s guaranteed minimum)—

(a)in subsection (8) (by virtue of which a scheme which provides for revaluation under subsection (7) must make the same provision for all its members), after the word “applies” there shall be inserted the words “, except in such cases or classes of case as may be prescribed,”; and

(b)the following subsection shall be inserted after that subsection—

(8A)An occupational pension scheme which—

(a)at any time before the coming into operation of the first regulations made under subsection (8) above did not satisfy that subsection; but

(b)would have satisfied it if those regulations had then been in operation;

shall, for the purpose of determining whether the scheme satisfied that subsection, be treated as if those regulations had been in operation at that time..