Pension Schemes Act 1993

170 Determination of questions by Secretary of State

(1) The questions to which section 17(1) of the [1992 c. 5.] Social Security Administration Act 1992 (questions for determination by the Secretary of State) applies include—

(a) any question as to the amount of a person’s guaranteed minimum for the purposes of section 13 or 17;

(b) any question—

(i) whether a state scheme premium is payable or has been paid in any case or as to the amount of any such premium; or

(ii) otherwise arising in connection with any state scheme premium;

(c) any question whether for the purposes of this Act a cash sum paid or an alternative arrangement made under the [1975 c. 75.] Policyholders Protection Act 1975 provides the whole or any part of the guaranteed minimum pension to which an earner or an earner’s widow or widower was entitled under a contracted-out scheme; and

(d) any question arising in connection with minimum contributions or payments under section 7 of the [1986 c. 50.] Social Security Act 1986,

other than a question such as is mentioned in paragraph (b)(ii) or (d) which is required by virtue of this Act to be determined by the Board.

(2) The Secretary of State may make any determination required by subsection (1)(c) on such basis as he considers appropriate.

(3) Any question arising under this Act as to whether the employment of an earner in employed earner’s employment at any time is or was contracted-out employment in relation to him shall be referred by the Secretary of State to the Board and determined by them.

(4) Neither section 17(1) nor section 20(1) of the [1992 c. 5.] Social Security Administration Act 1992 (questions for determination by adjudication officers) shall apply to any such question as is mentioned in subsection (3).

(5) Any question arising in proceedings before any court or tribunal or before the Industrial Arbitration Board whether the rules of an occupational pension scheme conform with the equal access requirements shall be referred to and determined by the Board.

(6) Subsection (4) of section 134 shall apply to determinations under subsection (5) as it applies to determinations under that section.