National Insurance (Non-participation—Assurance of Equivalent Pension Benefits) Regulations 1960

Citation, commencement and interpretation U.K.

1.—(1) These regulations, which may be cited as the National Insurance (Non-participation—Assurance of Equivalent Pension Benefits) RegulationS, 1960, shall come into operation on 5th July, 1960.

(2) In these regulations, unless the context otherwise requires—

“"the Act”” means the National Insurance Act, 1946;

“"the Act of 1959”” means the National Insurance Act, 1959;

“"the Superannuation Acts”” means the Superannuation Acts, 1834 to 1950, and any Act amending these Acts;

“"the Benefits and Schemes Regulations”” means the National Insurance (Non-participation—Benefits and Schemes) RegulationS, 1959 M1 ;

“"the Minister”” means the Minister of Pensions and National Insurance;

“"appropriate recognised superannuation scheme”” means, in relation to a person whose period of service in a non-participating employment has come to an end, the recognised superannuation scheme by virtue of which the certificate under Part II of the Act of 1959 relating to the employment was in force immediately before the end of that period;

“"statutory scheme”” means a recognised superannuation scheme established by Act of Parliament or of the Parliament of Northern Ireland or other instrument having the force of law, and includes a scheme or arrangement which is a recognised superannuation scheme by virtue of paragraph (3) of regulation 3 of the Benefits and Schemes Regulations (which paragraph relates to certain instruments authorising the payment to persons not employed in the Civil Service of the State of such pensions as might have been granted to persons so employed);

“"non-statutory scheme”” means a scheme or arrangement which is a recognised superannuation scheme other than a statutory scheme;

“"responsible paying authority”” means

(a)

in relation to a statutory scheme, the authority responsible for payment of retirement benefits thereunder, and

(b)

in relation to a non-statutory scheme, being a scheme under which the retirement benefits, or such part of them as has to be taken into account to constitute them equivalent pension benefits, are secured by contract of assurance or annuity contract made with such body as is required by sub-paragraph (b) of paragraph (1) of regulation 3 of the Benefits and Schemes Regulations, (including any body or person authorised by the Registrar under paragraph (2) of that regulation), that body:

Provided that this head shall not apply where the said benefits are payable out of a superannuation fund approved by the Commissioners of Inland Revenue for the purposes of section 379 of the Income Tax Act, 1952 M2 , (which relates to approved superannuation funds); and

(c)

in relation to a non-statutory scheme to which the foregoing head does not apply, the trustees:

Provided that, in relation to any provision of these regulations for a certificate to be given by the responsible paying authority, the reference in this head to the trustees shall be deemed to include a reference to any person or body having power to authorise the payment of retirement benefits under the scheme, whether described as trustees or not;

“"period of contribution liability”” means, in relation to any person's employment, any continuous period of one or more contribution weeks for which the employer of that person is liable to pay weekly employer's contributions in respect of that employment, and includes any such period for which he would be so liable but for the provisions of subsection (1) of section 4, and of any regulations made under paragraph (a) of subsection (1) of section 9, of the Act (which relate respectively to the number and class of contribution for any week and to persons to be treated as employers);

“"assurance period”” means, in relation to an insured person's period of service in a non-participating employment, subject to the provisions of regulations 2 and 18, the period beginning thirteen weeks and ending twenty-six weeks after the end of that period of service;

and other expressions have the same meaning as in the Act.

(3) References in these regulations to any enactment or regulations shall include references to such enactment or regulations as amended by any subsequent enactment, order or regulations.

(4) The Interpretation Act, 1889 M3 , applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.

Marginal Citations

M1 S.I. 1959/1861 (1959 II, p. 1865).

M2 15 & 16 Geo. 6 & 7 Eliz. 2. c. 10

M3 52 & 53 Vict. c. 63.