The Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996

Changes over time for: The Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 (without Schedules)

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01/01/2014- Amendment

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Changes and effects yet to be applied to :

reg.1 defn(s). revoked by S.I. 1999/3198 reg.12
reg. 1(2) words substituted by S.I. 1997/786 Sch. 1 para. 9(2)
reg. 3(b) words substituted by S.I. 1997/786 Sch. 1 para. 9(3)(a)
reg. 3(e) words substituted by S.I. 1997/786 Sch. 1 para. 9(3)(b)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Act cert. functs. trans. (pt.prosp.) by 1999 c. 2 s. 1 (2) Sch.2

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 and shall come into force on 6th April 1997.

(2) F1 F2 F3... In these Regulations, unless the context otherwise requires—

“the 1993 Act” means the Pension Schemes Act 1993;

F4...

“child benefit” has the same meaning as in the Social Security Contributions and Benefits Act 1992 M1;

[F5“income withdrawal” has the meaning given by paragraph 7 of Schedule 28 to the Finance Act 2004;]

[F5“lifetime annuity” has the meaning given by paragraph 3 of Schedule 28 to the Finance Act 2004;]

[F6“marital or civil partnership status”, in relation to a person, means whether that person has previously formed a marriage or a civil partnership and, if so, whether that marriage or civil partnership has ended;]

“member” means member of an occupational pension scheme or a personal pension scheme;

“money purchase contracted-out scheme” has the same meaning as in section 8(1)(a)(ii) of the 1993 Act;

“normal pension age” has the meaning given in section 180 of the 1993 Act;

“pensionable age” has the meaning given by the rules in paragraph 1 of Part I of Schedule 4 to the Pensions Act 1995;

“principal appointed day” means the day designated as the principal appointed day for the purposes of Part III of the Pensions Act 1995;

“scheme” means an occupational pension scheme or a personal pension scheme; F7...

[F5“scheme pension” has the meaning given by paragraph 2 of Schedule 28 to the Finance Act 2004; and]

[F5“the scheme pension purchase price” has the meaning given by paragraph 3(7B) of Schedule 29 to the Finance Act 2004;]

[F8“section 9(2B) rights” are—

(a)

rights to the payment of pensions and accrued rights to pensions (other than rights attributable to voluntary contributions) under a scheme contracted-out by virtue of section 9(2B) of the 1993 Act, so far as attributable to an earner’s service in contracted-out employment on or after the principal appointed day; and

(b)

where a transfer payment has been made to such a scheme, any rights arising under the scheme as a consequence of that payment which are derived directly or indirectly from—

(i)

such rights as are referred to in sub-paragraph (a) under another scheme contracted-out by virtue of section 9(2B) of that Act; or

(ii)

protected rights under another occupational pension scheme or under a personal pension scheme attributable to payments or contributions in respect of F9 ... employment on or after the principal appointed day; ] [F10and

“specified pension or annuity” means any pension or annuity which became a pension or annuity in payment before 6th April 2005.]

(3) In these Regulations, except in so far as the context otherwise requires, any reference—

(a)to a regulation is to the regulation in these Regulations bearing that number;

(b)in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and

(c)in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.

Textual Amendments

F1Reg. 1(2) revoked in part (6.4.2012) by S.I. 2011/1245, art. 1(2)(a), 7(a)

F2Reg. 1(2) revoked in part (6.4.2012) by S.I. 2011/1246, art. 1(2)(a), 10(a)

F3Reg. 1(2) revoked in part (6.4.2013) by The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) Order 2011 (S.I. 2011/1246), arts. 1(2)(b), 26(a)

F4Words in reg. 1(2) omitted (1.10.2008) by virtue of Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 (S.I. 2008/1050), reg. 1(1), Sch. 2 para. 2(a)

F5Words in reg. 1(2) inserted (6.4.2007) by Taxation of Pension Schemes (Protected Rights and Pension Commencement Lump Sums) (Amendment) Order 2007 (S.I. 2007/829), arts. 1, 4(a)

F6Words in reg. 1(2) inserted (5.12.2005) by Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005 (S.I. 2005/2050), art. 1(3), Sch. 2 para. 26