The Financial Assistance Scheme Regulations 2005

Qualifying members U.K.

15.—(1) A member or a former member of a qualifying pension scheme is a qualifying member of that scheme for the purposes of these Regulations where—

(a) he is a member of the scheme in respect of whom that scheme's pension liabilities are unlikely to be satisfied in full because the scheme has insufficient assets; F1 ...

(b) he had ceased to be a member of the scheme and in respect of whom that scheme's pension liabilities were not satisfied in full, at the time he ceased to be a member, because the scheme had insufficient assets[F2 ; or

(c) he died before the date of the coming into force of these Regulations, but would have satisfied the condition in either sub-paragraph (a) or (b)]

and the conditions in paragraphs (2) to (4) are satisfied in relation to that member or former member[F3 , or would have been satisfied where sub-paragraph (c) applies].

(2) The condition in this paragraph is that the member or former member must have an accrued right to a benefit under the scheme.

(3) The condition in this paragraph is that the member or former member—

(a) was a member of the qualifying pension scheme immediately before the scheme began to wind up; or

(b) was not a member of the scheme at that time but became a pension credit member of the scheme on or after the day on which the scheme began to wind up.

(4) The condition in this paragraph is that the member or former member—

(a) had attained his normal retirement age for the scheme of which he is or was a member as at 14^th May 2004;

(b) had not attained that age as at that date but would attain that age on or before 14^th May [F4 2019]; or

(c) had died before attaining that age but would have attained that age on or before 14^th May [F4 2019].

(5) A person who is not a member or a former member of a qualifying pension scheme is to be regarded as a qualifying member of such a scheme for the purposes of these Regulations where—

(a) he was entitled to a present payment from a qualifying pension scheme immediately before the scheme began to wind up;

(b) that payment was attributable to the pensionable service of a former member of that scheme who has died;

(c) the scheme's pension liabilities in respect of that person are unlikely to be satisfied in full because the scheme has insufficient assets; and

(d) that person, as at 14^th May 2004—

(i) had attained the normal retirement age for the member of that scheme in respect of whose pensionable service the payment from that scheme was attributable; or

(ii) had not attained that age but would attain that age on or before 14^th May [F5 2019].

Textual Amendments

F1 Word in reg. 15(1)(a) omitted (16.12.2006) by virtue of The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 5(a)(i)

F2 Reg. 15(1)(c) and word inserted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 5(a)(ii)

F3 Words in reg. 15(1) inserted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 5(a)(iii)

F4 Word in reg. 15(4)(b)(c) substituted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 5(b)

F5 Word in reg. 15(5)(d)(ii) substituted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 5(b)