The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2008

Modification of schemesE+W+S

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12.  For regulation 16 (modification of schemes: apportionment of section 75 debt) substitute—

(1) This regulation applies to a trust scheme (whether or not a money purchase scheme) for the purposes of section 68(2)(e) of the 1995 Act (power of trustees to modify schemes by resolution for prescribed purposes).

(2) The trustees of such a trust scheme, after consulting such employers in relation to the scheme as they think appropriate, may by resolution modify the scheme for the purposes of making provision for an employer's share of the difference for the purposes of regulation 6(2) to be attributed in a different proportion from that which would otherwise apply by virtue of the liability share..