The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations 2015

Alteration of scheme rules

20.  The rules of a scheme may be altered in relation to a guaranteed minimum under section 14(1) (earner’s guaranteed minimum) or 17(2) (minimum pensions for widows and widowers) of the 1993 Act only if the alteration would not—

(a) affect any of the matters dealt with in Part III of the 1993 Act (schemes that were contracted-out etc. and effects on members’ state scheme rights), or any regulations made under that Part, that relate to guaranteed minimum pensions, in a manner that would or might adversely affect any entitlement or accrued rights of any member of the scheme acquired before the alteration takes effect;

(b) affect any of the matters dealt with in sections 87 to 92 of the 1993 Act(3) (protection of increases in guaranteed minimum pensions) or sections 109 and 110 of that Act(4) (annual increases of guaranteed minimum pensions) or any matters dealt with in regulations made under any of those provisions.

(1)

Section 14 is amended by paragraph 15 of Schedule 13 to the 2014 Act, and was amended by paragraph 27 of Schedule 5 to the 1995 Act, paragraph 38 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 and paragraphs 1, 22(1) and (3) of Schedule 11 to the Proceeds of Crime Act 2002 (c.29).

(2)

Section 17 is amended by paragraph 17 of Schedule 13 to the 2014 Act, and was amended by paragraph 39 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999, paragraph 1 of Schedule 5 to the Child Support, Pensions and Social Security Act 2000, section 284(2) of the 2004 Act, S.I. 2005/2050, section 14(2) of the Pensions Act 2007, paragraphs 18 and 20 of Schedule 4 to the Marriage (Same Sex Couples) Act 2013 and S.I. 2014/560.

(3)

Section 87 was amended by paragraph 28 of Schedule 4 to the Pensions Act 2007 and is amended by paragraph 38 of Schedule 13 to the 2014 Act. Other amendments to sections 87 to 92 are made by S.I. 2005/2050.

(4)

Section 109(3A) is amended by paragraph 40 of Schedule 13 to the 2014 Act. Subsection (3A) was inserted by section 55(b) of the 1995 Act. Sections 109 and 110 were also amended by sections 53(4), 55 and 56 of the 1995 Act and by S.I. 2005/2050.