The Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2013

Amendment of the Registered Pension Schemes (Authorised Payments) Regulations 2009

2.—(1) The Registered Pension Schemes (Authorised Payments) Regulations 2009(1) are amended as follows.

(2) After regulation 20(4) (part refund payments relating to short service) insert—

“(5) In paragraph (1)(d) the reference to the member’s contributions includes—

(a) any amount paid under section 7 of the Social Security Act 1986 (incentive payments to schemes becoming contracted-out between 1986 and 1993),

(b) any amount paid by the Commissioners for Her Majesty’s Revenue and Customs under section 42A(3) of the Pension Schemes Act 1993(2) or section 38A(3) of the Pension Schemes (Northern Ireland) Act 1993(3) (rebates), and

(c) any amount recovered by the member’s employer under regulations falling within paragraph (6) in respect of minimum payments made to the scheme in relation to any period before 6th April 2012.

(6) Those regulations are regulations which were made under—

(a) section 8(3)(4) of the Pension Schemes Act 1993 (recovery of minimum payments), or

(b) section 4(3)(5) of the Pension Schemes (Northern Ireland) Act 1993 (corresponding provisions for Northern Ireland).”.

(3) In regulation 7 (meaning of “relevant accretion”) omit paragraph (5).

(1)

S.I. 2009/1171; regulation 20 was inserted by S.I. 2012/1881; there are other amending instruments but none is relevant.

(2)

1993 c. 48; section 42A(3) was inserted by section 137(5) of the Pensions Act 1995 (c. 26), amended by paragraphs 46(1) and (2) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c. 2) and S.I. 2011/1730 and will be repealed by paragraphs 46 and 51 of Part 2 of Schedule 4 and Part 7 of Schedule 7 to the Pensions Act 2007 (c. 22) on a day to be appointed.

(3)

1993 c. 49; section 38A(3) was inserted by S.I. 1995/3213 (N.I. 22), amended by S.I. 1999/671 and will be repealed by paragraphs 45 and 50 of Part 2 of Schedule 4 and Part 7 of Schedule 6 to the Pensions Act (Northern Ireland) 2008 (c. 1) (N.I.) on a day to be appointed.

(4)

Section 8(3) was amended by paragraph 34(b) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 and will be repealed by paragraphs 46 and 47 of Part 2 of Schedule 4 and Part 7 of Schedule 7 to the Pensions Act 2007 on 6th April 2015 under S.I. 2011/1267, as amended by S.I. 2012/911.

(5)

Section 4(3) was amended by S.I. 1999/671 and will be repealed by paragraphs 45 and 46 of Part 2 of Schedule 4 and Part 7 of Schedule 6 to the Pensions Act (Northern Ireland) 2008 on 6th April 2015 under S.R. (NI) 2012 No 115.