National Insurance (Non-participation—Assurance of Equivalent Pension Benefits) Regulations 1960

Conditions for assurance of equivalent pension benefits U.K.

7.—(1) Subject to the provisions of paragraph (4) of regulation 10, for the purpose of the provisions of Part II of the Act of 1959 relating to the making of a payment in lieu of contributions at the end of a person's period of service in a non-participating employment, a person who at the end of his service in a non-participating employment has equivalent pension benefits in respect of it, to which he either is absolutely and indefeasibly entitled or would be so entitled but for their being capable of being terminated or suspended for any cause prescribed for the purpose of paragraph (c) of sub-section (1) of section 8 of the Act of 1959 (which subsection contains conditions governing equivalent pension benefits), shall be deemed to be assured of those benefits if, and shall be deemed not to be assured of them unless—

(a) the benefits are secured, and provision is made for their payment, under or by virtue of the appropriate recognised superannuation scheme, and, where that scheme is a non-statutory scheme, the benefits are secured by irrevocable trust, contract of assurance or annuity contract which satisfies paragraph (1) or (2) of regulation 3 of the Benefits and Schemes Regulations, being a trust or contract enforceable by that person (or by some other person as trustee for him) against the responsible paying authority; and

(b) a certificate of assurance given by the responsible paying authority containing the particulars specified in the [F1 Schedule 1] to these regulations has been delivered without charge to the person by the person's employer in the non-participating employment:

Provided that,

(i) [F2 where the benefits commence to be payable not later than the end of the assurance period the delivery of a certificate of assurance shall not be required if the employer delivers to the person and to the Minister without charge particulars of the benefits and of the person's right thereto in such form as the Minister shall approve; and]

(ii) in the case of a non-statutory scheme where the responsible paying authority are the trustees or other person or body mentioned in the proviso to head (c) of the definition of that expression in paragraph (2) of regulation 1 of these regulations, the delivery of a certificate of assurance given by them [F2 or of such particulars as are referred to in the foregoing paragraph of this proviso ] shall not be deemed to satisfy this condition if at the end of the period of service the scheme had ceased to satisfy the requirements of the Act of 1959 for being a recognised superannuation scheme.

(2) A certificate of assurance required by this regulation to be delivered to any person shall be treated as duly delivered if sent by registered post [F3 or by recorded delivery service] addressed to him at his usual or last-known address, and shall be treated as having effect from the end of the person's service if it is delivered to him not later than the end of the assurance period.

[F4 (3) References in this regulation to the appropriate recognised superannuation scheme shall, in cases where the recognised superannuation scheme by virtue of which the certificate under Part II of the Act of 1959 relating to a person's employment was in force was not the same throughout the period of his service, include, as respects any part of that period, a reference to the scheme by virtue of which the certificate was in force during that part; and, in such cases, instead of a single certificate of assurance relating to the entire period, there may be delivered two or more certificates of assurance relating to parts of the period given by the responsible paying authorities of the schemes concerned, so, however, that the periods to which such certificates relate must between them comprise the entire period of service.]

[F4 (4) In the application of proviso (ii) to paragraph (1)(b) of this regulation to a case to which the last preceding paragraph applies, the reference to the end of the period of service shall be construed in relation to all the certificates as a reference to the end of the entire period of service.]

Textual Amendments

F1 Words in reg. 7(1)(b) substituted (6.4.1963) by The National Insurance (Consequential Provisions) Regulations 1963 (S.I. 1963/676), regs. 1(1), 9(2)

F2 Words in reg. 7 inserted (6.1.1964) by The National Insurance (Non-participation-Assurance of Equivalent Pension Benefits) Amendment (No.2) Regulations 1963 (S.I. 1963/1988), regs. 1, 5(2)

F3 Words in reg. 7(2) inserted (31.7.1961) by The National Insurance (Non-participation-Assurance of Equivalent Pension Benefits) Amendment Regulations, 1961 (S.I. 1961/1378), regs. 1, 4

F4 Reg. 7(3)(4) inserted (6.1.1964) by The National Insurance (Non-participation-Assurance of Equivalent Pension Benefits) Amendment (No.2) Regulations 1963 (S.I. 1963/1988), regs. 1, 5(3)

Modifications etc. (not altering text)

C1 Reg. 7 modified (6.4.1975) by The National Insurance (Non-participation—Transitional Provisions) Regulations 1974 (S.I. 1974/2057), reg. 1(1), Sch. 3