The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2011

Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991

3.—(1) The Occupational Pension Schemes (Preservation of Benefit) Regulations 1991(1) are amended as follows.

(2) In regulation 12 (transfer of member’s accrued rights without consent)(2)—

(a) for paragraph (3), substitute—

“(3) The condition set out in this paragraph is that—

(a) the relevant actuary gives a certification, by completing the certificate in Schedule 3, in relation to the members’ rights in the receiving scheme;

(b) the relevant actuary sends that certificate to the trustees or managers of the transferring scheme;

(c) the transfer takes place within 3 months of the date of the relevant actuary’s signature in the certificate; and

(d) there are no significant changes to the benefits, data and documents used in making the certificate (see the benefits, data and documents specified in the certificate) by the date on which the transfer takes place.”,

(b) in paragraph (4), for “paragraph (3)(a)” substitute “making the certification in paragraph 1 of the certificate in Schedule 3”, and

(c) in paragraph (4A), for “paragraph (3)(b)” substitute “making the certification in paragraph 2 of the certificate in Schedule 3”.

(3) After Schedule 2 (revocations), insert as Schedule 3 the Schedule specified in Schedule 1 to these Regulations.

(1)

S.I. 1991/167.

(2)

Regulation 12(3) was substituted by S.I. 1993/1822 and amended by S.I.s 1997/786 and 1999/2543, regulation 12(4) was substituted by S.I. 1993/1822 and regulation 12(4A) was inserted by S.I. 1993/1822 and amended by S.I. 1999/2543.