xmlns:atom="http://www.w3.org/2005/Atom"

PART IIISEGREGATED SCHEMES: MULTI-EMPLOYER SECTIONS WITHOUT REQUIREMENT FOR PARTIAL WIND UP ON WITHDRAWAL OF PARTICIPATING EMPLOYER

Assessment periods

20.  Article 116 (assessment periods) shall be modified so that it shall be read as if, in its application to a multi-employer section of a segregated scheme to which –

(a)paragraph (1) of regulation 14 applies –

(i)in paragraph (2) –

(aa)for “in relation to an eligible scheme” there were substituted “in relation to a multi-employer section of an eligible scheme which is, for the purposes of this Part, an eligible scheme”;

(bb)for “the employer” there were substituted “an employer”; and

(cc)after “an assessment period” there were inserted “in relation to the section”; and

(ii)in paragraph (4) for “in relation to an eligible scheme, an application is made under Article 113(1) or a notification is received under Article 113(5)(a)” there were substituted “in relation to a multi-employer section of a segregated scheme which is, for the purposes of this Part, an eligible scheme, an application is made under Article 113(1) or a notification is received under Article 113(5)(a) in respect of more than one employer at a time when those employers are the only employers in relation to that section of the scheme”; and

(b)paragraph (2) of regulation 14 applies –

(i)in paragraph (2) –

(aa)for “in relation to an eligible scheme” there were substituted “in relation to a multi-employer section of an eligible scheme which is, for the purposes of this Part, an eligible scheme”;

(bb)for “the employer” there were substituted “an employer”; and

(cc)after “an assessment period” there were inserted “in relation to a multi-employer section of an eligible scheme”, and

(ii)in paragraph (4) for “in relation to an eligible scheme, an application is made under Article 113(1) or a notification is received under Article 113(5(a)” there were substituted “in relation to a multi-employer section of a segregated scheme which is, for the purposes of this Part, an eligible scheme, an application is made under Article 113(1) or a notification is received under Article 113(5)(a) in respect of one or more of the employers at a time when an insolvency event has occurred in relation to all other employers in relation to that section of the scheme and, where applicable, an insolvency practitioner is still required by law to be appointed to act in relation to each of those employers.”.