SCHEDULES

[F1 SCHEDULE 16] E+W+S Requirements as to preservation of benefit under occupational pension schemes

Subordinate Legislation Made

P1 Sch. 16: for exercises of power see Index to Government Orders

Textual Amendments

F1 Sch. 16 repealed (N.I.) by S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

Part II E+W+S Supplementary Regulations

20 Regulations may, in respect of any specified provision contained in Part I of this Schedule, provide that a scheme is not to be treated as conforming with the preservation requirements unless it contains express rules to the effect (but not necessarily in the words) of that provision.

21 Regulations may modify Part I of this Schedule in relation to schemes with any overseas element, that is to say, schemes established, or relating to employment, or with parties domiciled, resident or carrying on business, in any part of the world outside the United Kingdom, or otherwise not confined in their operation to the United Kingdom.

22 Regulations may make provision as to the circumstances in which, for the purposes of Part I of this Schedule—

(a) a period of a person’s service in two or more different employments is to be treated as a period of service in one or more of those employments;

(b) a person’s service in any employment is to be treated as terminated or not terminated.

23 Regulations may modify Part I of this Schedule in its application to cases where an earner is for the time being, or has been employed in pensionable service under, or in [F2 contracted-out employment]by reference to, different schemes applying to the same employment and these regulations may relate to service under or, as the case may be, by reference to different schemes at the same time, or at different times.

Textual Amendments

F2 Words substituted by Social Security Pensions Act 1975 (c. 60), Sch. 4 para. 32 w.e.f. 25.11.75.

24 Regulations may make such provision modifying Part I of this Schedule as the Secretary of State thinks fit for securing that the preservation requirements include requirements for provision to be made in a scheme as to the preservation of a member’s benefit in the event of the scheme being wound up.

25 Regulations may modify Part I of this Schedule in any manner which the Secretary of State thinks appropriate with a view to securing the orderly implementation of the provisions of section 63 of this Act and to obtaining general compliance with that section; and regulations made under this paragraph may include incidental and supplementary provisions, including provisions appearing to the Secretary of State to be required in consequence of different provisions of Part I of this Schedule being brought into force at different times.

26 Without prejudice to any of the foregoing provisions, regulations may provide for the preservation requirements to apply with such modifications and exceptions as the Secretary of State considers to be necessary for particular cases or classes of cases.