Social Security Pensions Act 1975
1975 c.60
An Act to provide for relating the rates of social security retirement pensions and certain other benefits to the earnings on which contributions have been paid; to enable employed earners to be contracted-out of full social security contributions and benefits where the requisite benefits are provided by an occupational pension scheme; to make provision for securing that men and women are afforded equal access to occupational pension schemes; and to make other amendments in the law relating to social security (including an amendment of Part II of the Social Security Act 1975 introducing a new non-contributory benefit called “mobility allowance”); and to make other provision about occupational pensions.
Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
Act excluded (E.W.S.) (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 55(1), 177(4), Sch. 5 para. 2(4)(b) (with s. 108(5)).
Act modified (7.2.1994) by 1993 c. 48, ss. 188, 189, 190, Sch. 6 Pt. II para. 9; S.I. 1994/86, art. 2
Act: power to amend conferred (2.12.1999) by 1998 c. 47, ss. 87(6)(d)(with s. 95); S.I. 1999/3209, art. 2, Sch.
Part I Contributions
1–5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Part II Benefits
6–10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
12–16A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
18–21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
22
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
23–25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
C5Part III Contracting-Out
Parts of Pt. III are modified, on transfers from contracted-out schemes, by reg. 3 of, and Sch. 3 to S.I. 1985/1323.
Preliminary
F1126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contracted-out rates of contributions and benefits
F1227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1429. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1529A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1629B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1729C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arrangements for contracting-out
F1830. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1931. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2032. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements for contracting-out
F2133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
F2335. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2436. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
F2637A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2738. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2839. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2940. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3041. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36 Protection of pensions
Ss. 41A–41E inserted by Health and Social Security Act 1984 (c. 48), Sch. 6
F3141A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3241B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3341C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3441D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3541E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
F4348. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4449. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4550. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4651. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4751A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4852. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Occupational Pensions
F51 The revaluation percentage
Ss. 52A-52D inserted by Social Security Act 1985 (c. 53), Sch. 1, para. 2
F4952A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5052B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts
F5252C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5352D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Equal access to occupational pension schemes C6
Under para. 11(a) of Sch. 5, and under Sch. 9, to the Social Security Act 1989 (c. 24), ss. 53-56 are due, prosp., to be repealed.
F5453. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5554. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5655. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5756. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67 Information about and registration of occupational pension schemes
Sections 56A, 56E and 56L inserted by Social Security Act 1985 (c. 53), Sch. 2
F5856A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56B–56D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
F6056E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56F–56J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61
56K
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64
F6556L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66
F69 Auditors
S. 56P and crossheading inserted (with effect from 6.4.1987) by Social Security Act 1986 (c. 50), s. 11
F6856P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other provisions
F7057. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7157A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7257B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7357C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7457D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7558. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7658A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7758B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E2C7C3459 Increase of official pensions.
1
Where by virtue of F78section 151 of the Administration Act a direction is given that the sums mentioned in section 150(1)(c) of that Act are to be increased by a specified percentage the Minister for the Civil Service shall by order provide that the annual rate of an official pension may, if a qualifying condition is satisfied or the pension is F79a derivative or substituted pension or a relevant injury pension, be increased in respect of any period beginning on or after the date on which the direction takes effect—
a
if the pension began before the beginning of the base period for that direction, by the same percentage as that specified in the direction;
b
if the pension began during the base period, by that percentage multiplied byA/B where A is the number of complete months in the period between the beginning of the pension and the end of the base period and B is the number of complete months in the base period.
2
Where an order is made under this section in consequence of any such direction as aforesaid the order shall, in addition to the provision required by subsection (1) above, authorise the payment of an increase in respect of any lump sum that becomes payable during the base period for that direction, being an increase equal to the percentage specified in the direction multiplied by
where—
a
A is the number of complete months in the period between the beginning date for the lump sum (or, if later, the date from which it was last authorised to be increased by an order under this section) and the date on which it becomes payable; and
b
B is the number of complete months in that base period.
3
In the case of the first order made under this section in consequence of any such direction as aforesaid, subsection (1) above shall have effect as if the increase required to be authorised in the case of any pension (whether beginning before or during the base period) were an increase equal to the percentage specified in the direction multiplied by
where—
a
A is the number of complete months in the period between the beginning of the pension (or, if later, the date from which it was last authorised to be increased by an order under section 2 of the M1Pensions (Increase) Act 1971) and the end of the base period for that direction; and
b
B is the number of complete months in that base period.
4
In the case of the first order so made under this section, subsection (2) above shall have effect as if—
a
for the reference to any lump sum that becomes payable during the base period there were substituted a reference to any lump sum that becomes or has become payable before the end of the base period but after the date from which official pensions were last increased by an order under section 2 of the M2Pensions (Increase) Act 1971; and
b
the reference in paragraph (a) of the subsection to the date from which the lump sum was last authorised to be increased were a reference to the date specified in paragraph (a) above.
5
The increases in the rate of a pension that may be provided for by an order under this section are to be calculated by reference to the basic rate of the pension as authorised to be increased by section 1 of the said Act of 1971 or by any order under section 2 of that Act or this section; but where—
F80a
a person is entitled to a guaranteed minimum pension when an order under this section comes into force; and
b
entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit F81...) entitlement to the official pension also arises;
the amount by reference to which any increase authorised by that or any subsequent order is to be calculated shall be reduced by an amount equal to the rate of the guaranteed minimum pension.
C8F825ZA
In the application of subsection (5) above in relation to a F262F250surviving spouse’sF248or surviving civil partner's pension in a case where the pensioner becomes entitled on the death of the deceased spouse F249or civil partner to such a guaranteed minimum pension as is there mentioned.
a
the pensioner shall be treated as having been entitled to that guaranteed minimum pension at all times during the period beginning with the date on which the deceased spouse F251or civil partner became entitled to a guaranteed minimum pension and ending with the date of the death;
b
c
the amount by reference to which any increase in the F263F259surviving spouse’sF258or surviving civil partner's pension is to be calculated shall, subject to any directions under section 59A below (whether made before or after the coming into force of this subsection), be accordingly reduced under that subsection by an amount equal to the rate, as determined under paragraph (b) above, of the guaranteed minimum pension to which the pensioner is treated as entitled;
F257...
F2475ZB
The rate referred to in subsection (5ZA)(b) is—
F264F261a
in the case of a pension payable to a woman in respect of the services—
i
of her deceased male spouse; or
ii
of her deceased female spouse in a relevant gender change case;
one half of the rate of the deceased spouse’s guaranteed minimum pension at the relevant time;
b
c
in the case of a surviving civil partner's pension, one half of so much of the rate of the deceased civil partner's guaranteed minimum pension at the relevant time as is attributable to earnings factors for the tax year 1988-89 and subsequent tax years.
5ZC
Subsection (5ZA)—
F270a
does not apply to—
i
a pension payable to a woman in respect of the services of her deceased male spouse;
ii
a pension payable to a man in respect of the services of his deceased female spouse;
iii
a pension payable to a woman in respect of the services of her deceased female spouse in a relevant gender change case; or
iv
a pension payable to a man in respect of the services of his deceased male spouse in a relevant gender change case,
in respect of any service of the deceased spouse if that deceased spouse’s pension in respect of that service became payable before 24th July 1990;
F272a
does not apply to a pension payable to the survivor of a couple in respect of any service of the deceased member of the couple if—
i
the deceased member’s pension in respect of that service became payable before 24 July 1990,
ii
a marriage between the couple is solemnised at a time (whether or not before the deceased member’s pension in respect of that service became payable) when one of them is a man and the other is a woman and they are not civil partners, and
iii
at the deceased member’s death (and whether or not the couple are still not of the same sex), the couple are parties to that marriage or to the civil partnership resulting from conversion of that marriage;
b
applies to a F271F269pension due to a surviving spouse who was married to someone of the same sex F273(other than a pension within paragraph (a)(iii) or (iv))F273(other than such a pension in respect of the services of the deceased spouse in a relevant gender change case) and a surviving civil partner's pension only in respect of amounts payable after the coming into force of this subsection.
F835A
Nothing in F84section 110(2) or (3) of, or paragraph 10 of Schedule 6 to, the Pension Schemes Act 1993 authorises any deduction from an increase in the rate of an official pension under this section.
6
Any order under this section shall be made by statutory instrument and shall be laid before Parliament after being made.
7
In this section—
“base period”, in relation to any such direction as is mentioned in subsection (1) above, means the period ending with the coming into force of that direction and beginning with the coming into force of the last previous such direction or, if there was none, with F8513th November 1978 (date of the relevant order under section 124 of the principal Act, increasing rates of benefit);
“beginning date”, in relation to a lump sum, shall be construed in accordance with sections 8(2) and 9(2)(a) of the said Act of 1971;
F274“conversion”, in relation to a marriage, means—
- a
the conversion of that marriage into a civil partnership under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, or
- b
the conversion of that marriage into a civil partnership under Part 4 or 5 of those Regulations;
- a
F86“employment”, “guaranteed minimum pension” and “transfer credit” have the same meaning as in section 181(1) of the Pension Schemes Act 1993
“lump sum” includes an instalment of a lump sum;
F268F260“relevant gender change case” means a case where—
- a
the deceased spouse was a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
- b
the marriage of the deceased spouse and the surviving spouse (that ends with the deceased spouse’s death) subsisted before the time when the certificate was issued,
- a
F267F254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and this section F87and section 59A of this Act and the said Act of 1971 shall have effect as if this section F87and section 59A of this Act were contained in Part I of that Act.
F888
Where, for the purposes of this section, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
59AE3F89 Modification of effect of section 59(5).
1
This section applies where the amount by reference to which an increase in an official pension is to be calculated would, but for the provisions of this section, be reduced under section 59(5) of this Act by an amount equal to the rate of a guaranteed minimum pension.
2
The Minister for the Civil Service may direct that in such cases or classes of case as may be specified in the direction—
a
no such reduction shall be made; or
b
the reduction shall be of an amount less than the rate of the guaranteed minimum pension;
and in any case to which such a direction applies the increase shall, in respect of such period or periods as may be specified in the direction, be calculated in accordance with the direction, notwithstanding section 59(5).
F902A
Where in any tax year F91as defined in section 181(1) of the Pension Schemes Act 1993—
a
an increase is calculated in accordance with a direction under this section; and
b
the amount by reference to which the increase is calculated, or any part of it, is increased in that tax year under F92section 109 of the Pension Schemes Act 1993,
the increase calculated in accordance with the direction shall be reduced by the amount of the increase under F93that section.
3
A direction under this section may provide that where it has applied in any case and ceases to apply in that case, the rate of the official pension for any period following the date on which the direction ceases to apply shall, in such circumstances as may be specified in the direction, be calculated as if the direction had never applied.
4
A direction under this section may provide that the rate of an official pension shall, in such circumstances as may be specified in the direction, be calculated as if the direction had been in force at all times during such period as may be so specified.
5
A direction made under subsection (2) above may be varied or revoked by a subsequent direction.
F102C9Part IVA The Pensions Ombudsman
Ss. 59B to 59J inserted (with effect from 18.7.1990 for making regulations, 1.10.1990 for other purposes) by Social Security Act 1990 (c. 27), Sch. 3
Part IVA (ss. 59B-59J) extended by S.I. 1991/588, reg. 2(2)
F9459B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9559C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9659D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9759E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9859F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9959G. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10059H. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10159J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V General
F10359K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10460. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10560ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10660ZB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10760ZC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10860ZD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10960ZE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11060ZF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11160A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11260B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61 Consultation about regulations.
F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11461A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61B Orders and regulations (general provisions).
1
Powers under this Act to make regulations or orders, F115. . ., are excercisable by statutory instrument.
2
Except in so far as this Act otherwise provides any power conferred thereby to make regulations or an order may be exercised—
a
either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified exemptions, or in relation to any specified cases or classes of case;
b
so as to make, as respects the cases in relation to which it is exercised—
i
the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
ii
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,
iii
any such provision either unconditionally or subject to any specified condition;
and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.
3
Without prejudice to any specific provision in this Act, a power conferred by this Act to make regulations or an order includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order.
4
Without prejudice to any specific provisions in this Act, a power conferred by this Act to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.
5
A power conferred on the Secretary of State to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.
62 Other provisions about regulations and orders.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116
F1172
A statutory instrument—
a
which contains (whether alone or with other provisions) any order or regulations made under this Act by the Secretary of State, other than an order which, under any provision of this Act, is required to be laid before Parliament after being made; and
b
which is not subject to any requirement that a draft of the instrument shall be laid before and approved by a resolution of each house of Parliament,
shall be subject to anullment in pursuance of a resolution of either House of Parliament.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116
F1184
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63 Transitional provisions.
1
Regulations may make provision for any transitional matter connected with the coming into force of this Act.
2
Without prejudice to the generality of subsection (1) above, regulations may in particular—
a
make provision whereby a contribution paid or credited before (or in respect of a period before) commencement is treated, for the purposes of entitlement to or the calculation of any benefit, as having been paid or credited at a specified time or in respect of earnings of a specified amount;
b
make provision whereby a person who has satisfied any contribution condition before commencement is treated as having satisfied any contribution condition having effect by virtue of this Act;
c
modify any contribution condition in cases where the period in relation to which it is to be satisfied begins before and ends after commencement;
d
modify any provision of this Act in relation to persons who have attained the age of 16 before commencement;
e
make provision with respect to the operation of Schedule 1 to this Act in relation to persons who have attained pensionable age before commencement but have not then retired from regular employment;
f
make provision for effecting orderly transition between Part III of the M3National Insurance Act 1965 and Part III of this Act, including provision modifying for that purpose any provision of those Parts;
F119g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
make provision for the preservation of rights under any provision repealed or modified by this Act or otherwise for securing continuity between any such provision and any provision of this Act.
3
In subsection (2) above “commencement” means the time of the coming into force of any provision of this Act specified in the regulations in question.
64 Expenses and receipts.
1
There shall be paid out of moneys provided by Parliament—
a
any expenses of the Secretary of State or any other government department under this Act;
b
any increase attributable to this Act in the sums falling to be paid out of moneys so provided under any other Act.
2
F120Section 165(5) of the Administration Act (reimbursement of expenses out of the National Insurance Fund) shall have effect in relation to the expenses mentioned in paragraph (a) of subsection (1) above as it has effect in relation to the expenses mentioned in F120section 163(2)(a) of that Act; . . . F121
3
Any F122contributions equivalent premium received by the Secretary of State under this Act shall be paid by him into the National Insurance Fund.
65 Amendments of enactments; repeals.
C101
The enactments mentioned in Part I of Schedule 4 to this Act shall have effect with the amendments there specified, being amendments consequential on the provisions of this Act and otherwise required in connection with those provisions.
2
The enactments mentioned in Part II of Schedule 4 to this Act shall have effect, and be deemed always to have had effect, with the amendments there specified, being amendments required for the correction in certain minor respects of the M4social security consolidation Acts passed in March 1975; and paragraph 1 of Schedule 5 to the Social Security Benefits Act 1975 (commencement orders) shall be deemed not to have been repealed.
C103
The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123
5
The Secretary of State may, with the consent of the Minister for the Civil Service, make payments to the chairman and members of the Reserve Pension Board in consequence of its abolition by this Act.
F12466. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67 Commencement. C11
F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68 Short title, citation and extent.
1
This Act may be cited as the Social Security Pensions Act 1975.
2
The M5Social Security Act 1975 and this Act may be cited together as the Social Security Acts 1975.
3
The following provisions of this Act have the same extent as the M6Pensions (Increase) Act 1971—
a
F126sections 59 and 59A;
b
paragraph 18 of Schedule 4;
c
Schedule 5, so far as it repeals provisions of that Act.
4
F127. . . this Act extends to Northern Ireland so far as it—
F128a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F128b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
repeals Part III and section 89(3)(c) and (4) of that Act, and Schedules 18 to 20 to that Act;
d
e
repeals paragraphs 47 and (in part) 58 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975;
f
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
but subject to the foregoing provisions of this subsection and to subsection (3) above, this Act does not extend to Northern Ireland.
SCHEDULES
SCHEDULE 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130
F131SCHEDULE 1A
Sch. 1A repealed (7.2.1994) by 1993 c. 48, s. 188(1), Sch. 5 Pt. I; S.I. 1994/86, art. 2
Part I Revaluation of Pensions
1
1
This Part of this Schedule applies to any member of an occupational pension scheme whose pensionable service terminates after the commencement of this schedule if—
a
it terminates before normal pension age; and
2
In this Part of this Schedule “the revaluation condition” means—
C14a
in relation to benefit payable to the member, that, subject to subparagraph (3) below, there are 365 days or more in the period of which the first day is the day after the date when his pensionable service terminates and the last is the day on which he attains normal pension age;
b
in relation to benefit payable to any other person in respect of the member, that, subject to sub-paragraph (3) below, there are 365 days or more in the period mentioned in paragraph (a) above and the member dies after attaining normal pension age.
3
For the purpose of calculating the number of days in the period mentioned in sub-paragraph (2) above, any day which is 29th February shall be disregarded.
4
For the purposes of this Part of this Schedule “normal pension age” . . . F187 and, subject to paragraph 2(3) below, “pensionable service” are to be construed in accordance with Schedule 16 to the Social Security Act 1973.
C152
1
Subject to the following provisions of this Schedule, if the revaluation condition is satisfied—
a
any pension or other retirement benefit payable under the scheme to the member; and
b
any pension or other benefit payable under it to any other person in respect of him,
is to be revalued by adding the appropriate amount to the amount that would be payable but for this Schedule or regulations made under it.
2
For the purposes of this Schedule “the appropriate amount” is
, where—
a
A = the revaluation percentage specified in the last period of one year beginning on the date of the commencement of this Part of this Schedule or on an anniversary of that date and ending before the date on which the member attains normal pension age as the revaluation percentage for the period which is of the same length as the number of complete years in the period mentioned in paragraph 1(2)(a) above;
b
B = the length of the member’s qualifying pensionable service;
c
C = the length of his pensionable service;
d
D = the amount of the pension or other benefit—
i
which on the date when his pensionable service terminates has accrued to him or to any other person in respect of him; . . . F188
ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F188;
C16e
E = any part of the amount mentioned in paragraph (d) above which consists of the member’s or his widow’s guaranteed minimum.
3
In sub-paragraph (2)(b) and (c) above—
“pensionable service” includes any notional pensionable service which is credited to the member by the scheme; and
F189“qualifying pensionable service” means—
a
where the termination of pensionable service occurs after the coming into force of this paragraph of this definition, the whole of the member’s pensionable service, as defined in this sub-paragraph; and
b
in any other case, so much of any such service as falls on or after 1st January 1985.
4
For the purposes of sub-paragraph (2)(b) and (c) above, any notional pensionable service which is credited to a member by a scheme shall be taken to have ended immediately before the member’s actual pensionable service began.
5
Any rule of a scheme the effect of which is that benefit fails to be revalued by reference to any period is to be disregarded in making any calculation required by this paragraph.
3
1
This paragraph applies to any benefit the rate or amount of which is calculated by reference to the member’s average salary over the period of service on which that benefit is based.
2
A benefit to which this paragraph applies is referred to in this Schedule as an “average salary benefit”.
3
Subject to the following provisions of this Schedule, if the revaluation condition is satisfied, any average salary benefit payable to the member or to any other person in respect of him is to be revalued—
a
by revaluing his salaries during the period mentioned in paragraph 1(2)(a) above in any way in which they would have been revalued during it if he had remained in the same pensionable service; or
b
by the method specified in paragraph 2 above.
4
The method by which a benefit is to be revalued under this paragraph is whichever of the methods mentioned in sub-paragraph (3) above appears to the trustees or managers of the scheme to be appropriate.
5
In this paragraph “salaries”F190means, subject to sub-paragraph (5A) below, the member’s salaries for the period between the date when his pensionable service commenced and the date when it terminated, or such part of them as was relevant under the scheme to the calculation of the retirement benefits payable under the scheme to him or to any other person in respect of him; and those salaries are to be taken for the purposes of this paragraph to include—
a
any amount which is attributed to them, otherwise than by virtue of this paragraph, as the result of a revalution for which the rules of the scheme provide; and
b
any amount which is for any reason credited to the member by way of salary notionally earned.
F1915A
Where the member’s pensionable service terminated before the coming into force of this sub-paragraph, sub-paragraph (5) above shall have effect with the substitution for the words from, “means” to “terminated” of the words “means the member’s salaries for the period between 1st January 1985 and the date when his pensionable service terminated”.
6
For the purposes of the application of this Paragraph to a case where a member is credited with an amount by reference to salary notionally earned over a period of time of a particular length that period shall be taken to have ended immediately before the member’s actual pensionable service began.
4
1
This paragraph applies to any benefit the rate or amount of which is calculated by reference solely to the member’s length of service.
2
A benefit to which this paragraph applies is referred to in this Schedule as a “flat rate benefit”.
3
Subject to the following provisions of this Schedule, if the revaluation condition is satisfied, any flat rate benefit payable to the member or to any other person in respect of him is to be revalued—
a
by revaluing the benefits which have accrued to him during the period mentioned in paragraph 1(2)(a) above in any way in which they would have been revalued during it if he had remained in the same pensionable service; or
b
by the method specified in paragraph 2 above.
4
The method by which a benefit is to be revalued under this paragraph is whichever of the methods mentioned in sub-paragraph (3) above appears to the trustees or managers of the scheme to be appropriate.
5
1
This paragraph applies to any benefit the rate or amount of which is calculated by reference to a payment or payments made by the member, or by any other person in respect of him F192and which is not an average salary benefit.
2
A benefit to which this paragraph applies is referred to in this Schedule as a “money purchase benefit”.
3
In the case of such a benefit, if the revaluation condition is satisfied, the investment yield and any bonuses arising from payments made by or on behalf of a member shall be applied, subject to sub-paragraph (4) below, towards providing any pension or other retirement benefit which is payable under the scheme to him or to any other person in respect of him in the manner in which they would have been applied if his pensionable service had not been terminated.
4
The Secretary of State may by regulations authorise trustees and managers of schemes to deduct from any pension or other retirement benefit provided under sub-paragraph (3) above an appropriate amount in respect of the administrative expenses incurred by them in carrying this paragraph into effect.
6
Nothing in paragraph 2, 3, 4 or 5 above is to be construed as requiring the revaluation of any pension or other benefit provided by virtue of paragraph 9(2)(b) of Schedule 16 to the Social Security Act 1973 by way of complete substitute for another pension or benefit.
C177
1
Subject to sub-paragraph (2) below, this Part of this Schedule overrides any provision of a scheme to the extent that it conflicts with this Part of this Schedule.
2
This Part of this Schedule does not override a protected provision of a scheme.
3
Subject to sub-paragraph (4) below, in sub-paragraph (2) above “protected provision” has the same meaning as it has in subsection (2) of section 41C above by virtue of subsection (3) of that section.
4
In its application to schemes which are not contracted-out section 41C(3) above shall have effect for the purpose of this paragraph as if—
a
there were omitted—
i
from paragraph (a), sub-paragraph (ii) and the word “or” immediately preceding it;
ii
from paragraph (b), the word “and”; . . . F193
iii
from paragraph (c), the words from “authorised” to the end; and
F194iv
from paragraph (e), the words from “as respects” to “guaranteed minimum pension”.
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F195
8
If under a scheme—
a
the amount of the pension or other benefit for a member or for any other person in respect of him falls to be increased during the period mentioned in paragraph 1(2)(a) above—
i
by the percentages specified during that period under F196section 151(1) of the Administration Act; or
ii
under any arrangement which, in the opinion of the Occupational Pensions Board, maintains the value of the pension or other benefit by reference to the rise in the general level of prices in Great Britain during that period; and
C18b
the increase falls to be determined by reference to an amount from which the guaranteed minimum for a member or his widow has not been deducted,
the fact that the scheme provides as mentioned in sub-paragraph (a) above does not in itself result in conflict with paragraph 2, 3 or 4 above.
C199
In making any calculation for the purposes of this Part of this Schedule any commutation, forfeiture or surrender of the whole or part of a pension shall be disregarded.
10
The same money may not be treated as providing both the benefit required by section 41A or 41B above and the increase in benefit required by this Part of this Schedule.
Part IITransfer Values
C2011
1
This Part of this Schedule applies to any member of an occupational pension scheme whose pensionable service terminates after the commencement of this Part of this Schedule if—
a
it terminates at least one year before normal pension age; and
2
For the purposes of this Part of this Schedule . . . F198, “pensionable service” and “normal pension age” are to be construed in accordance with Schedule 16 to the Social Security Act 1973.
3
Any reference to a member in the following provisions of this Part of this Schedule is a reference to a member of an occupational pension scheme to whom this Part of this Schedule applies.
C2112
1
Subject to the following provisions of this Schedule, a member acquires a right, when his pensionable service terminates, to the cash equivalent at the relevant date of any benefits—
a
which have accrued to or in respect of him under the applicable rules; . . . F199
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F199
2
In this paragraph “the applicable rules” means—
a
the rules of the scheme, except so far as—
i
section 41A or 41B above; or
ii
Part I of this Schedule,
overrides them; and
b
any provision which the rules of the scheme do not contain but which a scheme must contain if it is to conform with the preservation requirements; and
c
any provision—
i
of section 41A or 41B above; or
ii
of Part I of this Schedule,
which overrides any of the rules of the scheme;
“the relevant date” means F200, subject to regulations under sub-paragraph (2C) below, the date when the member’s pensionable service terminates or the date of the relevant application, whichever is the later; and
“the relevant application” means any application which the member has made under paragraph 16 below and which he has not withdrawn.
F2012A
Where a member continues in employment to which a scheme applies after his pensionable service in that employment terminates—
a
if regulations so provide, he only acquires a right to the cash equivalent of such part of the benefits specified in sub-paragraph (1) above as may be prescribed; and
b
if regulations so provide, he acquires no right to a cash equivalent.
2B
Regulations may provide for the purposes of sub-paragraph (2A) above that in prescribed circumstances a number of employments (whether or not consecutive) shall be treated as a single employment.
F2022C
Regulations—
a
may provide that a right at the relevant date to the cash equivalent of any part of the benefits specified in sub-paragraph (1) above which but for regulations under the foregoing provisions of this paragraph a member would have on the termination of his pensionable service in an employment to which a scheme applies shall, if his employment terminates at least one year before normal pension age, accrue to him on the date when it terminates and be valued accordingly; and
b
may substitute, in relation to any case to which the regulations apply—
i
a new definition of the “relevant date” for the definition in sub-paragraph (2) above, and
ii
a new definition of “the last option date” for the definition in paragraph 15(2) below.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F203in sub-paragraph (2) above “the preservation requirements” means the requirements set out in Part I of Schedule 16 to the Social Security Act 1973 as the requirements of Part II of that Act relating to preservation of benefit under occupational pension schemes.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F204
13
C221
A member who acquires a right to a cash equivalent under this Part of this Schedule may only take it by exercising the option conferred by sub-paragraph (2) below.
X1C222
Subject to sub-paragraphs (3) and (4) below, the option conferred by this sub-paragraph on any such member is that of requiring the trustees or managers of the scheme of which he is a member to use the cash equivalent to which he has acquired a right in whichever of the ways specified in paragraphs (a), (b) and (c) below he chooses—
a
for acquiring transfer credits allowed under the rules of F205another occupational pension scheme, or for acquiring rights allowed under the rules of a personal pension scheme whose trustees or managers F206, in either case, are able and willing to accept him and which F206, in either case, satisfies prescribed requirements;
b
F207except in respect of the cash equivalent of his protected rights, if any, under a scheme which is, or was formerly, a money purchase contracted-out scheme for purchasing from one or more insurance companies such as are mentioned in section 52C (4)(a) above, chosen by the member and willing to accept payment on account of the member from the trustees or managers, one or more annuities which satisfy prescribed requirements;
c
subject to sub-paragraph (3) below, for subscribing to F208other pension arrangements which satisfy prescribed requirements.
F209C222
Subject to sub-paragraphs (3) and (4) below, the option conferred by this sub-paragraph on any such member is that of requiring the trustees or managers of the scheme of which he is a member to use the cash equivalent to which he has acquired a right in whichever of the ways specified in paragraphs (a), (b) and (c) below he chooses—
a
for acquiring transfer credits allowed under the rules of an occupational pension scheme, or for acquiring rights allowed under the rules of another personal pension scheme whose trustees or managers, in either case, are able and willing to accept him and which, in either case, satisfies prescribed requirements;
c
subject to sub-paragraph (3) below, for subscribing to other pension arrangements which satisfy prescribed requirements.
F2102A
Without prejudice to the generality of sub-paragraph (2) above, the powers conferred by that sub-paragraph include power to provide that a scheme, an annuity or pension arrangements must satisfy requirements of the Inland Revenue.
3
Except in such circumstances as may be prescribed sub-paragraph (2) above is to be construed as if paragraph (c) were omitted.
4
A member may exercise the option conferred by sub-paragraph (2) above in different ways in relation to different portions of his cash equivalent, but a member who exercises that option must do so in relation to the whole of his cash equivalent or, where sub-paragraph (5) below applies, in relation to the whole of the sum mentioned in sub-paragraph (6) below.
X2C235
Where—
F211a
the trustees or managers of an occupational pension scheme which is not a contracted:-out scheme, or of a personal pension scheme which is not an appropriate scheme, F212or of a self-employed pension arrangement within the meaning of regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations 1985 or regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations 1987 are able or willing to accept a transfer payment only in respect of a member’s rights other than his accrued rights to guaranteed minimum pensions or his protected rights; and
b
the member has not required the trustees or managers of the scheme from which he is being transferred to use that portion of his cash equivalent that represents guaranteed minimum pensions or protected rights in any of the ways specified in sub-paragraph (2) above.
paragraph 12 above, this paragraph and paragraph 14 below are to be construed as conferring on the member an option only in respect of the sum mentioned in sub-paragraph (6) below.
C24C236
The sum referred to in sub-paragraph (5) above is the sum equal to the balance of the cash equivalent to which the member would be entitled if sub-paragraph (5) above did not apply, after deduction of an amount sufficient for the trustees or managers of the scheme from which he is being transferred to meet their liability in respect of his and his widow’s guaranteed minimum pensions F213or his protected rights.
F214C235
Where—
a
the trustees or managers of an occupational pension scheme which is not a contracted-out scheme, or of a personal pension scheme which is not an appropriate scheme, F215or of a self-employed pension arrangement within the meaning of regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations 1985 or regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations 1987 are able or Willing to accept a transfer payment only in respect of a member’s rights other than his protected fights within the meaning given by Schedule 1 to the Social Security Act 1986; and
b
the member has not required the trustees or managers of the scheme from which he is being transferred to use that portion of his cash equivalent that represents protected rights within the meaning given by Schedule 1 to te Social Security Act 1986 in either of the ways specified in sub-paragraph (2) above,
paragraph 12 above, this paragraph and paragraph 14 below are to be construed as conferring on the member an option only in respect of the sum mentioned in sub-paragraph (6) below.
6
The sum referred to in sub-paragraph (5) above is the sum equal to the balance of the cash equivalent to which the member would be entitled if sub-paragraph (5) above did not apply, after deduction of an amount sufficient for the trustees or managers of the scheme from which he is being transferred to meet their liability in respect of his protected rights within the meaning given by Schedule 1 to the Social Security Act 1986.
14
1
F216Cash equivalents are to be calculated and verified in the prescribed manner.
2
The power to make regulations conferred by sub-paragraph (1) above includes power to provide that cash equivalents are to be calculated and verified in such manner as may be approved in particular cases—
a
by prescribed persons; or
b
by persons with prescribed professional qualifications or experience; or
c
by persons approved by the Secretary of State
F217and power to provide that they shall be calculated and verified in accordance with guidance prepared by a prescribed body.
3
Regulations may provide—
a
that in calculating cash equivalents account shall be taken—
i
of any surrender, commutation or forfeiture of the whole or part of a member’s pension which occurs before the trustees or managers of the scheme of which he is a member do what is needed to comply with what he requires under paragraph 16 below;
F220b
that in prescribed circumstances a cash equivalent shall be increased or reduced.
4
Without prejudice to the generality of sub-paragraph (3) above—
a
the circumstances that may be specified by virtue of paragraph (b) of that sub-paragraph include—
C25i
the length of time which elapses between the termination of a member’s pensionable service and his exercise of the option conferred by this Part of this Schedule or regulations under it;
ii
failure by the trustees or managers of a scheme to do what is needed to carry out what a member of the scheme requires within six months of the date on which they receive an application from him under paragraph 16 below; and
iii
the state of the funding of a scheme; and
b
regulations under that sub-paragraph may specify as the amount by which a cash equivalent is to be reduced such an amount that a member has no right to receive anything.
C2615
1
A member may only exercise the option conferred by paragraph 13 above on or before the last option date.
C272
In this paragraph “the last option date” means the date which falls—
a
one year before the date on which he attains normal pension age, or
b
six months after the date when his pensionable service terminates, whichever is the later.
3
A member loses the right to any cash equivalent under this Part of this Schedule—
a
if his pension or benefit in lieu of a pension or any part of it becomes payable before he attains normal pension age;
b
if he fails to exercise the option conferred by paragraph 13 above on or before the last option date; or
c
if the scheme is wound up.
16
C281
A member may only exercise the option conferred by paragraph 13 above by making an application in writing to the trustees or managers of the scheme.
X4C282
In any case where—
a
a member has exercised that option; and
b
the trustees or managers of the scheme have done what is needed to carry out what the member requires.
the trustees or managers shall be discharged from any obligation to provide benefits to which the cash equivalent related except, in any F221such cases as are mentioned in paragraph 13(5) above, to the extent that an obligation to provide F221such guaranteed minimum pensions or give effect to such protected rights continues to subsist.
F2222
In any case where—
a
a member has exercised that option; and
b
the trustees or managers of the scheme have done what is needed to carry out what the member requires,
the trustees or managers shall be discharged from any obligation to provide benefits to which the cash equivalent related except, in any such cases as are mentioned in paragraph 1 3(5) above, to the extent that an obligation to make provision for such protected rights continues to subsist.
C293
If the trustees or managers of a scheme receive an application under this paragraph, it shall be their duty, subject to the following provisions of this paragraph, to do what is needed to carry out what the member requires—
a
within twelve months of the date on which they receive the application; or
b
by the date on which the member attains normal pension age, whichever is the earlier.
C294
If—
a
disciplinary proceedings or proceedings before a court have been commenced against a member at any time before the expiry of the period of twelve months beginning with the date when his pensionable service terminates; and
b
it appears to the trustees or managers of the scheme of which he is a member that the proceedings may lead to the whole or part of the pension or benefit in lieu of a pension payable to the member or his widow being forfeited,
it shall be the trustees’ or managers’ duty, subject to the following provisions of this paragraph, to do what is needed to carry out what the member requires before—
i
the date before which they would be obliged to do it under sub-paragraph (3) above; or
ii
the end of the period of three months after the conclusion of the disciplinary or court proceedings (including any proceedings on appeal),
whichever is the later.
C295
The Occupational Pensions Board may grant an extension of the period within which the trustees or managers of a scheme are obliged to do what is needed to carry out what a member of the scheme requires—
a
in any case where in the opinion of the Board—
i
the scheme is being wound up or is about to be wound up;
ii
the scheme is ceasing to be a contracted-out scheme;
iii
the interests of the members of the scheme generally will be prejudiced if the trustees or managers of the scheme do what is needed to carry out what is required within that period; or
iv
the member has not taken all such steps as the trustees or managers can reasonably expect him to take in order to satisfy them of any matter which falls to be established before they can properly carry out what he requires;
b
in any case where the provisions of section 49 above apply; and
c
in any case where a request for an extension has been made on a ground specified in paragraph (a) or (b) above, and the Board’s consideration of the request cannot be completed before the end of that period.
C296
A request under sub-paragraph (5) above may only be made by the trustees or managers.
C297
The Board shall have power, if they are satisfied that there has been a relevant change of circumstances since they granted an extension, or that they granted an extension in ignorance of a material fact or on the basis of a mistake as to a material fact—
a
to direct that the extension shall end on a date earlier than that on which it would otherwise have ended; or
b
to revoke the grant of the extension.
C298
An application to the trustees or managers of a scheme under this paragraph is to be taken to have been made if it is delivered to them personally, or sent by post in a registered letter or by the recorded delivery service.
C3017
1
Subject to sub-paragraph (2) below, a member of a scheme may withdraw an application under paragraph 16 above by giving the trustees or managers of the scheme notice in writing that he no longer wishes them to do what is needed to carry out what he previously required.
2
Such a notice shall be of no effect if it is given to the trustees or managers at a time when, in order to comply with what the member previously required, they have already entered into an agreement with a third party to use the whole or part of the member’s cash equivalent in a way specified in paragraph 13(2)(a), (b) or (c) above.
3
A member who withdraws an application may make another.
4
A notice to the trustees or managers of a scheme under this paragraph is to be taken to have been given if it is delivered to them personally, or sent by post in a registered letter or by recorded delivery service.
C3118
1
Subject to sub-paragraph (2) below, this Part of this Schedule overrides any provision of a scheme to the extent that it conflicts with this Part of this Schedule.
2
This Part of this Schedule does not override any provision of a scheme to the extent that it deals with priorities on a winding-up.
C32Part III SUPPLEMENTARY
Under reg. 3(10) of S.I. 1987/1116, Part III (paras. 19-23) has effect (27.7.1987) in relation to personal pension schemes subject to modifications, specified in paras. 14-16 of Sch. 4 to that S.I., to paras. 19, 21 and 22
19
In making any calculation for the purposes of this Schedule—
a
any charge or lien on the whole or part of a pension; and
b
any set-off against the whole or part of a pension,
shall be disregarded.
20
1
The Secretary of State may by regulations direct that this Schedule shall have effect, in such cases as he may specify in the regulations, subject to such modifications as he may there specify.
2
In sub-paragraph (1) above “modification” includes, without prejudice to the generality of that sub-paragraph, addition, omission and amendment.
21
The Occupational Pensions Board may at any time, and shall if requested by the trustees or managers of an occupational pension scheme, advise on any question whether—
a
any provision of this Schedule (including, without prejudice to section 20(2) of the Interpretation Act 1978, any such provision as modified by regulations under paragraph 20 above) does or does not override any provision of the scheme;
b
any benefit is an average salary benefit, a flat rate benefit or a money purchase benefit.
22
1
On an application made to them in respect of an occupational pension scheme (other than a public service pension scheme) by persons competent to make such an application in respect of it, the Occupational Pensions Board shall issue a determination on any such question as is mentioned in paragraph 21 above.
2
The persons competent to make an application under this paragraph in respect of a scheme are—
a
the persons mentioned in section 41E(2)(a) to (d) above; and
b
such other persons as regulations may specify, in relation to any category of schemes into which the scheme falls, as being proper persons to make an application for the purposes of this paragraph in respect of a scheme of that category.
23
It is hereby declared that nothing in the foregoing provisions of this Schedule is to be taken to preclude a scheme from being framed or managed more favourably to beneficiaries than is called for by those provisions.
F132SCHEDULE 2
Sch. 2 repealed (7.2.1994) by 1993 c. 48, s. 188(1), Sch. 5 Pt. I; S.I. 1994/86, art. 2
General regulations
1
In relation to employments which are or at any time have been contracted-out employments, and to the operation of schemes by reference to which such employments are or have been contracted-out, provision may be made by regulations—
a
for treating an earner’s employment, where it ends before a person succeeds to the business of the earner’s employer, as having been employment under the employer’s successor;
b
for disregarding changes in an earner’s employment due to the death of an employer or other cause, or any cesser of contracted-out employment so due, or for treating employment under one employer as a continuation of that under another and treating any contracting-out certificate issued to, or election made by, the former employer as issued to or made by the latter;
c
for disregarding temporary interruptions in an earner’s employment or contracted-out employment, and for treating the employment in either case as continuing during the interruption; and
d
generally as to the circumstances in which an earner’s employment is or is not to be treated as having begun, or as having come to an end;
and references in this paragraph to an earner’s employment beginning or ending shall include references to his employment becoming or ceasing to be contracted-out employment.
2
Regulations may enable the Occupational Pensions Board to determine, in prescribed circumstances, that an earner, or any group of earners whose employment falls within a particular category or description of contracted-out employments, has been in such employment from a date earlier than would otherwise be the case, not being, in the case of an earner within the scope of the determination, a date earlier than that on which his relevant employment began or a contracting-out certificate was issued in respect of it, whichever is the later.
3
Provision may be made by regulations for requiring an employer to give notice to the Secretary of State when an earner’s employment becomes or ceases to be contracted-out employment and when an earner’s employment in contracted-out employment begins or ends.
Requisite benefits
4F223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modification of Part III in certain cases
5
1
Regulations may modify the provisions of Part III of this Act in their application to cases in which a person is employed at the same time in two or more employments (whether or not under the same employer), being employments of which at least one is contracted-out employment but which are not all contracted-out employments, with a view to enabling the employments to be treated either separately or together for the purposes of that Part of this Act.
2
Regulations may modify the provisions of Part III of this Act in their application to cases in which—
a
any description of benefit under a scheme is subject to a limit (however imposed) operating so as to prevent service beyond a particular length from qualifying for further benefits;
b
earners qualify for the benefits of a scheme by reference not only to service in contracted-out employment but also to service in the same or another employment (whether or not contracted-out employment) before the scheme was contracted-out in relation to them or their employment;
and regulations under this paragraph may include provision for securing that in such cases an earner’s employment does not cease to be contracted-out employment only because his service for the time being does not qualify him for the requisite benefits.
Centralised schemes
7
1
Regulations may modify sections 31 to 49 of this Act in their application to employments in the case of which earners under different employers qualify by virtue of their respective service in those employments for the benefits of the same occupational pension scheme.
2
Regulations under this paragraph may provide—
a
for the trustees or managers of the scheme instead of the employer to be subject to the liabilities imposed by sections 42 to 45 of this Act;
b
for the adjustment (whether as a consequence of any provision made under paragraph (a) above or otherwise) of rights and liabilities as between employers, earners and the trustees or managers.
Special provisions for certain public service pension schemes
8
1
In relation to employments of any class to which this paragraph applies, the Secretary of State may by regulations—
a
direct that elections with a view to the issue, variation or surrender of contracting-out certificates shall be made and revoked by him instead of by the employer;
b
make provision for other things which by or under Part III of this Act are required or authorised to be done by or to an employer to be done instead by or to the Secretary of State;
c
make provision for treating any employments of the class in question as employments under a single employer different from the employer in any other employment;
d
make provision for the recovery by the Secretary of State of any state scheme premium from any person where it has been paid by the Secretary of State instead of by that person.
2
Before making any regulations under this paragraph the Secretary of State shall consult with such bodies concerned with employments of the class in question as appear to him fairly to represent the interests of the employers and earners in those employments.
3
Subject to sub-paragraphs (4) and (5) below, the employments in which an earner’s service qualifies him for benefit under any of the following enactments shall constitute a class to which this paragraph applies—
4
Where service in any employment would qualify a person as aforesaid under any of the enactments specified in sub-paragraph (3) above but for rules having effect under section 2 of M43 the Superannuation (Miscellaneous Provisions) Act 1948 (persons transferring to and from certain employments), the employment shall be treated as falling within the class to which that enactment relates and as not falling within any other class to which this paragraph applies.
5
Where a local Act contains a provision for the payment of benefits in respect of service which but for the provision would qualify a person for such benefits under the enactments specified in sub-paragraph (3) above, that provision shall be deemed to be included among the enactments so specified.
Incidental matters
9
Regulations may make provision for any incidental matters connected with the provisions of Part III of this Act in relation to any employment which is, has been or may become contracted-out employment and for any incidental matters otherwise connected with the provisions of that Part or this Schedule.
F133SCHEDULE 3
Sch. 3 repealed (7.2.1994) by 1993 c. 48, s. 188(1), Sch. 5 Pt. I; S.I. 1994/86, art. 2
Earner’s contributions to occupational pension scheme
1
F231This Schedule applies to any sum owed on account of an earner’s contributions to an occupational pension scheme, being contributions deducted from earnings paid in the period of four months immediately preceding the F232relevant date or otherwise due in respect of earnings paid or payable in that period.
Employer’s contributions to occupational pension scheme
2
1
F233This Schedule applies to any sum owed on account of an employer’s contributions to a contracted-out scheme, being contributions payable—
a
in the period of twelve months immediately preceding the F234relevant date; and
b
in respect of earners in contracted-out employment by reference to the scheme towards the provision for those earners of guaranteed minimum pensions under the scheme.
F2351A
This Schedule applies to any sum owed on account of an employer’s minimum payments to a contracted-out scheme falling to be made in the period of twelve months immediately preceding the relevant date.
2
In so far as contributions F236or payments cannot from the terms of the scheme be identified as falling within sub-paragraph (1) F236or (1A) above, the amount of the debt having priority by virtue of that sub-paragraph shall be deemed F237, in a case where the relevant event took place before the day of the passing of the Social Security Act 1985, to be an amount equal to—
a
7 per cent. of the total reckonable earnings paid or payable, in the period of twelve months referred to in that sub-paragraph, to or for the benefit of non-contributing earners; or
b
4·5 per cent. of the total reckonable earnings paid or payable in that period to or for the benefit of contributing earners.
F236and shall be deemed, F238in any other case, to be an amount equal to—
i
F2394.8 per cent. of the total reckonable earnings mentioned in paragraph (a) above; and
ii
F2393.0 per cent. of the total reckonable earnings mentioned in paragraph (b) above; and
3
For the purposes of sub-paragraph (2) above—
a
the earnings to be taken into account as reckonable earnings are those paid or payable to or for the benefit of earners in contracted-out employment (by reference to the scheme) in the whole or any part of the said period of twelve months; and
b
earners are to be identified as contributing or non-contributing in relation to service of theirs in contracted-out employment by reference to the scheme according to whether or not in the period in question they were liable under the terms of the scheme to contribute in respect of that service towards the provision of pensions under the scheme.
4
In this paragraph “employer” shall be construed in accordance with regulations made under section 66(3) of this Act and “reckonable earnings”, in relation to any employment, means the earner’s earnings from that employment so far as those earnings—
a
were comprised in any payment of earnings made to him or for his benefit at a time when the employment was contracted-out employment; and
b
exceeded the current lower earnings limit but not the current upper earnings limit.
Interpretation
4
F244Section 196(3) of the Companies Act 1985 and section 387 of Insolvency Act 1986 apply as regards the meaning in this Schedule of the expression “the relevant date”F245In this Schedule “the relevant date” has the same meaning as in Part I of Schedule 3 to the Bankruptcy (Scotland) Act 1985; and references to a contracted-out scheme, contracted-out employment and a state scheme premium include references to a contracted-out scheme, contracted-out employment and a state scheme premium within the meaning of any provisions in force in Northern Ireland and corresponding to the provisions of this Act.
F134F135SCHEDULE 3A
Sch. 3A repealed (7.2.1994) by 1993 c. 48, s. 188(1), Sch. 5 Pt.I; S.I. 1994/86, art. 2
Sch. 3A inserted (prosp.) by Sch. 2 to Social Security Act 1990 (c. 27)
Interpretation
1
In this Schedule—
“annual rate”, in relation to a pension or the later or earlier service component of a pension, means the annual rate of the pension or component, as previously increased under the rules of the scheme or this Schedule;
“the appointed day” means the day on which this Schedule and section 58A of this Act come into force;
“the appropriate percentage”, in relation to an increase in the annual rate of a pension or a component of a pension, means the percentage specified in the last revaluation order made before the increase is to take effect as the revaluation percentage for the last revaluation period of twelve months;
“earlier service component” means so much (if any) of the annual rate of the pension as is attributable to pensionable service before the appointed day;
“later service component” means so much (if any) of the annual rate of the pension as is attributable to pensionable service on or after the appointed day;
“pension”, in relation to a scheme, means any pension which commences or has commenced under the scheme but does not include—
- a
a guaranteed minimum pension or any increase in such a pension under section 37A above; or
- b
any money purchase benefit;
- a
“pensionable service” has the meaning given by paragraph 3 of Schedule 16 to the 1973 Act;
“qualifying scheme” means a scheme to which section 58A of this Act applies;
“revaluation order”, “revaluation percentage” and “revaluation period” shall be construed in accordance with section 52A above.
Annual increase of later service component
2
1
If, apart from this Schedule, the annual rate of a pension under a qualifying scheme would not be increased as mentioned in section 58A(1)(b) of this Act, the annual rate of its later service component shall be increased annually by at least an amount equal to the appropriate percentage of the annual rate of that component as applicable immediately before the increase takes effect.
2
The first increase by virtue of this paragraph in the rate of a pension shall take effect not later than the first anniversary of the commencement of the pension and subsequent increases shall take effect at intervals of not more than twelve months thereafter.
3
This paragraph is subject to paragraphs 4 to 7 below.
Annual increase of earlier service component where scheme is in surplus
3
1
If on any valuation day the value of a qualifying scheme’s assets, as determined in accordance with regulations, exceeds the value of its liabilities, as so determined, the amount of the excess (the “valuation surplus”) shall be applied in accordance with the following provisions of this paragraph in providing for annual increases, up to the aggregate referred to in sub-paragraph (6) below, in the annual rate of the earlier service component of each pension under the scheme that would not, apart from this Schedule, be increased as mentioned in section 58A(1)(b) of this Act.
2
The amount of each annual increase to be provided in pursuance of this paragraph in consequence of a valuation surplus shall be an amount equal to the appropriate percentage of the annual rate of the earlier service component of the pension in question as applicable immediately before that annual increase takes effect.
3
Except in a case where regulations otherwise provide, the days which are “valuation days” for the purposes of this paragraph are—
a
the appointed day; and
b
each subsequent day as at which the assets and liabilities of the scheme in question are actuarially valued for any purpose.
4
Where, in consequence of a valuation surplus, this paragraph requires provision to be made for annual increases in the annual rate of the earlier service component of a pension, the first of those increases shall take effect not later than the first anniversary of the later of—
a
the valuation day as at which the valuation was made which disclosed the valuation surplus; or
b
the commencement of the pension;
and subsequent increases shall take effect at intervals of not more than twelve months thereafter.
5
In any case where—
a
a valuation of the assets and liabilities of a qualifying scheme discloses a valuation surplus, but
b
the amount of the surplus is insufficient to provide in full for the annual increases otherwise required by this paragraph in pensions under the scheme,
the valuation surplus shall be applied in providing for the increases so required but only at the percentage rate that would apply year by year in relation to those increases if, for the maximum percentage of 5 per cent. specified in section 52A(9)(a) above, there were substituted such lower percentage as represents the greatest maximum percentage, as determined in accordance with regulations, by reference to which the valuation surplus is sufficient to provide for annual increases in the earlier service component of the pensions in question.
6
If a valuation surplus is disclosed on a valuation at any time when either—
a
provision has already been made by the scheme for the annual rate of the earlier service component of every such pension as is mentioned in sub-paragraph (1) above to be increased annually in the aggregate by at least the appropriate percentage of that rate, or
b
the application of part only of the valuation surplus would be sufficient to secure that result,
this paragraph does not require that valuation surplus or, as the case may be, the remaining part of it, to be applied in the provision of increases under this paragraph.
7
the powers conferred by sub-paragraphs (1) and (5) above to make regulations include, respectively, power to provide that the valuation of the scheme’s assets or liabilities is to be calculated and verified, or the percentage in question is to be determined,—
a
in such manner as may, in the particular case, be approved—
i
by a prescribed person;
ii
by a person with prescribed professional qualifications or experience; or
iii
by a person approved by the Secretary of State;
b
in accordance with guidance prepared by a prescribed body;
c
in accordance with prescribed principles and requirements; or
d
in accordance with principles determined by the person who performs the duties of calculation and verification.
8
This paragraph is subject to paragraphs 4 to 7 below.
Proportional increases where first period is less than 12 months
4
1
Where a pension commenced to be paid less than twelve months before the date on which its first increase under paragraph 2 above is to take effect, the amount of that first increase shall be determined by the application of the formula—
Where—
- M
is the number of complete months in the period beginning with the commencement of the pension and ending immediately before that date; and
- I
is the amount of the increase that would have been required by that paragraph, apart from this sub-paragraph.
2
This paragraph shall apply in relation to the first increase of a pension by virtue of paragraph 3 above in consequence of each successive valuation surplus as it applies in relation to the first increase of a pension under paragraph 2 above.
Restriction on increases where member is under 55
5
1
No increase under paragraph 2 or 3 above is required to be paid to or for a member of a scheme whose pension has commenced but who has not attained the age of 55 at the time when the increase takes effect, unless—
a
he is permanently incapacitated by mental or physical infirmity from engaging in regular full-time employment, or
b
he has retired on account of mental or physical infirmity from the office or employment in respect of which, or on retirement from which, the pension is payable,
in which case the pension shall be payable at the annual rate at which it would have been payable apart from this sub-paragraph.
2
The rules of a scheme may provide that if, in a case where a pension has been paid to or for a member under the age of 55 at an increased rate in consequence of paragraph (a) or (b) of sub-paragraph (1) above, the member—
a
ceases to suffer from the infirmity in question before he attains the age of 55, but
b
continues to be entitled to the pension,
any increases subsequently taking effect under paragraph 2 or 3 above in the annual rate of the pension shall not be paid or shall not be paid in full.
3
In any case where—
a
by virtue only of sub-paragraph (1) or (2) above, increases are not paid to or for a member or are not paid in full, but
b
the member attains the age of 55 or, in a case falling within sub-paragraph (2) above, again satisfies the conditions set out in paragraph (a) or (b) of sub-paragraph (1) above,
his pension shall thereupon become payable at the annual rate at which it would have been payable apart from sub-paragraph (1) or (2) above.
Application of Schedule to pensions not attributable to pensionable service
6
Regulations may provide that this Schedule (other than this paragraph) shall apply in relation to any pension under a qualifying scheme as if so much of the annual rate of the pension as would not otherwise be attributable to pensionable service were attributable in accordance with the regulations—
a
to pensionable service before the appointed day;
b
to pensionable service on or after that day; or
c
partly to pensionable service before, and partly to pensionable service on or after, that day;
and any reference to the earlier or later service component of the pension shall be construed accordingly.
Regulations
7
1
The Secretary of State may by regulations direct that section 58A of this Act and this Schedule shall have effect, in such cases as he may specify.
2
In sub-paragraph (1) above “modification”, without prejudice to the generality of that sub-paragraph, includes addition, omission, and amendment.
Overriding effect of the increase provisions
8
The provisions of section 58A of this Act, this Schedule and any regulations made under it override any provision of a qualifying scheme, other than a protected provision (within the meaning of paragraph 7 of Schedule 1A to this Act), to the extent that it conflicts with them.
C12SCHEDULE 4 AMENDMENTS OF ENACTMENTS
The text of Schedules 4 and 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
PART I CONSEQUENTIAL AND OTHER AMENDMENTS
The Bankruptcy (Scotland) Act M151913
1
In section 118(1) of the Bankruptcy (Scotland) Act 1913 for paragraphs (f) and (g) there shall be substituted—
f
all the debts specified in section 153(2) of the Social Security Act 1975, Schedule 3 to the Social Security Pensions Act 1975 and any corresponding provisions in force in Northern Ireland
The Bankruptcy Act M161914
F1362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Companies Act M171948
3
In section 319(1)(e) of the Companies Act 1948 for the words from “all the debts” onwards, there shall be substituted the words “all the debts specified in section 153(2) of the Social Security Act 1975, Schedule 3 to the Social Security Pensions Act 1975 and any corresponding provisions in force in Northern Ireland”.
The Law Reform (Personal Injuries) Act M181948
4
F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Administration of Justice Act M191964
5
In section 17(2)(b) of the Administration of Justice Act 1964 for the words from “together” onwards there shall be substituted the words
together with—
i
secondary class 1 contributions payable in respect of those officers under Part I of the Social Security Act 1975; and
ii
state scheme premiums so payable under Part III of the Social Security Pensions Act 1975
The Family Allowances Act M20 1965
6
In section 8(3) of the Family Allowances Act 1965 after the words “the Social Security Act 1975” there shall be inserted the words “, the Social Security Pensions Act 1975”.
The Supplementary Benefit Act M211966
(The Ministry of Social Security Act 1966)
7
In section 16(1)(a) of the Supplementary Benefit Act 1966 after the words “the Social Security Act 1975” there shall be inserted the words “or Part II of the Social Security Pensions Act 1975”.
8
In section 26(4) of that Act after the words “Part II of the Social Security Act 1975” there shall be inserted the words “or Part II of the Social Security Pensions Act 1975”.
9
In paragraph 24 of Schedule 2 to that Act—
a
after sub-paragraph (2)(d) there shall be inserted—
e
any guaranteed minimum pension within the meaning of the Social Security Pensions Act 1975
b
in sub-paragraph (3) after the words “the Social Security Act 1973” there shall be inserted the words “or Part II of the Social Security Pensions Act 1975”;
c
In sub-paragraphs (4) and (5) for the words “the rate specified in Part I of Schedule 4 to the Social Security Act 1975 for a widow’s pension under that Act” there shall be substituted the words “the sum specified in section 6(1)(a) of the Social Security Pensions Act 1975”.
The Agriculture Act M22 1967
10
F246In section 67(3)(e) of the Agriculture Act 1967 after the words “Part II of the Social Security Act 1975” there shall be inserted the words “or Part II of the Social Security Pensions Act 1975”
The Rent Act M231968
11
In section 40(3)(a) of the Rent Act 1968 for the words “Part III of the Social Security Act 1973” there shall be substituted the words “Part III of the Social Security Pensions Act 1975”
The Income and Corporation Taxes Act M241970
12
In section 8(2)(b) of the Income and Corporation Taxes Act 1970 after the words “those Acts” there shall be inserted the words “or the Social Security Pensions Act 1975 or under any provisions in force in Northern Ireland and corresponding to the last-mentioned Act.”
The Administration of Justice Act M25 1970
13
In Schedule 4 to the Administration of Justice Act 1970 for paragraph 3 there shall be substituted—
3
State scheme premiums under Part III of the Social Security Pensions Act 1975.
The Family Income Supplements Act M26
14
In section 8(4) of the Family Income Supplements Act 1970 for the words “the Social Security Act 1975” there shall be substituted the words “the Social Security Acts 1975”.
The Attachment of Earnings Act M27
15
In section 24(2) of the Attachment of Earnings Act 1971 after paragraph (e) there shall be inserted—
f
guaranteed minimum pension within the meaning of the Social Security Pensions Act 1975.
16
In Schedule 2 to that Act for paragraph 3 there shall be substituted—
3
State scheme premiums under Part III of the Social Security Pensions Act 1975.
17
In Schedule 4 to that Act for the words “The Social Security Act 1975 (c. 14)” there shall be substituted the words “The Social Security Acts 1975 (cc. 14 and 60)”.
The Pensions (Increase) Act M281971
18
In section 5(3) of the Pensions (Increase) Act 1971 for the words “in relation to a particular review under section 2 above” there shall be substituted the words “for any particular purpose”.
19
In section 15(4) of that Act for the words “section 1 or 2 above” there shall be substituted the words “section 1 above or section 59 of the Social Security Pensions Act 1975”.
The Finance Act M29 1971
20
In paragraph 1(b) of Schedule 4 to the Finance Act 1971 for the words following “benefit under” there shall be substituted—
i
the Social Security Act 1975,
ii
the Social Security Pensions Act 1975,
iii
the Social Security (Northern Ireland) Act 1975, or
iv
any provisions in force in Northern Ireland and corresponding to provisions of the Social Security Pensions Act 1975,
which is payable to the wife otherwise than by virtue (wholly or partly) of her own contributions.
The Housing (Financial Provisions) (Scotland) Act M301972
21
F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing Finance Act M31
22
In Schedule 3 to the Housing Finance Act 1972, in paragraph 9(2)(j) for the words “the rate specified in Schedule 4 to the Social Security Act 1975 for a widow’s pension under that Act” there shall be substituted the words “the sum specified in section 6(1)(a) of the Social Security Pensions Act 1975.”
The Social Security Act M32
F13923
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14024
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14125
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14226
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14327
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14428
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14529
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14630
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14731
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14832
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14933
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Employment and Training Act M331973
34
F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Insurance Act M341974
F15135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Social Security Act M351975
F15236
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15337
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15438
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15539
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15640
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15741
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15842
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15943
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16044
In section 29(7) of that Act in paragraph (a)(i) the word “lower” shall be omitted and in paragraphs (a)(ii) and (b) for the words “at the higher rate so specified” there shall be substituted the words “at the rate specified in section 7 of the Pensions Act”.
F16145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16246
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16347
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48
In section 42(3) of that Act after the words “Category A” there shall be inserted “, B”.
F16449
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16550
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51
In section 125(1) of that Act, for paragraph (a) there shall be substituted—
a
Parts I, IV and V of Schedule 4 to this Act and paragraphs 1 to 3, 4 and 5 of Part III; and
F16652
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16753
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16854
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16955
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17056
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17258
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17359
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17460
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17561
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17662
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17763
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17864
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Social Security (Consequential Provisions) Act M361975
65
F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II MINOR CORRECTIONS OF 1975 CONSOLIDATION ACTS
The Social Security Act M371975
F18066
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18167
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Social Security (Northern Ireland) Act M381975
F18268
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The Social Security (Consequential Provisions) Act M39
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In Schedule 3 to the Social Security (Consequential Provisions) Act 1975—
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in paragraph 31, there shall be inserted at the end of the Table—
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C13SCHEDULE 5 REPEALS
The text of Schedules 4 and 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Chapter | Short Title | Extent of Repeal |
|---|---|---|
6 & 7 Eliz. 2. c. 51. | The Public Records Act 1958. | In Schedule 1, in Part I, in the second column of the Table, the words “Reserve Pension Board”. |
1970 c. 10. | The Income and Corporation Taxes Act 1970. | In section 219(3), paragraph (a) the words “or any secondary reserve scheme contribution within the meaning of the said Act of 1973”; and the words “in either case”. |
1971 c. 32. | The Attachment of Earnings Act 1971. | In Schedule 3, paragraph 3(b). |
1971 c. 56. | The Pensions (Increase) Act 1971. | Section 2 but without prejudice to any existing order under that section. |
Section 9(3), (4) and (4A). | ||
1972 c. 11. | The Superannuation Act 1972. | Section 25. |
1972 c. 48. | The Parliamentary and other Pensions Act 1972. | Section 34(2). |
1972 c. 53. | The Contracts of Employment Act 1972. | In section 6, paragraph (d) together with the word “and” immediately preceding it. |
1973 c. 38. | The Social Security Act 1973. | Section 1(7), (8) and (9). |
Section 23(1). | ||
In section 51, subsections (1), (2) and (4), in subsection (5) the words “in subsection (4)(a) above and” and subsections (6), (8) and (9). | ||
In section 52, subsections (1) to (7), in subsection (8) the words “for the purposes of recognition, and” and “other” and subsection (9). | ||
Sections 53 to 57. | ||
Section 58(1)(c), (3), (4) and (5). | ||
In section 59, in subsection (1) the words in brackets, and subsections (2) to (9). | ||
Sections 60 to 62. | ||
Part III. | ||
Section 85. | ||
In Section 86, in subsections (1), (4), (5) and (8) the word “concerned”, in subsection (4), paragraph (b) together with the word “or” immediately preceding it and subsection (9). | ||
Section 88. | ||
In section 89, in subsection (3), paragraph (c); and subsection (4). | ||
Section 91. | ||
In section 92, subsections (1) and (2); in subsection (4) the words from “the recovery” onwards; and subsections (5) to (7). | ||
Section 93. | ||
In section 98, in subsection (1)(a) the words from “including” onwards, and subsection (2). | ||
In section 99, in subsection (1) all the definitions except those of “earnings”, “employment”, “Inland Revenue”, “linked qualifying service”, “the Northern Ireland Ministry”, “occupational pension scheme”, “prescribed”, “public service pension scheme”, “resources” and “transfer credits”, and subsections (6), (7), (10), (13) and (14). | ||
Schedule 15. | ||
Schedules 18, 19 and 20. | ||
Schedule 22. | ||
In Schedule 23, paragraph 5, and from paragraph 7 to the end. | ||
Schedule 24. | ||
1974 c. 9. | The Pensions (Increase) Act 1974. | In section 3, subsection (1) and in subsection (3)(a) the figure “2(1)”. |
1974 c. 14. | The National Insurance Act 1974. | In Schedule 4, paragraphs 33 to 35. |
1975 c. 14. | The Social Security Act 1975 | In section 4(6)(a) the words “or 2 per cent. according to whether the earner is liable to contribute at the standard rate or the reduce d rate”. |
Sections 5 and 6. | ||
Section 7(2) and (3). | ||
In section 8, in subsection (2), paragraph (b) together with the word “and” immediately preceding it, and subsection (3). | ||
In section 9(8)(b the words followin g “pensionable age”. | ||
In section 27(6), the words from “but where” onwards. | ||
Section 28(2) to (6) and (8)(a). | ||
In section 29, in subsection (7)(a)(i) the word “lower” and subsections (10) to (12). | ||
In section 42(4)(a) the words in brackets. | ||
Sectio n 120(5)(a). | ||
Section 130(2) and (3). | ||
In section 133(6), in paragraph (a) the words “the Reserve Pension Fund or” and in paragraph (b) the words “out of the Reserve Pension Fund or”. | ||
In section 167(1)(a) the entry relating to section 5(3) and (4). | ||
In Schedule 4, in Part I, paragraphs 2, 6, 7 and 8. | ||
Schedule 7. | ||
In Schedule 20 the definitions of “Reserve Pension Fund”, “Reserve scheme contributions” and “Reserve scheme premiums”. | ||
1975 c. 18. | The Social Security (Consequential Provisions) Act 1975. | In Schedule 2, paragraphs 1(b), 2(b), 7(a), 47, 51, 53, to 57, 58 (except so much as substitutes “Ministry” for “Minister” in section 89(1) of the 1973 Act), 59 and 62 to 65. |
In Schedule 3, in paragraph 9(1)(a) the word “(respectively)” and paragraph (ii) together with the word “and” immediately preceding it. | ||
1975 c. 24. | The House of Commons Disqualification Act 1975. | In Part II of Schedule 1 the words “The Reserve Pension Board”. |
Act extends to Great Britain subject to provisions in s. 68(3)(4)