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Trade Union and Labour Relations (Consolidation) Act 1992, Section 38 is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In the following provisions a “members’ superannuation scheme” means any scheme or arrangement made by or on behalf of a trade union (including a scheme or arrangement shown in the rules of the union) in so far as it provides—
(a)for benefits to be paid by way of pension (including any widows’ [F1, widowers’, surviving civil partners’ ] or children’s pensions or dependants’ pensions) to or in respect of members or former members of the trade union, and
(b)for those benefits to be so paid either out of the funds of the union or under an insurance scheme maintained out of those funds.
(2)A trade union shall not maintain a members’ superannuation scheme unless it maintains a separate fund for the payment of benefits in accordance with the scheme.
A “separate fund” means a fund separate from the general funds of the trade union.
Textual Amendments
F1Words in s. 38(1)(a) inserted (E.W.) (13.3.2014) and (S.) (16.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 24; The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 10
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