Alteration of scheme rules after certificationE+W+S
[37 Alteration of rules of contracted-out schemes.E+W
(1)Except in prescribed circumstances, the rules of a [salary related] contracted-out scheme cannot be altered unless the alteration is of a prescribed description.
(2)Regulations made by virtue of subsection (1) may operate so as to validate with retrospective effect any alteration of the rules which would otherwise be void under this section.
(3)References in this section to a [salary related] contracted-out scheme include a scheme which has ceased to be contracted-out so long as any person is entitled to receive, or has accrued rights to, any benefits under the scheme attributable to a period when the scheme was contracted-out.
[(4)The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person who is so entitled by virtue of a qualifying relationship only in such cases as may be prescribed.]
[(5)For that purpose a person is entitled to receive benefits by virtue of a qualifying relationship if the person is so entitled by virtue of being—
(a)the widower of a female earner;
(b)the widower of a male earner;
(c)the widow of a female earner, except where it is a relevant gender change case; or
(d)the survivor of a civil partnership with an earner.
(6)In relation to a widow of a female earner, the reference in subsection (5)(c) to a relevant gender change case is a reference to a case where—
(a)the earner is 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 earner and her widow (that ends with the earner's death) subsisted before the time when the certificate was issued.
(7)This section is subject to regulations under section 38A.]]
Extent Information
Textual Amendments
Commencement Information
[37 Alteration of rules of contracted-out schemes.S
(1)Except in prescribed circumstances, the rules of a [salary related] contracted-out scheme cannot be altered unless the alteration is of a prescribed description.
(2)Regulations made by virtue of subsection (1) may operate so as to validate with retrospective effect any alteration of the rules which would otherwise be void under this section.
(3)References in this section to a [salary related] contracted-out scheme include a scheme which has ceased to be contracted-out so long as any person is entitled to receive, or has accrued rights to, any benefits under the scheme attributable to a period when the scheme was contracted-out.
[(4)The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person who is so entitled by virtue of a qualifying relationship only in such cases as may be prescribed.
(5)For that purpose a person is entitled to receive benefits by virtue of a qualifying relationship if the person is so entitled by virtue of being—
(a)the widower of a female earner;
(b)the widower of a male earner;
(c)the widow of a female earner, except where it is a relevant gender change case; or
(d)the survivor of a civil partnership with an earner.
(6)In relation to a widow of a female earner, the reference in subsection (5)(c) to a relevant gender change case is a reference to a case where—
(a)the earner is 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 earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.]]
Extent Information
Textual Amendments
Commencement Information
38 Alteration of rules of appropriate schemes.E+W+S
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