SCHEDULES
SCHEDULE 1 Certification Regulations
Part I Occupational Pension Schemes
Power to modify Part III, etc.
4
1
Regulations may modify the provisions of Part III (other than sections 14, 15 and F1. . . 64), Chapter III of Part IV and Chapter II of Part V (except, so far as they relate to personal pension schemes, the members of such schemes or rights in respect of them) in their application to cases in which—
a
a person is employed at the same time in two or more employments (whether or not under the same employer); and
b
at least one but not all of those employments is contracted-out employment,
with a view to enabling the employments to be treated either separately or together for the purposes of those provisions.
2
Regulations may also modify those provisions 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; or
b
earners qualify for the benefits of a scheme by reference to both—
i
service in employment which is contracted-out in relation to them by reference to the scheme; and
ii
service in the same employment or another employment (whether or not contracted-out employment) before the scheme was contracted-out in relation to them or their employment.
3
Regulations under this paragraph may include provision for securing that in the cases to which they apply an earner’s employment F2which, apart from the regulations, would not be contracted-out employment is treated as contracted-out employment where any benefits provided under the scheme are attributable to a period when the scheme was contracted-out.
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In this paragraph “regulations” means regulations made by the Department or, as the case may be, the Secretary of State.