SCHEDULES

SCHEDULE 2 Pensions: miscellaneous amendments

Section 18.

Income payments orders against pension payments

1

In section 32(2) of the M1Bankruptcy (Scotland) Act 1985 (vesting of estate, and dealings of debtor, after sequestration), at the beginning insert “ Notwithstanding anything in section 11 or 12 of the Welfare Reform and Pensions Act 1999, ”.

Annotations:
Commencement Information

I1 Sch. 2 para. 1 wholly in force at 29.5.2000; Sch. 2 para. 1 in force for certain purposes at Royal Assent see s. 89(1)(5); Sch. 2 para. 1 in force at 29.5.2000 by S.I. 2000/1382, art. 2(e)

Marginal Citations

M1 1985 c. 66.

2

In section 310(7) of the M2Insolvency Act 1986 (bankrupt’s income against which income payments orders may be made includes certain payments under pension schemes), after “employment and” insert “ (despite anything in section 11 or 12 of the Welfare Reform and Pensions Act 1999) ”.

Extended meaning of “personal pension scheme”

3

(1)

In the M3Pension Schemes Act 1993—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in section 181(1) (general interpretation), for the definition of “employed earner” substitute—

““employed earner” and “self-employed earner” have the meanings given by section 2 of the M4Social Security Contributions and Benefits Act 1992;”.

(2)

In consequence of sub-paragraph (1), the following provisions of that Act shall cease to have effect, namely—

(a)

in subsection (2)(a)(ii) of section 73 (short service benefit), the words “or a self-employed pension arrangement” and “or arrangement”;

(b)

in subsection (2)(a) of section 96 (exercise of option under section 95), sub-paragraph (iii) and the word “or” immediately preceding that sub-paragraph; and

(c)

in subsection (1) of section 181 (general interpretation), the definition of “self-employed pension arrangement”.

Revaluation of earnings factors: meaning of “relevant year”

4

In section 16(5) of the M5Pension Schemes Act 1993 (revaluation of earnings factors for purposes of section 14: early leavers etc.), for the definition of “relevant year” substitute—

““relevant year” means any tax year in the earner’s working life,”.

Interim arrangements

F25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of certain orders on guaranteed minimum pensions

6

In section 47 of the Pension Schemes Act 1993 (entitlement to guaranteed minimum pension for the purposes of the relationship with social security benefits), after subsection (6) (which is inserted by section 32(4) of this Act) add—

“(7)

For the purposes of section 46, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for any order under section 342A of the M6Insolvency Act 1986 (recovery of excessive pension contributions) or under section 36A of the M7Bankruptcy (Scotland) Act 1985.”

Mandatory payment of contributions equivalent premiums

7

(1)

In section 55 of the M8Pension Schemes Act 1993 (contributions equivalent premiums)—

(a)

in subsection (2), after “the prescribed person” insert “ shall, if subsection (2B) applies, pay and otherwise ”;

(b)

in subsection (2A), omit the words following paragraph (e); and

(c)

after that subsection insert—

“(2B)

Except in prescribed circumstances, this subsection applies in any case where the earner has no accrued right to any benefit under the scheme.

(2C)

Where a contributions equivalent premium is required to be paid in respect of an earner by virtue of subsection (2), the prescribed person must notify the Inland Revenue of that fact within the prescribed period and in the prescribed manner.”

(2)

In section 51 of the M9Pension Schemes (Northern Ireland) Act 1993 (contributions equivalent premiums)—

(a)

in subsection (2), after “the prescribed person” insert “ shall, if subsection (2B) applies, pay and otherwise ”;

(b)

in subsection (2A), omit the words following paragraph (e); and

(c)

after that subsection insert—

“(2B)

Except in prescribed circumstances, this subsection applies in any case where the earner has no accrued right to any benefit under the scheme.

(2C)

Where a contributions equivalent premium is required to be paid in respect of an earner by virtue of subsection (2), the prescribed person must notify the Inland Revenue of that fact within the prescribed period and in the prescribed manner.”

Payment by Secretary of State of unpaid pension contributions

8

(1)

Paragraph 2 of Schedule 4 to the M10Pension Schemes Act 1993 (priority in bankruptcy for amounts paid by Secretary of State in respect of unpaid pension contributions) is amended as follows.

(2)

For sub-paragraphs (1) to (3) substitute—

“(1)

This Schedule applies to any sum owed on account of an employer’s contributions to a salary related contracted-out scheme which were payable in the period of 12 months immediately preceding the relevant date.

(1A)

The amount of the debt having priority by virtue of sub-paragraph (1) shall be taken to be an amount equal to the appropriate amount.

(2)

This Schedule applies to any sum owed on account of an employer’s minimum payments to a money purchase contracted-out scheme falling to be made in the period of 12 months immediately preceding the relevant date.

(3)

In so far as payments cannot from the terms of the scheme be identified as falling within sub-paragraph (2), the amount of the debt having priority by virtue of that sub-paragraph shall be taken to be an amount equal to the appropriate amount.

(3A)

In sub-paragraph (1A) or (3) “the appropriate amount” means the aggregate of—

(a)

the percentage for non-contributing earners of the total reckonable earnings paid or payable, in the period of 12 months referred to in sub-paragraph (1) or (2) (as the case may be), to or for the benefit of non-contributing earners; and

(b)

the percentage for contributing earners of the total reckonable earnings paid or payable, in that period, to or for the benefit of contributing earners.”

(3)

In sub-paragraph (4), for “sub-paragraph (3)” substitute “ sub-paragraph (3A) ”.

Supervision by the Occupational Pensions Regulatory Authority

F39

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10

In section 8(4) of the M11Pensions Act 1995 (provision which may be contained in orders made by the Authority appointing pension scheme trustees), omit the word “or” at the end of paragraph (a).

11

In section 10 of the M12Pensions Act 1995 (imposition of civil penalties by the Authority), after subsection (8) insert—

“(8A)

Any penalty recoverable under this section—

(a)

shall, if a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court; and

(b)

may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.”

Occupational pension schemes: institutions who may hold money deposited by trustees etc.

12

(1)

Section 49 of the Pensions Act 1995 (other responsibilities of trustees, employers, etc.) is amended as follows.

(2)

In each of subsections (1) and (5) (money to be kept by trustees or employers in accounts with institutions authorised under the M13Banking Act 1987), for “an institution authorised under the Banking Act 1987” substitute “ a relevant institution ”.

(3)

After subsection (1) insert—

“(1A)

In this section “relevant institution” means—

(a)

an institution authorised under the Banking Act 1987;

(b)

an institution within any of paragraphs 1 to 6 of Schedule 2 to that Act (institutions not requiring authorisation); or

(c)

a European authorised institution within the meaning of the M14Banking Coordination (Second Council Directive) Regulations 1992 which may lawfully accept deposits in the United Kingdom in accordance with those regulations.”

Annual increase in rate of pension

F413

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Occupational pension schemes: certificates etc. relating to minimum funding requirement

F414

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Excess assets of wound-up schemes

F415

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensions Compensation Board

F416

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Diligence against pensions: Scotland

17

In section 94(3) of the M15Pensions Act 1995 (application of sections 91 and 92 to Scotland), at the end insert—

“(f)

after subsection 91(4) there is inserted—

“(4A)

Subject to section 73(3)(d) of the M16Debtors (Scotland) Act 1987, nothing in this section prevents any diligence mentioned in section 46 of that Act being done against a pension under an occupational pension scheme. ””

Pensionable service

18

In section 124(3) of the M17Pensions Act 1995 (matters to be disregarded in determining “pensionable service”), at the end insert— “ but, in its application for the purposes of section 51, paragraph (b) does not affect the operation of any rules of the scheme by virtue of which a period of service is to be rounded up or down by a period of less than a month. ”

Occupational pension schemes: rights of employee who is director of corporate trustee

19

(1)

The M18Employment Rights Act 1996 is amended as follows.

(2)

In section 46 (employee who is a trustee of a pension scheme not to be subject to detriment referable to his carrying out his functions as such a trustee), after subsection (2) insert—

“(2A)

This section applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).”

(3)

In section 58 (right to time off for pension scheme trustees), after subsection (2) insert—

“(2A)

This section applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).”

(4)

In section 102 (unfair dismissal of pension scheme trustees), after subsection (1) insert—

“(1A)

This section applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).”