Part I Air traffic

Chapter VI Miscellaneous and general

Miscellaneous

I196 Civil Aviation Authority Pension Scheme.

1

The Secretary of State may by order make provision for the allocation of assets, rights, liabilities or obligations between different sections of the Civil Aviation Authority Pension Scheme.

2

An order under this section may include provision for or in connection with—

a

securing that the Scheme continues to be approved for the purposes of the relevant enactments;

b

the amendment of the Scheme;

c

the manner in which questions arising under the order are to be determined.

3

The reference in subsection (2) to the amendment of the Scheme includes a reference to the amendment of—

a

the trust deed of the Scheme;

b

the rules of the Scheme;

c

any other instrument relating to the constitution, management or operation of the Scheme.

4

An order under this section may be made so as to have effect from a date falling before the making of the order.

5

In making an order under this section the Secretary of State must secure that each person falling within subsection (6) is overall in materially at least as good a position, as respects pension arrangements, as a result of the order.

6

A person falls within this subsection if—

a

he is or has at any time been a contributing member of the Scheme, or

b

he is or may become entitled to benefits in respect of a person falling within paragraph (a).

7

A contributing member of the Scheme is a member who makes, and whose employer makes in respect of him, contributions under the Scheme.

8

The relevant enactments are—

a

Chapter I of Part XIV of the M1Income and Corporation Taxes Act 1988 (retirement benefit schemes);

b

Part III of the M2Pension Schemes Act 1993, so far as relating to occupational pension schemes.