SCHEDULES

SCHEDULE 4Pension Protection Fund

Requirements to obtain actuarial valuations

I15

1

Section 143 (Board's obligation to obtain valuation of assets and protected liabilities) is amended as follows.

2

For subsection (2) substitute—

2

The Board must, as soon as reasonably practicable—

a

determine whether the condition in subsection (2)(a) of the section in question is satisfied, or

b

for the purposes of determining whether that condition is satisfied, obtain an actuarial valuation of the scheme as at the relevant time.

2A

Before doing so, it must give a notice stating whether it will make a determination under subsection (2)(a) or obtain an actuarial valuation under subsection (2)(b) to—

a

the trustees or managers of the scheme, and

b

any insolvency practitioner in relation to the employer or, if there is no such insolvency practitioner, the employer.

3

In subsection (3) for “those purposes” substitute “ the purposes of this section ”.

4

In subsection (4) for “this section” substitute “ a determination made under subsection (2)(a) or an actuarial valuation obtained under subsection (2)(b) ”.

5

In subsection (5B) for “mentioned in subsection (2)” substitute “ of this section ”.

6

After subsection (5B) insert—

5C

The Board must issue a statement setting out how (subject to any provision made under subsection (4)) it will make determinations under subsection (2)(a).

7

In subsection (6)—

a

after “subsection (4),” insert “ for the purposes of an actuarial valuation obtained under subsection (2)(b) ”, and

b

for “paragraphs (a) and (b) of that subsection” substitute “ subsection (4)(a) and (b) ”.

8

In subsection (9)—

a

for “requires the” substitute “ requires a determination to be made, or an ”, and

b

after “purposes of” insert “ the determination or ”.

9

In subsection (10) for “requires the” substitute “ requires a determination to be made, or an ”.

10

In subsection (11)(b)(ii) after “first” insert “ makes a determination under subsection (2)(a) or ”.