Pensions Act 1995 (c. 26)
12In section 75 (employer debt where deficiency in assets on winding up etc), for subsection (1) substitute—
“(1)This section applies in relation to a pension scheme that is—
(a)an occupational defined benefits scheme,
(b)an occupational shared risk scheme, or
(c)an occupational defined contributions scheme,
unless subsection (1A) provides for the scheme to be exempt.
(1A)A scheme is exempt from this section if it is—
(a)a scheme under which all the benefits that may be provided are money purchase benefits,
(b)a scheme under which all the benefits that may be provided are collective benefits,
(c)a scheme under which all the benefits that may be provided are money purchase benefits or collective benefits, or
(d)a prescribed scheme or a scheme of a prescribed description.
(1B)Where—
(a)some of the benefits that may be provided under a scheme are collective benefits and some are not, and
(b)the scheme does not fall within paragraph (c) or (d) of subsection (1A),
the scheme is to be treated for the purposes of this Part as two separate schemes, one relating to the collective benefits and the other relating to the other benefits.”