The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 1992

Amendment of regulation 1(4) of the Register Regulations

32.  In regulation 1(4) of the Register Regulations (interpretation)—

(a) for the definition of “active member” there shall be substituted the following definition—

““active member” means—

(a)

in the case of a registrable scheme which is an occupational pension scheme other than one which is treated as a personal pension scheme—

(i)

a member of the scheme who is in employment in the United Kingdom by or in respect of whom contributions are payable (whether or not those contributions are being paid) other than a deferred pensioner, a pensioner or a member who is only entitled under the scheme to benefits payable on death while in that employment;

(ii)

a member of the scheme who is in employment in the United Kingdom which qualifies him for benefits under the scheme, other than a deferred pensioner, a pensioner or a member who is only entitled under the scheme to benefits payable on death while in that employment;

(b)

in the case of a registrable scheme which is, or is treated as, a personal pension scheme, any member of the scheme other than—

(i)

a member who has received a lump sum or is currently in receipt of annuity payments representing all of the benefits to which he is entitled under the scheme; or

(ii)

a member in respect of whom entitlement under the scheme is only for benefits payable on his death;”;

(b) after the definition of “closed scheme” there shall be inserted the following definition—

““deferred pensioner” means any member of an occupational pension scheme whose pensionable service terminates before normal pension age and, on the date on which it so terminates, has accrued rights to benefit under the scheme;”;

(c) the following definitions shall be inserted after the definition of “insured scheme”—

““member” means—

(a)

in relation to an occupational pension scheme, any person who—

(i)

is in pensionable service under the scheme;

(ii)

has rights under the scheme by virtue of such pensionable service; or

(iii)

has rights under the scheme by virtue of having been allowed transfer credits under the scheme;

(b)

in relation to a personal pension scheme or a scheme treated as such, a member of the scheme;

“number of active members” means—

(a)

in the case of a scheme which has been a registrable scheme for not less than one scheme year, the number of active members at the end of the scheme year immediately preceding the start of a period in respect of which the trustees of the scheme are responsible for providing information to the registrar in accordance with regulation 4(1);

(b)

in any other case, the number of active members at the date at which the scheme became a registrable scheme.”;

(d) in the definition of “registrable scheme”—

(i) in paragraph (c)(i), the word “active” shall be omitted;

(ii) at the end there shall be added the words “and for the purposes of these Regulations, an occupational pension scheme which is a retirement benefits scheme approved under section 591(2)(h) of the Income and Corporation Taxes Act 1988(1) shall be treated as a personal pension scheme”;

(e) after the definition of “scheme administrator” there shall be added the following definition—

““scheme year” in relation to a registrable scheme means—

(a)

a year specified for the purposes of the scheme in any document comprising the scheme or, if none, a period of 12 months commencing on 1st April or on such other date as the trustees select; or

(b)

such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees—

(i)

in respect of the scheme year in which the scheme commences or terminates, or

(ii)

in connection with a variation of the date on which the scheme year is to commence;”.

(1)

1988 c. 1.