Amendment of regulation 3 of the Preservation of Benefit Regulations34
In regulation 3 of the Preservation of Benefit Regulations (meaning of “member” and “prospective member”) for paragraphs (2) and (3) there shall be substituted the following paragraphs—
2
There are to be regarded as members of an occupational pension scheme any persons who—
a
are in pensionable service under the scheme;
b
have rights under the scheme by virtue of such pensionable service; or
c
have rights under the scheme by virtue of having been allowed transfer credits under the scheme.
3
There are to be regarded as prospective members of an occupational pension scheme—
a
any persons who are able, at their own option, to become members of the scheme, and
b
any persons who under the terms of their contracts of service and the scheme rules will become so able, if they continue in the same employment for a sufficiently long period.