The Coal Industry (Protected Persons) Pensions Regulations 1994

Amendment of a relevant scheme

13.—(1) Except in the circumstances specified in paragraph (2), no amendment shall be made to a relevant scheme which results in the reduction of benefits under the scheme to which a protected person is or may become entitled or the increase of contributions to the scheme to be made by a protected employee.

(2) The circumstances mentioned in paragraph (1) are where the amendment affects that part of the future pension rights which is prospective and is payable to or in respect of a protected employee or affects contributions payable by a protected employee and where—

(a) the scheme is a New Scheme established under and in accordance with the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994, the amendment is approved by a resolution passed by a majority of not less than two-thirds of such of those protected employees who are then existing contributors to the scheme who would be affected by the amendment as shall vote on the matter either personally or by proxy at an extraordinary meeting of which due notice shall have been given specifying the intention to propose such amendment;

(b) the scheme is a New Scheme established under and in accordance with the Industry-Wide Mineworkers' Pension Scheme Regulations 1994, the amendment is approved by a resolution passed by the votes of a majority of the members for the time being of the committee of management established or appointed in accordance with that scheme.

(3) References in paragraph (2) above to a New Scheme established under and in accordance with the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994 or the Industry-Wide Mineworkers' Pension Scheme Regulations 1994 shall include references to an alternative scheme which replaces that scheme or any other alternative scheme pursuant to regulation 8 or 9.