Occupational Pension Schemes (Contracting-out) Regulations 1996

Special provision with regard to elections for the issue, variation or surrender of certificates where the employment remains contracted-out.

10.—(1) Subject to regulation 71 (elections for replacement certificates by salary-related schemes during transitional period) and to the provisions of this regulation, where in the case of an election with a view to the issue, variation or as the case may be, surrender of a contracting-out certificate the Secretary of State is satisfied, that—

(a) any earner in respect of whose employment the election relates will continue to qualify for pensions which satisfy section 9(2) of the 1993 Act, or for protected rights, as the case may be, under the scheme when the election takes effect;

(b) the accrued rights to pensions which satisfy section 9(2) of the 1993 Act or to protected rights, as the case may be, of that earner under that scheme, will be unaffected; and

(c) the employment of the earner will continue to be contracted-out employment by reference to that same scheme,

then that election shall be made in writing to the Secretary of State and may be made without compliance with regulations 2(1), 4 and 5 and paragraphs (1) and (4) to (7) of regulation 9.

(2) Where, in accordance with paragraph (1), an election is made without compliance with the said provisions, the employer must give a notice in the manner mentioned in regulation 3(3) to—

(a) the earners to whose employment the election relates; and

(b) the persons referred to in regulation 3(1)(b) to (d).

(3) Notices given under paragraph (2) shall specify—

(a) the name of the scheme;

(b) the reason for the election;

(c) the date from when the change is to have effect; and

(d) the reasons why the election is being made without compliance with regulations 2(1), 4 and 5 and paragraphs (1) and (4) to (7) of regulation 9.