Occupational Pension Schemes (Contracting-out) Regulations 1996

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Information to be included in an election.E+W+S

6.—(1) An election shall include the following particulars—

(a)the name and address of the employer;

(b)the name by which the scheme to which the election relates is known;

(c)a description of the employments to which the contracting-out certificate is intended to relate and, if the certificate is not intended to be in relation to all earners in those employments, the categories or descriptions of the earners intended to be included in the certificate;

(d)the date from which it is desired that the certificate shall have effect [F1(being a date before the second abolition date)];

(e)the names and addresses of the trustees and administrator of the scheme to which the election relates; and

(f)the persons to whom notices were given under regulation 3(1) (b), (c) and (d).

(2) The employer shall also confirm in writing—

(a)that he has, in accordance with regulation 3(1), given the earners mentioned in regulation 3(1)(a) notice of the intention to make the election; and

(b)how that notice was given and its date of expiry;

(c)that the scheme is not one which is excluded from contracting-out under these Regulations;

(d)unless the scheme is one to which regulation 27 applies (modification applying to public service pension schemes), that the restrictions imposed under section 40 of the 1995 Act (restrictions on employer-related investments) apply to the scheme and the scheme complies with those restrictions;

F2(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(g)in the case of a scheme to which Part 3 of the 2004 Act (scheme funding) applies, that the requirements of sections 224, 225, 226 (if applicable) and 227 of that Act and any regulations under those provisions are complied with.]

(3) In the case of a scheme which is electing to contract out under section 9(2) of the 1993 Act M1 (salary-related contracted-out scheme) the employer shall also provide—

[F4(a) unless the scheme is a public service pension scheme to which Part 3 of the 2004 Act does not apply, or a scheme in respect of which any Minister of the Crown has given a guarantee, or made any other arrangements for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities, written confirmation or evidence that the actuary is satisfied that the resources of the scheme are sufficient to meet the requirement prescribed in regulation 18 (as it had effect immediately before the second abolition date)(requirement as to resources of the scheme); and ]

(b) a certificate signed by the actuary that the scheme satisfies the statutory standard in relation to any earner’s service after the principal appointed day in accordance with section 12A of the 1993 Act M2 .

F5(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 6(1)(d) inserted (6.4.2016) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(b), 28(4)(a)

F2 Reg. 6(2)(e)(f) omitted (6.4.2002) by virtue of The Occupational and Personal Pension Schemes (Contracting-out) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/681) , regs. 1 , 2(3)

F3 Reg. 6(2)(g) substituted (30.12.2005) by The Occupational Pension Schemes (Scheme Funding) Regulations 2005 (S.I. 2005/3377) , regs. 1 , 20(1) , Sch. 3 paras. 1(3) (with Sch. 4 para. 17 )

F4Reg. 6(3)(a) substituted (6.4.2016) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(b), 28(4)(b)

F5 Reg. 6(4) omitted (6.4.2012) by virtue of The Pensions Act 2007 (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Amendments) Regulations 2011 (S.I. 2011/1245) , regs. 1(2) , 4(4)

Modifications etc. (not altering text)

C1Pt. II modified (S.) (1.4.2015) by The National Health Service Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/145), regs. 1(2), 4 (with reg. 3)

C2Pt. II modified (S.) (1.4.2015) by The Firefightersâ€™ Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/117), regs. 1(2), 4 (with reg. 3)

C3Pt. II modified (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Consequential and Amendment) Regulations 2015 (S.I. 2015/372), regs. 1(2), 4

C4Pt. II modified (1.4.2015) by The Firefightersâ€™ Pension Scheme (England) (Consequential Provisions) Regulations 2015 (S.I. 2015/319), regs. 1(2), 4