The Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001

1Citation and commencement

2Interpretation

4Amendment of the Scheme

SCHEDULE 1The New Provisions

1.GOVERNING PROVISIONS

1.1With effect from the Effective Date, the Trustees shall hold...

1.2The benefits, rights and options of Members who were in...

1.3Subject to the allocation of individuals to the CAA Section...

2.INTERPRETATION

2.1In this Trust Deed and the Rules, the expressions this...

2.2The provisions of any Appendices (and any Schedules to such...

2.3Notwithstanding the provisions of Clause 1 of the Previous Definitive...

2.4For the avoidance of doubt it is stated that the...

2.5 In this Trust Deed and Rules: (a) unless the context...

3.THE CAA AND NATS SECTIONS

3.1With effect from the Effective Date, the CAA Section and...

3.2Those individuals who, on the day immediately before the Effective...

3.3All other Members together with all other individuals having an...

4.THE FUND AND ALLOCATION OF SECTION ASSETS

4.1The Trustees shall hold and manage the Fund under irrevocable...

4.2The assets and liabilities of the Scheme as at the...

4.3The Section Assets in respect of each Section shall be...

4.4The Trustees shall maintain records at all times which are...

5.APPOINTMENT, RESIGNATION AND REMOVAL OF TRUSTEES

5.1Subject as hereinafter provided the power of appointing new trustees...

5.2(a) The provisions of this Clause 5 shall be subject...

5.3Where proposed alternative arrangements have been implemented in accordance with...

5.4The Principal Employer covenants with the Trustees to exercise the...

5.5The Principal Employer shall not unreasonably withhold the appointment as...

5.6Subject to the following provisions of this Clause 5, each...

5.7The Trustees or any of them may resign their appointment...

5.8The Principal Employer may by resolution remove any Employers' Trustee...

5.9If a Trustee fails over a period of six months...

5.10The Trustee may request the Principal Employer to remove any...

5.11A copy of a resolution of the Principal Employer certified...

5.12The above provisions of this Clause shall be without prejudice...

6.PROCEEDINGS OF THE TRUSTEES

6.1The Principal Employer shall from time to time nominate one...

6.2The Chairman or any two Trustees together may by written...

6.3Notices of meetings of the Trustees stating the general nature...

6.4Subject always to Clause 8.2 the Trustees may meet together...

6.5All business brought before a meeting of the Trustees shall,...

6.6The quorum for the transaction of business at any meeting...

6.7A resolution in writing circulated to all the Trustees for...

6.8The Trustees shall cause proper minutes to be kept of...

7.POOLED FUNDS AND SECTION STRATEGIC ASSET ALLOCATION COMMITTEES

7.1Without prejudice to the Trustees' powers under Clause 15, the...

7.2The Trustees shall establish and maintain an Investment Policy Committee...

7.3The Trustees shall establish and maintain for each Section of...

7.4Each Section Strategic Asset Allocation Committee shall be composed of...

7.5Without prejudice to their powers under Clause 8.6, the Trustees...

7.6Each Section Strategic Asset Allocation Committee shall from time to...

7.7Each Section Strategic Asset Allocation Committee shall meet together for...

7.8The Trustees may request information or documents from any Section...

8.TRUSTEES' DUTIES AND GENERAL POWERS

8.1The Trustees shall be the Administrator of the Scheme for...

8.2The Trustees shall meet for the despatch of business relevant...

8.3The Trustees shall have all powers rights and privileges in...

8.4(a) The Trustees shall have power from time to time...

8.5The Trustees shall have power to authorise such persons and...

8.6The Trustees shall have power to obtain the advice or...

8.7The Trustees shall, have power to make arrangements for the...

8.8The Trustees shall have power (whether as Trustees or Administrator)...

8.9The Trustees shall secure that such arrangements as are required...

8.10Subject always to Clause 8.9 above, the Trustees shall have...

8.11The Trustees shall have power to insure any or all...

8.12The Trustee shall have power from time to time whenever...

9.SCHEME SECRETARY

9.1The Trustees shall appoint a secretary to the Scheme, such...

10.AUDITOR AND ACCOUNTS

10.1The Trustees shall appoint as auditor to the Scheme an...

10.2The Trustees may remove and replace such auditor as they...

10.3The Trustees shall keep such accounts, entries, registers and records...

10.4The Trustees shall arrange for the production of an annual...

10.5A copy of such annual report or the relevant schedules...

10.6The Trustees shall, in addition, comply with the Disclosure Regulations...

10.7The Trustees shall provide such information to the Pensions Ombudsman,...

11.APPOINTMENT OF ACTUARY

11.1The Trustees shall, without prejudice to the generality of Clause...

11.2The Trustees may remove and replace such Actuary as they...

12.ACTUARIAL VALUATION

12.1The Trustees shall instruct the Actuary to investigate the financial...

12.2The Trustees shall also require the Actuary to submit certificates...

12.3The Trustees shall make any such valuation report and certificate...

12.4The Actuary shall in making a report upon the financial...

13.1All costs, charges and expenses (including for the avoidance of...

13.2All other costs, charges and expenses shall be allocated between...

14.APPOINTMENT AND DUTIES OF FUND MANAGERS AND CUSTODIANS

14.1Where the Fund consists of or includes investments (within the...

14.2A fund manager appointed under Clause 14.1 shall be empowered...

14.3Each fund manager so appointed shall exercise the powers referred...

14.4The Trustees shall, without prejudice to the generality of Clause...

15.POWERS OF INVESTMENT AND OTHER TRANSACTIONS

15.1The Trustees shall have the following powers in respect of...

15.2The Trustees shall have the power to sell convert vary...

15.3The Trustees shall hold all the investments, monies and other...

15.4The Trustees shall exercise their powers under this Clause 15...

15.5The Trustees shall secure that there is prepared, maintained and...

15.6Notwithstanding anything contained herein to the contrary the Trustees shall...

15.7Power to Borrow

16.TRUSTEES' ENTITLEMENTS

16.1Any Trustee not being an Employee shall be entitled to...

16.2Any Trustee who is a Member shall be entitled to...

17.POWER OF AMENDMENT

17.1Where a proposed amendment relates solely to the provisions of...

17.2Subject to Clause 17.3, the Principal Employer may with the...

17.3In proposing an amendment under Clause 17.2, the Principal Employer...

17.4Without prejudice to the powers of the Principal Employer under...

17.5As soon as practicable after agreeing or deciding to amend...

18.LIABILITY OF TRUSTEES

18.1No Trustee shall be liable for any actions claims or...

18.2Trustee indemnity

18.3Where any action, claim or demand arises in connection with...

18.4To the extent that they are not indemnified by the...

18.5The Trustees shall not be liable in respect of any...

18.6The Trustees shall be liable only for such monies and...

18.7Trustee insurance

19.ESTABLISHING NEW SECTIONS

19.1An Employer currently participating in a Section or a Subsidiary...

19.2If the applicant is permitted under Clause 19.1 above to...

20.CHANGE OF PRINCIPAL EMPLOYER

20.1If legislation is passed for the reconstruction or reconstitution of...

20.2If the Principal Employer gives notice in writing to the...

20.3If it appears to the Principal Employer that the Trustees...

21.INSOLVENCY: POWERS OF INDEPENDENT TRUSTEES

21In the circumstances when an insolvency practitioner or the official...

APPENDIX 1—DEFINITIONS

APPENDIX 2—RULES OF THE CAA SECTION

PART 1:ADMINISTRATIVE PROVISIONS

1.APPOINTMENT OF TRUSTEES

1.1The provisions relating to the appointment, removal and resignation of...

2.GENERAL POWERS OF THE TRUSTEES

2.1The provisions relating to the general powers of the Trustees...

3.PROCEEDINGS OF THE TRUSTEES

3.1The provisions relating to the proceedings of the Trustees are...

4.LIABILITY OF THE TRUSTEES

4.1The Provisions relating to the liability of the Trustees are...

5.1The provisions relating to disputes about matters related to the...

6.POWER TO INSURE SECTION ASSETS

6.1The provisions relating to the powers of the Trustees to...

7.SECTION ACCOUNTS

7.1The provisions relating to Section accounts are set out in...

8.TRUSTEE REPORTS

8.1The provisions relating to the preparation of trustees reports and...

9.INTERIM SECTION ASSESSMENTS

9.1If the Sponsoring Section Employer so requests, the Trustees may...

9.2The Trustees shall make any such Interim Section Assessment available...

9.3The costs associated with the preparation of such Interim Section...

10.TREATMENT OF DEFICIENCY AND SURPLUS

10.1If any actuarial investigation under Clause 12 reveals the existence...

10.2(a) Subject as provided in paragraph (c) below, if any...

10.3The disposal surplus or any balance which remains after carrying...

10.4The Trustees shall also operate this Rule 10 if required...

11.SCHEDULE OF CONTRIBUTIONS AND PAYMENT OF EXPENSES

11.1The Actuary shall certify the sum or sums (inclusive of...

11.2The Trustees shall maintain a schedule of contributions in accordance...

11.3Each Employer shall pay the amounts required under Rule 11.1...

11.4Each Employer may also, subject to the consent of the...

11.5The Trustees shall pay all costs charges and expenses incurred...

12.AUGMENTATION

12.1If the Sponsoring Section Employer, or any other Employer with...

13.INVESTMENT OF SECTION ASSETS

13.1The Section Strategic Asset Allocation Committee (appointed in accordance with...

14.POWER TO BORROW

14.1The provisions relating to the Trustees' powers to borrow monies...

15.SECTION AMENDMENTS

15.1This Rule applies where a proposed amendment relates solely to...

15.2The Sponsoring Section Employer with the consent of the Trustees...

15.3The Trustees shall have the right subject, where required in...

15.4Without prejudice to the powers of the Sponsoring Section Employer...

15.5As soon as practicable after agreeing or deciding to amend...

16.ADMISSION AND REMOVAL OF OTHER EMPLOYERS

16.1The Sponsoring Section Employer shall have power with the consent...

16.2The Sponsoring Section Employer shall have power with the consent...

17.CHANGE OF SPONSORING SECTION EMPLOYER

17.1(a) If legislation is passed for the reconstruction or reconstitution...

17.2If it appears to the Sponsoring Section Employer that the...

17.3If the Sponsoring Section Employer ceases to contribute to the...

18.EVENTS LEADING TO WINDING-UP OF THE CAA SECTION

18.1Triggering events

18.2Deferment of winding-up

19.WINDING-UP OF THE CAA SECTION

19.1Cessation of death benefits and of further accrual

19.2Giving effect to winding-up

Return to Employers

Transfer of remainder of Section Assets

19.3Transfer of remainder of Section Assets

Section A—Pensions Act 1995 Priorities

Section B—Other Priorities

19.4Purchase of additional benefits

19.5Methods of securing benefits

20.PARTIAL WINDING-UP OF THE CAA SECTION

20.1Employer ceasing to participate

20.2Partial winding-up of the CAA Section

PART 2:BENEFITS AND THE ADMINISTRATION OF BENEFITS

21.JOINING THE CAA SECTION

21.1With effect on and from the Effective Date and subject...

21.2Persons who become eligible to join the CAA Section on...

21.3Discretionary entry

21.4Restrictions on Membership

21.5Notwithstanding Rules 21.1 to 21.4 above, for as long as...

21.6Following the admission of a Controlling Director to membership of...

22.FURNISHING OF PARTICULARS AND EVIDENCE

22.1(a) A Member shall furnish evidence of health at such...

22.2A Member and any other person (or the parent or...

22.3Payment of any benefit under the CAA Section to any...

22.4Any notice required to be given under the CAA Section...

23.CONTRIBUTIONS TO THE CAA SECTION

23.1Member’s ordinary contributions

23.2Employer’s contributions

23.3Members' voluntary contributions

23.4Limit on Members' contributions

23.5Cessation of Members' contributions

23.6Return of surplus voluntary contributions

23.7Suspending or reducing contributions

23.8Members' Contribution Options

24.AMOUNT OF MEMBERS' PENSIONS AT NORMAL PENSION DATE

24.1Current Members

24.2Members who have ceased to be Current Members

24.3Increases in deferred pensions

25AMOUNT OF DEATH BENEFITS

25.3The Trustees shall have power at their absolute discretion to...

25.4For the purposes of this Rule Relevant Pension means:

26.DEATH BEFORE PAYMENT OF RETIREMENT BENEFIT

26.2If a Member who has ceased to be a Current...

26.3If a Member who has paid voluntary contributions to the...

26.4Spouse’s pension

26.5Children’s pensions

26.6If a Member of the CAA Section dies before any...

26.7Any pension payable under Rules 26.5 or 26.6 above shall...

26.8Notwithstanding the previous provisions of this Rule, the Trustees may...

26.9Dependants' pensions

27.COMMENCEMENT OF MEMBER'S PENSION

27.1At Normal Pension Date

27.2Before Normal Pension Date

Payment of pensions under Rule 27.2

After Normal Pension Date

27.3Service after Normal Pension Date

Postponement of deferred pensions

28.DEATH AFTER PENSION STARTS

28.2If a Member of the CAA Section who opted under...

28.3Spouse’s pension

28.4Children’s pension

28.5If a Member of the CAA Section dies after a...

28.6Any pension payable under Rules 28.4 or 28.5 shall be...

28.7Notwithstanding the previous provisions of this Rule the Trustees may...

28.8Dependants' pensions

29.CASH SUM IN LIEU OF PENSION

29.1Commutation of trivial pensions

29.2Tax free cash sum

29.3Serious ill-health

29.5A cash sum payable in respect of any person under...

30.OPTIONAL SPOUSE'S OR DEPENDANT'S PENSION

30.1Subject to the following provisions of this Rule, a Member...

30.2Exercise of this option shall be by notice given in...

30.3Except as above mentioned, the exercise of the option may...

30.4The amount of pension surrendered by a Member under this...

30.5The pension described in Rule 30.1 above shall, unless the...

30.6The option described in Rule 30.1 above may be exercised...

31.CEASING TO BE ELIGIBLE AND VOLUNTARY WITHDRAWAL

31.1Ceasing to be eligible

31.2Voluntary withdrawal

32.MEMBERS WHO CEASE TO BE IN SERVICE

32.1Refund of contributions

32.2Deferred pension

32.3Any pension to which a Member of the CAA Section...

32.4Option for buy-out or transfer

32.5Restriction on option

32.6Separate periods of Pensionable Service

33.PROVISION OF BENEFITS UNDER APPROVED POLICIES

33.1Subject as hereinafter provided, upon receipt, before any benefits become...

33.2In their application of this Rule 33 the Trustees shall...

33.3The Trustees may at their discretion make arrangements as described...

33.4Prior to the completion of arrangements made in accordance with...

34.TRANSFERS FROM THE CAA SECTION

34.1Subject to Rule 34.2 and to any undertaking given to...

34.2Any payment made under this Rule shall be subject to...

34.3At the written request of a Member to whom Rule...

34.4Upon a payment being made under this Rule the Member...

35.TRANSFERS TO THE CAA SECTION

35.1Subject to Rule 35.2 below and to any undertaking given...

35.2Before accepting any payment or transfer to the CAA Section...

35.3Upon such acceptance as aforesaid the Trustees shall, subject to...

35.4Such part, but only such part, of the assets so...

35.5The Trustees shall not assume liability in respect of a...

35.6In the event of the Member leaving Service in the...

36.TEMPORARY ABSENCE FROM WORK

36.1If a Current Member of the CAA Section is temporarily...

36.2Rule 36.1 shall not apply in respect of any period...

36.3Continuation or suspension of contributions

36.4A person who is deemed to remain a Current Member...

Maternity leave

36.5Paid Maternity Absence

Maternity leave after Paid Maternity Absence

36.6Concurrent membership of sick pay scheme

36.7Continuation of death benefits

36.8Adjustment of remuneration

36.9If at the expiry of the appropriate period specified in...

37.APPLICATION OF DEATH BENEFITS

37.1In respect of any benefit which is expressed to be...

37.2If at the end of the period of two years...

37.3In the case of a Member of the CAA Section...

37.4In this Rule 37: Dependents means in respect of a...

37.5Before making any payment in accordance with this Rule 37...

38.PAYMENT OF PENSIONS

38.1Payment of pensions

38.2Subject always to Rule 39, the amount of each instalment...

38.3A pension payable from the CAA Section to or in...

38.4A pension payable from the CAA Section to or in...

38.5Change in manner of payment and variable pension option

38.6Method of payment of benefits

39.INCREASES IN PENSIONS IN PAYMENT

39Pensions in course of payment from the CAA Section shall...

40.MEMBER'S CATEGORY OPTION

40.1All Members of the CAA Section shall be Class B...

40.2A Class B Member who wishes to be treated for...

41.NON-ASSIGNABILITY, FORFEITURE AND UNCLAIMED BENEFITS

41.1No benefit provided from the CAA Section is capable of...

41.2Any person who: (a) purports or attempts to assign, charge...

41.3Where a benefit payable under the CAA Section to any...

41.4Unclaimed benefits

42.PAYMENTS TO MINORS AND PERSONS UNDER A DISABILITY

42Notwithstanding anything contained to the contrary in the Trust Deed...

43Without prejudice to any express provision contained in the Trust...

44.CESSATION OF EMPLOYERS' CONTRIBUTIONS

44Any Employer may at any time without the agreement of...

45.PART-TIME SERVICE

45Notwithstanding any other provision of the CAA Section, the amount...

46If a Member is discharged from Service in the CAA...

47.CONDITIONS APPLICABLE TO TEST PILOTS

47Subject always to Appendices 4 and 5, the following modifications...

48.ADJUSTMENT FOR FAMILY BENEFIT CONTRIBUTIONS

48.1The amount of any lump sum death benefit payable from...

48.2(a) Upon the cessation of Service of a Member to...

49.OVERPAYMENT OF BENEFITS

49In the event of any overpayment of benefits under the...

SCHEDULE 1 TO APPENDIX 2S Category Members

S1Applicability of Schedule

S2Interpretation of Schedule

S3Option to cease S category membership

S4Member’s contributions

S5Amount of members' pensions at normal pension date

S6Amount of death benefits

S7Death before payment of retirement benefit

S8Commencement of member’s pension

S9Death after commencement of pension

S10Cash sum in lieu of pension

S11Application of death benefits

S12Payment of Spouse’s Pension and Variable Pension Option

S13Increases in pensions in payment

S14Repayments to members

SCHEDULE 2 TO APPENDIX 2PENSION SHARING ON DIVORCE

1Application of schedule

3.1Options of ex-spouse participant in respect of pension credit

3.3Trivial Pension Serious Ill-health and Dependant’s Pension Option

3.4Normal Commutation

3.5Death before Pension starts

3.6Death After Pension Starts

3.7Transfer Out (Ex-Spouse Participant)

4Ex-Spouse participant also member of the CAA section

5.1Effect on Inland Revenue Limits

Maximum Pension

Maximum Lump Sum

Maximum Dependants Pension

Member also an Ex-Spouse Participant

6Reduction in Members' benefits

8Transfer Out (Member)

9Non-Assignment/Forfeiture

10Restriction of Contracted Out Benefits

APPENDIX 3—RULES OF THE NATS SECTION

PART 1:ADMINISTRATIVE PROVISIONS

1.APPOINTMENT OF TRUSTEES

1The provisions relating to the appointment, removal and resignation of...

2.GENERAL POWERS OF THE TRUSTEES

2The provisions relating to the general powers of the Trustees...

3.PROCEEDINGS OF THE TRUSTEES

3The provisions relating to the proceedings of the Trustees are...

4.LIABILITY OF THE TRUSTEES

4The provisions relating to the liability of the Trustees are...

5The provisions relating to disputes about matters related to the...

6.POWER TO INSURE SECTION ASSETS

6The provisions relating to the powers of the Trustees to...

7.SECTION ACCOUNTS

7The provisions relating to Section accounts are set out in...

8.TRUSTEE REPORTS

8The provisions relating to the preparation of trustees reports and...

9.INTERIM SECTION ASSESSMENTS

9.1If the Sponsoring Section Employer so requests, the Trustees may...

9.2The Trustees shall make any such Interim Section Assessment available...

9.3The costs associated with the preparation of such Interim Section...

10.TREATMENT OF DEFICIENCY AND SURPLUS

10.1If any actuarial investigation under Clause 12 reveals the existence...

10.2(a) Subject as provided in paragraph (c) below, if any...

10.3The disposable surplus or any balance which remains after carrying...

10.4The Trustees shall also operate this Rule 10 if required...

11.SCHEDULE OF CONTRIBUTIONS AND PAYMENT OF EXPENSES

11.1The Actuary shall certify the sum or sums (inclusive of...

11.2The Trustees shall maintain a schedule of contributions in accordance...

11.3Each Employer shall pay the amounts required under Rule 11.1...

11.4Each Employer may also, subject to the consent of the...

11.5The Trustees shall pay all costs charges and expenses incurred...

12.AUGMENTATION

12If the Sponsoring Section Employer, or any other Employer with...

13.INVESTMENT OF SECTION ASSETS

13The Section Strategic Asset Allocation Committee (appointed in accordance with...

14.POWER TO BORROW

14The provisions relating to the Trustees' powers to borrow monies...

15.SECTION AMENDMENTS

15.1This Rule applies where a proposed amendment relates solely to...

15.2The Sponsoring Section Employer with the consent of the Trustees...

15.3The Trustees shall have the right subject, where required in...

15.4As soon as practicable after agreeing or deciding to amend...

16.ADMISSION AND REMOVAL OF OTHER EMPLOYERS

16.1The Sponsoring Section Employer shall have power with the consent...

16.2The Sponsoring Section Employer shall have power with the consent...

17.CHANGE OF SPONSORING SECTION EMPLOYER

17.1(a) If legislation is passed for the reconstruction or reconstitution...

17.2If it appears to the Sponsoring Section Employer that the...

17.3If the Sponsoring Section Employer ceases to contribute to the...

18.EVENTS LEADING TO WINDING-UP OF THE NATS SECTION

18.1Triggering events

18.2Deferment of winding-up

19.WINDING-UP OF THE NATS SECTION

19.1Cessation of death benefits and of further accrual

19.2Giving effect to winding-up

Return to Employers

Transfer of remainder of Section Assets

19.3ORDER OF PRIORITY

Section A—Pensions Act 1995 Priorities

Section B—Other Priorities

19Purchase of additional benefits

19.5Methods of securing benefits

20.PARTIAL WINDING-UP OF THE NATS SECTION

20.1Employer ceasing to participate

20.2Partial winding-up of the NATS Section

PART 2:BENEFITS AND THE ADMINISTRATION OF BENEFITS

21.JOINING THE NATS SECTION

21.1With effect on and from the Effective Date and subject...

21.2Persons who become eligible to join the NATS Section on...

21.3In special circumstances, a person who has not otherwise become...

21.4A person shall not be eligible to join the NATS...

21.5Notwithstanding Rules 21.1 to 21.4 above, for as long as...

21.6Following the admission of a Controlling Director to membership of...

22.FURNISHING OF PARTICULARS AND EVIDENCE

22.1(a) A Member shall furnish evidence of health at such...

22.2A Member and any other person (or the parent or...

22.3Payment of any benefit under the NATS Section to any...

22.4Any notice required to be given under the NATS Section...

23.CONTRIBUTIONS TO THE NATS SECTION

23.1Member’s ordinary contributions

23.2Employer’s contributions

23Members' voluntary contributions

23.4Limit on Member’s contributions

23.5Cessation of Member’s contributions

23.6Return of surplus voluntary contributions

23.7Suspending or reducing contributions

23.8Members' Contribution Options

24.AMOUNT OF MEMBERS' PENSIONS AT NORMAL PENSION DATE

24.1Current Members

24.2Members who have ceased to be Current Members

24.3Increases in deferred pensions

25.AMOUNT OF DEATH BENEFITS

25.3The Trustees shall have power at their absolute discretion to...

25.4For the purposes of this Rule Relevant Pension means:

26.DEATH BEFORE PAYMENT OF RETIREMENT BENEFIT

26.2If a Member who has ceased to be a Current...

26.3If a Member who has paid voluntary contributions to the...

26.4Spouse’s pension

26.5Children’s pensions

26.6If a Member of the NATS Section dies before any...

26.7Any pension payable under Rules 26.5 or 26.6 above shall...

26.8Notwithstanding the previous provisions of this Rule, the Trustees may...

26.9Dependants' pensions

27.COMMENCEMENT OF MEMBER'S PENSION

27.1At Normal Pension Date

27.2Before Normal Pension Date

Payment of pensions under Rule 27.2

After Normal Pension Date

27.3Service after Normal Pension Date

Postponement of deferred pensions

28.DEATH AFTER PENSION STARTS

28.2If a Member of the NATS Section who opted under...

28.3Spouse’s pension

28.4Children’s pension

28.5If a Member of the NATS Section dies after a...

28.6Any pension payable under Rules 28.4 or 28.5 shall be...

28.7Notwithstanding the previous provisions of this Rule the Trustees may...

28.8Dependants' Pension

29.CASH SUM IN LIEU OF PENSION

29.1Commutation of trivial pensions

29.2Tax free cash sum

29.3Serious ill-health

29.5A cash sum payable in respect of any person under...

30.OPTIONAL SPOUSE'S OR DEPENDANT'S PENSION

30.1Subject to the following provisions of this Rule, a Member...

30.2Exercise of this option shall be by notice given in...

30.3Except as above mentioned, the exercise of the option may...

30.4The amount of pension surrendered by a Member under this...

30.5The pension described in Rule 30.1 above shall, unless the...

30.6The option described in Rule 30.1 above may be exercised...

31.CEASING TO BE ELIGIBLE AND VOLUNTARY WITHDRAWAL

31.1Ceasing to be eligible

31.2Voluntary withdrawal

32.MEMBERS WHO CEASE TO BE IN SERVICE

32.1Refund of contributions

32.2Deferred pension

32.3Any pension to which a Member of the NATS Section...

32.4Option for buy-out or transfer

32.5Restriction on option

32.6Separate periods of Pensionable Service

33.PROVISION OF BENEFITS UNDER APPROVED POLICIES

33.1Subject as hereinafter provided, upon receipt, before any benefits become...

33.2In their application of this Rule 33 the Trustees shall...

33.3The Trustees may at their discretion make arrangements as described...

33.4Prior to the completion of arrangements made in accordance with...

34.TRANSFERS FROM THE NATS SECTION

34.1Subject to Rule 34.2 and to any undertaking given to...

34.2Any payment made under this Rule shall be subject to...

34.3At the written request of a Member to whom Rule...

34.4Upon a payment being made under this Rule the Member...

35.TRANSFERS TO THE NATS SECTION

35.1Subject to Rule 35.2 below and to any undertaking given...

35.2Before accepting any payment or transfer to the NATS Section...

35.3Upon such acceptance as aforesaid the Trustees shall, subject to...

35.4Such part, but only such part, of the assets so...

35.5The Trustees shall not assume liability in respect of a...

35.6In the event of the Member leaving Service in the...

36.TEMPORARY ABSENCE FROM WORK

36.1If a Current Member of the NATS Section is temporarily...

36.2Rule 36.1 shall not apply in respect of any period...

36.3Continuation or suspension of contributions

36.4A person who is deemed to remain a Current Member...

Maternity leave

36.5Paid Maternity Absence

Maternity leave after Paid Maternity Absence

36.6Concurrent membership of sick pay scheme

36.7Continuation of death benefits

36.8Adjustment of remuneration

36.9If at the expiry of the appropriate period specified in...

37.APPLICATION OF DEATH BENEFITS

37.1In respect of any benefit which is expressed to be...

37.2If at the end of the period of two years...

37.3In the case of a Member of the NATS Section...

37.4In this Rule 37: Dependants means in respect of a...

37.5Before making any payment in accordance with this Rule 37...

38.PAYMENT OF PENSIONS

38.1Payment of pensions

38.2Subject always to Rule 39 the amount of each instalment...

38.3A pension payable from the NATS Section to or in...

38.4A pension payable from the NATS Section to or in...

38.5Change in manner of payment and variable pension option

38.6Method of payment of benefits

39.INCREASES IN PENSIONS IN PAYMENT

39.1Pensions in course of payment from the NATS Section shall...

40.MEMBER'S CATEGORY OPTION

40.1All Members of the NATS Section shall be Class B...

40.2A Class B Member who wishes to be treated for...

41NON-ASSIGNABILITY, FORFEITURE AND UNCLAIMED BENEFITS

41.1No benefit provided from the NATS Section is capable of...

41.2Any person who: (a) purports or attempts to assign, charge...

41.3Where a benefit payable under the NATS Section to any...

41Unclaimed benefits

42.PAYMENTS TO MINORS AND PERSONS UNDER A DISABILITY

42Notwithstanding anything contained to the contrary in the Trust Deed...

43Without prejudice to any express provision contained in the Trust...

44.CESSATION OF EMPLOYERS' CONTRIBUTIONS

45.PART-TIME SERVICE

45Notwithstanding any other provision of the NATS Section, the amount...

46If a Member is discharged from Service in the NATS...

47.ADJUSTMENT FOR FAMILY BENEFIT CONTRIBUTIONS

47.1The amount of any lump sum death benefit payable from...

47.2(a) Upon the cessation of Service of a Member to...

48.OVERPAYMENT OF BENEFITS

48In the event of any overpayment of benefits under the...

SCHEDULE 1 TO APPENDIX 3PENSION SHARING ON DIVORCE

1Application of Schedule

3.1Options of Ex-Spouse Participant in respect of Pension Credit

3.3Trivial Pension Serious Ill-health and Dependant’s Pension Option

3.4Normal Commutation

3.5Death before Pension starts

3.6Death After Pension Starts

3.7Transfer Out (Ex-Spouse Participant)

4Ex-Spouse Participant also Member of the NATS Section

5.1Effect of Inland Revenue Limits

Maximum Pension

Maximum Lump Sum

Maximum Dependants Pension

Member also an Ex-Spouse Participant

6Reduction in Members Benefits

8Transfer Out (Member)

9Non-Assignment/Forfeiture

10Restriction of Contracted Out Benefits

APPENDIX 4INLAND REVENUE LIMITS

1Overriding rule

2.1Section A (Applicable to Class A Members)

2.2Any pension (before the exercise of any options available under...

2.3Notwithstanding paragraph 2.1 above, the pension which can be calculated...

3.1Any lump sum retirement benefit payable to a Member from...

3.2Any lump sum retirement benefit payable to a Member from...

3.3Notwithstanding paragraph 3.1 above, the lump sum retirement benefit which...

4In the case of a Member who is or who...

5Any lump sum benefit (exclusive of any refund of the...

6Any pension payable to any person from any Section on...

7If a pension as described in paragraph 6 above is...

8Any increase in a pension from the relevant Section after...

9In this Section A of Appendix 4: Final Remuneration means...

10.1Section B (Applicable to Class B Members)

10.2Notwithstanding paragraph 10.1 above, the pension which can be calculated...

11.1Any lump sum retirement benefit payable to a Member from...

11.2Notwithstanding paragraph 11.1 above, the lump sum retirement benefit which...

12In the case of a Member who is or who...

13If a pension and/or lump sum retirement benefit becomes payable...

14If a pension becomes payable after Normal Pension Date to...

15Any pension payable to any person from the relevant Section...

16If a pension as described in paragraph 15 above is...

17Any increase in a pension from the relevant Section after...

18Any lump sum benefit (exclusive of any refund of the...

19In this Section B of this Appendix 4: Final Remuneration...

APPENDIX 5CONTRACTING-OUT

1.1Section A: Reference Scheme Test

1.2The words and expressions used in this Section of this...

1.3In relation to any period of contracting-out employment on or...

1.4In complying with paragraph 1.3 above, the Trustees must ensure,...

2.1Section B: Guaranteed Minimum Pensions

2.2The words and expressions used in this Section of this...

2.3(a) If a Member has a guaranteed minimum in relation...

2.4Any period or part of a period of a Member’s...

2.5If a Member ceases to be in a contracted-out employment...

2.6Except as provided in sections 87 to 92 and 110...

2.7(a) Payment of a Guaranteed Minimum Pension may be suspended...

2.8The Guaranteed Minimum Pension and Spouse’s Guaranteed Minimum Pension in...

APPENDIX 6METHOD FOR ALLOCATING THE ASSETS AND LIABILITIES OF THE SCHEME TO THE CAA SECTION AND THE NATS SECTION

1.1The calculations required to place an actuarial value on the...

1.2Words and expressions in this Appendix (and the Schedule to...

2The General Method of Calculation

2.1The notional share of the assets of the Scheme attributable...

2.2No calculation of liabilities in respect of HIAL Members at...

2.3The assets of the Scheme which are attributable to additional...

2.4The liabilities of the Scheme for and in respect of...

2.5All of the calculation results will be rounded to an...

2.6The membership of the Scheme (excluding HIAL Members) on the...

2.7Under Clause 3.1 of this Deed, separate CAA and NATS...

3Methods and Assumptions

3.1The actuarial liabilities in respect of CAA Active Members and...

3.2The actuarial liabilities in respect of Deferred Pensioners and Current...

3.3Financial assumptions Return on investments Derived from yields on the...

3.4Demographic assumptions Mortality before retirement Men and women: Standard table...

3.5Procedural assumptions Commutation None. Age Age taken as age nearest...

3.6The value of assets of the Scheme will be the...

3.7No explicit allowance will be made for administration or investment...

3.8The actuarial liabilities in respect of Members attributed to each...

3.9The balance of the assets of the Scheme remaining after...

3.10The calculations in paragraphs 3.8 and 3.9 of this Appendix...

3.11As it will be impracticable to carry out a full...

SCHEDULE TO APPENDIX 6

1The derivation of the price inflation assumption is as follows:...

2However, the above formula takes no account of a minimum...

3Sample demographic rates (except for published tables) and a sample...

4Enhanced early retirement terms are available to ATCOs as set...

SCHEDULE 2Deeds amending the trust deed of the Scheme

1The supplemental deed dated 16th December 1999 and made between...

2The supplemental deed dated 1st December 2000 and made between...

3The supplemental deed dated 21st December 2000 and made between...

2001 No. 853

CIVIL AVIATION

The Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001

Made5th March 2001

Laid before Parliament9th March 2001

Coming into force31st March 2001

Whereas the Secretary of State for the Environment, Transport and the Regions has consulted the trustees of the Civil Aviation Authority Pension Scheme as required by section 103(12) of the Transport Act 20001;

Now, therefore, in exercise of the powers conferred by section 96(1) and (2) and 103(2) of that Act he hereby makes the following Order: