PART 3QUALIFYING PENSION SCHEMES

F1Employer-related condition: multi-employer schemes12B

1

In relation to a section of a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(iv) is that—

a

the debt due under section 144 of the 1993 Act was discharged by all the employers in that section of the scheme; or

b

no debt was due under that section of that Act when the scheme began to wind up.

2

In relation to a multi-employer scheme which is not a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(iv) is that—

a

the debt due under section 144 of the 1993 Act was discharged by all the employers to which the scheme relates; or

b

no debt was due under that section of that Act when the scheme began to wind up.

3

In relation to a section of a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(vi) is that—

a

the debt due under section 75 of the 1995 Act was discharged by all the employers in that section of the scheme; or

b

no debt was due under that section of that Act when the scheme began to wind up.

4

In relation to a multi-employer scheme which is not a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(vi) is that—

a

the debt due under section 75 of the 1995 Act was discharged by all the employers to which the scheme relates; or

b

no debt was due under that section of that Act when the scheme began to wind up.

5

The scheme manager may treat any condition in paragraphs (1) to (4) as being satisfied where—

a

F2it is satisfied that an appropriate proportion of the debt was, or is likely to be, discharged; and

b

in F3its opinion, it was reasonable that the debt due under section 144 of the 1993 Act, or section 75 of the 1995 Act as appropriate, or a proportion of that debt has not been discharged.

6

In this regulation—

a

the references to the employer in paragraphs (1) and (3) shall be interpreted in accordance with regulation 12(3);

b

the references to the employer in paragraphs (2) and (4) shall be interpreted in accordance with regulation 12(4); and

c

“sectionalised multi-employer scheme” has the meaning given by regulation 12(6).