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).