SCHEDULE 2MODIFICATIONS OF PENSIONS LEGISLATION, AND RELEVANT LEGAL REQUIREMENTS FOR THE PURPOSES OF SECTION 293

Regulations 14 and 16

1

1

In this Schedule, a reference to a section of an Act includes a reference to any subordinate legislation made or having effect as if made under that section.

2

In this Schedule, “the 2000 Act” means the Child Support, Pensions and Social Security Act 2000 M1.

2

For the purposes of regulations 14 and 16—

a

the provisions of pensions legislation which are modified in their application to European members and European survivors of cross-border schemes, and

b

the relevant legal requirements for the purposes of section 293,

are the provisions listed in Column 1 of Table 1—

Table 1

Provision of the 1995 Act

Description of provision of the 1995 Act

Section 50(1) to (5) and (7) M2

Resolution of disputes

Annotations:
Marginal Citations
M2

Section 50 is substituted by sections 50, 50A and 50B by virtue of section 273 of the Act on a date to be appointed.

3

For the purposes of regulations 14 and 16—

a

the provisions of pensions legislation which are modified in relation to European members and European survivors of cross-border schemes, other than European members of a cross-border scheme which is a pre-23rd September 2005 scheme who became members of that scheme before the commencement date and European survivors of such members, and

b

the relevant legal requirements for the purposes of section 293,

are the provisions listed in Column 1 of Table 2 set out below—

Table 2

Provisions of the 1993 Act

Description of provisions of the 1993 Act

Sections 69 to 76 and 81 and 82 M3

Preservation of benefit under occupational schemes

Sections 83 to 86 M4

Revaluation of accrued benefits (excluding guaranteed minimum pensions)

Sections 93 to 98, 99(1) to (4A), (7)(a) and (8), 100 and 101 M5

Transfer values

Sections 101AA to 101AI M6

Early leavers: cash transfer sums and contribution refunds

Provisions of the 1995 Act

Description of provisions of the 1995 Act

Sections 51 to 54 M7

Indexation

Sections 91 to 94 M8

Assignment, forfeiture, bankruptcy etc.

Annotations:
Marginal Citations
M3

Section 70(1)(ii) is amended by S.I. 2005/2053. Section 71(3) was substituted by section 263(1) of the Act. Section 72(4) was inserted by section 263(2) of the Act. Section 73(2)(a)(ii) was amended by Schedules 2 and 13 to the 1999 Act.

M4

Section 83(1) was amended, and section 83(1A) and (4) were inserted, by Schedule 12 to the 1999 Act. Section 84(5) was repealed in part by Schedules 5 and 7 to the 1995 Act. Section 84(5)(b) and (6) are inserted by section 281 of the Act, and section 84(5) is amended by S.I. 2005/2053. Section 85 was amended by Schedule 12 to the 1999 Act.

M5

Section 93(1)(a) was substituted, and section 93(1A) and (1B) were inserted, by section 152 of the 1995 Act. Section 93(1ZA) was inserted by Schedule 12 to the 1999 Act. Section 94(1)(a) was amended, and section 94(1)(aa), (1A) and (3), and the definition of “the guarantee date” in section 94(2) were inserted, by section 154 of the 1995 Act. Section 94(1B) was inserted by Schedule 12 to the 1999 Act. Section 94(2) is amended, and section 94(2A) is inserted, by Schedule 12 to the Act. Section 95(1) was amended by Schedule 6 to the 1995 Act. Section 95(2)(c) was amended by S.I. 2001/3649. Section 95(4) was repealed by Schedules 5 and 9 to the 2000 Act. Section 96(2)(a) and (3)(a) were amended by Schedule 5 to the 1995 Act, and section 96(2)(a)(ii) was repealed by Schedules 2 and 13 to the 1999 Act. Section 96(3) is amended by S.I. 2005/2053. Section 96(4) was inserted by Schedule 12 to the 1999 Act. Section 97(2)(a) and (3)(b) were amended, and section 97(3A) was inserted, by Schedule 6 to the 1995 Act. Section 97(2)(aa) was substituted by Schedule 5 to the 2000 Act. Section 98(1), (2) and (3)(a) were amended, section 98(1A) was inserted and section 98(3)(aa) was substituted, by Schedule 6 to the 1995 Act. Section 98(5) and (8) were amended by Schedule 12 to the 1999 Act. Section 98(7) was amended, and section 98(7)(a) was repealed, by Schedules 5 and 9 to the 2000 Act. Section 99(2)(a) to (c) were substituted by Schedule 6 to the 1995 Act Section 99(3A), (7) and (8) were inserted, section 99(4) and (4A) were substituted for section 99(4) and (5) as originally enacted, and section 99(6) was amended, by Schedule 6 to the 1995 Act. Section 99(4) and (4A) are amended by Schedule 12 to the Act on a date to be appointed. Section 99(6) is repealed by Schedule 13 to the Act. Section 100(1) was amended, and section 100(2A) was inserted, by Schedule 12 to the 1999 Act.

M6

Sections 101AA to 101AI are inserted by section 264 of the Act.

M7

Section 51(1)(a)(i) is repealed in part by section 278(2)(a) of, and Schedule 13 to, the Act. Section 51(1)(a)(iii) is inserted, and section 51(1)(b) and (c) are substituted for section 51(1)(b) as originally enacted, by section 278(2)(b) and (c) of the Act. Section 51(2) was amended by section 51(1) of the 2000 Act and is further amended by section 278(3) of the Act. Section 51(4) is amended, section 51(4A) to (4C) are inserted, and section 51(5) is amended, by section 278(4), (5) and (6) of the Act. Section 51(6) was amended by Schedule 12 to the 1999 Act. Section 51ZA was inserted by section 278(7) of the Act. Section 51A was inserted by section 51(2) of the 2000 Act. Section 51A was inserted by section 51(2) of the 2000 Act. Section 53(3A) was inserted by Schedule 12 to the 1999 Act. In section 54(3), the definition of “appropriate percentage” was amended by Schedule 2 to the 1999 Act and is repealed by Schedule 13 to the Act. Section 54(3) is also amended by section 278(8) of the Act.

M8

Section 91(1), (2) and (5) were amended by Schedule 12 to the 1999 Act. Section 91(3) was repealed by Schedule 13 to the 1999 Act. Section 91(5)(f) is inserted, and section 91(6) is amended, by section 266 of the Act. Section 91(5) is amended by S.I. 2005/2053. Section 92(1) and (4) were amended by Schedule 12 to the 1999 Act. Section 92(2)(b) was repealed by Schedule 13 to the 1999 Act. Section 92(3)(b) is substituted by S.I. 2005/2053. Section 93(1), (2) and (4) were amended by Schedule 12 to the 1999 Act. Section 94(3)(c) and (e) were repealed by Schedule 13 to the 1999 Act. Section 94(3)(f) was inserted by Schedule 2 to the 1999 Act.

4

For the purposes of regulation 14, the other provisions of pensions legislation which are modified in their application to European members and European survivors of cross-border schemes are the provisions listed in Column 1 of Table 3 set out below.

Table 3

Provisions of the 1993 Act

Description of provisions of the 1993 Act

Section 99(7)(b) M9

Trustees' duties after exercise of option

Provisions of the 1995 Act

Description of provisions of the 1995 Act

Section 50(6)

Resolution of disputes

Annotations:
Marginal Citations
M9

Section 99(7)(b) was inserted by Schedule 6 to the 1995 Act.

5

For the purposes of regulation 16, the other relevant legal requirements for the purposes of section 293 are the provisions listed in Column 1 of Table 4 set out below.

Table 4

Provisions of the 1993 Act

Description of provisions of the 1993 Act

Sections 9 and 10 M10

General requirements for certification

Sections 12A to 12D M11

Requirements for certification of occupational pension schemes

Sections 13 to 21 and 23 M12

Requirements for certification of occupational pension schemes providing guaranteed minimum pensions

Sections 27 to 33 M13

Requirements for certification of occupational and personal money purchase schemes

Sections 37 and 39 M14

Alteration of scheme rules after certification

Section 45B M15

Money purchase and personal pension schemes: verification of ages

Sections 50 and 51 M16

Approval of arrangements for scheme ceasing to be certified

Sections 52 to 54 M17

Supervision of formerly certified schemes

Sections 55 to 58 and 61 to 63 M18

State scheme premiums

F1...

Sections 87 to 92 M19

Protection of increases in guaranteed minimum pensions (“anti-franking”)

Section 93A(1) to (3) M20

Salary related schemes: right to statement of entitlement

Sections 109 and 110 M21

Guaranteed minimum pensions

Sections 129 to 132 M22

Relationship between requirements and scheme rules

Section 159 M23

Inalienability of guaranteed minimum pension and protected rights payments

Provisions of the 1999 Act

Description of provisions of the 1999 Act

Sections 11 to 13

Pensions and bankruptcy

Section 40 M24

Other pension schemes