SCHEDULE 2MODIFICATIONS OF PENSIONS LEGISLATION, AND RELEVANT LEGAL REQUIREMENTS FOR THE PURPOSES OF SECTION 293
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—
Provision of the 1995 Act | Description of provision of the 1995 Act |
---|---|
Section 50(1) to (5) and (7) M2 | Resolution of disputes |
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—
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. |
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.
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 |
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.
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 |