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The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations 2015
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Changes over time for: The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations 2015 (without Schedules)
Version Superseded: 15/03/2016
Alternative versions:
- 14/07/2015- Amendment
- 31/10/2015- Amendment
- 31/10/2015
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Status:
Point in time view as at 31/10/2015.
Changes to legislation:
There are currently no known outstanding effects for the The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations 2015.
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Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
PART 1GENERAL
Citation, commencement and extent
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Interpretation
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
PART 2GENERAL PROVISIONS RELATING TO SCHEMES THAT WERE SALARY RELATED CONTRACTED-OUT SCHEMES
Alteration of scheme rules
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Determination that an earner was in contracted-out employment
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Provision of information
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Overseas schemes
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Restoration of state scheme rights
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Contributions equivalent premiums: prescribed person
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Notification of requirement to pay a contributions equivalent premium
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Cases where payment of a contributions equivalent premium is not required
F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Elections to pay contributions equivalent premiums
F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Payment of a contributions equivalent premium
F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Payment in lieu of benefit and delay in refund for the purposes of the employer’s right of recovery
F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Refund of a contributions equivalent premium
F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Continuation of transitional arrangements for schemes that began winding up before 6th April 1997
F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Continuation of savings in respect of state scheme premiums
F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
PART 3ADDITIONAL REQUIREMENTS IN RELATION TO RIGHTS ATTRIBUTABLE TO CONTRACTED-OUT EMPLOYMENT ON AND AFTER 6TH APRIL 1997
Alteration of scheme rules
F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Payment of a lump sum instead of a pension
F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Forfeiture of accrued rights
F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
PART 4ADDITIONAL REQUIREMENTS IN RELATION TO GUARANTEED MINIMUM PENSIONS
Alteration of scheme rules
F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Circumstances for the purposes of section 17(6) of the 1993 Act in which widower’s, widow’s or surviving civil partner’s guaranteed minimum pension is payable
F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Period for the purposes of section 17(6) of the 1993 Act for which widower’s, widow’s or surviving civil partner’s guaranteed minimum pension is payable
F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Fixed rate revaluation of guaranteed minimum pensions secured by insurance policies or annuity contracts
F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Fixed rate revaluation of guaranteed minimum pensions for early leavers
F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Payment of a lump sum instead of a pension
F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Suspension and forfeiture of guaranteed minimum pension
F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Conversion into other benefits: actuarial equivalence
F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Conversion into other benefits: survivors’ benefits
28.—(1) For the purposes of Condition 4 of section 24B of the 1993 Act, the circumstances in which, and periods during which, the converted scheme must provide survivors’ benefits are the circumstances set out in paragraph (2) and the periods set out in paragraph (3).
(2) The circumstances are—
(a)an earner’s pre-conversion benefits include a guaranteed minimum pension; and
(b)the scheme before conversion provided that—
(i)if the earner died (whether before or after attaining pensionable age) leaving a widow, widower or surviving civil partner, the widow, widower or surviving civil partner would be entitled to a guaranteed minimum pension; and
(ii)in a case where section 17(6) of the 1993 Act applies, a widower’s, widow’s or surviving civil partner’s guaranteed minimum pension would be payable in the circumstances set out in regulation 21(1).
(3) The periods are—
(a)for widows, widowers and surviving civil partners, any period mentioned in section 17(4A)(a), (aa), (ab) or (b) of the 1993 Act;
(b)subject to paragraph (4), for widows, widowers and surviving civil partners whose entitlement by virtue of the earner’s contributions to a widowed parent’s allowance or bereavement allowance has come to an end at a time after the widow, widower or surviving civil partner attained the age of 45, so much of the period beginning with the time when that entitlement came to an end as neither—
(i)comprises a period during which the widow, widower or surviving civil partner and another person are living together as a married couple; nor
(ii)falls after the time of any—
(aa)marriage; or
(bb)formation of a civil partnership,
by the widow, widower or surviving civil partner which takes place after the earner’s death;
(c)for widows whose spouse was a man, any period for which a widowed mother’s allowance or widow’s pension is payable to the widow by virtue of the earner’s contributions; and
(d)for widowers, widows whose spouse was a woman and surviving civil partners, any period for which a scheme must make provision for the payment of a widow’s, widower’s or surviving civil partner’s pension, by virtue of section 17(6) of the 1993 Act and regulation 22.
(4) For the purposes of paragraph (3)(b), the following provisions do not apply where the earner died before 5th December 2005—
(a)paragraph (3)(b)(i) so far as it relates to the living together of two people of the same sex;
(b)paragraph (3)(b)(ii)(aa) so far as it relates to a marriage involving two people of the same sex; and
(c)paragraph (3)(b)(ii)(bb).
PART 5AMENDMENT OF THE OCCUPATIONAL PENSION SCHEMES (CONTRACTING-OUT) REGULATIONS 1996
Amendments relating to certification of employments for a period before the second abolition date
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Amendments relating to cessation of contracting-out before the second abolition date
F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
PART 6AMENDMENT OF THE CONTRACTING-OUT (TRANSFER AND TRANSFER PAYMENT) REGULATIONS 1996
Revaluation after transfer from another scheme
F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
PART 7REVOCATION AND SAVINGS OF THE OCCUPATIONAL PENSION SCHEMES (CONTRACTING-OUT) REGULATIONS 1996
Revocations taking effect on the second abolition date
32. The following provisions of the 1996 Regulations are revoked—
(a)regulation 11;
(b)regulations 16 to 21;
(c)regulations 41 to 43;
(d)regulation 48(5) to (7);
(e)regulations 49 to 61;
(f)regulation 62 (but see regulation 33);
(g)regulation 63;
(h)regulations 65 and 66 (but see regulation 33);
(i)regulations 67 to 74;
(j)regulations 76A and 76B;
(k)regulation 77.
Saving of provisions relating to the revaluation of Guaranteed Minimum Pensions
F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Revocations taking effect on 6th April 2019
F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
PART 8PROVISION FOR NORTHERN IRELAND
Interpretation of Part 8
F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Restoration of state scheme rights: Northern Ireland
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Contributions equivalent premiums: prescribed person in Northern Ireland
F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Notification of requirement to pay a contributions equivalent premium: Northern Ireland
F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Cases where payment of a contributions equivalent premium is not required: Northern Ireland
F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Elections to pay contributions equivalent premiums: Northern Ireland
F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Payment of a contributions equivalent premium: Northern Ireland
F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Payment in lieu of benefit and delay in refund for the purposes of the employer’s right of recovery: Northern Ireland
F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Refund of a contributions equivalent premium: Northern Ireland
F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Continuation of savings in respect of state scheme premiums: Northern Ireland
F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Revocations of the Occupational Pension Schemes (Contracting-Out) Regulations (Northern Ireland) 1996 taking effect on the second abolition date
F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Instrument revoked in part (31.10.2015) by The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 (S.I. 2015/1677), regs. 1(2)(a), 45
Signed by authority of the Secretary of State for Work and Pensions
Altmann
Minister of State,
Department for Work and Pensions
14th July 2015
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