17.—(1) The rules of a scheme may be altered in relation to section 9(2B) rights only if—
(a)following the alteration, the scheme provides benefits for the earner and for the earner’s widow, widower or surviving civil partner, in respect of the period of pensionable service to which the alteration relates, that are at least equal to the benefits that would have been provided by a reference scheme (within the meaning of section 12B(2) of the 1993 Act(1) (reference scheme) as it had effect immediately before the second abolition date);
(b)the alteration is one to which the subsisting rights provisions (within the meaning of section 67(4) of the 1995 Act) do not apply, by virtue of section 67 of that Act;
(c)the alteration is one that is not a protected modification or a detrimental modification (within the meaning of section 67A of the 1995 Act(2)) and the requirement in paragraph (2) is met; or
(d)the alteration is a detrimental modification (within the meaning of section 67A(4) of the 1995 Act) and—
(i)the actuarial equivalence requirements provided for in sections 67C and 67D of that Act(3) are met in relation to the proposed modification of those rights; and
(ii)the requirement in paragraph (2) is met.
(2) Subject to paragraph (3), the requirement is the altered scheme is to provide for a pension to be paid to the earner’s widow, widower or surviving civil partner (referred to in this regulation as the “relevant survivor’s section 9(2B) pension”) that is at least as generous, either as regards the amount of the pension or as regards the circumstances in which it will be paid, as it would have been before the alteration.
(3) In relation to an earner who is in pensionable service under the scheme immediately before the alteration takes effect, the requirement in paragraph (2) is to be deemed to be satisfied if the relevant survivor’s section 9(2B) pension that the scheme would provide in respect of the earner if the earner left pensionable service immediately after the alteration is at least as generous as the relevant survivor’s section 9(2B) pension that the scheme would have provided in respect of the earner had the earner left service immediately before the alteration.
Section 12B is repealed by paragraph 11 of Schedule 13 to the 2014 Act, but saved for certain purposes, see S.I. 2015/1502. Section 12B was inserted by section 136 of the 1995 Act. There are amendments not relevant to these regulations.
Section 67A was inserted by section 262 of the 2004 Act, and amended by section 60(2) of, and paragraphs 28 and 29 of Schedule 4 to, the Pension Schemes Act 2015 (c.8).
Sections 67C and 67D were inserted by section 262 of the 2004 Act, and section 67D was amended by paragraph 7 of Schedule 5 to the Pensions Act 2007.