Office of Public Sector Information
An order under section 180 of this Act appointing a day for the coming into force of any provisions of this Part, being 6th April in any year, may designate that day as the principal appointed day for the purposes of this Part.
(1) In section 7 of the [1993 c. 48.] Pension Schemes Act 1993 (issue of contracting-out etc. certificates), after subsection (2) there is inserted—
“(2A) The regulations may provide, in the case of contracting-out certificates issued before the principal appointed day, for their cancellation by virtue of the regulations—
(a) at the end of a prescribed period beginning with that day, or
(b) if prescribed conditions are not satisfied at any time in that period,
but for them to continue to have effect until so cancelled; and the regulations may provide that a certificate having effect on and after that day by virtue of this subsection is to have effect, in relation to any earner’s service on or after that day, as if issued on or after that day.
(2B) In this Part, “the principal appointed day” means the day designated by an order under section 180 of the Pensions Act 1995 as the principal appointed day for the purposes of Part III of that Act”.
(2) In section 8 of that Act (definition of terms), for subsection (1)(a)(i) there is substituted—
“(i) his service in the employment is for the time being service which qualifies him for a pension provided by an occupational pension scheme contracted out by virtue of satisfying section 9(2) (in this Act referred to as “a salary related contracted-out scheme”)”.
(3) In section 9 of that Act (requirements for certification of schemes: general), for subsection (2) (requirement for guaranteed minimum pension) there is substituted—
“(2) An occupational pension scheme satisfies this subsection only if—
(a) in relation to any earner’s service before the principal appointed day, it satisfies the conditions of subsection (2A), and
(b) in relation to any earner’s service on or after that day, it satisfies the conditions of subsection (2B).
(2A) The conditions of this subsection are that—
(a) the scheme complies in all respects with sections 13 to 23 or, in such cases or classes of case as may be prescribed, with those sections as modified by regulations, and
(b) the rules of the scheme applying to guaranteed minimum pensions are framed so as to comply with the relevant requirements.
(2B) The conditions of this subsection are that the Secretary of State is satisfied that—
(a) the scheme complies with section 12A,
(b) restrictions imposed under section 40 of the Pensions Act 1995 (restriction on employer-related investments) apply to the scheme and the scheme complies with those restrictions,
(c) the scheme satisfies such other requirements as may be prescribed (which—
(i) must include requirements as to the amount of the resources of the scheme and,
(ii) may include a requirement that, if the only members of the scheme were those falling within any prescribed class or description, the scheme would comply with section 12A); and
(d) the scheme does not fall within a prescribed class or description,
and is satisfied that the rules of the scheme are framed so as to comply with the relevant requirements.
(2C) Regulations may modify subsection (2B)(a) and (b) in their application to occupational pension schemes falling within a prescribed class or description.”
(4) In subsection (3) of that section (requirement for protected rights, etc.) after “case” in paragraph (a) there is inserted—
“(aa) the Secretary of State is satisfied that the scheme does not fall within a prescribed class or description”.
(5) After section 12 of that Act there is inserted—
(1) Subject to the provisions of this Part, the scheme must, in relation to the provision of pensions for earners in employed earner’s employment, and for their widows or widowers, satisfy the statutory standard.
(2) Subject to regulations made by virtue of section 9(2B)(c)(ii), in applying this section regard must only be had to—
(a) earners in employed earner’s employment, or
(b) their widows or widowers,
collectively, and the pensions to be provided for persons falling within paragraph (a) or (b) must be considered as a whole.
(3) For the purposes of this section, a scheme satisfies the statutory standard if the pensions to be provided for such persons are broadly equivalent to, or better than, the pensions which would be provided for such persons under a reference scheme.
(4) Regulations may provide for the manner of, and criteria for, determining whether the pensions to be provided for such persons under a scheme are broadly equivalent to, or better than, the pensions which would be provided for such persons under a reference scheme.
(5) Regulations made by virtue of subsection (4) may provide for the determination to be made in accordance with guidance prepared from time to time by a prescribed body and approved by the Secretary of State.
(6) The pensions to be provided for such persons under a scheme are to be treated as broadly equivalent to or better than the pensions which would be provided for such persons under a reference scheme if and only if an actuary (who, except in prescribed circumstances, must be the actuary appointed for the scheme in pursuance of section 47 of the Pensions Act 1995) so certifies.
(1) This section applies for the purposes of section 12A.
(2) A reference scheme is an occupational pension scheme which—
(a) complies with each of subsections (3) and (4), and
(b) complies with any prescribed requirements.
(3) In relation to earners employed in employed earner’s employment, a reference scheme is one which provides—
(a) for them to be entitled to a pension under the scheme commencing at a normal pension age of 65 and continuing for life, and
(b) for the annual rate of the pension at that age to be—
(i) 1/80th of average qualifying earnings in the last three tax years preceding the end of service,
multiplied by
(ii) the number of years service, not exceeding such number as would produce an annual rate equal to half the earnings on which it is calculated.
(4) In relation to widows or widowers, a reference scheme is one which provides—
(a) for the widows or widowers of earners employed in employed earner’s employment (whether the earners die before or after attaining the age of 65) to be entitled, except in prescribed circumstances, to pensions under the scheme, and
(b) except in prescribed circumstances, for the annual rate of the pensions, at the time when the widows or widowers first become entitled to them, to be—
(i) in the case of widows or widowers of persons whose age when they died was, or was greater than, normal pension age, 50 per cent. of the annual rate which a reference scheme is required to provide for persons of that age, and
(ii) in the case of widows or widowers of other persons, 50 per cent. of the annual rate which a reference scheme would have been required to provide in respect of the persons' actual periods of service if those persons had attained that age.
(5) For the purposes of this section, an earner’s qualifying earnings in any tax year are 90 per cent. of the amount by which the earner’s earnings—
(a) exceed the qualifying earnings factor for that year, and
(b) do not exceed the upper earnings limit for that year multiplied by fifty-three.
(6) Regulations may modify subsections (2) to (5).
(7) In this section—
“normal pension age”, in relation to a scheme, means the age specified in the scheme as the earliest age at which pension becomes payable under the scheme (apart from any special provision as to early retirement on grounds of ill-health or otherwise),
“qualifying earnings factor”, in relation to a tax year, has the meaning given by section 122(1) of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992, and
“upper earnings limit”, in relation to a tax year, means the amount specified for that year by regulations made by virtue of section 5(3) of that Act as the upper earnings limit for Class 1 contributions.
(1) Regulations may prohibit or restrict—
(a) the transfer of any liability—
(i) for the payment of pensions under a relevant scheme, or
(ii) in respect of accrued rights to such pensions,
(b) the discharge of any liability to provide pensions under a relevant scheme, or
(c) the payment of a lump sum instead of a pension payable under a relevant scheme,
except in prescribed circumstances or on prescribed conditions.
(2) In this section “relevant scheme” means a scheme contracted out by virtue of section 9(2B) of this Act and references to pensions and accrued rights under the scheme are to such pensions and rights so far as attributable to an earner’s service on or after the principal appointed day.
(3) Regulations under subsection (1) may provide that any provision of this Part shall have effect subject to such modifications as may be specified in the regulations.
In the case of a scheme contracted out by virtue of section 9(2B) of this Act, regulations may make provision as to the ages by reference to which benefits under the scheme are to be paid”.
(1) In section 40 of the [1993 c. 48.] Pension Schemes Act 1993 (scope of Chapter II of Part III), in paragraph (b), after “members of” there is inserted “money purchase contracted-out schemes and members of”.
(2) For section 41(1) of that Act (reduced rates of Class 1 contributions for earners in contracted-out employment), including the sidenote and the preceding heading, there is substituted—
(1) Where—
(a) the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment, and
(b) the earner’s service in the employment is service which qualifies him for a pension provided by a salary related contracted-out scheme,
the amount of a Class 1 contribution in respect of so much of the earnings paid in that week as exceeds the current lower earnings limit but not the current upper earnings limit for that week (or the prescribed equivalents if he is paid otherwise than weekly) shall be reduced by the following amount.
(1A) The amount is—
(a) in the case of a primary Class 1 contribution, an amount equal to 1.8 per cent. of that part of those earnings, and
(b) in the case of a secondary Class 1 contribution, an amount equal to 3 per cent. of that part of those earnings”.
(3) In section 42 of that Act (review and alteration of rates of contributions applicable under section 41), for subsection (1)(a) there is substituted—
“(a) a report by the Government Actuary or the Deputy Government Actuary on—
(i) the percentages for the time being applying under section 41(1A)(a) and (b), and
(ii) any changes since the preparation of the last report under this paragraph in the factors in his opinion affecting the cost of providing benefits of an actuarial value equivalent to that of the benefits which, under section 48A, are foregone by or in respect of members of salary related contracted-out schemes”.
(4) In relation to the first report under section 42(1)(a) of that Act laid after the passing of this Act, that section shall have effect as if—
(a) in subsection (1)(a), sub-paragraph (i) and, in sub-paragraph (ii), “any changes since the preparation of the last report under this paragraph in” were omitted,
(b) for subsection (1)(b) there were substituted—
“(b) a report by the Secretary of State stating what, in view of the report under paragraph (a), he considers the percentages under section 41(1A)(a) should be”,
(c) for subsections (3) and (4) there were substituted—
“(3) The Secretary of State shall prepare and lay before each House of Parliament with the report the draft of an order specifying the percentages; and if the draft is approved by resolution of each House the Secretary of State shall make the order in the form of the draft.
(4) An order under subsection (3) shall have effect from the beginning of the tax year which begins with the principal appointed day, not being a tax year earlier than the second after that in which the order is made”,
(d) in subsection (5), for “alteration” there were substituted “determination”, and
(e) in subsection (6), for “an order making alterations in either or both of those percentages” there were substituted “such an order”.
(5) After that section there is inserted—
(1) Subsections (2) and (3) apply where—
(a) the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment, and
(b) the earner’s service in the employment is service which qualifies him for a pension provided by a money purchase contracted-out scheme.
(2) The amount of a Class 1 contribution in respect of so much of the earnings paid in that week in respect of that employment as exceeds the current lower earnings limit but not the current upper earnings limit for that week (or the prescribed equivalents if he is paid otherwise than weekly) shall be reduced by an amount equal to the appropriate flat-rate percentage of that part of those earnings.
(3) The Secretary of State shall except in prescribed circumstances or in respect of prescribed periods pay in respect of that earner and that tax week to the trustees or managers of the scheme or, in prescribed circumstances, to a prescribed person the amount by which—
(a) the appropriate age-related percentage of that part of those earnings,
exceeds
(b) the appropriate flat-rate percentage of that part of those earnings.
(4) Regulations may make provision—
(a) as to the manner in which and time at which or period within which payments under subsection (3) are to be made,
(b) for the adjustment of the amount which would otherwise be payable under that subsection so as to avoid the payment of trivial or fractional amounts,
(c) for earnings to be calculated or estimated in such manner and on such basis as may be prescribed for the purpose of determining whether any, and if so what, payments under subsection (3) are to be made.
(5) If the Secretary of State pays an amount under subsection (3) which he is not required to pay or is not required to pay to the person to whom, or in respect of whom, he pays it, he may recover it from any person to whom, or in respect of whom, he paid it.
(6) Where—
(a) an earner has ceased to be employed in an employment, and
(b) earnings are paid to him or for his benefit within the period of six weeks, or such other period as may be prescribed, from the day on which he so ceased,
that employment shall be treated for the purposes of this section as contracted-out employment at the time when the earnings are paid if it was contracted-out employment in relation to the earner when he was last employed in it.
(7) Subsection (3) of section 41 applies for the purposes of this section as it applies for the purposes of that.
(1) The Secretary of State shall at intervals of not more than five years lay before each House of Parliament—
(a) a report by the Government Actuary or the Deputy Government Actuary on the percentages which, in his opinion, are required to be specified in an order under this section so as to reflect the cost of providing benefits of an actuarial value equivalent to that of the benefits which, under section 48A, are foregone by or in respect of members of money purchase contracted-out schemes,
(b) a report by the Secretary of State stating what, in view of the report under paragraph (a), he considers those percentages should be, and
(c) a draft of an order under subsection (2).
(2) An order under this subsection shall have effect in relation to a period of tax years (not exceeding five) and may—
(a) specify different percentages for primary and secondary Class 1 contributions, and
(b) for each of the tax years for which it has effect—
(i) specify a percentage in respect of all earners which is “the appropriate flat-rate percentage” for the purposes of section 42A, and
(ii) specify different percentages (not being less than the percentage specified by virtue of sub-paragraph (i)) in respect of earners by reference to their ages on the last day of the preceding year (the percentage for each group of earners being “the appropriate age-related percentage” in respect of earners in that group for the purposes of section 42A).
(3) If the draft of an order under subsection (2) is approved by resolution of each House of Parliament, the Secretary of State shall make the order in the form of the draft.
(4) An order under subsection (2) shall have effect from the beginning of such tax year as may be specified in the order, not being a tax year earlier than the second after that in which the order is made.
(5) Subsection (2) is without prejudice to the generality of section 182”.
(6) In Schedule 4 to that Act (priority in bankruptcy, etc.), in paragraph 2(3)—
(a) in paragraph (a), for “4.8 per cent.” there is substituted “the percentage for non-contributing earners”,
(b) in paragraph (b), for “3 per cent.” there is substituted “the percentage for contributing earners”.
(7) In paragraph 2(5) of that Schedule—
(a) before the definition of “employer” there is inserted—
““appropriate flat-rate percentage” has the same meaning as in section 42A”, and
(b) after the definition there is inserted—
““the percentage for contributing earners” means—
(a) in relation to a salary related contracted-out scheme, 3 per cent, and
(b) in relation to a money purchase contracted-out scheme, the percentage which is the appropriate flat-rate percentage for secondary Class 1 contributions,
“the percentage for non-contributing earners” means—
(a) in relation to a salary related contracted-out scheme, 4.8 per cent, and
(b) in relation to a money purchase contracted-out scheme, a percentage equal to the sum of the appropriate flat-rate percentages for primary and secondary Class 1 contributions”.
(1) Section 45 of the [1993 c. 48.] Pension Schemes Act 1993 (minimum contributions to personal pension schemes) is amended as follows.
(2) For subsection (1) there is substituted—
“(1) In relation to any tax week falling within a period for which the Secretary of State is required to pay minimum contributions in respect of an earner, the amount of those contributions shall be an amount equal to the appropriate age-related percentage of so much of the earnings paid in that week (other than earnings in respect of contracted-out employment) as exceeds the current lower earnings limit but not the current upper earnings limit for that week (or the prescribed equivalents if he is paid otherwise than weekly)”.
(3) Subsection (2) is omitted.
(4) In subsection (3)(e), the words following “prescribed period” are omitted.
(5) After that section there is inserted—
(1) The Secretary of State shall at intervals of not more than five years lay before each House of Parliament—
(a) a report by the Government Actuary or the Deputy Government Actuary on the percentages which, in his opinion, are required to be specified in an order under this section so as to reflect the cost of providing benefits of an actuarial value equivalent to that of the benefits which, under section 48A, are foregone by or in respect of members of appropriate personal pension schemes,
(b) a report by the Secretary of State stating what, in view of the report under paragraph (a), he considers those percentages should be, and
(c) a draft of an order under subsection (2).
(2) An order under this subsection—
(a) shall have effect in relation to a period of tax years (not exceeding five), and
(b) may, for each of the tax years for which it has effect, specify different percentages in respect of earners by reference to their ages on the last day of the preceding year (the percentage for each group of earners being “the appropriate age-related percentage” in respect of earners in that group for the purposes of section 45).
(3) If the draft of an order under subsection (2) is approved by resolution of each House of Parliament, the Secretary of State shall make the order in the form of the draft.
(4) An order under subsection (2) shall have effect from the beginning of such tax year as may be specified in the order, not being a tax year earlier than the second after that in which the order is made.
(5) Subsection (2) is without prejudice to the generality of section 182”.
After section 45A of the [1993 c. 48.] Pension Schemes Act 1993 (inserted by section 138) there is inserted—
(1) Regulations may make provision for the manner in which an earner’s age is to be verified in determining the appropriate age-related percentages for the purposes of sections 42A and 45(1).
(2) Information held by the Secretary of State as to the age of any individual may, whether or not it was obtained in pursuance of regulations under subsection (1), be disclosed by the Secretary of State—
(a) to the trustees or managers of a money purchase contracted-out scheme or an appropriate personal pension scheme, and
(b) to such other persons as may be prescribed,
in connection with the making of payments under section 42A(3) or the payment of minimum contributions.”
(1) After section 48 of the [1993 c. 48.] Pension Schemes Act 1993 there is inserted—
(1) In relation to any tax week where—
(a) the amount of a Class 1 contribution in respect of the earnings paid to or for the benefit of an earner in that week is reduced under section 41 or 42A, or
(b) an amount is paid under section 45(1) in respect of the earnings paid to or for the benefit of an earner,
section 44(6) of the Social Security Contributions and Benefits Act 1992 (earnings factors for additional pension) shall have effect, except in prescribed circumstances, as if no primary Class 1 contributions had been paid or treated as paid upon those earnings for that week and section 45A of that Act did not apply (where it would, apart from this subsection, apply).
(2) Where the whole or part of a contributions equivalent premium has been paid or treated as paid in respect of the earner, the Secretary of State may make a determination reducing or eliminating the application of subsection (1).
(3) Subsection (1) is subject to regulations under paragraph 5(3A) to (3E) of Schedule 2.
(4) Regulations may, so far as is required for the purpose of providing entitlement to additional pension (such as is mentioned in section 44(3)(b) of the Social Security Contributions and Benefits Act 1992) but to the extent only that the amount of additional pension is attributable to provision made by regulations under section 45(5) of that Act, disapply subsection (1).
(5) In relation to earners where, by virtue of subsection (1), section 44(6) of the Social Security Contributions and Benefits Act 1992 has effect, in any tax year, as mentioned in that subsection in relation to some but not all of their earnings, regulations may modify the application of section 44(5) of that Act.”
(2) In section 48 of the [1993 c. 48.] Pension Schemes Act 1993 (effect of membership of money purchase contracted-out scheme or appropriate scheme on payment of social security benefits) in subsection (2), paragraph (b) is omitted and, in paragraph (c), “if the earner dies before reaching pensionable age” is omitted.
(3) Section 48 of that Act shall cease to have effect in relation to minimum payments made, or minimum contributions paid, on or after the principal appointed day.
(1) In section 55 of the [1993 c. 48.] Pension Schemes Act 1993 (payment of state scheme premiums on termination of certified status), for subsection (2) there is substituted—
“(2) Where—
(a) an earner is serving in employment which is contracted-out employment by reference to an occupational pension scheme (other than a money purchase contracted-out scheme),
(b) paragraph (a) ceases to apply, by reason of any of the following circumstances, before the earner attains the scheme’s normal pension age or (if earlier) the end of the tax year preceding that in which the earner attains pensionable age, and
(c) the earner has served for less than two years in the employment,
the prescribed person may elect to pay a premium under this subsection (referred to in this Act as a “contributions equivalent premium”).
(2A) The circumstances referred to in subsection (2) are that—
(a) the earner’s service in the employment ceases otherwise than on the earner’s death,
(b) the earner ceases to be a member of the scheme otherwise than on the earner’s death,
(c) the earner’s service in the employment ceases on the earner’s death and the earner dies leaving a widow or widower,
(d) the scheme is wound up,
(e) the scheme ceases to be a contracted-out occupational pension scheme;
but paragraph (a), (b), (d) or (e) does not apply if the earner has an accrued right to short service benefit”.
(2) In Schedule 2 to that Act, in paragraph 5 (state scheme premiums)—
(a) in sub-paragraph (3)—
(i) “in relation to state scheme premiums” is omitted,
(ii) paragraph (b) is omitted, and
(iii) at the end there is added— “and in this sub-paragraph and the following provisions of this paragraph “premium” means a contributions equivalent premium”,
(b) after sub-paragraph (3) there is inserted—
“(3A) Sub-paragraph (3B) applies in relation to a member of a contracted-out occupational pension scheme which is being wound up if, in the opinion of the Secretary of State—
(a) the resources of the scheme are insufficient to meet the whole of the liability for the cash equivalent of the member’s rights under the scheme, and
(b) if the resources of the scheme are sufficient to meet a part of that liability, that part is less than the amount required for restoring his State scheme rights.
Pensions Act 1995