Statutory Instrument 1996 No. 1172

      Occupational Pension Schemes (Contracting-out) Regulations 1996


      © Crown Copyright 1996

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STATUTORY INSTRUMENTS

1996 No. 1172

PENSIONS

Occupational Pension Schemes (Contracting-out) Regulations 1996

Made 25th April 1996
Laid before Parliament 29th April 1996
Coming into force 6th April 1997


ARRANGEMENT OF REGULATIONS

PART I
PRELIMINARY
1.  Citation, commencement and interpretation.
PART II
CERTIFICATION OF EMPLOYMENTS
2.  Making of elections for the issue of contracting-out certificates
3.  Notices by employers of intended election.
4.  Consultation with trade unions.
5.  Time for making an election.
6.  Information to be included in an election.
7.  Amendment of an election.
8.  Issue of contracting-out certificates
9.  Making of elections by employers for the variation or surrender of contracting-out certificates
10.  Special provision with regard to elections for the issue, variation or surrender of certificates where the employment remains contracted-out
11.  Special circumstances in which the Secretary of State may determine earners to have been in contracted-out employment
12.  Special provision for holding companies and subsidiaries
13.  Special provision for public service pension schemes
14.  Special provision for holders of pensionable judicial office
15.  Further information and change of circumstances
16.  Requirement to confirm relevant requirements are satisfied
PART III
SALARY-RELATED CONTRACTED-OUT SCHEMES
17.  Further contracting-out conditions for salary-related contracted-out schemes
18.  Requirement as to resources of the scheme
19.  Lump sum benefits and salary-related contracted-out schemes
20.  Trivial commutation of benefits derived from section 9(2B) rights
21.  Payable age in salary-related contracted-out schemes
22.  Each part of scheme to comply with section 12A of the 1993 Act
23.  Requirements for meeting the statutory standard
24.  Circumstances when actuary other than actuary appointed under section 47 of the 1995 Act may certify broad equivalence
25.  Requirements for a reference scheme
26.  Reference scheme: circumstances in which widows' or widowers' pensions need not be payable
27.  Modification applying to public service pension schemes
28.  Service in a salary-related contracted-out scheme that does not qualify for further benefits
29.  Schemes which cannot be certified under section 9(2B) of the 1993 Act
PART IV
MONEY PURCHASE CONTRACTED-OUT SCHEMES
30.  Further contracting-out requirements for money purchase contracted-out schemes
31.  Deduction of minimum payments from earnings
32.  Minimum payments to be made by employers to trustees
33.  Calculation of minimum payments
34.  Manner of calculation or estimation of earnings
35.  Manner of payment of the age-related payment
36.  Verification of age
37.  Circumstances in which the age-related payments are not to be paid
38.  Adjustment of the amount of the age-related payment
39.  Circumstances in which schemes may change mode of contracting-out
40.  Schemes which may not be contracted-out under section 9(3) of the 1993 Act
PART V
FURTHER REQUIREMENTS (ALL SCHEMES) AND OVERSEAS SCHEMES
41.  Provision of information as to resources
42.  Alteration of rules of contracted-out schemes
43.  Termination of periods of contracted-out employment
44.  Notifications to the Secretary of State
45.  Approval of arrangements for schemes ceasing to be contracted-out
46.  Supervision of schemes that have ceased to contract out
47.  Circumstances in which the Secretary of State may vary or cancel a contracting-out certificate
48.  Special provision for overseas schemes
PART VI
RESTORATION OF STATE SCHEME RIGHTS
49.  Insolvent schemes
50.  Member to be informed of the option to restore state scheme rights
51.  Election to pay a contributions equivalent premium
52.  Payment of a contributions equivalent premium
53.  Payment in lieu of benefit and delay in refund for the purposes of employer's right of recovery
54.  Refund of a contributions equivalent premium
PART VII
GUARANTEED MINIMUM PENSIONS
55.  Scheme rules about guaranteed minimum pensions
56.  Special provision for revaluation of guaranteed minimum pensions secured by insurance policies or annuity contracts
57.  Circumstances in which widower's guaranteed minimum pension is to be payable
58.  Period for which widower's guaranteed minimum pension is to be payable
59.  Statutory references to persons entitled to guaranteed minimum pensions application to widowers
60.  Trivial commutation of guaranteed minimum pensions
61.  Suspension and forfeiture of guaranteed minimum pensions
62.  Fixed rate revaluation of guaranteed minimum pensions for early leavers
63.  Provision of information about guaranteed minimum pensions
64.  Meaning of expression ``connected employer''
65.  Modification of section 16 of the 1993 Act
66.  Circumstances in which the modifications to the 1993 Act set out in regulation 65 apply
67.  Modification of section 51(1) of the 1993 Act in relation to revaluation and schemes which have ceased to be contracted-out
68.  Additional modifications relating to transfers and increases of earnings factors by 12 per cent.
69.  Miscellaneous provisions affecting section 51 of the 1993 Act
PART VIII
TRANSITIONAL ARRANGEMENTS AND SAVINGS
70.  Transitional arrangements for certification of schemes
71.  Elections for replacement certificates by salary-related schemes during transitional period
72.  Transitional requirements as to sufficiency of resources of salary-related schemes
73.  Transitional arrangements and savings for salary-related schemes which have begun winding up before the principal appointed day
74.  Transitional arrangements in relation to the powers of the Secretary of State to approve arrangements for schemes ceasing to contract out before the principal appointed day
75.  Transitional modifications to sections 35 and 36 of the 1993 Act
76.  Prevention of recovery by employers of Class 1 contributions where certificate cancelled under section 36(3) of the 1993 Act
77.  Savings in respect of State Scheme Premiums
PART IX
REVOCATIONS
78.  Revocations

SCHEDULES

  1.  Provisions conferring powers exercised in making these Regulations

  2.  Revocations

 

Explanatory Note


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Prepared 20th September 2000