The Occupational Pension Schemes (Qualifying Service—Consequential and Other Provisions) Regulations 1987

Made: 25th June 1987

Laid before Parliament: 6th July 1987

Coming into force: 6th April 1988

The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 64(1A)(a) and 99(1) and (3) of, and paragraphs 9(2) and (3), 21, 22 and 26 of Schedule 16 to, the Social Security Act 1973 , section 168(1) of, and Schedule 20 to, the Social Security Act 1975 , and sections 43(4) and 52C(4) and (5) of, and paragraph 20 of Schedule 1A to, and paragraph 6 of Schedule 2 to, the Social Security Pensions Act 1975 , and of all other powers enabling him in that behalf, after considering the report of the Occupational Pensions Board on the proposals submitted to them , hereby makes the following Regulations:—

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Occupational Pension Schemes (Qualifying Service—Consequential and Other Provisions) Regulations 1987 and shall come into force on 6th April 1988.

• (2) In these Regulations—

• “the Contracting-out Regulations”means the Occupational Pension Schemes (Contracting-out) Regulations 1984 ;

• “the Preservation Regulations”means the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984 ;

• “the Discharge Regulations”means the Occupational Pension Schemes (Discharge of Liability) Regulations 1985 ; and

• “the Revaluation Regulations”means the Occupational Pension Schemes (Revaluation) Regulations 1985 .

Amendment of the Contracting-out Regulations

2

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Amendment of the Preservation Regulations

3

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Amendment of the Discharge Regulations

4

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Amendment of the Revaluation Regulations

5

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Purpose prescribed under section 64(1A)(a) of the Social Security Act 1973

6

A purpose prescribed under section 136(1)(a)(ii) of the Pension Schemes Act 1993 (powers of Occupational Pensions Board to authorise modification of occupational pension schemes) is that of enabling the scheme—

• (a) to provide the alternative to short service benefit described in regulation 9 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (bought out benefits) without the member’s consent in the circumstances described in paragraph (5)(b) of that regulation; and

• (b) to make provision for a benefit payable to a member's widow or widower to be secured by means of a policy of insurance or annuity contract without the widow's or widower's consent in cases where the requirements of regulation 5(5) of the Discharge Regulations are satisfied.

Signed

Signed by authority of the Secretary of State for Social Services.

Nicholas Scott — Minister of State, — 1987-06-25

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1973 c. 38; subsection (1A) was added to section 64 by section 86(1) of, and paragraph 3 of Schedule 10, to the Social Security Act 1986 (c. 50). See definition of“prescribe”in section 99(1) and explanation of the meaning of“regulations”in section 99(3).

[^f00002]: 1975 c. 14. See definitions of“prescribe”and“regulations”in Schedule 20. Section 168(1) applies, by virtue of section 66(2) of the Social Security Pensions Act 1975 (c. 60), to the exercise of certain powers conferred by that Act.

[^f00003]: 1975 c. 60. Section 52C and Schedule 1A were inserted by the Social Security Act 1985 (c. 53), section 2 and Schedule 1.

[^f00004]: See section 68(1) and (2) of the Social Security Act 1973 and section 61(2) and (3) of the Social Security Pensions Act 1975; sections 68(1) and 61(2) are amended in ways not relevant to these Regulations.

[^f00005]: S.I. 1984/380; the relevant amending instrument is S.I. 1986/317.

[^f00006]: S.I. 1984/614, to which there are amendments not relevant to these Regulations.

[^f00007]: S.I. 1985/1929, amended by S.I. 1986/2171.

[^f00008]: S.I. 1985/1930, amended by S.I. 1986/751.

[^f00009]: 1986 c. 50.

[^f00010]: Subsection (2B) was inserted into section 32 by the Social Security Act 1986 (c. 50), section 6 and Schedule 2, paragraph 5.

Editorial notes

[^c2180655]: 1973 c. 38; subsection (1A) was added to section 64 by section 86(1) of, and paragraph 3 of Schedule 10, to the Social Security Act 1986 (c. 50). See definition of “prescribe”in section 99(1) and explanation of the meaning of “regulations”in section 99(3).

[^c2180656]: 1975 c. 14. See definitions of “prescribe”and “regulations”in Schedule 20. Section 168(1) applies, by virtue of section 66(2) of the Social Security Pensions Act 1975 (c. 60), to the exercise of certain powers conferred by that Act.

[^c2180657]: 1975 c. 60. Section 52C and Schedule 1A were inserted by the Social Security Act 1985 (c. 53), section 2 and Schedule 1.

[^c2180658]: See section 68(1) and (2) of the Social Security Act 1973 and section 61(2) and (3) of the Social Security Pensions Act 1975; sections 68(1) and 61(2) are amended in ways not relevant to these Regulations.

[^c2180659]: S.I. 1984/380; the relevant amending instrument is S.I. 1986/317.

[^c2180660]: S.I. 1984/614, to which there are amendments not relevant to these Regulations.

[^c2180661]: S.I. 1985/1929, amended by S.I. 1986/2171.

[^c2180662]: S.I. 1985/1930, amended by S.I. 1986/751.

[^key-09ea94722f1c04e6aca32af0db1e5b54]: Words in reg. 6 substituted (12.5.1994) by The Occupational and Personal Pension Schemes (Consequential Amendments) Regulations 1994 (S.I. 1994/1062), reg. 1(2), Sch. 2 para. 13

[^key-44d0b84067d66d4ed581253e5bf34a98]: Reg. 4 revoked (6.4.1997) by The Occupational Pension Schemes (Discharge of Liability) Regulations 1997 (S.I. 1997/784), reg. 1(1), Sch. 2

[^M_F_87bbb6db-6742-4080-f6c1-91784d8340a1]: Reg. 2 revoked (6.4.1991) by S.I. 1996/1172, reg. 1(1), Sch. 2

[^M_F_8b0285cf-3b11-4e91-edb3-17ad07271a21]: Reg. 3 revoked (28.2.1991) by S.I. 1991/167, reg. 1(1), Sch. 2

[^M_F_485ca48b-5b84-4b8c-b5b7-8af47595b7bf]: Reg. 5 revoked (28.2.1991) by S.I. 1991/168, reg. 1(2), Sch.

[^M_F_eb7ae245-eddc-4927-da64-ef56c434365f]: Reg. 6(a) substituted (28.2.1991) by S.I. 1991/167, reg. 1(2), Sch. 1 para. 5

[^M_F_7baa1826-3c6a-4ee4-8edf-6eef35c956d7]: Words in reg. 6(b) substituted (28.2.1991) by S.I. 1991/167, reg. 1(2), Sch. 1 para. 5