LegalizeThe Occupational Pension Schemes (Winding up etc.) Regulations 2005
1993 c. 48. Section 9 is amended by sections 136(3) and (4), 151 and 177 of, and paragraphs 21 and 24 of Schedule 5 and Part 3 of Schedule 7 to, the Pensions Act 1995 (c. 26) and section 1(1) of, and paragraph 35(1) to (4) of Schedule 1 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 25(2) is substituted by paragraph 33(b) of Schedule 5 to the Pensions Act 1995 and amended by paragraph 40(a) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999. Section 97 is amended by paragraph 4 of Schedule 6 to the Pensions Act 1995 and by section 56 of, and paragraph 8(1) of Schedule 5 to, the Child Support, Pensions and Social Security Act 2000 (c. 19). Sections 101I and 101L are inserted by section 37 of the Welfare Reform and Pensions Act 1999 (c. 30). Section 113 was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and by section 52 of the Child Support, Pensions and Social Security Act 2000. Section 181(1) is cited for the meaning it gives to “prescribe” and “regulations”. Section 183(3) was amended by sections 122, 173 and 177 of, and paragraph 45 of Schedule 3, paragraph 15(b) of Schedule 6 and Part 1 of Schedule 7 to, the Pensions Act 1995, and by section 84(1) of, and paragraphs 28 and 42 of Schedule 12 to, the Welfare Reform and Pensions Act 1999.
1995 c. 26. Section 73 is substituted and sections 73A and 73B are inserted by section 270(1) of the Pensions Act 2004 (c. 35). Section 74(2) is amended by sections 270(2)(b) and 320 of, and Part 1 of Schedule 13 to, that Act. Section 74(3)(e) is inserted by section 270(2)(c) of that Act. Section 118(2) was amended by section 47(3) of the Child Support, Pensions and Social Security Act 2000. Section 124(1) is cited for the meaning it gives to “prescribed” and “regulations”. Subsections (3A) to (3E) are inserted into section 124 by section 49(2) of the Child Support, Pensions and Social Security Act 2000.
Seesection 185 of the Pension Schemes Act 1993 and section 120 of the Pensions Act 1995 which provide that the Secretary of State must consult such persons as he may consider appropriate before making regulations for the purposes of the provisions for the purposes of which these Regulations are made. This duty does not apply where regulations are made before the end of the period of six months beginning with the coming into force of any enactment upon which the regulations are consequential.
See section 83(11) of the Welfare Reform and Pensions Act 1999.
Section 615(6) was amended by section 79 of, and paragraph 11 of Schedule 10 to, the Finance Act 1999 (c. 16).
Section 23 is substituted by section 36(3) of the Pensions Act 2004.
Section 611A was inserted by section 75 of, and paragraph 15 of Schedule 6 to, the Finance Act 1989 (c. 26) and amended by section 52(1) of, and paragraph 5 of Schedule 5 to, the Finance Act 1999. The definition of “relevant benefits” was amended by section 79 of, and paragraph 10(1) of Schedule 10 to, the Finance Act 1999.
Paragraphs 5, 15 and 19 are modified in their application to cash balance schemes by regulation 25 of the Pension Protection Fund (Compensation) Regulations 2005 (S.I. 2005/670).
Paragraph 23A is inserted by regulation 3 of the Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 2005 (S.I 2005/705).
Regulation 3(4) of the Pension Protection Fund (Hybrid Schemes) (Modification) Regulations 2005 modifies Schedule 7 in its application to hybrid schemes so that it reads as if it contained paragraph 31A.
Sub-paragraph (6B) is inserted by regulation 22 of the Pension Protection Fund (Compensation) Regulations 2005.
Chapter 5 of Part 4 of the Pension Schemes Act 1993 is inserted by section 264 of the Pensions Act 2004.
Section 73A is inserted by section 270 of the Pensions Act 2004.
Section 73B is inserted by section 270 of the Pensions Act 2004.
Regulation 4(1) is amended by regulation 2 of S.I. 2004/403 and regulation 2(2) of S.I. 2005/72. (See also regulations 4A and 4B which are inserted respectively by regulation 3(3) of S.I. 2002/380 and regulation 2(5) of S.I. 2004/403). Regulation 4C is inserted by regulation 2(4) of S.I. 2005/72.
Section 74(3)(c) was amended by S.I. 2001/3649.
S.I. 1996/1536; relevant amending instruments are S.I. 1997/786 and 2000/2691.
The publication GN19 may be obtained from the Institute of Actuaries, Staple Inn Hall, High Holborn, London WC1V 7QJ and from the Faculty of Actuaries, Maclaurin House, 18 Dublin Street, Edinburgh EH1 3PP.
Section 74(2) and (4) is amended by sections 270(2)(b) and (d) and 320 of, and Part 1 of Schedule 13 to, the Pensions Act 2004.
Paragraph (e) is inserted by section 270(2)(c) of the Pensions Act 2004.
S.I. 1996/1172; relevant amending instruments are S.I. 1997/786, 2000/2975 and 2002/681.
S.I. 1997/785; the relevant amending instrument is S.I. 2002/681.
Regulation 12 is amended by S.I. 1997/786 and the Schedule to these Regulations. Regulations 12A and 12B are inserted by the Schedule to these Regulations.
Regulation 7(3)(b)(iv) is amended by S.I. 1997/786.
Regulation 8 is amended by S.I. 2003/1727.
The publication GN11 may be obtained from the Institute of Actuaries, Staple Inn Hall, High Holborn, London WC1V 7QJ and from the Faculty of Actuaries, Maclaurin House, 18 Dublin Street, Edinburgh EH1 3PP.
Section 93A is inserted by section 153 of the Pensions Act 1995 and amended by section 84(1) of, and paragraph 34 of Schedule 12 to, the Welfare Reform and Pensions Act 1999.
S.I. 2000/1052 as amended by S.I. 2000/2691 and 2003/1727.
S.I. 2000/1053; the relevant amending instrument is S.I. 2003/1727.
S.I. 2000/1054; the relevant amending instruments are S.I. 2000/2691 and 2003/1727.
Regulation 3 was amended by S.I. 1999/3198 and 2004/1140.
Regulation 12 was amended by S.I. 1997/786.
S.I. 1996/1172; the relevant amending instrument is S.I. 1997/786.
S.I. 1996/1536; the relevant amending instrument is S.I. 2004/3031.
S.I. 1996/1655; the relevant amending instrument is S.I. 1997/786.
S.I. 1996/2156, to which there are amendments not relevant to these Regulations.
S.I. 1997/785, to which there are amendments not relevant to these Regulations.
Winding up
Schemes to which section 73 of the 1995 Act does not apply
Corresponding PPF liability: modifications of the pension compensation provisions etc.
Early leaver's rights: deemed election for contribution refund
Adjustments to discretionary awards
Adjustments to survivors' benefits
Entitlement to death benefits treated as arising before commencement of winding up period
Calculation of the value or amount of scheme assets and liabilities
Discharge of liabilities during assessment period
Requirements to be met where liabilities discharged on winding up
Commencement of winding up
Multi-employer sectionalised schemes, schemes with partial government guarantee and partly foreign schemes
Consequential amendments
Transfer values
Amendments of the Occupational Pension Schemes (Transfer Values) Regulations 1996
Pension sharing
Amendments of the Pension Sharing (Valuation) Regulations 2000
Amendments of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000
Amendments of the Pension Sharing (Pension Credit Benefit) Regulations 2000
Editorial notes
1993 c. 48. Section 9 is amended by sections 136(3) and (4), 151 and 177 of, and paragraphs 21 and 24 of Schedule 5 and Part 3 of Schedule 7 to, the Pensions Act 1995 (c. 26) and section 1(1) of, and paragraph 35(1) to (4) of Schedule 1 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 25(2) is substituted by paragraph 33(b) of Schedule 5 to the Pensions Act 1995 and amended by paragraph 40(a) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999. Section 97 is amended by paragraph 4 of Schedule 6 to the Pensions Act 1995 and by section 56 of, and paragraph 8(1) of Schedule 5 to, the Child Support, Pensions and Social Security Act 2000 (c. 19). Sections 101I and 101L are inserted by section 37 of the Welfare Reform and Pensions Act 1999 (c. 30). Section 113 was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and by section 52 of the Child Support, Pensions and Social Security Act 2000. Section 181(1) is cited for the meaning it gives to “prescribe” and “regulations”. Section 183(3) was amended by sections 122, 173 and 177 of, and paragraph 45 of Schedule 3, paragraph 15(b) of Schedule 6 and Part 1 of Schedule 7 to, the Pensions Act 1995, and by section 84(1) of, and paragraphs 28 and 42 of Schedule 12 to, the Welfare Reform and Pensions Act 1999.
1995 c. 26. Section 73 is substituted and sections 73A and 73B are inserted by section 270(1) of the Pensions Act 2004 (c. 35). Section 74(2) is amended by sections 270(2)(b) and 320 of, and Part 1 of Schedule 13 to, that Act. Section 74(3)(e) is inserted by section 270(2)(c) of that Act. Section 118(2) was amended by section 47(3) of the Child Support, Pensions and Social Security Act 2000. Section 124(1) is cited for the meaning it gives to “prescribed” and “regulations”. Subsections (3A) to (3E) are inserted into section 124 by section 49(2) of the Child Support, Pensions and Social Security Act 2000.
Seesection 185 of the Pension Schemes Act 1993 and section 120 of the Pensions Act 1995 which provide that the Secretary of State must consult such persons as he may consider appropriate before making regulations for the purposes of the provisions for the purposes of which these Regulations are made. This duty does not apply where regulations are made before the end of the period of six months beginning with the coming into force of any enactment upon which the regulations are consequential.
See section 83(11) of the Welfare Reform and Pensions Act 1999.
Section 23 is substituted by section 36(3) of the Pensions Act 2004.
Section 611A was inserted by section 75 of, and paragraph 15 of Schedule 6 to, the Finance Act 1989 (c. 26) and amended by section 52(1) of, and paragraph 5 of Schedule 5 to, the Finance Act 1999. The definition of “relevant benefits” was amended by section 79 of, and paragraph 10(1) of Schedule 10 to, the Finance Act 1999.
Paragraphs 5, 15 and 19 are modified in their application to cash balance schemes by regulation 25 of the Pension Protection Fund (Compensation) Regulations 2005 (S.I. 2005/670).
Paragraph 23A is inserted by regulation 3 of the Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 2005 (S.I 2005/705).
Regulation 3(4) of the Pension Protection Fund (Hybrid Schemes) (Modification) Regulations 2005 modifies Schedule 7 in its application to hybrid schemes so that it reads as if it contained paragraph 31A.
Sub-paragraph (6B) is inserted by regulation 22 of the Pension Protection Fund (Compensation) Regulations 2005.
Chapter 5 of Part 4 of the Pension Schemes Act 1993 is inserted by section 264 of the Pensions Act 2004.
Section 73A is inserted by section 270 of the Pensions Act 2004.
Section 73B is inserted by section 270 of the Pensions Act 2004.
Regulation 4(1) is amended by regulation 2 of S.I. 2004/403 and regulation 2(2) of S.I. 2005/72. (See also regulations 4A and 4B which are inserted respectively by regulation 3(3) of S.I. 2002/380 and regulation 2(5) of S.I. 2004/403). Regulation 4C is inserted by regulation 2(4) of S.I. 2005/72.
Section 74(3)(c) was amended by S.I. 2001/3649.
S.I. 1996/1536; relevant amending instruments are S.I. 1997/786 and 2000/2691.
The publication GN19 may be obtained from the Institute of Actuaries, Staple Inn Hall, High Holborn, London WC1V 7QJ and from the Faculty of Actuaries, Maclaurin House, 18 Dublin Street, Edinburgh EH1 3PP.
Section 74(2) and (4) is amended by sections 270(2)(b) and (d) and 320 of, and Part 1 of Schedule 13 to, the Pensions Act 2004.
Paragraph (e) is inserted by section 270(2)(c) of the Pensions Act 2004.
S.I. 1996/1172; relevant amending instruments are S.I. 1997/786, 2000/2975 and 2002/681.
S.I. 1997/785; the relevant amending instrument is S.I. 2002/681.
Regulation 12 is amended by S.I. 1997/786 and the Schedule to these Regulations. Regulations 12A and 12B are inserted by the Schedule to these Regulations.
Regulation 7(3)(b)(iv) is amended by S.I. 1997/786.
Regulation 8 is amended by S.I. 2003/1727.
The publication GN11 may be obtained from the Institute of Actuaries, Staple Inn Hall, High Holborn, London WC1V 7QJ and from the Faculty of Actuaries, Maclaurin House, 18 Dublin Street, Edinburgh EH1 3PP.
Section 93A is inserted by section 153 of the Pensions Act 1995 and amended by section 84(1) of, and paragraph 34 of Schedule 12 to, the Welfare Reform and Pensions Act 1999.
S.I. 2000/1052 as amended by S.I. 2000/2691 and 2003/1727.
S.I. 2000/1053; the relevant amending instrument is S.I. 2003/1727.
S.I. 2000/1054; the relevant amending instruments are S.I. 2000/2691 and 2003/1727.
Regulation 3 was amended by S.I. 1999/3198 and 2004/1140.
Regulation 12 was amended by S.I. 1997/786.
S.I. 1996/1172; the relevant amending instrument is S.I. 1997/786.
S.I. 1996/1655; the relevant amending instrument is S.I. 1997/786.
S.I. 1997/785, to which there are amendments not relevant to these Regulations.
Sch. para. 9 revoked (30.12.2005) by The Occupational Pension Schemes (Scheme Funding) Regulations 2005 (S.I. 2005/3377), reg. 1, Sch. 5 (with Sch. 4)
Reg. 14 revoked (6.4.2006 for certain purposes) by Occupational Pension Schemes (Payments to Employer) Regulations 2006 (S.I. 2006/802), reg. 1, Sch. 2
Reg. 3(1)(j)(i) substituted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 12(2)(a)
Reg. 3(1)(k)(i) substituted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 12(2)(b)(i)
Word in reg. 3(1)(k)(ii) inserted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 12(2)(b)(ii)
Word in reg. 3(1)(l) omitted (6.4.2007) by virtue of Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 12(2)(c)
Reg. 3(1)(m) omitted (6.4.2007) by virtue of Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 12(2)(d)
Words in reg. 8(4)(a) substituted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 12(3)
Reg. 3(1)(ca) inserted (1.9.2009) by Occupational Pension Schemes (Scottish Parliamentary Pensions Act 2009) Regulations 2009 (S.I. 2009/1906), reg. 1, Sch. para. 4
Words in reg. 6(6) substituted (6.4.2014) by The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (S.I. 2013/2734), reg. 1(1), Sch. 9 para. 13(2)
Words in reg. 7(6) substituted (6.4.2014) by The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (S.I. 2013/2734), reg. 1(1), Sch. 9 para. 13(3)
Reg. 3(1)(h)(ii) and word omitted (31.12.2020) by virtue of The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192), regs. 1, 20(2); 2020 c. 1, Sch. 5 para. 1(1)
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.