Pension Schemes Act 1995

Total Page:16

File Type:pdf, Size:1020Kb

Pension Schemes Act 1995 c i e AT 11 of 1995 PENSION SCHEMES ACT 1995 Pension Schemes Act 1995 Index c i e PENSION SCHEMES ACT 1995 Index Section Page 1 Application of Pension Schemes Act 1993 etc ............................................................ 5 2 Orders under s 1(1): supplemental provisions ........................................................... 6 3 Short title .......................................................................................................................... 7 ENDNOTES 9 TABLE OF LEGISLATION HISTORY 9 TABLE OF RENUMBERED PROVISIONS 9 TABLE OF ENDNOTE REFERENCES 9 c AT 11 of 1995 Page 3 Pension Schemes Act 1995 Section 1 c i e PENSION SCHEMES ACT 1995 Received Royal Assent: 18 October 1995 Passed: 19 October 1995 Commenced: 19 October 1995 AN ACT to provide for the application to the Island of legislation relating to occupational pension schemes; and for connected purposes. 1 Application of Pension Schemes Act 1993 etc (1) The Treasury may by order apply to the Island as part of the law of the Island, subject to such exceptions, adaptations and modifications as may be specified in the order, any legislation of the United Kingdom to which this section applies.1 (2) This section applies to — (a) the Pension Schemes Act 1993 (an Act of Parliament) and the Pensions Act 1995 (an Act of Parliament);2 (b) any Act of Parliament or provision specified in an order under subsection (3); (c) any provision of an Act of Parliament amending, varying or modifying, directly or indirectly, any Act or provision referred to in paragraph (a) or (b); (d) any statutory instrument made or having effect as if made under any Act or provision referred to in paragraph (a) or (b). (3) The Treasury may by order specify for the purposes of subsection (2) any Act of Parliament, or any provision of an Act of Parliament, passed after this Act and relating to pension schemes.3 (4) An order under subsection (1) or (3) shall not have effect unless it is approved by Tynwald. (5) In this section “pension scheme” means any scheme or arrangement which is comprised in one or more instruments or agreements and which has, or is capable of having, effect so as to provide benefits, in the form of pensions or otherwise, payable on termination of service, or on death or retirement, to or in respect of persons engaged in any employment. c AT 11 of 1995 Page 5 Section 2 Pension Schemes Act 1995 2 Orders under s 1(1): supplemental provisions (1) An order under section 1(1) may include provision repealing or amending any statutory provision (other than this Act) which is inconsistent with, or is unnecessary or requires modification in consequence of, the order or any legislation applied to the Island by the order. (2) Any provision of an order under section 1(1) may be made retrospective and be deemed to have had effect from such day or days as may be specified in the order, not being earlier than the date from which the relevant legislation had effect in the United Kingdom; but a provision made by virtue of this subsection may not impose any penalty or increased penalty in respect of anything done or omitted to be done before the day on which the order comes into operation. (3) An order under section 1(1) may do all or any of the following — (a) specify the exceptions, adaptations and modifications subject to which the relevant legislation applies to the Island; (b) set out the relevant legislation applied by the order, incorporating any exceptions, adaptations and modifications subject to which it applies to the Island; (c) in the case of an order applying legislation which amends previous legislation applied to the Island, set out the previous legislation so applied, as amended, incorporating any exceptions, adaptations and modifications subject to which that legislation applies to the Island. (4) The Treasury shall, as soon as may be after the coming into operation of an order under section 1(1) (except an order setting out the relevant legislation in accordance with subsection (3)(b) or (c)), prepare — (a) a text of the legislation applied by the order; or (b) in the case of an order applying legislation which amends previous legislation applied to the Island, a text of the previous legislation so applied, as amended; (c) in the case of an order amending a previous order under section 1(1), a text of the legislation applied by the previous order, as it has effect by virtue of the previous order as amended; incorporating any exceptions, adaptations and modifications specified in the order and in any previous order having effect in relation thereto.4 (5) The Treasury shall — (a) make a copy of the text prepared under subsection (4) available for public inspection free of charge at its principal office at all times when that office is open to the public; and Page 6 AT 11 of 1995 c Pension Schemes Act 1995 Section 3 (b) supply a copy of the said text to any person requesting the same, at such reasonable charge as the Treasury may determine.5 6 3 Short title This Act may be cited as the Pension Schemes Act 1995. c AT 11 of 1995 Page 7 Pension Schemes Act 1995 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commencement Table of Renumbered Provisions Original Current Table of Endnote References 1 Subs (1) amended by SD155/10 Sch 6 and by SD2014/08. 2 Para (a) amended by Statute Law Revision Act 1997 Sch 1. 3 Subs (3) amended SD2014/08. 4 Subs (4) amended SD2014/08. 5 Para (b) amended by SD2014/08. 6 Subs (5) amended SD2014/08. c AT 11 of 1995 Page 9 .
Recommended publications
  • Pensions Act 2008 (C
    (SD851/09) Pensions Act 2008 (c. 30) Contents The Pensions Act 2008 (Application) Order 2009 (SD851/09) was made 14 November 2009 and approved by Tynwald 19 January 2010. Article 3(1) of that Order provides that “the applied legislation” means the legislation applied by article 4 which is the Pensions Act 20081, as modified and shown in the Schedule to that Order. Article 2(2) of that Order provides that once it is approved by Tynwald, each provision of the applied legislation shall come into operation, or shall be deemed to have come into operation, at the same time as the equivalent provision commenced in Great Britain2. PENSIONS ACT 2008 CHAPTER 30 CONTENTS Part 1 - Pension scheme membership for jobholders 1. to 99. (Not applied) Part 2 - Simplification etc Private pensions 100. Abolition of safeguarded rights 101. Revaluation of accrued benefits etc State pensions etc 102. Consolidation of additional pension (Repealed) 103. Effect of entitlement to guaranteed minimum pension (Repealed) 104. Additional pension etc: minor and consequential amendments 105. State pension credit: extension of assessed income period for those aged 75 or over (Not applied) 106. Contracting-out: abolition of all protected rights Part 3 - Pension compensation Chapter 1 - Pension compensation on divorce etc (Not applied) Chapter 2 - Other provision about pension compensation (Not applied) Part 4 - Financial assistance scheme (Not applied) Part 5 - Miscellaneous Miscellaneous provision relating to pensions (Not applied) State and official pensions 135. Additional Class 3 contributions 136. Additional Class 3 contributions (Northern Ireland) (Not applied) 137. Official pensions: adjustment of increases in survivors’ pensions 138.
    [Show full text]
  • Pension Schemes Act 1993 (C. 48) Contents
    (SD531/95) Pension Schemes Act 1993 (c. 48) Contents The Pension Schemes Act 1993 (Application) Order 1995 (SD531/95) was made 25 October 1995 and approved by Tynwald 12 December 1995. Article 2(1) of that Order provides that in that Order “the applied legislation” means the Pension Schemes Act 19931 and paragraphs 56 to 58 of Schedule 1 to the Social Security (Incapacity for Work) Act 19942 which amends the Pension Schemes Act 1993, and are set out in the Schedule to the Order. Article 1(1) provides that the Order subject to section 1(4) of the Pension Schemes Act 1995 and to paragraph (2), shall come into operation on 1st January 1996. Article 1(2) provides that subject to paragraph (3), except so far as it imposes any penalty or increased penalty in respect of anything done or omitted to be done before the date mentioned in paragraph (1), any provision of this Order applying any legislation of the United Kingdom to the Island shall be deemed to have had effect from the day on which that legislation had effect in Great Britain. Article 1(3) provides that any provision of this Order applying any provision of legislation of the United Kingdom, so far as the latter repeals any provision of legislation of the United Kingdom imposing a penalty for any contravention (a “penal provision”), shall have effect from the date specified in paragraph (1) as if the penal provision related to a contravention of the corresponding provision of the applied legislation3. PENSION SCHEMES ACT 1993 CHAPTER 48 ARRANGEMENT OF SECTIONS Part I - Preliminary 1.
    [Show full text]
  • Red Tape Robin Ellison Frontmatter More Information
    Cambridge University Press 978-1-108-42695-4 — Red Tape Robin Ellison Frontmatter More Information RED TAPE Red Tape tells the sometimes astonishing story of the making of laws, both good and bad, the recent explosion in rule making and the failure of repeated attempts to rationalise the statute books – even governments themselves are concerned about the increasing number and complexity of our laws. Society requires the rule of law, but the rule of too much law means that the general public faces frustrating excesses created by overzeal- ous regulators and lawmakers. Robin Ellison reveals the failure of repeated attempts to limit the number and complexity of new laws, and the expan- sion of regulators. He challenges the legislature to introduce fewer yet bet- ter laws and regulators by encouraging lawmakers to adopt practices that improve the eiciency of the law and the lives of everyone. Too much law leads to frustration for all – Red Tape is a long overdue exposé of our legal system for practitioners and consumers alike. robin ellison is a solicitor, a consultant with an international law irm, Pinsent Masons, where he specialises in the development of pensions and related inancial services products for insurers and other providers, and is the Cass Business School Professor of Pensions Law and Economics, City, University of London. He acts for a number of governments and govern- ment agencies and has been an adviser to the House of Commons Select Committee on Work and Pensions. © in this web service Cambridge University Press www.cambridge.org
    [Show full text]
  • A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law
    A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law Lesley-Anne Barnes Macfarlane LLB (Hons), Dip LP, PGCE, LLM A thesis submitted in partial fulfilment of the requirements of Edinburgh Napier University, for the award of Doctor of Philosophy May 2014 1 Acknowledgements I would like to express my sincere gratitude to my supervisors, Dr Richard Whitecross and Dr Sandra Watson, for giving me their time, guidance and assistance in the writing up of my PhD Critical Appraisal of published works. I am indebted to my parents, Irene and Dennis, for a lifetime of love and support. Many thanks are also due to my family and friends for their ongoing care and companionship. In particular, I am very grateful to Professors Elaine E Sutherland and John P Grant for reading through and commenting on my section on Traditional Legal Research Methods. My deepest thanks are owed to my husband, Ross, who never fails in his love, encouragement and practical kindness. I confirm that the published work submitted has not been submitted for another award. ………………………………………… Lesley-Anne Barnes Macfarlane Citations and references have been drafted with reference to the University’s Research Degree Reference Guide 2 CONTENTS VOLUME I Abstract: PhD by Published Works Page 8 List of Evidence in Support of Thesis Page 9 Thesis Introduction Page 10 (I) An Era of Change in the Individual’s Rights, Status and Capacity in Scots Law (II) Conceptual Framework of Critical Analysis: Rights,
    [Show full text]
  • Pensions Act 1995 (C
    (SD501/97, Schedules 1 & 2) Pensions Act 1995 (c. 26) Contents The Pensions Act 1995 (Application) Order 1997 (SD501/97) was made 23 September 1997 and approved by Tynwald 22 October 1997. Article 2(1) provides that in that Order “the applied legislation” means the provisions of the Pensions Act 19951 specified in Article 3(1) and (2). Article 3(1) provides that the following provisions of the Pensions Act 1995, as modified and shown as Schedule 1 to the Order, shall apply to the Island as part of the law of the Island - (a) Part II (state pensions), including Schedule 4; (b) Part III (certification of pension schemes etc.), including Schedule 5, but excluding section 150; (c) in Part IV (miscellaneous and general), sections 155 to 160, 162 to 164, 171 to 173, 176, 177, 180 and 181, including Schedules 6 and 7. Article 3(2) provides that the following provisions of the Pensions Act 1995, as modified and shown as Schedule 2 to the Order, shall apply to the Island as part of the law of the Island - (a) in Part I (occupational pensions), sections 40, 47, 49, 51 to 55, 73, 90 and 117 to 119 and 121 to 125; (b) in Part IV (miscellaneous and general), sections 174 and 175, for the purposes only of the application to the Island of the provisions specified in article 3(1) and of any subordinate legislation made under any of those provisions and applied to the Island. Article 1(2) provides that each provision of the applied legislation, as modified, shall come into force or be deemed to have come into force as the case may be, on the same day as that provision came into force in Great Britain2.
    [Show full text]
  • Draft Occupational and Personal Pension Schemes (Disclosure Of
    STATUTORY INSTRUMENT S 2022 No. PENSIONS Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2022 Made - - - - *** Laid before Parliament *** Coming into force - - 6th April 2022 The Secretary of State, in exercise of the powers conferred by sections 113(1) and (3), 181(1) to (3) and 183(1) of the Pension Schemes Act 1993(a), makes the following Regulations. In accordance with section 185(1) of the Pension Schemes Act 1993(b), the Secretary of State has consulted such persons as the Secretary of State considers appropriate. Citation and commencement 1.—(1) These Regulations may be cited as the Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2022 and come into force on 6th April 2022. Amendment of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 2.—(1) Regulation 17 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (statement of benefits: money purchase benefits)(c) is amended as follows. (2) After paragraph (10) insert— “(11) Paragraph (12) applies where— (a) information must be given in accordance with paragraph (1) by the trustees or managers of a qualifying scheme to a member, and (b) the qualifying scheme is a scheme under which all the benefits which may be payable are money purchase benefits. (12) Where this paragraph applies— (a) 1993 c. 48. Section 113(1) was amended by section 52(1) of the Child Support, Pensions and Social Security Act 2000, and is amended by section 38(1) and (2) of the Pension Schemes Act 2015 (c. 8) (“the 2015 Act”); section 113(5) to (7) was inserted by section 44(1) of the Pensions Act 2014 (c.
    [Show full text]
  • Collective Money Purchase Schemes) Regulations 2021
    Draft Regulations laid before Parliament under section 54(2)(g) of the Pensions Act 2014 and section 51(5) of the Pension Schemes Act 2021, for approval by resolution of each House of Parliament. DRAFT STATUTORY INSTRUMENTS 2021 No. PENSIONS The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2021 Made - - - - *** Coming into force - - *** CONTENTS PART 1 Introductory provision 1. Citation and Commencement 2. Interpretation and notices 3. Connected employers PART 2 Schemes divided into sections 4. Qualifying schemes 5. Schemes divided into sections PART 3 Authorisation 6. Authorisation: contents 7. Application for authorisation: fee 8. Fit and proper persons requirement 9. Scheme design requirement: viability certificate 10. Scheme design requirement: viability report 11. Scheme design requirement 12. Financial sustainability requirement 13. Communication requirement 14. Systems and processes requirement 15. Continuity strategy: contents 16. Continuity strategy: administration charges PART 4 Valuation and benefit adjustment 17. Calculation of benefits 18. Advice of the scheme actuary 19. Actuarial valuation 20. Reporting requirements relating to benefit adjustments 21. Powers of the pensions regulator PART 5 Ongoing supervision 22. Supervisory return: contents 23. Significant events 24. Risk notices PART 6 Triggering events and continuity options 25. Triggering events: notification requirements 26. Implementation strategy: approval 27. Implementation strategy: charges 28. Implementation strategy: content 29. Continuity option 1: discharge of liabilities and winding up 30. Continuity option 2: resolving the triggering event 31. Continuity option 3: conversion to closed scheme 32. Periodic reporting requirement 33. Pause orders 34. Administration charges during a triggering event period PART 7 Collective money purchase benefits – amendments to secondary legislation 35.
    [Show full text]
  • Pension Schemes Bill Delegated Powers
    Pension Schemes Bill Delegated Powers Memorandum from DWP to the Delegated Powers and Regulatory Reform Committee June 2014 Pension Schemes Bill Delegated Powers Contents Introduction................................................................................................................. 3 Background and Summary ......................................................................................... 4 Analysis of delegated powers by clause..................................................................... 7 Annex – Delegated powers in the Pension Schemes Bill ......................................... 30 Pension Schemes Bill Delegated Powers Introduction 1. The Pension Schemes Bill was introduced in the House of Commons on 26th June 2014. 2. This memorandum identifies the provisions for delegated legislation in the Bill. It explains the purpose of the powers, the reasons why they are left to delegated legislation, the Parliamentary procedure selected for the exercise of these powers and why that procedure has been chosen. 3. The Department has followed the precedent in pensions legislation by setting out the overall legislative framework on the face of the Bill but giving the Secretary of State the power to make detailed provision in secondary legislation. This is due partly to the fact that it is considered inappropriate for Parliamentary time to be spent on every detailed provision during the passage of the Bill, but is also a reflection of the fact that the content of such provisions may change from time to time. It is desired to avoid amending the primary legislation on each such occasion. However, both the initial provisions and any subsequent changes will be subject to what are considered to be appropriate Parliamentary safeguards. 3 Pension Schemes Bill Delegated Powers Background and Summary 4. In November 2013, the Government published a consultation paper, Reshaping workplace pensions for future generations, which outlined broad proposals for encouraging greater innovation and risk-sharing in private pension arrangements in the UK.
    [Show full text]
  • Pension Schemes Act 1993
    Pension Schemes Act 1993 CHAPTER 48 LONDON: HMSO Pension Schemes Act 1993 CHAPTER 48 IA Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.j ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Categories of pension schemes. PART II ADMINISTRATION The Occupational Pensions Board 2. Constitution and functions of the Board. 3. Membership of the Board. 4. Reports of the Board. 5. Further provisions as to constitution and procedure of the Board. Registration of schemes 6. Registration of occupational and personal pension schemes. PART III CERTIFICATION OF PENSION SCHEMES AND EFFECTS ON MEMBERS' STATE SCHEME RIGHTS AND DUTIES CHAPTER I CERTIFICATION Preliminary 7. Issue of contracting-out and appropriate scheme certificates. 8. Meaning of "contracted-out employment", "guaranteed minimum pension" and "minimum payment". General requirements for cation 9. Requirements for certification of schemes: general. c. 48 Pension Schemes Act 1993 Section 10. Protected rights and money purchase benefits. 11. Elections as to employments covered by contracting-out certificates. 12. Determination of basis on which scheme is contracted-out. Requirements for cation of occupational pension schemes providing guaranteed minimum pensions 13. Minimum pensions for earners. 14. Earner's guaranteed minimum. 15. Increase of guaranteed minimum where commencement of guaranteed minimum pension postponed. 16. Revaluation of earnings factors for purposes of s. 14: early leavers etc. 17. Minimum pensions for widows and widowers. 18. Treatment of insignificant amounts. 19. Discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts. 20. Transfer of accrued rights.
    [Show full text]
  • Pension Schemes Bill [HL]
    [NOTE: The words marked in bold type were inserted by the Lords to avoid questions of privilege.] Pension Schemes Bill [HL] EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Work and Pen- sions, have been ordered to be published as Bill 165–EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Thérèse Coffey has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Pension Schemes Bill [HL] are compatible with the Convention rights. Bill 165 58/1 Pension Schemes Bill [HL] CONTENTS PART 1 COLLECTIVE MONEY PURCHASE BENEFITS Definitions 1 Collective money purchase benefits and schemes 2 Qualifying benefits 3 Qualifying schemes 4 Qualifying schemes: supplementary 5 Schemes divided into sections 6 Amendment of definitions of “money purchase benefits” etc Authorisation 7 Authorisation of collective money purchase schemes 8 Application for authorisation 9 Decision on application 10 Reference to Tribunal of refusal to grant authorisation Authorisation criteria 11 Fit and proper persons requirement 12 Scheme design requirement 13 Viability report 14 Financial sustainability requirement 15 Communication requirement 16 Systems and processes requirements 17 Continuity strategy requirement Valuation and benefit adjustment 18 Calculation of benefits 19 Advice of scheme actuary 20 Actuarial valuations 21 Certificate that actuarial valuation prepared in accordance with scheme rules 22 Benefits adjustments 23 Powers of the Pensions Regulator Bill 165 58/1 ii Pension
    [Show full text]
  • The Occupational and Personal Pension Schemes (General Levy) Regulations 2005
    Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Occupational and Personal Pension Schemes (General Levy) Regulations 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes STATUTORY INSTRUMENTS 2005 No. 626 PENSIONS The Occupational and Personal Pension Schemes (General Levy) Regulations 2005 Made - - - - 9th March 2005 Laid before Parliament 10th March 2005 Coming into force - - 1st April 2005 The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 168(1) and (4), 175, 181(1) and 182(2) and (3) of the Pension Schemes Act 1993 F1, and of all other powers enabling him in that behalf, by this instrument, which is consequential on sections 59 and 239(3) of and paragraph 26 of Schedule 1 and paragraph 28 of Schedule 12 to the Pensions Act 2004 F2, and is made before the end of the period of six months beginning with the coming into force of that Act, hereby makes the following Regulations: F1 1993 c. 48. Section 175 was substituted by section 165 of the Pensions Act 1995 (c. 26) and amended by paragraph 26 of Schedule 1, paragraph 28 of Schedule 12 and Part 1 of Schedule 13 to the Pensions Act 2004 (c. 35). Section 181(1) is cited for the meaning given to “prescribed” and “regulations”. F2 2004 c. 35. See section 185 of the Pension Schemes Act 1993 which provides that the Secretary of State must consult such persons as he may consider appropriate before making regulations for the purposes of section 175 of that Act.
    [Show full text]
  • Pensions Act 2008
    Pensions Act 2008 CHAPTER 30 CONTENTS PART 1 PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS CHAPTER 1 EMPLOYERS’ DUTIES Jobholders 1 Jobholders Employers’ duties 2 Continuity of scheme membership 3Automatic enrolment 4 Postponement of automatic enrolment 5 Automatic re-enrolment 6 Timing of automatic re-enrolment 7 Jobholder’s right to opt in 8 Jobholder’s right to opt out Duty in relation to workers without qualifying earnings 9 Workers without qualifying earnings Supplementary provision about the duties 10 Information to be given to workers 11 Information to be given to the Pensions Regulator 12 Introduction of employers’ duties ii Pensions Act 2008 (c. 30) Qualifying earnings 13 Qualifying earnings 14 Review of qualifying earnings band 15 Pay reference period Qualifying schemes and automatic enrolment schemes 16 Qualifying schemes 17 Automatic enrolment schemes 18 Occupational pension schemes 19 Personal pension schemes Quality requirements 20 Quality requirement: UK money purchase schemes 21 Quality requirement: UK defined benefits schemes 22 Test scheme standard 23 Test scheme 24 Quality requirement: UK hybrid schemes 25 Quality requirement: non-UK occupational pension schemes 26 Quality requirement: UK personal pension schemes 27 Quality requirement: other personal pension schemes 28 Sections 20, 24 and 26: certification that quality requirement is satisfied Transitional 29 Transitional periods for money purchase and personal pension schemes 30 Transitional period for defined benefits and hybrid schemes Miscellaneous 31 Effect of freezing order or assessment period 32 Power of trustees to modify by resolution 33 Deduction of contributions CHAPTER 2 COMPLIANCE Effect of failure to comply 34 Effect of failure to comply Compliance notices and unpaid contributions notices 35 Compliance notices 36 Third party compliance notices 37 Unpaid contributions notices 38 Calculation and payment of contributions 39 Meaning of “relevant contributions” Penalty notices 40 Fixed penalty notices Pensions Act 2008 (c.
    [Show full text]