SCHEDULE 2MODIFICATIONS OF PENSIONS LEGISLATION, AND RELEVANT LEGAL REQUIREMENTS FOR THE PURPOSES OF ARTICLE 269
1
In this Schedule, a reference to a section of an Act or Article of an Order includes a reference to any subordinate legislation made or having effect as if made under that section or, as the case may be, that Article.
2
For the purposes of regulations 14 and 16—
a
the provisions of pensions legislation which are modified in their application to European members and European survivors of cross-border schemes, and
b
the relevant legal requirements for the purposes of Article 269,
are the provisions listed in Table 1.
Provisions of the 1995 Order | Subject matter |
|---|---|
Article 50(1) to (5) and (7) | Resolution of disputes |
3
For the purposes of regulations 14 and 16—
a
the provisions of pensions legislation which are modified in relation to European members and European survivors of cross-border schemes, other than European members of a cross-border scheme which is a pre-23rd September 2005 scheme who became members of that scheme before the commencement date and European survivors of such members, and
b
the relevant legal requirements for the purposes of Article 269,
are the provisions listed in Table 2.
Provisions of the Pension Schemes Act | Subject matter |
|---|---|
Sections 65 to 72, 77 and 7811 | Preservation of benefit under occupational schemes |
Sections 79 to 8212 | Revaluation of accrued benefits (excluding guaranteed minimum pensions) |
Sections 89 to 94, 95(1) to (4A), (7)(a) and (8), 96 and 9713 | Transfer values |
Sections 97AA to 97AI14 | Early leavers: cash transfer sums and contribution refunds |
Provisions of the 1995 Order | Subject matter |
Articles 51 to 5415 | Indexation |
Articles 89 to 9216 | Assignment, forfeiture, bankruptcy, etc. |
4
For the purposes of regulation 14, the other provisions of pensions legislation which are modified in their application to European members and European survivors of cross-border schemes are the provisions listed in Table 3.
Provisions of the Pension Schemes Act | Subject matter |
|---|---|
Section 95(7)(b)17 | Trustees' duties after exercise of option |
Provisions of the 1995 Order | Subject matter |
Article 50(6) | Resolution of disputes |
5
For the purposes of regulation 16, the other relevant legal requirements for the purposes of Article 269 are the provisions listed in Table 4.
Provisions of the Pension Schemes Act | Subject matter |
|---|---|
Sections 5 and 618 | General requirements for certification |
Sections 8A to 8D19 | Requirements for certification of occupational pension schemes |
Sections 9 to 17 and 1920 | Requirements for certification of occupational pension schemes providing guaranteed minimum pensions |
Sections 23 to 2921 | Requirements for certification of occupational and personal money purchase schemes |
Sections 33 and 3522 | Alteration of scheme rules after certification |
Section 41B23 | Money purchase and personal pension schemes: verification of ages |
Sections 46 and 4724 | Approval of arrangements for schemes ceasing to be certified |
Sections 48 to 5025 | Supervision of formerly certified schemes |
Sections 51 to 54 and 57 to 5926 | State scheme premiums |
Sections 64A to 64D27 | Safeguarded rights |
Sections 83 to 8828 | Protection of increases in guaranteed minimum pensions (“anti-franking”) |
Section 89A(1) to (3)29 | Salary related schemes: right to statement of entitlement |
Sections 105 and 10630 | Guaranteed minimum pensions |
Sections 125 to 12831 | Relationship between requirements and scheme rules |
Section 15532 | Inalienability of guaranteed minimum pension and protected rights payments |
Provisions of the 1999 Order | Subject matter |
Articles 12 and 13 | Pensions and bankruptcy |
Article 3733 | Other pension schemes |