SCHEDULES

SCHEDULE 12 Consequential amendments

Part I Amendments consequential on Parts III and IV

Pensions Act 1995 (c.26)

50

1

Section 38 is amended as follows.

2

In subsection (1), for the words from “that the scheme” to the end there is substituted—

a

that the scheme is not for the time being to be wound up but that no new members are to be admitted to it, or

b

that the scheme is not for the time being to be wound up but that no new members, except pension credit members, are to be admitted to it.

3

In subsection (2), the words from “but” to the end are omitted.

4

After that subsection there is inserted—

2A

Subsection (2) does not authorise the trustees to determine—

a

where there are accrued rights or pension credit rights to any benefit, that the benefit is not to be increased, or

b

where the power conferred by that subsection is exercisable by virtue of a determination under subsection (1)(b), that members of the scheme may not acquire pension credit rights under it.