SCHEDULES

SCHEDULE 4Abolition of contracting-out for defined contribution pension schemes

Part 1Amendments having effect as from abolition date

Pension Schemes Act 1993 (c. 48)

3

1

Section 8 (definitions of certain terms) is amended as follows.

2

In subsection (1) (definition of “contracted-out employment”) for the words from “he is under pensionable age” to the end of paragraph (a) substitute

a

he is under pensionable age;

aa

his service in the employment is for the time being service which qualifies him for a pension provided by an occupational pension scheme contracted out by virtue of satisfying section 9(2) (in this Act referred to as “a salary related contracted-out scheme”);

3

After subsection (1) insert—

1A

In addition, in relation to any period before the abolition date, the employment of an earner in employed earner's employment was “contracted-out employment” in relation to him during that period if—

a

he was under pensionable age;

b

his employer made minimum payments in respect of his employment to a money purchase contracted-out scheme, and

c

there was in force a contracting-out certificate issued in accordance with this Chapter (as it then had effect) stating that the employment was contracted-out employment by reference to the scheme.

4

In subsection (2) for “for the purposes of section 42A” substitute “ for the tax year in which the week falls as specified in an order made under section 42B (as it had effect before the abolition date) ”.