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Regulation 12 Modifications of Part III of the 1993 Act on transfers of and transfer payments in respect of guaranteed minimum pensions from occupational pension schemes

Where a transfer to F1... a salary-related ... scheme, or a transfer payment to an overseas scheme, has taken place from an occupational pension scheme in accordance with regulations 3, 4 or 6 (or with regulation 2 of the Contracting-out (Transfer) Regulations 1985 M1), the 1993 Act shall have effect subject to the following modifications—

(a)

F2 where the transfer was of the accrued rights to guaranteed minimum pensions of an earner who was in employment which was contracted-out by reference to the receiving scheme, the modification of section 14(1) M2 (earner’s guaranteed minimum) specified in paragraph 3 of Schedule 2;

(b)

in the case of F3any other a transfer of the accrued rights of an earner to guaranteed minimum pensions, the modifications of sections 8(2) M3 (meaning of “guaranteed minimum pension"), F424A(1)(a) (conversion of guaranteed minimum pension into other benefits: introduction) 20(6) (transfer of accrued rights: meaning of “accrued rights") and 159 M4 (inalienability of guaranteed minimum pension and protected rights payments) specified in F5paragraphs 1, 1A, 4 and 5 of Schedule 2;

(c)

in the case of any transfer of the liability for payment of guaranteed minimum pensions to or in respect of a person who had become entitled to them, the modifications of F6sections 8(2), 24A(1)(a) and 159 specified in F7paragraphs 1, 1A and 5 of Schedule 2;

(d)

in the case of any transfer payment to an overseas scheme in respect of the accrued rights of an earner to guaranteed minimum pensions, the modification of section 46 M5 (effect of entitlement to guaranteed minimum pensions on payment of social security benefits) specified in paragraph 2 of Schedule 2.

Annotations

Textual amendments

F1

Words in reg. 12 omitted (6.4.2018) by virtue of The Contracting-out (Transfer and Transfer Payment) (Amendment) Regulations 2018 (S.I. 2018/234), regs. 1, 2(6)(a)

F2

Reg. 12(a) omitted (6.4.2016) by virtue of The Pensions Act 2014 (Abolition of Contracting-out for Salary Related Pension Schemes) (Consequential Amendments and Savings) Order 2016 (S.I. 2016/200), arts. 1(2), 4(8)(a) (with art. 5(1))

F3

Word in reg. 12(b) substituted (6.4.2016) by The Pensions Act 2014 (Abolition of Contracting-out for Salary Related Pension Schemes) (Consequential Amendments and Savings) Order 2016 (S.I. 2016/200), arts. 1(2), 4(8)(c) (with art. 5(1))

F4

Words in reg. 12(b) inserted (6.4.2018) by The Contracting-out (Transfer and Transfer Payment) (Amendment) Regulations 2018 (S.I. 2018/234), regs. 1, 2(6)(b)(i)

F5

Words in reg. 12(b) substituted (6.4.2018) by The Contracting-out (Transfer and Transfer Payment) (Amendment) Regulations 2018 (S.I. 2018/234), regs. 1, 2(6)(b)(ii)

F6

Words in reg. 12(c) substituted (6.4.2018) by The Contracting-out (Transfer and Transfer Payment) (Amendment) Regulations 2018 (S.I. 2018/234), regs. 1, 2(6)(c)(i)

F7

Words in reg. 12(c) substituted (6.4.2018) by The Contracting-out (Transfer and Transfer Payment) (Amendment) Regulations 2018 (S.I. 2018/234), regs. 1, 2(6)(c)(ii)

Marginal citations

M1

S.I. 1985/1323, amended by S.I. 1986/317, S.I. 1986/1716, S.I. 1987/1099, S.I. 1987/1114, S.I. 1988/475 and S.I. 1994/1062.

M2

Section 14 was amended by paragraph 27 of Schedule 5 to the Pensions Act 1995.

M3

Section 8 was amended by section 136(2) of and paragraph 23 of Schedule 5 to the Pensions Act 1995.

M4

Section 159 was amended by paragraph 41 of Schedule 3 to the Pensions Act 1995.

M5

Section 46 was amended by paragraph 44 of Schedule 5 to the Pensions Act 1995.