Regulation 43 Modification allowing different quality requirements to be satisfied in aggregate

(1)

Paragraphs (2) to (5) apply where a relevant rule—

(a)

specifies a description of hybrid schemes; and

(b)

provides that—

(i)

the provisions of any scheme of that description which relate to defined benefits and the provisions of the scheme relating to money purchase benefits are to be treated as if they provided for benefits under separate schemes;

(ii)

in respect of the money purchase benefits provisions, the paragraph (a) quality requirements are to apply; and

(iii)

in respect of the defined benefits provisions, the paragraph (b) quality requirements are to apply; and

(iv)

those quality requirements are to apply to the scheme subject to the modifications made by this regulation.

(2)

Notwithstanding that not all of the paragraph (a) quality requirements or the paragraph (b) quality requirements are satisfied in relation to the scheme, those requirements are nevertheless to be treated as having been satisfied in relation to any jobholder in the circumstances set out in paragraph (3).

(3)

The circumstances are that—

(a)

all of the paragraph (a) quality requirements are met apart from either or both of the requirement in section 20(1)(b) of the Act (“requirement X”) and the requirement in section 20(1)(c) of the Act;

(b)

all of the paragraph (b) quality requirements are met apart from the requirement in section 23(4) of the Act (“requirement Y”); and

(c)

having carried out the calculations set out in paragraph (4)(a) and (b), the aggregate of the resulting percentages is at least 100.

(4)

Each of the following is to be calculated as a percentage—

(a)

the extent to which requirement X is met as a proportion of the minimum rate of employer’s contribution specified in section 20(1)(b) of the Act;

(b)

the extent to which requirement Y is met as a proportion of the annual rate of pension specified in section 23(4) of the Act.

(5)

In relation to a scheme to which any modification described in regulation 41 or 42 applies by virtue of a relevant rule, the reference in paragraph (3)(b) to the requirement in section 23(4) of the Act is to that requirement as modified by regulation 41 or 42, as the case may be.

(6)

Where paragraphs (2) to (5) have effect in relation to a hybrid scheme of the relevant description, regulation 39 is to be read as if, for paragraph (5), there were substituted—

“(5)
A scheme actuary or employer may not certify that a scheme satisfies the test scheme standard if the aggregate percentage referred to in regulation 43(3)(c) is less than 100 in relation to more than 10% of relevant members.”.