{
  "url": "https://openlegislation.uk/electricity-protected-persons-scotland-pension-regulations-1990/regulation-6",
  "json_url": "https://openlegislation.uk/electricity-protected-persons-scotland-pension-regulations-1990/regulation-6.json",
  "legislation": "uksi/1990/510",
  "legislation_title": "The Electricity (Protected Persons) (Scotland) Pension Regulations 1990",
  "legislation_url": "https://openlegislation.uk/electricity-protected-persons-scotland-pension-regulations-1990",
  "path": "regulation/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Accrued Pension Rights",
  "text": "(1) Subject to paragraphs (2) and (3), the employer of a protected person shall at all times ensure that, in respect of each protected person in his employment, the assets of the relevant scheme provided by the employer in respect of that person are such that, in the event of the winding up of that scheme , there would be available to provide accrued pension rights for such protected person a sum equal to or exceeding the liability of that scheme in respect of those accrued pension rights.\n(2) It shall not be a breach of the employer’s duty under paragraph (1) if the assets of the relevant scheme mentioned in that paragraph at any time do not equal or exceed that liability where–\n(a) a valuation of that scheme has been produced by a Fellow of the Institute of Actuaries or the Faculty of Actuaries having its effective date within the previous 3 1/2 years or such lesser period (if any) as may be prescribed under sections 56A and 56E of the Social Security PensionsAct 1975 (disclosure of information about schemes to members); and\n(b) the employer has taken and continues to take such steps as are reasonable in all the circumstances (having regard to good actuarial practice) to make good any deficiency in respect of the accrued pension rights of that protected person (calculated on the same basis as that applicable under paragraph (1)) stated, whether expressly or by implication, in that valuation.\n(3) In the event of the total or partial winding up of a relevant scheme, each employer who will, as a result of that total or partial winding up, cease to participate in that scheme, shall cause a valuation to be made by a Fellow of the Institute of Actuaries or the Faculty of Actuaries of the assets and liabilities of that scheme in respect of the protected persons in his employment and if–\n(a) the accrued pension rights of any protected person in that scheme shall not be transferred to a relevant scheme; or\n(b) the rules of the relevant scheme to which such rights are transferred do not require such a valuation to be produced within the period specified in paragraph (2)(a), calculated from the effective date of the last such valuation of the scheme being wound up, (unless the employer procures a valuation of that scheme within that period);\nand if the valuation required under this paragraph shall indicate that the assets held to provide the accrued pension rights are insufficient to meet the liabilities of that scheme in respect of those accrued pension rights, the employer shall forthwith apply a sum equal to the amount of the deficit in respect of each protected person to the purchase of an annuity or the provision of other suitable means in accordance with regulation 9 for the benefit of such person.\n(4) If a protected person shall transfer or be transferred to a relevant scheme, and a transfer payment shall be made in respect of his accrued pension rights to that scheme, the employer providing that scheme shall procure that the rules of that scheme will secure accrued pension rights which, on the basis of good actuarial practice, are at least equivalent in value to his accrued pension rights so transferred from the former scheme.\n(5) Any new employer shall also procure that if the protected person notifies or is deemed to have notified his new employer in accordance with the terms (if any) of the relevant scheme provided by the new employer, and otherwise within 2 years of transferring to the new employer, that he desires to transfer his accrued pension rights to the relevant scheme provided by the new employer, he shall be entitled to transfer to that relevant scheme in accordance with paragraph (4) any accrued pension rights which are capable of being transferred.\n(6) To the extent that an employer is unable to provide a relevant scheme which satisfies paragraphs (4) and (5), he shall ensure that the accrued pension rights of each protected person in his employment are secured by other suitable means in accordance with regulation 9 to the same extent and at the same level as such rights would have been secured if he had provided a relevant scheme.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1975 c. 60; sections 56A and 56E were inserted by the Social Security Act 1985 (c. 53), section 3 and Schedule 2."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1990/510/regulation/6",
    "retrieved_at": "2026-10-29T15:25:08.625540+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}