Regulation 36 Substitution of regulation K1I1

For regulation K1 (contracting-out conditions to be overriding) substitute—

“Contracting-out conditions to be overriding

K1.

(1)

The scheme will be administered in conformity with the contracting-out conditions and, with the exception of the circumstances specified in paragraph (2), regulations K2 to K7 override any inconsistent provisions of these regulations.

(2)

The circumstances referred to in paragraph (1) are—

(a)

if a trivial pension is commuted in accordance with regulation T7; or

(b)

if a pension is commuted in accordance with regulations E2(10), E2A(10) or L1(5) (pensions on early retirement due to ill health and preserved pensions); or

(c)

if a pension is forfeited for the reasons specified in sub-paragraphs (b) or (c) of regulation T6(1).

(3)

In this Part—

(a)

“contracting-out conditions” means the conditions specified in sections 9(2A) and 9(2B) of the 1993 Act;

(b)

“guaranteed minimum” means the guaranteed minimum as defined in sections 13 to 17 of the 1993 Act;

(c)

“guaranteed minimum pension” is a pension calculated in accordance with the guaranteed minimum requirements;

(d)

“protected rights” has the same meaning as in the 1993 Act.”.