{
  "url": "https://openlegislation.uk/occupational-and-personal-pension-schemes-contracting-out-miscellaneous-amendments-regulations-2002/regulation-4",
  "json_url": "https://openlegislation.uk/occupational-and-personal-pension-schemes-contracting-out-miscellaneous-amendments-regulations-2002/regulation-4.json",
  "legislation": "uksi/2002/681",
  "legislation_title": "The Occupational and Personal Pension Schemes (Contracting-out) (Miscellaneous Amendments) Regulations 2002",
  "legislation_url": "https://openlegislation.uk/occupational-and-personal-pension-schemes-contracting-out-miscellaneous-amendments-regulations-2002",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996",
  "text": "(1) The Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.\n(2) In regulation 4(2) (conditions applying to rates of pensions and annuities which give effect to protected rights—marital status) for sub-paragraph (b) there shall be substituted the following sub-paragraph:—\n“(b) except where, in the case of an unmarried member, the member has agreed to the rate being determined on his or her life only, on the basis that the member will, in the event of his or her death, leave a widow or widower.”;\n(3) For regulation 5 (circumstances in which and periods for which pension or annuity is to be paid to widow or widower after being paid to member) there shall be substituted the following regulation:—\n“Circumstances in which and period for which pension or annuity is to be paid to widow or widower after being paid to member\n5 (1) For the purposes of section 29(1)(b)(i) of the 1993 Act (pension or annuity to be paid to member’s widow or widower in prescribed circumstances and for the prescribed period)—\n(a) the prescribed circumstances are that the rate of the pension or annuity paid to the member has not, by virtue of regulation 4(2)(b), been determined by reference to his or her life only; and\n(b) the prescribed period is, subject to paragraph (2), the remainder of the widow’s or widower’s life.\n(2) There is excluded from the period prescribed in paragraph (1)(b) any period after the widow’s or widower’s remarriage under pensionable age.”.\n(4) For paragraphs (2) and (3) of regulation 7 (payments made under interim arrangements) there shall be substituted the following paragraphs:—\n“(2) For the purposes of section 28A(5)(a) of the 1993 Act (the annual amount of the annuity which would have been purchasable by a person on any date shall be calculated in the prescribed manner) the prescribed manner is—\n(a) in the case of payments to be made to a member who is married on the relevant reference date by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(a) and (d);\n(b) in the case of payments to be made to a member who is unmarried on the relevant reference date by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(b) and (d);\n(c) in the case of payments to be made to a widow or widower by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(c) and (d).\n(3) For the purposes of section 28A(5)(a)(ii) of the 1993 Act (the current published tables of rates of annuities prepared in the prescribed manner by the Government Actuary) the prescribed manner is—\n(a) in the case referred to in paragraph (2)(a), on the basis—\n(i) that no distinction shall be made by reference to the sex of the member,\n(ii) that in respect of a member who has died, the rate of the annuity is one-half of the rate at which it would have been payable if the member had been living,\n(iii) of a deduction of an amount which the Government Actuary considers reasonable from the purchase price of the annuity to allow for the initial expenses of the insurance company, and\n(iv) that the frequency of the payment is monthly in arrears;\n(b) in the case referred to in paragraph (2)(b), on the basis—\n(i) that no distinction shall be made by reference to the sex of the member,\n(ii) that there is no person other than the member with any rights to an annuity,\n(iii) of a deduction of an amount which the Government Actuary considers reasonable from the purchase price of the annuity to allow for the initial expenses of the insurance company, and\n(iv) that the frequency of the payment is monthly in arrears;\n(c) in the case referred to in paragraph (2)(c), on the basis—\n(i) that no distinction shall be made by reference to the sex of the widow or widower,\n(ii) that the widow or widower is the last survivor with rights to an annuity,\n(iii) of a deduction of an amount which the Government Actuary considers reasonable from the purchase price of the annuity to allow for the initial expenses of the insurance company, and\n(iv) that the frequency of the payment is monthly in arrears;\n(d) in all cases referred to in paragraph (2), on the basis that\n(i) in the case of payments in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of any tax year up to and including the tax year 1996–1997, the rate of annuity would be increased on each of its anniversaries in accordance with the requirements in regulation 4(3),\n(ii) in the case of payments in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of any tax year after the tax year 1996–1997, the rate of annuity would be increased on each of its anniversaries in accordance with the requirements of section 162(2) of the Pensions Act 1995.”\n(5) In regulation 9 (suspension and forfeiture of payments giving effect to protected rights), in paragraph (1)(a)—\n(a) the words “or otherwise” shall be omitted; and\n(b) for the words from “, so however” to the end of the sub-paragraph there shall be substituted the words\n“and that there is provision in the scheme which requires that, in those circumstances, sums equivalent to such payments—\n(i) must, except in so far as such sums are not, in the opinion of the trustees and managers, required for the maintenance of the pensioner, be paid or applied for his maintenance,\n(ii) may, in so far as such sums are not, in the opinion of the trustees and managers, required for the maintenance of the pensioner, be paid or applied for the maintenance of any dependants of the pensioner,\n(iii) must, in so far as such sums are not, in the opinion of the trustees and managers, required for the maintenance of the pensioner or of any dependant of his, be held by the trustees for the pensioner until he is again able to act or, if he should die before that happens, for his estate;”.\n(6) In regulation 12 (death of member before effect given to protected rights)—\n(a) paragraph (1) shall be omitted;\n(b) in paragraphs (2), (3), (5), (9), (11) and (14), for the words “qualifying widow or widower” (in each place where those words occur) there shall be substituted the words “widow or widower”; and\n(c) in paragraphs (5) and (9), sub-paragraph (c), and the word “or” immediately preceding it, shall be omitted.\n(7) In regulation 13 (death before effect given to protected rights: interim arrangements for widow or widower)—\n(a) in paragraph (1) for the words from “survived by” to “effect” there shall be substituted the words “survived by a widow or widower, effect”, and\n(b) paragraph (3) shall be omitted.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1996/1537, to which there are no amendments relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 28A was inserted by section 143 of the 1995 Act."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2002/681/regulation/4",
    "retrieved_at": "2026-10-29T07:11:14.870637+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."
}