Regulation 12 Amendment of the Occupational Pension Schemes (Winding up etc.) Regulations 2005

(1)

Amend the Occupational Pension Schemes (Winding up etc.) Regulations 2005^f1 as follows.

(2)

In regulation 3(1) (schemes to which section 73 of the Pensions Act 1995 does not apply)—

(a)

in sub-paragraph (j), for head (i) substitute—

“(i)
the provisions of the scheme provide that any decision made by the trustees is made by the unanimous agreement of the trustees who are members of the scheme; or”;

(b)

in sub-paragraph (k)—

(i)

for head (i) substitute—

“(i)
the provisions of the scheme provide that any decision made by the company in its capacity as trustee is made by the unanimous agreement of the directors who are members of the scheme; or”;

(ii)

at the end of head (ii) insert “or”;

(c)

at the end of sub-paragraph (l) omit “or”; and

(d)

omit sub-paragraph (m).

(3)

In regulation 8(4)(a) (entitlement to death benefits treated as arising before commencement of winding up period) for “former spouse” substitute “former spouse, former civil partner”.

Annotations

Footnotes

f1: S.I. 2005/706; the relevant amending instrument is S.I. 2006/467.