Regulation 1 Citation, commencement and interpretation
United Kingdom
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998 and shall come into force on 6th July 1998.
In these Regulations—
“the 1993 Act" means the Pension Schemes Act 1993;
“additional pension" means the additional pension in a Category A retirement pension or in any other benefit under Part II of the Social Security Contributions and Benefits Act 1992 M1 which is payable by virtue of section 44(3)(b) of that Act;
“earner" means—
in the case of a surviving spouse member, the deceased spouse from whose employment that member’s rights under the scheme are derived; and
in the case of a surviving civil partner member, the deceased civil partner from whose employment that member’s rights under the scheme are derived; and
in any other case, the member;
“effective date" means the date on which the Secretary of State determines, for the purposes of paragraph 5(3A) to (3E) of Schedule 2 to the 1993 Act M2, the extent to which the resources of the scheme are insufficient to meet the liability for the cash equivalent of the member’s rights under the scheme;
“pensionable age" has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995;
“relevant employment" means any employment of the earner to which any of his section 9(2B) rights, F2or rights to a guaranteed minimum pension under the scheme are directly or indirectly attributable;
“relevant tax year" means the tax year in which the effective date falls;
“section 9(2B) rights" has the same meaning as in F3regulation 2(1) of the Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 M3;
“the scheme" means an occupational pension scheme referred to in regulation 2 below;
F4“surviving civil partner member” means a person who has a right to the payment of a surviving civil partner’s pension under the scheme;
“surviving spouse member" means a person who has a right to the payment of a widow’s or widower’s pension under the scheme.
Annotations
Textual amendments
- F1
Words in reg. 1(2) inserted (5.12.2005) by Occupational and Personal Pension Schemes (Civil Partnership) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3164), regs. 1(1), 5(a)(i)
- F2
Words in reg. 1(2) substituted (6.4.2012) by The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) Order 2011 (S.I. 2011/1246), arts. 1(2)(a), 18
- F3
Words in reg. 1(2) substituted (6.4.2016) by The Pensions Act 2014 (Abolition of Contracting-out for Salary Related Pension Schemes) (Consequential Amendments and Savings) Order 2016 (S.I. 2016/200), arts. 1(2), 13(2)
- F4
Words in reg. 1(2) inserted (5.12.2005) by Occupational and Personal Pension Schemes (Civil Partnership) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3164) , regs. 1(1), 5(a)(ii)
Marginal citations
- M1
1992 c.4 .
- M2
Sub-paragraphs (3A) to (3E) were inserted in paragraph 5 of Schedule 2 by section 141(2) of the Pensions Act 1995.
- M3
S.I. 1996/1172 ; a relevant amending instrument is S.I. 1997/786.