Regulation 12 Multi-employer money purchase schemes

In its application to a money purchase scheme that is a multi-employer scheme regulation 10 applies with the substitution for paragraph (1) of the following paragraphs —

“(1)

Notwithstanding subsection (1)(a) of section 75 of the 1995 Act, that section applies to money purchase schemes as if—

(a)

subsection (2)—

(i)

provided that if the levy deficit condition is met each employer's share of the levy deficit is to be treated as a debt due from that employer to the trustees or managers of the scheme; and

(ii)

was not subject to subsection (3) of that section;

(b)

subsection (4) provided that where the criminal reduction conditions are met each employer's share of the criminal deficit is to be treated as a debt due from the employer to the trustees or managers of the scheme; and

(c)

subsections (4A) to (4C) and (6) were omitted.

(1A)

For the purposes of paragraph (1), an employer's share of the levy deficit or the criminal deficit is—

(a)

such proportion of that total deficit as, in the opinion of F1the trustees or managers, the amount of the scheme's liabilities attributable to employment with that employer bears to the total amount of the scheme's liabilities attributable to employment with the employers; or

(b)

F2if the scheme provides for the total amount of that debt to be otherwise apportioned amongst the employers, the amount due from that employer under that provision.

(1B)

For the purposes of paragraph (1A)—

(a)

the total amount of the scheme's liabilities which are attributable to employment with the employers; and

(b)

F3the amount of the liabilities attributable to employment with any one employer,

are such amounts as are determined, calculated and verified by the actuaryF4....”.

Regulation 6 does not apply to a money purchase scheme that is a multi-employer scheme.