Regulation 2 Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984
The Occupational Pension Schemes (Preservation of Benefit) Regulations 1984f1 shall be amended in accordance with the provisions of this regulation.
In regulation 12(1)(a)—
for the words “a benefit smaller than that” there shall be substituted the words “a benefit or benefits smaller than that or those”;
for the words “becoming payable” there shall be substituted the words “being or including a benefit which becomes payable to the member”; and
after the words “normal pension age” there shall be inserted, “whether or not it or they also include benefit or benefits as an alternative to short service benefit which is prospectively payable to the widow, widower or dependant of the member,”.
In regulation 12(1)(b)—
for the words “a benefit larger than that” there shall be substituted the words “a benefit or benefits larger than that or those”;
for the words “becoming payable” there shall be substituted the words “being or including a benefit which becomes payable to the member”; and
after the words “normal pension age” there shall be inserted “, whether or not it or they also include a benefit or benefits as an alternative to short service benefit which is prospectively payable to the widow, widower or dependant of the member”.
In regulation 12(5), for the words “when the alternative” there shall be substituted the words “when the benefit to which the member is entitled”.
In regulation 12(9), for “(5) to (7)” there shall be substituted “(6) and (7)”.
For paragraph (2) of regulation 19 there shall be substituted—
“(2)In a case where a scheme is being wound up regulation 12(1)(c), (d) and (e)(i) and (ii) shall not apply and the member’s consent shall not be required—
(a)in the case of a member who at the time of winding up is employed in employment to which the scheme relates, to the transfer of his accrued rights to another scheme relating to the same employment or another employment with the same employer or his successor, with a view to the acquisition for him of transfer credits under that other scheme; and
(b)in the case of a member who at the time of winding up is not so employed, to the transfer of the liabilities of the scheme in respect of short service benefit or, as the case may be, payment of pension to another scheme which, if he were so employed, would satisfy the provisions of sub-paragraph (a) above.”.