Paragraph 4 F1

(1)

This paragraph applies in the cases described in sub-paragraphs (2) and (3).

(2)

The first case referred to in sub-paragraph (1) is where a scheme—

(a)

has its main administration in the United Kingdom;

(b)

applies to members in employment in the F2United Kingdom and members in employment outside the United Kingdom;

(c)

is divided into two or more sections, and

(d)

makes provision whereby—

(i)

different sections of the scheme apply to members in employment in the F3United Kingdom and to members in employment outside the United Kingdom;

(ii)

contributions payable to the scheme in respect of a member are allocated to the section applying to that member's employment, and

(iii)

a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other section.

(3)

The second case referred to in sub-paragraph (1) is where a scheme—

(a)

has its main administration outside the F4United Kingdom;

(b)

applies to members in employment in the United Kingdom and members in employment outside the United Kingdom;

(c)

is divided into two or more sections, and

(d)

makes provision whereby—

(i)

different sections of the scheme apply to members in employment in the United Kingdom and to members in employment outside the United Kingdom;

(ii)

contributions payable to the scheme in respect of a member are allocated to the section applying to that member's employment, and

(iii)

a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other section.

(4)

Where this paragraph applies, Part 3 of the 2004 Act F5, the Funding and Investment Strategy Regulations and these Regulations shall apply as if each section of the scheme were a separate scheme.

Annotations

Textual amendments

F1: Sch. 2 paras. 3B-3D inserted (6.4.2018) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2018 (S.I. 2018/237), regs. 1(2), 12(2)
F2: Words in Sch. 2 para. 4(2)(b) substituted (31.12.2020) by The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192), regs. 1, 28(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Sch. 2 para. 4(2)(d)(i) substituted (31.12.2020) by The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192), regs. 1, 28(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in Sch. 2 para. 4(3)(a) substituted (31.12.2020) by The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192), regs. 1, 28(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in Sch. 2 para. 4(4) inserted (6.4.2024) by The Occupational Pension Schemes (Funding and Investment Strategy and Amendment) Regulations 2024 (S.I. 2024/462), regs. 1(1), 20(5)