Explanatory note

These Regulations make transitional provisions and savings in connection with the coming into force of the Social Security Act 1989.

Paragraphs 6 and 7 of Schedule 6 to the Social Security Act 1989 make changes to the protection of pensions provisions (sometimes called the“anti-franking” provisions) of the Social Security Pensions Act 1975. Regulation 2(1) says that these changes do not affect pensions for earners, and the widows or widowers of earners, who ceased to be in contracted-out employment before the 1989 Act was passed. Regulation 2(2) says that the changes do not affect pensions for earners, and the widows or widowers of earners, who were in contracted-out employment when the 1989 Act was passed but who ceased to be in contracted-out employment between the date these Regulations come into force and 1st December 1990.

Paragraphs 19 and 20 of Schedule 6 to the 1989 Act make changes to the requirements that must be satisfied by appropriate personal pension schemes and money purchase contracted-out schemes. Regulation 3 allows schemes that already have an appropriate scheme certificate or a contracting-out certificate until 1st December 1990 to amend their rules to comply with the new requirements.

These Regulations are made before the end of a period of 6 months from the commencement of the enactment under which they are made and are therefore, under section 61(5) of the Social Security Act 1986, exempt from the requirement of section 68(1) of the Social Security Act 1973 (c. 38) and section 61(2) of the Social Security Act 1986 that proposals to make regulations be referred to the Occupational Pensions Board.