Regulation 28 Application and effectI1

United Kingdom

(1)

This regulation applies to a non-segregated multi-employer section of a segregated scheme in circumstances where —

(a)

an insolvency event occurs in relation to an employer in relation to that section; or

(b)

the trustees or managers of the scheme become aware that an employer in relation to that section is unlikely to continue as a going concern and meets the requirements prescribed under subsection (1)(b) of section 129 of the Act (applications and notifications for the purposes of section 128).

(2)

Where—

(a)

in relation to an employer in relation to a section of a scheme to which this regulation applies, an event described in paragraph (1)(a) or (b) of this regulation occurs; and

(b)

the requirement in the scheme rules relating to that section for the trustees or managers of the scheme to segregate such part of the assets of the section as is attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the section by reference to an employer in relation to the section (“the segregation requirement”) would be triggered when an employer in relation to the section ceases to participate in the scheme,

the segregation requirement shall, in relation to the employer referred to in sub-paragraph (a) of this paragraph, be deemed to have been triggered immediately after the occurrence of the event described in paragraph (1)(a) or (b) and a segregated part of the section shall be deemed to have been created for and in respect of any period after the occurrence of that event where a withdrawal event within the meaning of section 149(2) of the Act has not occurred in relation to the segregated part.

(3)

In this Part—

“non-segregated multi-employer section” means a multi-employer section of a segregated scheme where, under the scheme rules relating to that section, the trustees or managers of the scheme are required, in circumstances where an employer in relation to that section ceases to participate in the scheme, to segregate such part of the assets of the section as are attributable to the liabilities of the section to provide pensions or other benefits to or in respect of the pensionable service of some or all of the members of the section by reference to that employer; and
“segregated part” means a section of a non-segregated multi-employer section which is created when a segregation requirement in the scheme rules relating to that multi-employer section of the scheme has been triggered.

(4)

Except as otherwise provided in this Part, in a case where this regulation applies—

(a)

Part 2 of the Act, except Chapter 4, shall be read as if it contained the modifications provided for by this Part; and

(b)

references in Part 2 of the Act, except in Chapter 4, to—

(i)

“scheme rules” shall be read as if they were references to “rules of the scheme which apply to the segregated part”;

(ii)

“the scheme” shall be read as if they were references to “the segregated part”;

(iii)

“the employer” shall be read as if they were references to “the employer in relation to the segregated part”; and

(iv)

“trustees or managers of the scheme” shall, in relation to a non-segregated multi-employer section of a segregated scheme, be read as if they were references to “trustees or managers with ultimate responsibility for the administration of the section”F1; and

(c)

Part 2 of the Act shall be read as if section 143A were omitted.

(5)

Paragraph (4) shall not have effect in relation to section 174 of the Act (initial levy).

Annotations

Textual amendments

F1: Reg. 28(4)(c) and word inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 2(8) (with regs. 9(2), 10)

Commencement

I1: Reg. 28 wholly in force at 6.4.2005; reg. 28 not in force at made date; reg. 28(4)(b) in force at 9.3.2005 for certain purposes and reg. 28 in force at 6.4.2005 in so far as not already in force, see reg. 1(1)(a)(d)