# The Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005, Regulation 40: Reconsideration

Extent: E+W+S+N.I.

(1) Section 151 of the Act (application for reconsideration) shall be modified in its application to a segregated part to which regulation 28 applies, so that it shall be read as if—
(a) for the words “the determination made by the Board or valuation obtained by the Board in respect of the scheme under section 143(2)” in subsections (2)(b) and (3)(b) there were substituted the words “the valuation obtained by the Board under section 143 in respect of the segregated part”;
(b) the words “determination or” in paragraphs (a)(ii) and (b)(ii) of subsection (6) were omitted;
(c) in the definition of “protected benefits quotation” in subsection (8), from the words “in relation to a scheme” to “the reconsideration time” there were substituted–
“in relation to a segregated part of a multi-employer section of a segregated scheme, means a quotation for one or more annuities from one or more insurers, being companies willing to accept payment in respect of the members of the segregated part from the trustees or managers of the scheme, which would provide in respect of each member of the segregated part from the reconsideration time”; and
(d) for the words “under section 143(2)(b)” in subsection (10), there were substituted the words “under that section”.
(2) Section 152 of the Act (duty to assume responsibility following reconsideration) shall be modified in its application to a segregated part to which regulation 28 applies so that it shall be read as if—
(a) for subsection (1), there were substituted the following subsection—
“(1) This section applies where an application is made in respect of a segregated part of a multi-employer section of a segregated scheme in accordance with section 151.”;
(b) for subsection (2), there were substituted the following subsection—
“(2) The Board must assume responsibility in accordance with this Chapter for a segregated part of a multi-employer section of a segregated scheme if it is satisfied that the value of the assets of the segregated part at the reconsideration time is less than the aggregate of—
(a) the amount quoted in the protected benefits quotation accompanying the application;
(b) a proportion of the amount of the liabilities of the scheme as a whole at that time, as calculated in the Board's valuation referred to in subsection (2) or (3) of section 151, which are not liabilities to, or in respect of, members of the scheme;
(c) the estimated costs of winding up the segregated part at that time.”;
(c) after subsection (3), there were inserted the following subsection—
“(3A) Where the trustees or managers of a segregated part of a multi-employer section of a segregated scheme receive a copy of a determination notice from the Board under subsection (3), they must send a copy of that notice as soon as practicable to the trustees or managers of each section of the scheme (if different) and to all the employers in relation to the scheme.”; and
(d) after subsection (7), there were inserted the following subsection—
“(7A) Where the trustees or managers of a segregated part of a multi-employer section of a segregated scheme receive a notice from the Board under subsection (7) together with a copy of the binding determination notice, they must send a copy of the notice and the binding notice as soon as practicable to the trustees or managers of each section of the scheme (if different) and to all the employers in relation to the scheme.”.

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Source: https://www.legislation.gov.uk/uksi/2005/441/regulation/40 (the official version)
Page: https://openlegislation.uk/pension-protection-fund-multi-employer-schemes-modification-regulations-2005/regulation-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.