Section 101AA Scope of Chapter 5F1C1
This Chapter applies to any member of an occupational pension scheme to which Chapter 1 applies (see section 69(3)) if—
his pensionable service terminates before he attains normal pension age, and
on the date on which his pensionable service terminates—
the three month condition is satisfied, but
he does not have relevant accrued rights to benefit under the scheme.
For the purposes of subsection (1), the three month condition is that the period of the member’s pensionable service under the scheme, taken together with—
any previous period of his pensionable service under the scheme, and
any period throughout which he was employed in linked qualifying service under another scheme,
amounts to at least three months.
A period counts for the purposes of paragraph (a) or (b) of subsection (2) only so far as it counts towards qualification for long service benefit within the meaning of Chapter 1.
For the purposes of subsection (1), “relevant accrued rights to benefit under the scheme”, in relation to a member of a scheme, means rights which—
have accrued to or in respect of him under the scheme, and
entitle him to the relevant benefits which would have accrued to or in respect of him under the applicable rules if paragraphs (a) F2, (aa) and (b) of section 71(1) (and the word “and” immediately preceding them) did not have effect.
References in the following provisions of this Chapter to a member, in relation to an occupational pension scheme, are to a member of the scheme to whom this Chapter applies.
Annotations
Textual amendments
- F1
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) inserted (1.1.2006 for specified purposes, 6.4.2006 in so far as not already in force) by Pensions Act 2004 (c. 35), ss. 264, 322(1) (with s. 313); S.I. 2005/3331, art. 2(5)(a)(b), Sch. Pt. 5
- F2
Word in s. 101AA(4)(b) inserted (1.10.2015) by Pensions Act 2014 (c. 19), ss. 36(4), 56(1); S.I. 2015/134, art. 2(3)
Modifications
- C1
Ss. 101AA-101AI modified (30.12.2005) by The Occupational Pension Schemes (Cross-border Activities) Regulations 2005 (S.I. 2005/3381), regs. 1, 14, Sch. 2 para. 3
Notes on Part 4ZA
Textual amendments
- F1
Pt. 4ZA formed from Pt. 4 Chs. 4, 5 (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 4(1)
- F2
Pt. 4ZA heading inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 4(2)(a) (with s. 87)
Modifications
- C1
Pt. 4ZA: power to modify conferred (29.4.2026 for specified purposes) by Pension Schemes Act 2026 (c. 22), ss. 91(8), 133(1)(7)
Notes on Chapter 2
Textual amendments
- F2
Pt. 4ZA Ch. 2 heading substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 4(2)(c) (with s. 87)
Modifications
- C1
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) modified (1.1.2006) by The Occupational Pension Schemes (Winding up etc.) Regulations 2005 (S.I. 2005/706), regs. 1(2), 5 (with reg. 1(3))
- C2
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) excluded (24.7.2014) by The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014 (S.I. 2014/1711), regs. 1(1), 56(1)(c); S.I. 2014/1683, art. 2
- C3
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) modified (1.4.2015) by The Police Pensions (Consequential Provisions) Regulations 2015 (S.I. 2015/370), regs. 1(2), 13 (with reg. 5)
- C4
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) modified (1.4.2015) by The Armed Forces Pension (Consequential Provisions) Regulations 2015 (S.I. 2015/390), regs. 1(2), 13 (with reg. 5)
- C5
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) modified (1.4.2015) by The Teachers’ Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/146), regs. 1(2), 13 (with reg. 5)
- C6
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) modified (1.4.2015) by The Judicial Pensions Regulations 2015 (S.I. 2015/182), reg. 1(4), Sch. 3 para. 11 (with regs. 148, 160, Sch. 3 para. 3)
- C7
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) modified (1.4.2015) by The Teachers’ Pension Scheme (Consequential Provisions) Regulations 2015 (S.I. 2015/436), regs. 1(2), 13 (with reg. 5)
- C8
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) modified (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Consequential and Amendment) Regulations 2015 (S.I. 2015/372), regs. 1(2), 13 (with reg. 5)
- C9
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) modified (1.4.2015) by The National Health Service Pension Scheme (Consequential Provisions) Regulations 2015 (S.I. 2015/432), regs. 1(2), 13 (with reg. 5)
- C10
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) modified (1.4.2015) by The Police Pensions (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/118), regs. 1(2), 13 (with reg. 5)
- C11
Pt. 4ZA Ch. 2 (originally Pt. IV Ch. 5) modified (1.4.2015) by The National Health Service Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/145), regs. 1(2), 13 (with reg. 5)
- C12
Pt. 4ZA Ch. 2: power to modify conferred (5.9.2018 for specified purposes, 1.10.2018 in so far as not already in force) by Pension Schemes Act 2017 (c. 17), s. 44(2), Sch. 1 para. 1(6)(b); S.I. 2018/965, reg. 2(a)(b)
- C13
Pt. 4ZA Ch. 2: power to modify conferred (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 2 para. 1(6)(b); S.I. 2022/721, regs. 1(2), 3(a)