# Pension Schemes Act 2026, Section 112: Establishment of new public schemes and transfer of rights

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

(1) The Secretary of State may by regulations establish one or more schemes (“new public schemes”) which provide for pensions or other benefits to be payable to or in respect of persons who are or have been members of the AWE Pension Scheme (“qualifying persons”).
(2) The Secretary of State may by regulations make provision for the transfer of qualifying accrued rights to a new public scheme (without the need for any approval or consent of the trustee company or AWE PLC, or any other person, to the transfer).
(3) Regulations under subsection (2) may include provision for the discharge of liabilities in respect of qualifying accrued rights that are transferred.
(4) In this Chapter—
“qualifying accrued rights” means—
(a) any right to future benefits under the AWE Pension Scheme which, at the qualifying time, has accrued to or in respect of a qualifying person,
(b) any entitlement under the AWE Pension Scheme to the present payment of a pension or other benefit which a qualifying person has at the qualifying time, or
(c) any entitlement to benefits, or right to future benefits, under the AWE Pension Scheme which a survivor of a qualifying person has at the qualifying time in respect of the qualifying person;
“the qualifying time” means the time immediately before the date specified or described in regulations.
(5) For the purposes of the definition of “qualifying accrued rights”—
(a) references to pensions or other benefits (including future benefits) includes money purchase benefits, and
(b) references to a right include a pension credit right.
(6) Regulations under subsection (4) specifying or describing a date for the purposes of the definition of “the qualifying time” may make provision for the purposes of transfers of qualifying accrued rights generally, transfers of a particular description or a particular transfer.

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Source: https://www.legislation.gov.uk/ukpga/2026/22/section/112 (the official version)
Page: https://openlegislation.uk/pension-schemes-act-2026/section-112
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.