Section 61 Schemes divided into sectionsI1

England, Wales and Scotland Not yet in force

(1)

This section applies for the purposes of this Part (unless the context otherwise requires).

(2)

Where a trust-based occupational pension scheme includes two or more sections—

(a)

each section is treated as a separate scheme,

(b)

the members of the scheme that are allocated to each section are treated as the members of that separate scheme,

(c)

the assets and liabilities of the scheme that are allocated to each section are treated as the assets and liabilities of that separate scheme, and

(d)

in the case of a superfund scheme, the assets of the capital buffer that are allocated to each section are treated as the capital buffer in relation to that separate scheme.

(3)

Accordingly, in the case of a superfund scheme, any of the following is treated as a superfund transfer—

(a)

the reallocation of members between sections;

(b)

the combination of two or more sections;

(c)

the division of one section into two or more.

(4)

A “section” of a trust-based occupational pension scheme means arrangements—

(a)

which have effect under the rules of the scheme (including, in the case of a superfund scheme, the capital buffer arrangement), and

(b)

under which particular assets of the scheme (and, in the case of a superfund scheme, the capital buffer) may only be used to satisfy the scheme’s liabilities to or in respect of members of the scheme of a particular description,

and those particular assets, liabilities and members are “allocated” to the section in question.

Annotations

Commencement

I1: S. 61 not in force at Royal Assent, see s. 133(7)