Section 97 Construction of “occupational pension scheme” and “employer” in relation to superfund schemesI1

England, Wales and Scotland Not yet in force

(1)

This section applies to a pension scheme—

(a)

that is established for the purpose of receiving superfund transfers, and

(b)

that, immediately after it is established, is capable of having effect so as to provide benefits to or in respect of people with service in employment of a description.

(2)

For the purposes of the definition of “occupational pension scheme” in section 1(1) of the Pension Schemes Act 1993, the scheme is assumed to meet the condition in paragraph (a) of that definition (condition that scheme be established by employer for the purpose of providing benefits to employees).

(3)

For the purposes of the definitions of “employer” in section 124(1) of the Pensions Act 1995, section 318(1)(a) of the Pensions Act 2004 and section 100 of this Act, the scheme is assumed to relate to the description of employment mentioned in subsection (1)(b) above (in addition to any other description of employment to which it relates).

(4)

If—

(a)

the scheme includes more than one section, and

(b)

a section of the scheme is, immediately after the section comes into being, capable of having effect so as to provide benefits to or in respect of people with service in employment of a description,

then for the purposes of the definitions mentioned in subsection (3), both the section and the scheme are assumed to relate to the description of employment mentioned in paragraph (b) (in addition to any other description of employment to which they relate).

Annotations

Commencement

I1: S. 97 not in force at Royal Assent, see s. 133(7)