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The Pensions Act 2014 (Commencement No.7) and (Savings) (Amendment) Order 2015

S.I. 2015/2058 · Made 16 December 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Pensions

Made 16th December 2015

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 56(1), (4), (7) and (8) of the Pensions Act 2014f1:

Annotations to the whole text

Footnotes

f1

2014 c.19.

Contents

  1. 1Citation and commencement
  2. 2Commencement of provisions
  3. 3Amendment of the Pensions Act 2014 (Savings) Order 2015
  4. Signature
  5. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Pensions Act 2014 (Commencement No.7) and (Savings) (Amendment) Order 2015.

(2)

This article and article 2 come into force on 15th January 2016.

(3)

Article 3 comes into force on 6th April 2016.

2Commencement of provisions

The following provisions of the Pensions Act 2014 are commenced only for the purposes of making regulations—

(a)

section 23 (amendments) and paragraphs 2 and 6(1) of Schedule 12 (amendments to do with new state pension system) only in so far as they relate to the provision in paragraph (b); and

(b)

paragraph 6(3) of Schedule 12.

3Amendment of the Pensions Act 2014 (Savings) Order 2015

(1)

The Pensions Act 2014 (Savings) Order 2015f1 is amended as follows.

(2)

In article 1 (citation, commencement and interpretation)—

(a)

in paragraph (3), for “2(1) and (2)” substitute “2(1), (2) and (3A)”; and

(b)

in paragraph (4), after the definition of “PPF assessment period”, insert—

  • ““reference scheme minimum benefit” means a salary related benefit which is defined by reference to section 12B of the 1993 Act (reference scheme)f2 and which, under the provisions of the scheme, will be provided as a minimum pension payable to the member;”.

(3)

In article 2 (savings)—

(a)

in paragraph (1), omit “33,”;

(b)

in paragraph (2), omit sub-paragraph (g);

(c)

after paragraph (2), insert—

“(2A)

Sections 12A to 12D of the 1993 Act (requirements for certification of occupational pension schemes applying from 6th April 1997) continue to have effect, as if the repeals made by paragraphs 10 and 11 of Schedule 13 to the Act had not been made, in relation to a scheme that was a salary related contracted-out scheme and which provides a reference scheme minimum benefit in order to meet the statutory standard in section 12A, and in relation to the period of a member’s contracted-out employment which ended before or on the second abolition date.”;

(d)

after paragraph (3), insert—

“(3A)

Section 50 of the 1993 Act (powers of HMRC to approve arrangements for scheme ceasing to be certified)f3 continues to have effect, as if that section had not been repealed by paragraph 33 of Schedule 13 to the Act, in relation to a salary related contracted-out scheme which ceased to be such a scheme before the second abolition date.”; and

(e)

after paragraph (5) insert—

“(6)

Section 87(1)(a) of the 1993 Act (general protection principle)f4 continues to have effect, as if sub-paragraph (i) had not been substituted by paragraph 38 of Schedule 13 to the Act, in relation to earners whose service in contracted-out employment ended before the second abolition date.”.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Altmann

Minister of State,

Department for Work and Pensions

16th December 2015

Explanatory note

(This note is not part of the Order)

This is the seventh Commencement Order made under the Pensions Act 2014 (c.19). It brings into force paragraph 6(3) of Schedule 12 to the Pensions Act 2014 to enable regulations to be made in relation to National Insurance credits in the new state pension system.

This Order also makes amendments to the Pensions Act 2014 (Savings) Order 2015 (S.I. 2015/1502). Sections 12A to 12D of the Pensions Act 1993 (c.48) (“the 1993 Act”) are saved in relation to a former salary related contracted-out scheme which operates a reference scheme minimum benefit which is defined by reference to section 12B of the 1993 Act. Section 50 of the 1993 Act is saved for a period of 3 years in relation to salary related contracted-out schemes that ceased to be such schemes before the second abolition date. Section 87(1)(a) of the 1993 Act is saved in relation to an earner whose service in contracted-out employment ended before the second abolition date.

An analysis of the impact of this legislation has been made as part of the analysis of the Pensions Act 2014. A copy is available in the libraries of both Houses of Parliament. Copies may also be obtained from the Better Regulation Unit of the Department for Work and Pensions, 2D, Caxton House, Tothill Street, London SW1H 9NA.