{
  "url": "https://openlegislation.uk/personal-and-occupational-pension-schemes-miscellaneous-amendments-no-2-regulations-1990/note",
  "json_url": "https://openlegislation.uk/personal-and-occupational-pension-schemes-miscellaneous-amendments-no-2-regulations-1990/note.json",
  "legislation": "uksi/1990/1142",
  "legislation_title": "The Personal and Occupational Pension Schemes (Miscellaneous Amendments) (No. 2) Regulations 1990",
  "legislation_url": "https://openlegislation.uk/personal-and-occupational-pension-schemes-miscellaneous-amendments-no-2-regulations-1990",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make miscellaneous amendments to Regulations about personal and occupational pension schemes.\nRegulation 2 amends the Occupational Pension Schemes (Contracting-Out) Regulations 1984. Regulation 18A of those Regulations is amended to prevent the payment of a transfer premium where the earner’s accrued rights are transferred to a personal pension scheme that is an appropriate scheme. Regulation 34 is amended to clarify the circumstances in which an earner’s accrued rights to guaranteed minimum pensions may be commuted for a lump sum.\nRegulation 3 amends the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984. It allows periods that are relevant to the calculation of certain credits, and the amount of certain deductions, to be rounded to the nearest, next highest or next lowest calendar month.\nRegulation 4 replaces regulation 10 of the Occupational Pension Schemes (Revaluation) Regulations 1985 to make it clear that revaluation only applies up to normal pension age, even where benefits are subsequently varied at state pension age.\nRegulation 5 amends regulation 2A of the Occupational Pension Schemes (Transfer Values) Regulations 1985. It makes clear the part of any benefits that have accrued to or in respect of a member of an occupational pension scheme as a result of pensionable service to which the member is entitled to a cash equivalent on “opting out” of the scheme.\nRegulation 6 amends regulation 3 of the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987. It creates an exception to the provision that prevents incentive payments under section 7 of the Social Security Act 1986 being made in respect of an earner whose employment has been contracted-out by reference to another scheme at some time during the period 1st January 1986 to 5th April 1993. The exception applies where the earner has moved from one scheme to another following a change in the identity of the employer and payments were being made to the first scheme before the earner moved.\nRegulation 7 amends regulation 10 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987 which sets out the manner in which a member’s protected rights must be used if the member dies before effect is given to those rights. Until now, where a member of a personal pension scheme was survived by a qualifying widow or widower, the member’s protected rights had to be used to provide a pension for that widow or widower. The amendment allows those rights to be paid as a lump sum where they are not sufficient to provide a pension of more than £104. This option is already available to occupational pension schemes.\nThe report of the Occupational Pensions Board on the draft of these Regulations which was referred to them, together with a statement by the Secretary of State showing that these Regulations give effect to the Board’s recommendations, is contained in Command Paper No. 1087, published by Her Majesty’s Stationary Office.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1990/1142/note",
    "retrieved_at": "2026-10-29T15:19:56.579785+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}