# The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1989

S.I. 1989/500 · made 15 March 1989

These Regulations make miscellaneous amendments to regulations about personal and occupational pension schemes.

Made under: Social Security Act 1975 (Section 168, Schedule 20); Social Security Pensions Act 1975 (Section 52, Schedule 2 paragraph 6); Social Security Act 1986 (Section 1, Section 17, Section 84)

PDFs: Printed copy https://openlegislation.uk/personal-and-occupational-pension-schemes-miscellaneous-amendments-regulations-1989/pdf/uksi_19890500_en.pdf

## Introductory text

PENSIONS
Made 15th March 1989
Laid before Parliament 16th March 1989
Coming into force 6th April 1989
The Secretary of State for Social Security, in exercise of the powers conferred by section 168(1) of, and Schedule 20 to, the Social Security Act 1975, section 52 of, and paragraph 6 of Schedule 2 to, the Social Security Pensions Act 1975, and sections 1(9), 17(1) and 84(1) of the Social Security Act 1986 and all other powers enabling him in that behalf, after considering the report of the Occupational Pensions Board on the proposals submitted to them, hereby makes the following Regulations:

## 1 Citation and commencement

These Regulations may be cited as the Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1989, and shall come into force on 6th April 1989.

## 2 Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1984

In regulations 18(3), 23(5)(b)(ii) and 43(1) of the Occupational Pension Schemes (Contracting-out) Regulations 1984 for “£16” in each place where it appears there is substituted “£17”.

## 3 Amendment of the Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987

After regulation 5 of the Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987 there is inserted–
“Modification of the provisions of Part VI of the Social Security Act 1986 in consequence of Part I of that Act
6 Where a member of an appropriate personal pension scheme or a money purchase contracted-out scheme continues in employment after attaining pensionable age and the commencement of his pension under the scheme is postponed, section 63 of the Social Security Act 1986 shall have effect as if–
(a) the guaranteed minimum pension to which he is treated as entitled by virtue of section 4(1)(a) of that Act or, as the case may be, by virtue of section 29(2A) of the Social Security Pensions Act 1975 was subject to increases in accordance with the provisions of section 35(6) of the Social Security Pensions Act 1975, and
(b) the amounts of any notional increases referred to in paragraph (a) were subject to annual up-rating in the same way as if they were sums to which section 63(1)(d)(i) of the Social Security Act 1986 applied.”.

## 4 Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988

Regulation 12 of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 is amended as follows–
(a) in paragraph 2 for the words “Subject to paragraph (3)” there is substituted “Subject to paragraphs (2A) and (3)”;
(b) in paragraph (2)(a) and (c) for the words “the Secretary of State receives the notice” there is substituted “the notice is completed by the earner”;
(c) after paragraph (2) there is inserted–
“(2A) A notice given–
(a) pursuant to paragraph (2)(a) must be received by the Secretary of State not later than 17th May in the following tax year;
(b) pursuant to paragraph (2)(c) must be received by the Secretary of State not later than 17th May 1989.”.

## Signature

Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
15th March 1989

## Explanatory note

(This note is not part of the Regulations)
These Regulations make miscellaneous amendments to regulations about personal and occupational pension schemes.
Regulation 2 makes amendments to the Occupational Pension Schemes (Contracting-out) Regulations 1984 by providing for an increase, from £16 to £17, in the amount of a state scheme premium below which it need not be paid.
Regulation 3 makes amendments to the Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987 by adding a new regulation 6 which provides for the guaranteed minimum pension to which a member of an appropriate personal pension scheme or a money purchase contracted-out scheme is treated as entitled to be treated as if it were also subject to increments on deferment of pension and for those increments to be subject to annual up-rating.
Regulation 4 makes amendments to the Personal Pension Schemes (Appropriate Schemes) Regulations 1988. It extends in certain circumstances the deadline for notifying the Secretary of State of the date from which a scheme is to be the earner’s chosen scheme.
The report of the Occupational Pensions Board on the draft of these Regulations which had been referred to them, together with a statement showing that the regulations give effect to the Board’s recommendations, is contained in Command Paper No. 653 published by Her Majesty’s Stationery Office.

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Source: https://www.legislation.gov.uk/uksi/1989/500 (the official version)
Page: https://openlegislation.uk/personal-and-occupational-pension-schemes-miscellaneous-amendments-regulations-1989
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

