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The Postal Services Act 2011 (Transfer of Accrued Pension Rights) Order 2012

S.I. 2012/687 · Made 8 March 2012 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 December 2014.

Postal Services

Made 8th March 2012

Laid before Parliament 9th March 2012

Coming into force in accordance with article 1(2) to (4)

The Secretary of State makes the following Order in exercise of the powers conferred by section 17, 18, 19, 20(6), 25, 26 and 89(2) of the Postal Services Act 2011f1. The Secretary of State has consulted the parties required by section 25(1), obtained consent of the Treasury in accordance with section 25(2), and makes this Order in compliance with section 20(2) of the Postal Services Act 2011.C1

Annotations to the whole text

Modifications

C1

Order: transfer of functions (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 2(1) (with art. 4)

Footnotes

f1

2011 c.5.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Establishment of the RMSPS
  4. 4Article 4
  5. 5Transfer of qualifying accrued rights from RMPP to RMSPS
  6. 6Article 6
  7. 7Discharge of Trustee
  8. 8Article 8
  9. 9Application of occupational pensions legislation to RMSPS
  10. 10Article 10
  11. 11Amendments to the RMPP
  12. 12Article 12
  13. 13Participation of POL in the RMPP and division of the RMPP into different sections
  14. 14Article 14
  15. 15References to Minister for the Civil Service
  16. Signature
  17. Schedule 1: The Royal Mail Statutory Pension Scheme Rules
  18. Part I: CLAUSES
  19. 1Purpose, definitions and interpretation
  20. 2Civil Partners
  21. 2AMarriage of a same sex couple
  22. 2BLiving together as a same sex couple
  23. 2CContinuation of marriage where Scheme member acquires new legal gender
  24. 3Benefits payable in respect of Wholly Transferred Beneficiaries
  25. 4Benefits payable in respect of Cut-Off Date Actives
  26. 5New POL Scheme
  27. 6Member choices and nominations made under the RMPP
  28. 7Payment of benefits
  29. 8Limitations of Claims
  30. 9Augmentation and new benefits
  31. 10Additional voluntary contributions transferred from the RMPP
  32. 11Individual transfers out of the Scheme
  33. 12Pension sharing on divorce
  34. 13Overriding Finance Act 2004 Provisions
  35. 14Contracting-out
  36. 15Prevention of discrimination on grounds of age
  37. 16Set-off for crime, fraud or negligence
  38. 17Ambiguity, doubt or dispute
  39. 18Preservation Laws
  40. 19Surrender and Forfeiture Laws
  41. Part II: THE GENERAL RULES OF THE SCHEME
  42. 1Application of the General Rules
  43. 2RMSPS Reckonable Service
  44. 3Refund of contributions
  45. 4Payment of benefits
  46. 5Non-assignability of benefits and forfeiture
  47. 6Member’s power to place benefits within the Secretary of State’s discretion
  48. 7Application of Sections A and B – election for Section B benefits
  49. 8Delay in payment
  50. 9Added Years
  51. 10Provisions relating to application of General Rules 11 to 16
  52. 11Widows’ pensions: Members’ choices
  53. 12Members’ choice of methods of payment of contributions
  54. 13Plan M
  55. 14Plan U
  56. 15Plan L
  57. 16Election for Widower’s pension in respect of service prior to 1 December 1971
  58. Part III: SECTION A RULES OF THE SCHEME
  59. 1Application
  60. 2Benefits of Section A Actives under the RMSPS
  61. 3Pensions increase
  62. 4Payment of RMSPS benefits
  63. Part IV: SECTION B RULES OF THE SCHEME
  64. 1Application
  65. 2Definitions and interpretation
  66. 3Benefits payable to Members on retirement
  67. 4Payment of RMSPS benefits, retirement options and flexible retirement
  68. 5Benefits payable to Members who retire on ill health grounds or compassionate grounds
  69. 6Benefits payable to Members who retire under the RMPP in the interests of efficiency
  70. 7Benefits payable to Members who retire under the RMPP on redundancy
  71. 8Benefits payable to Members who take early voluntary retirement under the RMPP
  72. 9Lump sum benefits payable on death of a Member
  73. 10Service in unhealthy places
  74. 11Spouse’s pension
  75. 12Spouse’s pension for Relevant Members
  76. 13Provisions applicable to Rules 11 and 12
  77. 14Children’s pensions
  78. 15Dependants’ pensions
  79. 16Surrender of part pension to provide for a spouse or other Dependant
  80. 17Conversion of lump sum into pension
  81. 18Commutation of pension
  82. 19Pensions increase
  83. 20Terminal illness
  84. Part V: SECTION C RULES OF THE SCHEME
  85. 1Application
  86. 2Definitions and interpretation
  87. 3Benefits payable to Members on retirement
  88. 4Payment of RMSPS benefits, retirement options and flexible retirement
  89. 5RMSPS Pension Supplement
  90. 6Late retirement
  91. 7Early retirement through incapacity
  92. 8Choosing a lump sum benefit
  93. 9Lump sum death benefits
  94. 10Discretionary trusts
  95. 11Pensions for spouses, children and dependants
  96. 12Spouse’s pension and dependants’ pension
  97. 13Children’s pensions
  98. 14Spouse’s and children’s pensions
  99. 15Orphans
  100. 16Revaluation of preserved pensions
  101. 17Pension increases
  102. 18Deduction of tax
  103. Part VI: SECTION E RULES OF THE SCHEME
  104. 1Application
  105. 2Interpretation
  106. 3Definition
  107. 4Transfer of RMPP Reckonable Service
  108. 5Section E benefits
  109. 6Application of General Rules to Section E Members
  110. 7Benefits on redundancy
  111. Part VII: TRUSTS, POWERS AND PROVISIONS UPON, WITH AND SUBJECT TO WHICH THE DESIGNATED SUM IS TO BE HELD IN PURSUANCE OF A DIRECTION GIVEN BY A MEMBER UNDER GENERAL RULE 6
  112. 1Rule 1
  113. VIIILIST OF COUNTRIES AND PLACES TO WHICH SECTION B RULE 10 APPLIES
  114. Part IX: OVERRIDING FINANCE ACT PROVISIONS
  115. 1Rule 1
  116. 2Rule 2
  117. 3Rule 3
  118. 4Rule 4
  119. 5Rule 5
  120. 6Rule 6
  121. 7Rule 7
  122. 8Rule 8
  123. 9Rule 9
  124. 10Rule 10
  125. Schedule 2: Restrictions on amendments to the RMSPS
  126. 1Paragraph 1
  127. 2Paragraph 2
  128. 3Paragraph 3
  129. 4Paragraph 4
  130. 5Paragraph 5
  131. 6Paragraph 6
  132. 7Paragraph 7
  133. 8Paragraph 8
  134. 9Paragraph 9
  135. 10Paragraph 10
  136. 11Paragraph 11
  137. 12Paragraph 12
  138. 13Paragraph 13
  139. 14Paragraph 14
  140. 15Paragraph 15
  141. 16Paragraph 16
  142. 17Paragraph 17
  143. 18Paragraph 18
  144. 19Paragraph 19
  145. 20Paragraph 20
  146. Schedule 3: Pension sharing orders, pension attachment orders and other orders related to earnings
  147. 1Interpretation
  148. 2Pension Sharing Orders
  149. 3Paragraph 3
  150. 4Paragraph 4
  151. 5Paragraph 5
  152. 6Paragraph 6
  153. 7Pension Attachment Orders
  154. 8Paragraph 8
  155. 9Paragraph 9
  156. 10Orders for deductions from earnings
  157. 11Money purchase benefits
  158. 12No further obligations of the RMPP
  159. Schedule 4
  160. Part I: OCCUPATIONAL PENSIONS LEGISLATION APPLICABLE TO RMPS
  161. 1Interpretation
  162. 2Matrimonial Causes Act 1973
  163. 3Matrimonial Causes (Northern Ireland) Order 1978
  164. 4Family Law (Scotland) Act 1985
  165. 5Pension Schemes Act 1993
  166. 6Pensions Act 1995
  167. 7Welfare Reform and Pensions Act 1999
  168. 8Welfare Reform and Pensions (Northern Ireland) Order 1999
  169. 9Civil Partnership Act 2004
  170. 10Equality Act 2010
  171. Part II: TREATING THE RMSPS AS A SALARY-RELATED CONTRACTED-OUT SCHEME
  172. 11Interpretation
  173. 12Application of contracting-out legislation to the RMSPS
  174. 13Paragraph 13
  175. 14Paragraph 14
  176. 15Paragraph 15
  177. Schedule 5: Release of security
  178. 1Interpretation
  179. 2Amendments to Security Agreements
  180. 3Paragraph 3
  181. 4RMH Escrow Reserve
  182. Explanatory note