{
  "url": "https://openlegislation.uk/postal-services-act-2011-transfer-of-accrued-pension-rights-order-2012/schedule-2/paragraph-2",
  "json_url": "https://openlegislation.uk/postal-services-act-2011-transfer-of-accrued-pension-rights-order-2012/schedule-2/paragraph-2.json",
  "legislation": "uksi/2012/687",
  "legislation_title": "The Postal Services Act 2011 (Transfer of Accrued Pension Rights) Order 2012",
  "legislation_url": "https://openlegislation.uk/postal-services-act-2011-transfer-of-accrued-pension-rights-order-2012",
  "path": "schedule/2/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "(1) A Regulated Modification may be made to the RMSPS by the Minister for the Civil Service if—\n(a) it is an amendment or modification which, if the RMSPS were an Equivalent Scheme would not, at the time the amendment or modification is being made, have been subject to or restricted by the “subsisting rights provisions” within the meaning of section 67 of the Pensions Act 1995 at that time, including without limitation an amendment or modification which—\n(i) comes within section 67(3) of the Pensions Act 1995;\n(ii) could have been made by resolution under section 68 of the Pensions Act 1995 or section 24G of the Pension Schemes Act 1993;\n(iii) reflects legislative requirements that have overriding effect in relation to the scheme and are not reflected in the scheme rules;\n(iv) includes in the scheme rules any provision which those rules do not contain but which the scheme must contain if it is to conform with legislative requirements, if those legislative requirements do not have overriding effect in relation to the scheme;\n(b) it is an Equivalent Correction; or\n(c) the following requirements are satisfied in respect of the modification in the case of each Affected Member—\n(i) if the modification is a Protected Modification, the Consent Requirements;\n(ii) if the modification is not a Protected Modification, either the Actuarial Equivalence Requirements (if the Minister for the Civil Service determines that they are to apply in the case of that Affected Member) or the Consent Requirements; and\n(iii) the Reporting Requirement.\n(2) If the Regulated Modification is also an RMPP Restricted Modification, the requirements of paragraph 3 must be satisfied if the modification is to be made.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 substituted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 6(4) (with art. 4)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 2 not in force at made date, see art. 1(3)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 2 para. 2 in force at 1.4.2012 by S.I. 2012/966, arts. 2, 3(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/687/schedule/2/paragraph/2",
    "retrieved_at": "2026-10-29T01:38:16.243439+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."
}