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

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