# The Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994, Article 3: Amendment of the Railway Pensions (Protection and Designation of Schemes) Order 1994


The Railway Pensions (Protection and Designation of Schemes) Order 1994 shall be amended as follows—
(a) in article 6(6) (winding up) for the words from “the steps set out” to “as the circumstances may require,” there shall be substituted the words “the requirements set out in paragraph (7) or (8), as the case may require, have first been complied with and any steps which are taken for the purpose of winding up such a scheme or part thereof without those requirements having first being complied with”;
(b) in article 6(8) (winding up) for the words from “is sufficient” to “pension rights were” there shall be substituted the words “, in the opinion of the scheme actuary of the scheme which is to be wound up, is sufficient to secure relevant pension rights which are no less favourable than that person’s relevant pension rights were immediately before the transfer”;
(c) in article 7(4) (contributions)—
(i) in sub-paragraph (a) for the words from “the difference” to the end of that sub-paragraph there shall be substituted the words “any part of the transfer value calculated by the scheme actuary under article 6(2) and (3) which is not paid under that article; and”; and
(ii) in sub-paragraph (b) for the words from “such part” to the end there shall be substituted the words “any part of any amount required to be paid under sub-paragraph (a) which is not paid.”;
(d) in article 9(1) (circumstances in which breaks in continuity of employment are disregarded)—
(i) for sub-paragraph (b) there shall be substituted the following sub-paragraph—
“(b) any break in the continuity of employment of a person which consists of a period which begins with the ceasing of employment with an employer (“the former employer”) who was participating in the joint industry scheme and ends with the entering into employment with an associated employer of the former employer who is participating in that scheme, where that period would have been disregarded in determining continuity of employment of the person in question if both before and after that period his employer had been either the former employer or that associated employer”; and
(ii) in sub-paragraph (c) from the beginning of that sub-paragraph to the end of sub-paragraph (c)(i) there shall be substituted the following words—
“(c) any break in the continuity of employment of a person which consists of a period which begins with the ceasing of employment with an employer (“the former employer”) who is engaged in the railway industry and ends with the entering into employment with another employer (“the other employer”) who is engaged in that industry where that period—
(i) would have been disregarded in determining the continuity of employment of the person in question if both before and after that period his employer had been either the former employer or the other employer;”; and
(e) in article 12(2)(b) (elections) for the words “railway industry” there shall be substituted the words “joint industry scheme”.

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Source: https://www.legislation.gov.uk/uksi/1994/2005/article/3 (the official version)
Page: https://openlegislation.uk/railway-pensions-transfer-and-miscellaneous-provisions-order-1994/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.