{
  "url": "https://openlegislation.uk/railway-pensions-transfer-and-miscellaneous-provisions-order-1994/schedule-4",
  "json_url": "https://openlegislation.uk/railway-pensions-transfer-and-miscellaneous-provisions-order-1994/schedule-4.json",
  "legislation": "uksi/1994/2005",
  "legislation_title": "The Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994",
  "legislation_url": "https://openlegislation.uk/railway-pensions-transfer-and-miscellaneous-provisions-order-1994",
  "path": "schedule/4",
  "kind": "schedule",
  "number": "4",
  "heading": "Amendment of the Railways Pension Scheme Order 1994",
  "text": "The Railways Pension Scheme Order 1994 shall be amended as follows—\n(a) in the Pension Trust of the Railways Pension Scheme which is set out in the Schedule to that Order—\n(i) at the end of Clause 2D there shall be inserted the following provision—\n“The provisions of this Clause shall also apply in relation to any breaches of trust committed by the trustee of the BR Pension Scheme (as defined in the Rules of the 1994 Pensioners “A” Section) liability in respect of which has been transferred to the Trustee by article 2(4) of the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994 or any transfer scheme made under the Railways Act provided that such breaches were not due to personal conscious wrongdoing or recklessness on the part of the trustee of the BR Pension Scheme;”\n(ii) at the end of the first paragraph of Clause 2F there shall be inserted the following provision—\n“The Participating Employers (in such proportions as the Trustee requires) shall also reimburse the Trustee for any expenses and liabilities which arise in relation to breaches of trust committed by the trustee of the BR Pension Scheme other than breaches of trust due to the personal conscious wrongdoing or recklessness on the part of that trustee.”\n(iii) after sub-clause 1(e) of Clause 3B there shall be inserted the following provision—\n“However, Clause 8 of the deed set out in that Part is only applicable where the Section adopts the Rules of the Shared Cost Arrangement and the Participating Employer carries on an undertaking (or part of an undertaking) which, on or after 31st March 1993, has been carried on by the Board or a subsidiary of the Board.”;\n(iv) in sub-clause 3 of Clause 8C the words “on or after 1st April 1994” shall be deleted;\n(v) for sub-clause 7(b) of Clause 8C there shall be substituted the following sub-clause—\n“Share of Fund\n(b) In any case where the amount of the transfer payment is calculated on (or limited by reference to) a share of fund basis, the amount shall be as determined by the Trustee having regard to the advice of the Actuary. Where Clause 8C8 applies then for the purposes of calculating the share of fund attributable to transferring Members, pensioners and deferred pensioners no account shall be taken of the Relevant Proportion (if any) of pension rights as defined in Schedule 11 to the Railways Act of Members, pensioners or deferred pensioners, which are not to be transferred.\nFor the purpose of this sub-clause 7(b), “Relevant Proportion” means in respect of pension rights of any person the proportion determined under section 54 of the Transport Act 1980 applicable, by virtue of paragraph 10(5) of Schedule 11 to the Railways Act, to the section to which that person is treated as belonging.”;\n(vi) after sub-clause 7 of Clause 8C there shall be inserted the following sub-clause—\n“TRANSPORT ACT DISREGARD\n8 In circumstances where a transfer payment is to be made for or in respect of a Member, pensioner or deferred pensioner who has qualifying pension rights (within the meaning of paragraph 10 of Schedule 11 to the Railways Act) which are to be transferred to a scheme or section which is, or has been designated under paragraph 10(1) of the said Schedule 11 as a pension scheme which is to be treated as, a B.R. pension scheme for the purpose of Part III of the Transport Act 1980, for the purposes of calculating the amount of that transfer payment under this Clause 8C the Relevant Proportion of his pension rights, as defined in the said Schedule 11, shall be deemed not to have been transferred.\nFor the purposes of this sub-clause 8, “Relevant Proportion” means the proportion determined under section 54 of the Transport Act 1980 applicable, by virtue of paragraph 10(5) of the said Schedule 11, to the section to which that person is treated as belonging.”\n(vii) after Clause 13C there shall be inserted the following Clause—\n“TRANSITIONAL PROVISION FOR AMENDMENT\n13D Until 1st October 1994 each reference in Clauses 13A and 13B to a “Designated Employer” shall be treated as a reference to the Secretary of State; and each reference to a “Pensions Committee” shall be treated as if it were omitted.;” and\n(viii) after Clause 14 there shall be inserted the following Clause—\n“ELIGIBILITY\n15 Without prejudice to the eligibility of any other person to be a member (as defined by Schedule 11 to the Railways Act) of the Scheme, any person who immediately before 1st October 1994 has pension rights (as so defined) under the BR Pension Scheme shall be eligible to be a member (as so defined) of the Scheme.”;\n(b) in the Rules of the 1994 Pensioners “A” Section which are set out in that Schedule, for the first paragraph of Rule 2 there shall be substituted the following provisions—\n“Members are persons who become members of the 1994 Pensioners “A” Section by virtue of Schedule 2 to the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994.;”\n(c) in the Rules of the 1994 Pensioners “B” Section which are set out in that Schedule, for Rule 2 there shall be substituted the following Rule—\n“Members are persons who become members of the 1994 Pensioners “B” Section by virtue of Schedule 2 to the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994.;”\n(d) after Clause 7 of the model Deed of Establishment and Participation in Part 1 of Appendix 3 set out in that Schedule there shall be inserted the following Clause—\n“8 The Participating Employer shall pay no contributions under Rule 3A or Rule 4B in respect of the period which begins on the date of the establishment of the Section and ends immediately before 1st April 1996 unless circumstances arise in which it is appropriate for the Actuary to give an opinion for the purposes of Part III of the Pension Schemes Act 1993 or Part III of the Pension Schemes (Northern Ireland) Act 1993, or in which it would be appropriate for the Actuary to give such an opinion if Pensionable Service were contracted out by reference to the Scheme. In the event of such circumstances arising, if the Actuary considers that the Section Assets are unlikely to be sufficient to provide the benefits for and in respect of Members of the Section, the Participating Employer shall pay, until 31st March 1996, such contributions (which shall not exceed those prescribed in Rules 3A and 4B) as the Actuary determines.”; and\n(e) for Clause 9 of the model Deed of Establishment and Participation in Part 2 of Appendix 3 set out in that Schedule there shall be substituted the following Clause—\n“9 The Participating Employer shall pay no contributions under Rule 3A or Rule 4B in respect of the period which begins on the date of the establishment of the Section and ends immediately before 1st April 1996 unless circumstances arise in which it is appropriate for the Actuary to give an opinion for the purposes of Part III of the Pension Schemes Act 1993 or Part III of the Pension Schemes (Northern Ireland) Act 1993, or in which it would be appropriate for the Actuary to give such an opinion if Pensionable Service were contracted out by reference to the Scheme. In the event of such circumstances arising, if the Actuary considers that the Section Assets are unlikely to be sufficient to provide the benefits for and in respect of Members of the Section, the Participating Employer shall pay, until 31st March 1996, such contributions (which shall not exceed those prescribed in Rules 3A and 4B) as the Actuary determines.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1994/1433."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/2005/schedule/4",
    "retrieved_at": "2026-10-29T13:28:33.001078+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."
}