{
  "url": "https://openlegislation.uk/railways-pension-scheme-order-1994/schedule/appendix-5",
  "json_url": "https://openlegislation.uk/railways-pension-scheme-order-1994/schedule/appendix-5.json",
  "legislation": "uksi/1994/1433",
  "legislation_title": "The Railways Pension Scheme Order 1994",
  "legislation_url": "https://openlegislation.uk/railways-pension-scheme-order-1994",
  "path": "schedule/appendix/5",
  "kind": "appendix",
  "number": "5",
  "heading": "MODEL SCHEME OF DELEGATION",
  "text": "The following powers and duties or any of them shall be delegated by the Trustee to the Pensions Committee (“PC”) subject to and in accordance with Clause 2B (Delegation).\nPENSION TRUST\nDELEGATION TO PC\nContributions (Clauses 5B, 5C and 5D)\ncollecting of Participating Employer and Member contributions\ndeciding method of payment of Members' contributions if not by payroll deduction\nPayment of Benefits (Clause 7A)\ndeciding whether to waive interest if trivial\ndeciding whether or not interest should be payable and if so, amount of interest\nDeduction of Tax (Clause 7B)\nright to deduct from any payment\nBeneficiary who is incapable (Clause 7C)\nmaking of decisions for beneficiary who is incapable\nBenefits not assignable (Clause 7D)\npaying out of equivalent benefit\nForfeiture of benefits (Clause 7E)\nexercise of forfeiture provisions\nNotices (Clause 7F)\nform and time limit for Member notices\nCommutation: Triviality (Clause 8A)\ncommutation of pension for triviality\nTransfers–in (Clause 8B)\naccepting transfers and agreeing benefits to be provided\ncollection of transfer payments\nTransfers–out (Clause 8C)\ndeciding increased transfer payments\nBuy–outs (Clause 8D)\ndeciding whether to “buy–out” benefits and obtaining any necessary consents\ndetermining that amount of payment is equal in value\nTransferred GMPs (Clause 9F)\ndeciding on revaluation rate\nThe following apply only in respect of the rules of the Defined Benefit Arrangement\nPart 2 — Appendix 2\nRULES\nDELEGATION TO PC\nDefinitions (Rule 1)\ndetermining “Dependant”\ndetermining “Incapacity”\ndetermining “Pensionable Pay”\nJoining the Section (Rule 2)\ndetermining form of application to join Section\nAdditional Voluntary Contributions by Members (Rule 4)\nadministering elections to pay (including election to vary or stop paying) Additional Voluntary Contributions and repaying any surplus contributions\nEarly Retirement through Incapacity (Rule 5D)\nmonitoring recovery and deciding any reductions or suspension\nLump Sums, Dependants' Pension, Early Retirement Level Pension Option (Rules 6A, 6B and 6C)\ndeciding adjustments to benefit\nDiscretionary Trusts (Rule 7D)\npayment of lump sum\nMember with Preserved Pension (Rule 7C)\nagreeing rate of interest on refund of contributions\nChildren/Spouse/Dependants Rule 8)\ndetermining proportionate split of children’s pension between dependants (where not fixed)\ndetermining qualification\ndeciding to pay a smaller pension where there is no surviving spouse\nRights to transfer and “buy–out” (Rule 10)\nreceiving application\ncomplying with all aspects of a Member’s request for a transfer or “buy–out”\nextension of right to Members without statutory right\nOther Choices for Early Leavers (Rule 11)\nagreeing early benefit options\nEarly Leavers Rejoining (Rule 12)\nagreeing to continuity of service\nBenefits for Members away from Work (Rule 13D)\nagreeing benefits\nMaternity (Rule 14)\nagreeing provisions\nPart–time Employment (Rule 15)calculating benefits on equitable basis\nOpting–out (Rule 17)\nopting–out procedures\nDiscretionary Benefits (Rule 18C)\nproviding increased or additional benefits, deciding whether additional contributions are appropriate\nOff–set (Rule 18B)\nreducing benefits for crime, fraud or negligence\nSerious Ill–health (Rule 18D)\nallowing commutation\nThe following apply only in respect of the rules of the Shared Cost Arrangement\nPart 1 — Appendix 2\nRULES\nDELEGATION TO PC\nDefinitions (Rules)\n“Eligible Child”\ndetermination\n“Eligible Dependant”\ndetermination\n“Eligible Spouse”\ndetermination\n“Forecast GMP”\ndetermination\n“Incapacity”\ndetermination\n“Legal Spouse”\ndetermination\n“Pay”\ndetermination\n“Pensionable Service”\ndetermination\nJoining the Section (Rule 2)\ndeciding whether to backdate membership\nagreeing to vary eligibility requirements\ndeciding to require medical evidence\nNormal Contributions by Members (Rule 3B)\ndeciding that a Member should cease to be in Pensionable Service where contributions are outstanding\nagreeing variation of Members' contribution rate\nAdditional Voluntary Contributions (Rule 4A)\nreceiving election to pay, vary, or stop payment of Additional Voluntary Contributions\nrepaying surplus Additional Voluntary Contributions\nAdditional Contributions by Participating Employers (Rule 4B)\nnotifying Members of Participating Employer’s decision to stop “matching” and receiving notices of Participating Employers\nAdditional Contributions from Professionals (Rule 4E)\ndeciding special terms; reducing added years for early leavers; determining lump sum payment.\napproving Added Years\nEarly Retirement through Incapacity (Rule 5D)\nrecovery of incapacity pensioner\ndeciding admissibility of incapacity application made out– side 12 months\nElections at Retirement (Rule 6)\nreceiving notices\nPensions for Eligible Spouse and Eligible Dependants (Rules 7C, 7D, 8C and 8D)\namount of reduction for young spouse or dependants\napportioning Eligible Dependant’s pension\ndeciding to extend Dependant’s pension beyond 12 years\nMember’s right to transfer or “buy– out” (Rule 10A)\ncomplying with Member’s request\nextending statutory right\nEarly Benefits (Rule 11A)\nagreeing to early benefits; satisfying value for money test\nEarly Leavers Rejoining (Rule 12)\nagreeing to treat service as continuous\nBenefits for Members away from Work (Rule 13D)\ndeciding provisions to apply where contributions are not fully paid\nMaternity (Rule 14)\nagreeing provisions\nOpting out (Rule 16)\nprocedure\nMembers who were members of the BR Pension Scheme on 16th September 1991 (Rule 17B)\ndeciding to grant additional Pensionable Service\nOff–set for Crime or Fraud (Rule 18B)\ndeciding amount of reduction\nDiscretionary Death Benefit Trust (Rule 18C)\npaying lump sum; receiving notices\nMembers with no Personal Representatives (Rule 18D)\npaying lump sum\nDiscretionary Benefits (Rule 18E)\nagreeing benefit if full cost not met; providing benefits\nSurplus Assets (Rule 20)\nagreeing application\nShortfall (Rule 21)\nagreeing provisions\nSurplus Assets (Rule 22C)\naugmenting benefits\nSchedule 1\ndetermining special terms on leaving service (para 6) and adjustments for members re–admitted to the Existing Salaried Staff Superannuation Schemes (para 7) and for members of Existing Salaried Staff Superannuation Schemes subject to special conditions (para 8)\nSchedule 3\napplication of policy proceeds on death\nSchedule 4\nagreeing contributions\nSchedule 6\njoint annuity option — notification of revocation (para 4(i))\nSchedule 9\napproving and deciding the procedure for antedating membership\nwaiver of reduction revision of contributions\nThe following apply only in respect of the rules of the 1994 Pensioners “A” and “B” Sections\nAppendix I\nRULES\nDELEGATION TO PC\n“Eligible Child”\ndetermination\n“Eligible Dependant”\ndetermination\n“Eligible Spouse”\ndetermination\n“Forecast GMP”\ndetermination\n“Legal Spouse”\ndetermination\nMembership of the Section (Rule 2)\nagreeing admission\nBenefits (Rule 4)\nnotification of basis\nPensions for Eligible Spouse and Eligible Dependants (Rule 5C and 5D)\namount of reduction for young spouse;\napportioning Eligible Dependant’s pension;\ndeciding to extend Eligible Dependant’s pension beyond 10 years\nMember’s right to transfer or “Buy–out” (Rule 7A)\ncomplying with Member’s transfer out or “buy–out” request extending statutory right\nOther Choices for Early Leavers (Rule 8)\nreceiving notices\nEarly Benefits (Rule 8A)\nagreeing to early benefits; satisfying value for money test\nEarly Retirement Level Pension Option (Rule 8E)\nreceiving notices\nAdditional Pension (Rule 8B)\nreceiving notices\nAdditional Lump Sum (Rule 8C)\nreceiving notices\nJoint Annuitants (Rule 8D)\nreceiving notices\nPension for Spouse of Member who ceased contributing before 1st July 1988 and died on or after 1st July 1988 (Rule 9B)\ndeciding young spouse reduction\nMember ceased contributing bet– ween 1st July 1986 and 30th June 1988 and dies after 16th September 1991 (Rule 9D)\ndeciding young spouse reduction\nOff–set for Crime or Fraud (Rule 11A)\ndeciding amount of reduction\nDiscretionary Death Benefit Trust (Rule 11B)\npaying lump sum; receiving notices\nMembers with no Personal Representatives (Rule 11C)\npaying lump sum\nSurplus Assets (Rule 13)\nuse of surplus assets\nShortfall (Rule 14)\nuse of assets to meet shortfall; applying the Special Reserve Fund and reducing Members' benefits\nUse of assets (Rule 15)\nagreeing the strategic investment policy; agreeing the continuance or variation of the investment policy.\nThe following apply only in respect of the rules of the Defined Contribution Arrangement\nPart 3 — Appendix 2\nRULES\nDELEGATION TO PC\nDefinitions (Rule 1)\ndetermining “Dependant”\ndetermining “Incapacity”\ndetermining “Pensionable Pay”\nJoining the Section (Rule 2)\ndeciding form of application to join Section\nEvidence of Health (Rule 2B)\nrequiring evidence\nAdditional Voluntary Contributions by Members (Rule 4)\nadministering elections to pay Additional Voluntary Contributions and repaying any surplus contributions\nUsing the Member’s Accumulated Fund (Rule 6B)\nagreeing to a lump sum payment calculating benefits\nMaximum Lump Sum (Rule 6C)\npermitting larger payment\nDeath Benefits (Rule 7)\ndeciding benefits to be provided\npayment of lump sum\nPreserved Benefits (Rule 9A)\nconsenting to a later payment\nMember’s right to transfer or “Buy–out” (Rule 10A)\ncomplying with Member’s request extending statutory right\nMaternity (Rule 12)\nagreeing provisions\nOpting Out (Rule 14)\nopting out procedures\nGeneral Rules about Benefits (Rule 15)\ndeciding to guarantee pension\ndeciding to continue payment to child\nOff–set (Rule 15E)\nreducing benefits for crime, fraud or negligence\nDiscretionary Benefits (Rule 15F)\nproviding benefits\ndeciding need for additional contributions\nSerious Ill–health (Rule 15G)\ndeciding commutation\nTransfers–in/Transfers–out “buy–out” (Rule 15H, I and J)\ndecision",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "amended",
      "affecting": "uksi/1994/2005",
      "affecting_title": "The Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/1433/schedule/appendix/5",
    "retrieved_at": "2026-10-29T13:32:29.265047+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."
}