Paragraph 3 F1

(1)

If on any valuation day the value of a qualifying scheme’s assets, as determined in accordance with regulations, exceeds the value of its liabilities, as so determined, the amount of the excess (the “valuation surplus”) shall be applied in accordance with the following provisions of this paragraph in providing for annual increases, up to the aggregate referred to in sub-paragraph (6) below, in the annual rate of the earlier service component of each pension under the scheme that would not, apart from this Schedule, be increased as mentioned in section 58A(1)(b) of this Act.

(2)

The amount of each annual increase to be provided in pursuance of this paragraph in consequence of a valuation surplus shall be an amount equal to the appropriate percentage of the annual rate of the earlier service component of the pension in question as applicable immediately before that annual increase takes effect.

(3)

Except in a case where regulations otherwise provide, the days which are “valuation days” for the purposes of this paragraph are—

(a)

the appointed day; and

(b)

each subsequent day as at which the assets and liabilities of the scheme in question are actuarially valued for any purpose.

(4)

Where, in consequence of a valuation surplus, this paragraph requires provision to be made for annual increases in the annual rate of the earlier service component of a pension, the first of those increases shall take effect not later than the first anniversary of the later of—

(a)

the valuation day as at which the valuation was made which disclosed the valuation surplus; or

(b)

the commencement of the pension;

and subsequent increases shall take effect at intervals of not more than twelve months thereafter.

(5)

In any case where—

(a)

a valuation of the assets and liabilities of a qualifying scheme discloses a valuation surplus, but

(b)

the amount of the surplus is insufficient to provide in full for the annual increases otherwise required by this paragraph in pensions under the scheme,

the valuation surplus shall be applied in providing for the increases so required but only at the percentage rate that would apply year by year in relation to those increases if, for the maximum percentage of 5 per cent. specified in section 52A(9)(a) above, there were substituted such lower percentage as represents the greatest maximum percentage, as determined in accordance with regulations, by reference to which the valuation surplus is sufficient to provide for annual increases in the earlier service component of the pensions in question.

(6)

If a valuation surplus is disclosed on a valuation at any time when either—

(a)

provision has already been made by the scheme for the annual rate of the earlier service component of every such pension as is mentioned in sub-paragraph (1) above to be increased annually in the aggregate by at least the appropriate percentage of that rate, or

(b)

the application of part only of the valuation surplus would be sufficient to secure that result,

this paragraph does not require that valuation surplus or, as the case may be, the remaining part of it, to be applied in the provision of increases under this paragraph.

(7)

the powers conferred by sub-paragraphs (1) and (5) above to make regulations include, respectively, power to provide that the valuation of the scheme’s assets or liabilities is to be calculated and verified, or the percentage in question is to be determined,—

(a)

in such manner as may, in the particular case, be approved—

(i)

by a prescribed person;

(ii)

by a person with prescribed professional qualifications or experience; or

(iii)

by a person approved by the Secretary of State;

(b)

in accordance with guidance prepared by a prescribed body;

(c)

in accordance with prescribed principles and requirements; or

(d)

in accordance with principles determined by the person who performs the duties of calculation and verification.

(8)

This paragraph is subject to paragraphs 4 to 7 below.

Annotations

Textual amendments

F1: Sch. 3A repealed (7.2.1994) by 1993 c. 48, s. 188(1), Sch. 5 Pt.I; S.I. 1994/86, art. 2

Notes on Schedule 3A

Textual amendments

F2: Sch. 3A inserted (prosp.) by Sch. 2 to Social Security Act 1990 (c. 27)