The Financial Assistance Scheme Regulations 2005
S.I. 2005/1986 · Made 19 July 2005 · Extends to United Kingdom
PENSIONS
Made 19th July 2005
Coming into force in accordance with regulation 1
M1Whereas a draft of this instrument was laid before Parliament in accordance with section 316(2)(n) of the Pensions Act 2004 and approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 286, 315(2) and 318(1), (4)(a) and (5) of that Act M2, and of all other powers enabling him in that behalf, hereby makes the following Regulations:C1C2C3C4
Annotations to the whole text
Marginal citations
- M1
- M2
Section 286 is modified in relation to multi-employer schemes by S.I.2005/441. Section 318(1) is cited because of the meaning ascribed to the words “modifications”, “prescribed” and “regulations”.
Modifications
- C1
Instrument applied (with modifications) (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), arts. 1, 3, Sch.
- C2
Instrument applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1 (with reg. 27(a))
- C3
Instrument applied (24.7.2014) by The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014 (S.I. 2014/1711), regs. 1(1), 72(3) (with regs. 6, 41, 44(1), 47(1), 69(2), 72(1), 76(1)); coming into force immediately after s. 29 of 2011 c 19 - see S.I. 2014/1683, art. 2
- C4
Regulations applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 paras. 2, 3 (with reg. 5); (as amended (4.1.2024) by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 4)
Contents
- Part 1: GENERAL
- 1Citation, commencement and extent
- 2Interpretation
- 3Commencement of winding up
- 4Application of Parts 1 and 2 of the Act
- Part 2: ESTABLISHMENT OF THE FINANCIAL ASSISTANCE SCHEME
- 5Scheme manager
- 5AFunctions of the Board of the Pension Protection Fund in relation to the financial assistance scheme Repealed
- 6Financial and other arrangements to enable or assist the Board of the Pension Protection Fund to carry out its functions in relation to the financial assistance scheme
- 6AUse of information
- 7Annual reports Repealed
- 8Delegation Repealed
- Part 3: QUALIFYING PENSION SCHEMES
- 9Qualifying pension schemes
- 10Other schemes which are not qualifying pension schemes
- 11Condition to be satisfied by employer
- 12Condition to be satisfied: multi-employer schemes
- 12AEmployer-related condition
- 12BEmployer-related condition: multi-employer schemes
- 13Insolvency events
- 14Notification of details
- 14AWorking with qualifying pension schemes
- 14BPayments in relation to administration or other costs
- Part 4: QUALIFYING MEMBERS
- 15Qualifying members
- 15AQualifying members for the purposes of section 286A Repealed
- 16Insufficient assets Repealed
- 16ASurvivors
- 16BSurviving dependants
- Part 5: ANNUAL AND INITIAL PAYMENTS
- 17Annual payments
- 17AIll health payments
- 17AAMeaning of “the FAS cap”
- 17BInterim ill health payments
- 17CAnnual payments for certain applications in cases of severe ill health
- 17DLump sum payments
- 17ERedetermination of an annual payment previously determined in accordance with Schedule 4
- 17FRedetermination of an ill health payment previously determined in accordance with Schedule 6
- 17GPayments to beneficiaries other than qualifying members, survivors and surviving dependants
- 17HPayments to qualifying members receiving a pension from the qualifying pension scheme before entitlement to an annual payment or ill health payment
- 18Initial payments
- 18ADeath benefit guarantees
- Part 6: ADMINISTRATION OF PAYMENTS
- 19Time and manner of payment: general provisions
- 20Direct credit transfer
- Part 7: Valuation of assets and liabilities
- 21Application of this Part
- 22Scheme manager to obtain a valuation of assets and liabilities
- 23Valuation of assets
- 24Power of the scheme manager to determine the value of an asset
- 25Approval of valuation
- 26Binding valuation
- Part 8: Scheme manager functions after a valuation
- 27Scheme manager calculations after a valuation
- 28Determination of certain asset shares, notional pensions and survivor notional pensions
- 29Transfer notice
- 30Terms and conditions of contracts
- Part 9: Miscellaneous payments and residual assets
- 31Payments where amounts relating to money purchase benefits are transferred to the Secretary of State
- 32Payments to estates where a person in receipt of a payment from a scheme dies prior to entitlement and prior to transfer of assets
- 33Transfer of residual assets to the Secretary of State where Part 7 does not apply
- Signature
- Schedule 1: MODIFICATION OF CERTAIN PROVISIONS OF PARTS 1 AND 2 OF THE ACT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 3ZAParagraph 3ZA
- 3ZBParagraph 3ZB
- 3ZCParagraph 3ZC
- 3ZDParagraph 3ZD
- 3ZEParagraph 3ZE
- 3AParagraph 3A
- 3BParagraph 3B
- 3CParagraph 3C
- 3DParagraph 3D
- 3EParagraph 3E
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 14AParagraph 14A
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Schedule 2: DETERMINATION OF ANNUAL AND INITIAL PAYMENTS
- 1Introductory
- 2Actual pension
- 2AAnnual redetermination
- 3Qualifying members receiving pensions from the qualifying pension scheme
- 4Active and deferred members
- 4ABridging pensions
- 4BPension payable at an age other than normal retirement age
- 5Survivors of qualifying members
- 5APayment for an entitlement under regulation 17C
- 5BSurviving dependants of qualifying members
- 6Exclusion of certain benefits
- 7Cap on expected pension and actual pension
- 8De minimis rule Repealed
- 9Annual increase to an annual payment
- 10Initial payments
- 10AShared initial payments
- 11Rounding
- Schedule 2A: DETERMINATION OF ILL HEALTH AND INTERIM ILL HEALTH PAYMENTS
- 1Introductory
- 2Amount of an ill health payment
- 2AAmount of an ill health payment to a surviving dependant
- 3Amount of an interim ill health payment
- 3AAmount of an interim ill health payment for a surviving dependant
- 4Revaluation Repealed
- 5Actuarial reduction
- 6Modifications to Schedule 2
- 7Cap on expected pension and actual pension
- 8Rounding
- 9Annual increase to an ill health payment
- 10Annual redetermination
- 11Bridging pensions
- Schedule 3: Determination of certain annual payments
- 1Introductory
- 2Amount of an annual payment – qualifying members
- 3Amount of an annual payment - survivors
- 4Surviving Dependants
- 5Rounding
- 6Annual increases to an annual payment
- Schedule 4: Determination of annual payments where a present payment was being received on the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010
- 1Introductory
- 2Qualifying members
- 3Survivors
- 4Surviving Dependants
- 5Redetermination
- 6Rounding
- 7Annual increases to an annual payment
- Schedule 5: Determination of certain ill health payments
- 1Introductory
- 2Amount of an ill health payment – qualifying members
- 3Amount of an ill health payment - survivors
- 4Amount of an ill health payment - surviving dependants
- 5Rounding
- 6Annual increases to an ill health payment
- Schedule 6: Determination of ill health payments where a present payment was being received on the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010
- 1Introductory
- 2Qualifying members
- 3Survivors
- 4Surviving Dependants
- 5Redetermination
- 6Rounding
- 7Annual increases to an ill health payment
- Schedule 7: Determination of payments to early retirees and other beneficiaries
- 1Introductory
- 2Amount of the payment where regulation 17G applies
- 3Amount of the payment where regulation 17H applies
- 4Annual increases
- Explanatory note