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Regulation 27 Application of Part 1 of the Pension Schemes Act 2017I1I2

England, Wales and Scotland

(1)

Part 1 of the Act does not apply to schemes to which one or more of the following paragraphs apply.

(2)

This paragraph applies where—

(a)

the scheme has only one member, and

(b)

the member is, or has been, employed by all the employers which use the scheme.

(3)

This paragraph applies where the scheme is a relevant small scheme as defined in regulation 1(2ZB) of the Administration Regulationsf1, and—

(a)

the scheme has only one member, or

(b)

50% or more of the trustees are members of the scheme.

(4)

This paragraph applies where the only money purchase benefits provided by the scheme are attributable to one or more of the following—

(a)

additional voluntary contributions made by or on behalf of non-money purchase members of the scheme, in respect of a period when—

(i)

they are active members of the scheme, or

(ii)

they have ceased to be active members of the scheme because they have reached a maximum service limit in relation to the scheme;

(b)

money purchase rights or benefits transferred from other pension schemes in respect of persons who, at the time of the transfer, were active non-money purchase members of the receiving scheme, where those rights or benefits are closed to future accrual;

(c)

pension credits created pursuant to section 29 of the Welfare Reform and Pensions Act 1999 (creation of pension debits and credits).

Annotations

Commencement

I1

Reg. 27 in force at 1.10.2018, see reg. 1(2)

I2

Reg. 26 in force at 1.10.2018, see reg. 1(2)

Footnotes

f1

Regulation 1(2ZB) was inserted by S.I. 2015/879.