# Welfare Reform and Pensions Act 1999, Section 40: Other pension schemes.

Extent: E+W+S

(1) The Secretary of State may by regulations make provision for a pension to which subsection (2) applies to be increased, as a minimum, by reference to relevant percentage increases, so far as not exceeding the maximum percentage per annum.
(2) Subject to subsection (2A), this subsection applies to—
(a) a pension provided to give effect to eligible pension credit rights of a member under a qualifying occupational pension scheme, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) Subsection (2) does not apply to pensions which—
(a) are money purchase benefits, and
(b) become pensions in payment on or after the commencement day.
(2AA) In subsection (1) “ relevant percentage increases ” means percentage increases estimated by the Secretary of State from time to time for the purposes of paragraph 2(3)(a) of Schedule 3 to the Pension Schemes Act 1993 for revaluation periods of 12 months.
(2B) For the purposes of subsection (1) the “ maximum percentage ” means—
(a) 5% in a case where—
(i) the pension is in payment before the commencement day, or
(ii) the pension is not in payment before the commencement day but the entitlement to the relevant pension credit arose before that day, and
(b) 2.5% in a case where the entitlement to the relevant pension credit arises on or after the commencement day.
(3) In this section—
“ commencement day ” means the day appointed for the coming into force of section 280 of the Pensions Act 2004 (amendments to section 40);
“eligible”, in relation to pension credit rights, means of a description prescribed by regulations made by the Secretary of State;
“ money purchase benefit ” has the meaning given by section 181(1) of the Pension Schemes Act 1993;
“pension credit rights”, in relation to an occupational pension scheme, means rights to future benefits under the scheme which are attributable (directly or indirectly) to a credit under section 29(1)(b) or under corresponding Northern Ireland legislation;
“qualifying occupational pension scheme” means an occupational pension scheme which is not a public service pension scheme;
“ relevant pension credit ” means the pension credit to which the eligible pension credit rights ... are (directly or indirectly) attributable;
“safeguarded rights” has the meaning given in section 68A of the Pension Schemes Act 1993.

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Source: https://www.legislation.gov.uk/ukpga/1999/30/section/40 (the official version)
Page: https://openlegislation.uk/welfare-reform-and-pensions-act-1999/section-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.