The Railways Pension Scheme Order 1994

Appendix 5 MODEL SCHEME OF DELEGATION

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).

PENSION TRUST	DELEGATION TO PC
Contributions (Clauses 5B, 5C and 5D)	collecting of Participating Employer and Member contributions deciding method of payment of Members' contributions if not by payroll deduction
Payment of Benefits (Clause 7A)	deciding whether to waive interest if trivial deciding whether or not interest should be payable and if so, amount of interest
Deduction of Tax (Clause 7B)	right to deduct from any payment
Beneficiary who is incapable (Clause 7C)	making of decisions for beneficiary who is incapable
Benefits not assignable (Clause 7D)	paying out of equivalent benefit
Forfeiture of benefits (Clause 7E)	exercise of forfeiture provisions
Notices (Clause 7F)	form and time limit for Member notices
Commutation: Triviality (Clause 8A)	commutation of pension for triviality
Transfers–in (Clause 8B)	accepting transfers and agreeing benefits to be provided collection of transfer payments
Transfers–out (Clause 8C)	deciding increased transfer payments
Buy–outs (Clause 8D)	deciding whether to “buy–out” benefits and obtaining any necessary consents determining that amount of payment is equal in value
Transferred GMPs (Clause 9F)	deciding on revaluation rate

The following apply only in respect of the rules of the Defined Benefit Arrangement

Part 2 — Appendix 2

RULES	DELEGATION TO PC
Definitions (Rule 1)	determining “Dependant” determining “Incapacity” determining “Pensionable Pay”
Joining the Section (Rule 2)	determining form of application to join Section
Additional Voluntary Contributions by Members (Rule 4)	administering elections to pay (including election to vary or stop paying) Additional Voluntary Contributions and repaying any surplus contributions
Early Retirement through Incapacity (Rule 5D)	monitoring recovery and deciding any reductions or suspension
Lump Sums, Dependants' Pension, Early Retirement Level Pension Option (Rules 6A, 6B and 6C)	deciding adjustments to benefit
Discretionary Trusts (Rule 7D)	payment of lump sum
Member with Preserved Pension (Rule 7C)	agreeing rate of interest on refund of contributions
Children/Spouse/Dependants Rule 8)	determining proportionate split of children’s pension between dependants (where not fixed) determining qualification deciding to pay a smaller pension where there is no surviving spouse
Rights to transfer and “buy–out” (Rule 10)	receiving application complying with all aspects of a Member’s request for a transfer or “buy–out” extension of right to Members without statutory right
Other Choices for Early Leavers (Rule 11)	agreeing early benefit options
Early Leavers Rejoining (Rule 12)	agreeing to continuity of service
Benefits for Members away from Work (Rule 13D)	agreeing benefits
Maternity (Rule 14)	agreeing provisions
Part–time Employment (Rule 15)calculating benefits on equitable basis
Opting–out (Rule 17)	opting–out procedures
Discretionary Benefits (Rule 18C)	providing increased or additional benefits, deciding whether additional contributions are appropriate
Off–set (Rule 18B)	reducing benefits for crime, fraud or negligence
Serious Ill–health (Rule 18D)	allowing commutation

The following apply only in respect of the rules of the Shared Cost Arrangement

Part 1 — Appendix 2

RULES	DELEGATION TO PC
Definitions (Rules)
“Eligible Child”	determination
“Eligible Dependant”	determination
“Eligible Spouse”	determination
“Forecast GMP”	determination
“Incapacity”	determination
“Legal Spouse”	determination
“Pay”	determination
“Pensionable Service”	determination
Joining the Section (Rule 2)	deciding whether to backdate membership agreeing to vary eligibility requirements deciding to require medical evidence
Normal Contributions by Members (Rule 3B)	deciding that a Member should cease to be in Pensionable Service where contributions are outstanding agreeing variation of Members' contribution rate
Additional Voluntary Contributions (Rule 4A)	receiving election to pay, vary, or stop payment of Additional Voluntary Contributions repaying surplus Additional Voluntary Contributions
Additional Contributions by Participating Employers (Rule 4B)	notifying Members of Participating Employer’s decision to stop “matching” and receiving notices of Participating Employers
Additional Contributions from Professionals (Rule 4E)	deciding special terms; reducing added years for early leavers; determining lump sum payment. approving Added Years
Early Retirement through Incapacity (Rule 5D)	recovery of incapacity pensioner deciding admissibility of incapacity application made out– side 12 months
Elections at Retirement (Rule 6)	receiving notices
Pensions for Eligible Spouse and Eligible Dependants (Rules 7C, 7D, 8C and 8D)	amount of reduction for young spouse or dependants apportioning Eligible Dependant’s pension deciding to extend Dependant’s pension beyond 12 years
Member’s right to transfer or “buy– out” (Rule 10A)	complying with Member’s request extending statutory right
Early Benefits (Rule 11A)	agreeing to early benefits; satisfying value for money test
Early Leavers Rejoining (Rule 12)	agreeing to treat service as continuous
Benefits for Members away from Work (Rule 13D)	deciding provisions to apply where contributions are not fully paid
Maternity (Rule 14)	agreeing provisions
Opting out (Rule 16)	procedure
Members who were members of the BR Pension Scheme on 16th September 1991 (Rule 17B)	deciding to grant additional Pensionable Service
Off–set for Crime or Fraud (Rule 18B)	deciding amount of reduction
Discretionary Death Benefit Trust (Rule 18C)	paying lump sum; receiving notices
Members with no Personal Representatives (Rule 18D)	paying lump sum
Discretionary Benefits (Rule 18E)	agreeing benefit if full cost not met; providing benefits
Surplus Assets (Rule 20)	agreeing application
Shortfall (Rule 21)	agreeing provisions
Surplus Assets (Rule 22C)	augmenting benefits
Schedule 1	determining 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)
Schedule 3	application of policy proceeds on death
Schedule 4	agreeing contributions
Schedule 6	joint annuity option — notification of revocation (para 4(i))
Schedule 9	approving and deciding the procedure for antedating membership waiver of reduction revision of contributions

The following apply only in respect of the rules of the 1994 Pensioners “A” and “B” Sections

Appendix I

RULES	DELEGATION TO PC
“Eligible Child”	determination
“Eligible Dependant”	determination
“Eligible Spouse”	determination
“Forecast GMP”	determination
“Legal Spouse”	determination
Membership of the Section (Rule 2)	agreeing admission
Benefits (Rule 4)	notification of basis
Pensions for Eligible Spouse and Eligible Dependants (Rule 5C and 5D)	amount of reduction for young spouse; apportioning Eligible Dependant’s pension; deciding to extend Eligible Dependant’s pension beyond 10 years
Member’s right to transfer or “Buy–out” (Rule 7A)	complying with Member’s transfer out or “buy–out” request extending statutory right
Other Choices for Early Leavers (Rule 8)	receiving notices
Early Benefits (Rule 8A)	agreeing to early benefits; satisfying value for money test
Early Retirement Level Pension Option (Rule 8E)	receiving notices
Additional Pension (Rule 8B)	receiving notices
Additional Lump Sum (Rule 8C)	receiving notices
Joint Annuitants (Rule 8D)	receiving notices
Pension for Spouse of Member who ceased contributing before 1st July 1988 and died on or after 1st July 1988 (Rule 9B)	deciding young spouse reduction
Member ceased contributing bet– ween 1st July 1986 and 30th June 1988 and dies after 16th September 1991 (Rule 9D)	deciding young spouse reduction
Off–set for Crime or Fraud (Rule 11A)	deciding amount of reduction
Discretionary Death Benefit Trust (Rule 11B)	paying lump sum; receiving notices
Members with no Personal Representatives (Rule 11C)	paying lump sum
Surplus Assets (Rule 13)	use of surplus assets
Shortfall (Rule 14)	use of assets to meet shortfall; applying the Special Reserve Fund and reducing Members' benefits
Use of assets (Rule 15)	agreeing the strategic investment policy; agreeing the continuance or variation of the investment policy.

The following apply only in respect of the rules of the Defined Contribution Arrangement

Part 3 — Appendix 2

RULES	DELEGATION TO PC
Definitions (Rule 1)	determining “Dependant” determining “Incapacity” determining “Pensionable Pay”
Joining the Section (Rule 2)	deciding form of application to join Section
Evidence of Health (Rule 2B)	requiring evidence
Additional Voluntary Contributions by Members (Rule 4)	administering elections to pay Additional Voluntary Contributions and repaying any surplus contributions
Using the Member’s Accumulated Fund (Rule 6B)	agreeing to a lump sum payment calculating benefits
Maximum Lump Sum (Rule 6C)	permitting larger payment
Death Benefits (Rule 7)	deciding benefits to be provided payment of lump sum
Preserved Benefits (Rule 9A)	consenting to a later payment
Member’s right to transfer or “Buy–out” (Rule 10A)	complying with Member’s request extending statutory right
Maternity (Rule 12)	agreeing provisions
Opting Out (Rule 14)	opting out procedures
General Rules about Benefits (Rule 15)	deciding to guarantee pension deciding to continue payment to child
Off–set (Rule 15E)	reducing benefits for crime, fraud or negligence
Discretionary Benefits (Rule 15F)	providing benefits deciding need for additional contributions
Serious Ill–health (Rule 15G)	deciding commutation
Transfers–in/Transfers–out “buy–out” (Rule 15H, I and J)	decision