2015 No. 498
The Occupational and Personal Pension Schemes (Transfer Values) (Amendment and Revocation) Regulations 2015
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 93(5) and (10)(a) and (b), 93A(5), 95(2)(b) and (6A), 97(1), (2)(a) and (b), (3B) and (4), 99(4A) and (4B), 101F(6A), 113(1) and (3), 181(1), 182(2) and (3) and 183(1) of the Pension Schemes Act 19931, section 10(2)(b) of the Pensions Act 19952 and sections 83(1) and 86 of the Pension Schemes Act 20153.
Except in relation to regulation 14, by virtue of section 185(2)(d) of the Pension Schemes Act 19934 these Regulations were not subject to consultation, because in this case it appeared to the Secretary of State that by reason of urgency consultation was considered inexpedient. In the case of regulation 14, in accordance with section 185(1) of the Pension Schemes Act 19935, the Secretary of State has consulted such persons as the Secretary of State considers appropriate.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Transfer Values) (Amendment and Revocation) Regulations 2015.
2
Subject to paragraph (3), these Regulations come into force on 6th April 2015.
3
Regulation 14 comes into force on 1st April 2017.
4
In these Regulations, “the 1996 Regulations” means the Occupational Pension Schemes (Transfer Values) Regulations 19966.
Amendment of Part 1 of the 1996 Regulations2
In regulation 1(2) (interpretation) of the 1996 Regulations—
1
In the appropriate alphabetical place, insert—
“categories of benefits” refers to the categories listed in paragraphs (a) to (c) of section 93(6) of the 1993 Act;
2
In the definition of “cash balance benefit”7, for “by regulation 2 of the Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014” substitute “to that expression in section 75 of the Pension Schemes Act 2015”.
3
In the definition of “cash equivalent”, for “or guaranteed cash equivalent mentioned in section 93A(1) or 94(1)” substitute “mentioned in section 94(1) or (2)”.
4
In the definition of “guarantee date”, for “section 93A(2)” substitute “section 93A(4)”.
5
Omit the definition of “relevant date”.
6
In the definition of “statement of entitlement”8, for “section 93A(1) of the 1993 Act (salary related schemes: right to statement of entitlement)” substitute “section 93A(3) of the 1993 Act (right to statement of entitlement: benefits other than money purchase)”.
Amendment of Part 2 of the 1996 Regulations3
1
Part 2 (restrictions on right to cash equivalent) of the 1996 Regulations is amended as follows.
2
In regulation 2 (pre-1986 leavers)9, for “Chapter IV of Part IV” substitute “Chapter 1 of Part 4ZA”.
3
Omit regulations 3 (rules on continuation in employment after termination of pensionable service), 4 (right to further cash equivalent on termination of employment to which the scheme applies) and 5 (treatment of a number of employments as a single employment).
Amendment of Part 3 of the 1996 Regulations4
1
Part 3 (guaranteed statements of entitlement and calculation of transfer values) of the 1996 Regulations is amended as follows.
2
In the heading to Part 3, omit the word “guaranteed”.
3
In the heading to regulation 6, omit the word “Guaranteed”.
4
In regulation 6 (guaranteed statements of entitlement)—
a
in paragraph (1)(a)10, omit the words “under section 93A of the 1993 Act (salary related schemes: right to statement of entitlement)”;
b
in paragraph (1B)11, omit the definition of “application”;
c
after paragraph (1B) insert—
1C
Where a member has transferrable rights in relation to two categories of benefits other than money purchase benefits, the trustees or managers must provide the member with a statement of entitlement setting out a separate cash equivalent in relation to each of the categories of benefits, unless the member’s application relates to one of the categories of benefits only.
d
in paragraph (3), omit the words “under section 93A(1) of the 1993 Act”;
e
omit paragraph (4);
f
insert at the end—
5
In this regulation, “application” means an application for a statement of entitlement made under section 93A(1) of the 1993 Act (right to statement of entitlement: benefits other than money purchase).
5
In regulation 7C(3)(b)(ii) (manner of calculation of initial cash equivalents for money purchase benefits)12, for “Chapter IV of Part IV” substitute “Chapter 1 of Part 4ZA”.
6
In regulation 7D(3) (reductions to initial cash equivalents)13, for “paragraphs 7 to 11” substitute “paragraphs 7, 10, 11”.
7
In the heading to regulation 9, for “guaranteed cash equivalents” substitute “cash equivalents shown in the statement of entitlement”.
8
In regulation 9 (increases and reductions of guaranteed cash equivalents)—
a
for paragraph (1), substitute—
1
This regulation applies to a cash equivalent in respect of transferrable rights in relation to categories of benefits other than money purchase benefits where a statement of entitlement has been sent to a member of a salary related scheme by the trustees of the scheme.
b
in paragraphs (2), (3)14, (5) and (6), in each place where it appears, for “guaranteed cash equivalent” substitute “cash equivalent shown in the statement of entitlement”;
c
in paragraph (5), for “Chapter IV of Part IV” substitute “Chapter 1 of Part 4ZA”.
9
In regulation 11 (disclosure)—
a
for paragraph (1)15 substitute—
1
Subject to paragraphs (1A) and (1B), a member to whom paragraph (1C) applies is entitled to receive from the trustees, on request, the information mentioned in Schedule 1 in writing.
b
after paragraph (1B)16 insert—
1C
This paragraph applies—
a
to a member who is currently accruing rights to one of the categories of benefits; and
b
to a member who is no longer accruing rights to money purchase benefits unless, in respect of those benefits, a crystallisation event under section 93(7) has occurred.
c
omit paragraph (3)17;
d
in paragraph (4)18—
i
for “to a guaranteed cash equivalent” substitute “provided under section 93A of the 1993 Act”;
ii
in sub-paragraph (b)(ii) after the first appearance of the words “cash equivalent” insert “in relation to each of the categories of benefits”;
iii
after sub-paragraph (b)(ii), insert—
iia
indicating the amount of the cash equivalent which is attributable to each of the categories of benefits included in the statement of entitlement;
e
in paragraphs (4)(b)(ii), (iv), (v) and (vi) and (5), in each place where it appears, for “guaranteed cash equivalent” substitute “cash equivalent shown in the statement of entitlement”.
Amendment of Part 5 of the 1996 Regulations5
In regulation 13(a)(vi) (extension of time for payment of cash equivalents) of the 1996 Regulations, for “guaranteed cash equivalent” substitute “cash equivalent shown in the statement of entitlement”.
Amendment of Part 6 of the 1996 Regulations6
1
Part 6 (modification of the 1993 Act) of the 1996 Regulations is amended as follows.
2
For regulation 14 (extension of time within which member may exercise option to take a guaranteed cash equivalent), and the heading to that regulation, substitute—
Extension of time within which member may exercise option to take a cash equivalent shown in the statement of entitlement14
1
This regulation applies where—
a
the member disputes the amount of the cash equivalent shown in the statement of entitlement within three months beginning with the guarantee date; or
b
the member’s cash equivalent shown in the statement of entitlement has been reduced or increased under regulation 9, including where the member disputes the basis or amount of the increase or reduction within three months beginning with the date that the member is informed in writing that the cash equivalent has been reduced or increased.
2
Where this regulation applies—
a
if the member has made an application to take the cash equivalent under section 95(1) of the 1993 Act, that application lapses;
b
the time for making a fresh application to take the cash equivalent under section 95(1) is extended so that the time is three months beginning with the date on which the member is informed in writing of—
i
the reduced or increased cash equivalent; or, if later,
ii
where the cash equivalent shown in the statement of entitlement has been disputed, the finally determined cash equivalent following the dispute, even where the cash equivalent has not changed; and
c
the time specified in section 99(2)(a) (trustees’ duties after exercise of option)19 is extended so that the time is six months beginning with the date on which the member is informed in writing of—
i
the reduced or increased cash equivalent; or, if later,
ii
where the cash equivalent shown in the statement of entitlement has been disputed, the finally determined cash equivalent following the dispute, even where the cash equivalent has not changed.
3
In regulation 15 (cases where normal pension age is earlier than 60)—
a
for “93(1)(a)(i)” substitute “93(4)(b)”;
b
for “Chapter IV” substitute “Chapter 1 of Part 4ZA”;
c
for “sections 95(8)(a), 98(7)(a) (variation and loss of rights under section 94) and 99(2)(a) and (b)” substitute “section 95(1A)(b)”.
4
In regulation 16(2) (accrued rights, or liabilities in respect of accrued rights, transferred without consent), for “Chapter IV of Part IV” substitute “Chapter 1 of Part 4ZA”.
5
In regulation 17(2) (schemes with an overseas element), for “Chapter IV of Part IV” substitute “Chapter 1 of Part 4ZA”.
6
Omit regulations 18 (termination of pensionable service in certain circumstances to be disregarded) and 19 (hybrid schemes).
Amendment of Part 7 of the 1996 Regulations7
In regulation 20 (maximum penalty under section 10 of the 1995 Act) of the 1996 Regulations, for “section 93A(4)” substitute “section 93A(6)”.
Revocation of Part 8 of the 1996 Regulations8
Omit Part 8 (revocations and transitional provisions) of the 1996 Regulations.
Amendment of Schedule 1 to the 1996 Regulations9
1
Schedule 1 (information to be made available to members) to the 1996 Regulations is amended as follows.
2
In paragraph 120—
a
for “Chapter IV of Part IV” substitute “Chapter 1 of Part 4ZA”;
b
for “the member’s pensionable service were to terminate” substitute “the conditions specified in section 93(2) to (4) of the 1993 Act were met”;
c
in sub-paragraph (a), for “the member’s pensionable service terminated or will terminate on a particular date” substitute “the conditions specified in section 93(2) to (4) of the 1993 Act are met or were to be met on a particular date”.
3
In paragraph 2—
a
for “Chapter IV of Part IV” substitute “Chapter 1 of Part 4ZA”;
b
in sub-paragraph (d), after “estimated amount of the transfer value” insert “in relation to the member’s rights to benefits other than money purchase benefits”.
4
In paragraph 321, at the beginning of sub-paragraph (c) insert “except where section 48 of the Pension Schemes Act 2015 applies,”.
Amendment of Schedule 1A to the 1996 Regulations10
1
Schedule 1A (reductions in initial cash equivalents) to the 1996 Regulations22 is amended as follows.
2
In paragraph 2 of Schedule 1A—
a
at the end of sub-paragraph (a) omit the word “and”;
b
after sub-paragraph (b) insert—
and
c
the guarantee date shown in the statement of entitlement is at least one year before the member attains normal pension age in relation to the rights to benefits covered by the statement of entitlement.
3
For paragraph 8 of Schedule 1A substitute—
8
Where—
1
The cash equivalent shown in a member’s statement of entitlement—
i
relates to safeguarded benefits, as defined in [clause 48(8)] of the Pension Schemes Act 2015; and
ii
is to be used for acquiring transfer credits in relation to safeguarded benefits under the rules of another scheme; and
2
The receiving scheme has undertaken to provide benefits at least equal in value to the benefits represented by that cash equivalent on payment of a lesser sum (including nil),
the initial cash equivalent may be reduced so that the cash equivalent is that lesser sum.
Transitional Provision11
The effect of paragraph 3 of Schedule 1 to the 1996 Regulations as it was in force immediately before 6th April 2015 is preserved in respect of a member who has made an application under section 93A(1) (salary related schemes: right to a statement of entitlement)23 of the Pension Schemes Act 1993 before 6th April 2015.
Amendment of the Personal Pension Schemes (Transfer Values) Regulations 198712
1
The Personal Pension Schemes (Transfer Values) Regulations 198724 are amended as follows.
2
3
In regulation 4(2) (increases and reductions of cash equivalents)27, for “section 94(1)(b)” substitute “section 94”.
Amendment of the Transfer Values (Disapplication) Regulations 201013
1
The Transfer Values (Disapplication) Regulations 201028 are amended as follows.
2
In regulation 1(2) (interpretation), for “Chapter IV of Part IV” substitute “Chapter 1 of Part 4ZA”.
3
In regulation 2(2) (disapplication of the transfer value provisions)—
a
in sub-paragraph (a), for “section 94(1)” substitute “section 94(2)”; and
b
in sub-paragraph (b), for “pension credit benefit” substitute “pension credit rights”.
Revocation of the Transfer Values (Disapplication) Regulations 201014
The Transfer Values (Disapplication) Regulations 2010 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
(This note is not part of the Regulations)