The Occupational Pension Schemes (Transitional Provisions and Savings) Regulations 1989

• Citation: S.I. 1989/1239
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Occupational Pension Schemes (Transitional Provisions and Savings) Regulations 1989.

(2) These Regulations come into force on 11th August 1989.

(3) In these Regulations terms defined in the Pensions Act have the same meaning.

Section 2 Savings in respect of amendments to the Social Security Pensions Act 1975

(1) If an earner ceased to be in contracted-out employment by reference to an occupational pension scheme other than a money purchase contracted-out scheme before paragraphs 6 and 7 of Schedule 6 to the Social Security Act 1989 came into force, sections 41A and 41B of the Pensions Act (which deal with the protection of pensions) apply in relation to the earner and the earner’s widow or widower as if those paragraphs had not been enacted.

(2) If an earner was in contracted-out employment by reference to an occupational pension scheme other than a money purchase contracted-out scheme immediately before paragraphs 6 and 7 of Schedule 6 to the Social Security Act 1989 came into force and:–

(a) the earner ceases to be in contracted-out employment by reference to that scheme after these Regulations come into force but before 1st December 1990, and

(b) the earner ceases to be in that contracted-out employment otherwise than by virtue of his attaining pensionable age,

sections 41A and 41B of the Pensions Act apply in relation to the earner and the earner’s widow or widower as if those paragraphs had not been enacted.

Section 3 Saving in respect of amendments to the Social Security Act 1986

Until 1st December 1990, Schedule 1 to the Social Security Act 1986 (which sets out the requirements to be satisfied by appropriate personal pension schemes and money purchase contracted-out schemes) shall have effect in relation to a scheme in respect of which there is in force, immediately before these Regulations come into force, an appropriate scheme certificate under section 2 of that Act or a contracting-out certificate under section 32(2A) of the Pensions Act , as if the amendments made to that Schedule by paragraphs 19 and 20 of Schedule 6 to the Social Security Act 1989 had not been enacted.