The Occupational Pension Schemes (Scottish Parliamentary Pensions Act 2009) Regulations 2009

• Citation: S.I. 2009/1906
• Sections: 12

Section 1 Citation and commencement

These Regulations may be cited as the Occupational Pension Schemes (Scottish Parliamentary Pensions Act 2009) Regulations 2009 and shall come into force on 1st September 2009.

Section 2 Amendments to secondary legislation

The Schedule to these Regulations has effect.

Section 1

In paragraph 18 of Schedule 1 (basic information about the scheme) to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 , after “enactment” insert “(or any Act of the Scottish Parliament containing provision made by virtue of section 81(3) of the Scotland Act 1998)”.

Section 2

In regulation 2(1) (schemes which are not eligible schemes) of the Pension Protection Fund (Entry Rules) Regulations 2005 , after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

Section 3

In regulation 4(1) (schemes to which section 75 of the 1995 Act does not apply) of the Occupational Pension Schemes (Employer Debt) Regulations 2005 , after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

Section 4

In regulation 3(1) (schemes to which section 73 of the 1995 Act does not apply) of the Occupational Pension Schemes (Winding up etc.) Regulations 2005 , after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

Section 5

In regulation 3 (prescribed schemes) of the Pensions Regulator (Contribution Notices and Restoration Orders) Regulations 2005 , after paragraph (d) insert “(da) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

Section 6

In regulation 2(1) (prescribed schemes) of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005 , after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

Section 7

In regulation 17(1) (exemptions - general) of the Occupational Pension Schemes (Scheme Funding) Regulations 2005 , after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

Section 8

In regulation 15(1) (exemptions) of the Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005 , after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

Section 9

In regulation 2 (exemptions from requirement to have member-nominated trustees) of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006 , after paragraph (i) insert “(ia) is a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

Section 10

For regulation 8 (modification of schemes: prescribed schemes) of the Occupational Pension Schemes (Modification of Schemes) Regulations 2006 , substitute—

Modification of schemes: prescribed schemes

(8) For the purposes of section 68(6) of the 1995 Act (the power to modify schemes by resolution does not apply to trust schemes within a prescribed class or description), the prescribed class or description of trust schemes is—

(a) any scheme—

(i) in respect of which any Minister of the Crown has given a guarantee or made arrangements for the purposes of securing that the assets of the scheme are sufficient to meet its liabilities; and

(ii) which is a public service scheme; or

(b) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive).