The Registered Pension Schemes (Bridging Pensions) and Appointed Day Regulations 2016

• Citation: S.I. 2016/1005
• Sections: 4

Section 1 Citation, commencement and effect

(1) These Regulations may be cited as the Registered Pension Schemes (Bridging Pensions) and Appointed Day Regulations 2016 and come into force on 8th November 2016

(2) These Regulations have effect in relation to reductions in payments of scheme pensions made on or after 6th April 2016.

Section 2 Appointed day in respect of amendments made to Part 1 of Schedule 28 to the Finance Act 2004

The appointed day for the coming into force of section 20(2) to (5) of the Finance Act 2016 is 6th April 2016.

Section 3 Pensions bridging: Pensionable age on or before 5th April 2016

(1) This regulation applies to a member who reached pensionable age on or before 5th April 2016.

(2) The following are prescribed circumstances for the purposes of paragraph 2(4) of Schedule 28 to the Finance Act 2004 —

(a) a reduction in the rate of the scheme pension, taking effect at a time during the permitted period, which together with any previous reductions of the kind referred to in this paragraph does not exceed the relevant state retirement pension rate at that time, or

(b) the pension ceasing to be payable at a time during the permitted period if at that time that rate is greater than the rate of the pension.

(3) In paragraph (2)

(a) “the permitted period” means the period beginning with the day on which the member reaches the age of 60 and ending with the day on which the member reaches the age of 65,

(b) “relevant state retirement pension rate” at any time means—

(i) where no employment of the member to which the pension scheme relates is or has been other than contracted-out employment by reference to the pension scheme, 125% of the rate of the basic pension at that time,

(ii) where no such employment of the member is or has been contracted-out employment by reference to the pension scheme, 250% of the rate of the basic pension at that time, and

(iii) otherwise, the percentage of the rate of the basic pension is that found by the formula set out below —

Where—

A is the total number of years of a member’s employment to which the pension scheme relates which is not or has not been contracted-out, and

B is the total number of years of a member’s employment to which the pension scheme relates.

(4) For the purposes of paragraph (3)(b)—

(a) “contracted-out employment” has the meaning given in section 8(1) and (1A) of the Pension Schemes Act 1993 or section 4(1) of the Pension Schemes (Northern Ireland) Act 1993 , and

(b) “the basic pension” means the basic pension specified in section 44(4) of the Social Security Contributions and Benefits Act 1992 or section 44(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .

Section 4 Pensions bridging: Pensionable age on or after 6th April 2016

(1) This regulation applies to a member who reached pensionable age on or after 6th April 2016.

(2) The following are prescribed circumstances for the purposes of paragraph 2(4) of Schedule 28 to the Finance Act 2004—

(a) a reduction in the rate of the scheme pension, taking effect at a time during the permitted period, which together with any previous reductions of the kind referred to in this paragraph does not exceed the relevant state retirement pension rate at that time, or

(b) the pension ceasing to be payable at a time during the permitted period if at that time that rate is greater than the rate of the pension.

(3) In paragraph (2)—

(a) “the permitted period” means the period beginning with the day on which the member reaches the age of 60 and ending with the day on which the member reaches the age of 65 or, if later, reaches pensionable age,

(b) “the relevant state retirement pension rate” at any time is 200% of the full rate of the state pension at that time.

(4) In paragraph (3) “the full rate of the state pension” has the meaning given in section 3(1) of the Pensions Act 2014 .