COMMENTED by
The Industry-Wide Mineworkers' Pension Scheme Regulations 1994 (Note)

The Industry-Wide Mineworkers' Pension Scheme Regulations 1994

STATUTORY INSTRUMENTS

1994 No. 2974

COAL INDUSTRY

The Industry-Wide Mineworkers' Pension Scheme Regulations 1994

Made 22nd November 1994

Laid before Parliament 24th November 1994

Coming into force 15th December 1994

The Secretary of State, in exercise of the powers conferred on him by section 22 of, and paragraph 3(1) and (6) and paragraph 5(1) and (2) of Schedule 5 to, the Coal Industry Act 1994[1] and of all other enabling powers, hereby makes the following Regulations--

Citation and Commencement

1. These Regulations may be cited as the Industry-Wide Mineworkers' Pension Scheme Regulations 1994 and shall come into force on 15th December 1994.

Interpretation

2. In these Regulations

"the 1994 Act" means the Coal Industry Act 1994;

"the Scheme" means the Mineworkers' Pension Scheme which was established under the Coal Industry Nationalisation (Superannuation) Regulations 1950[2] made under section 37 of the Coal Industry Nationalisation Act 1946[3] on 1st January 1952 by a resolution of 25th October 1951 of the National Coal Board and which was amended by subsequent resolutions of that Board the name of which was changed to the British Coal Corporation by section 1(1) of the Coal Industry Act 1987[4];

"the Co-ordinator" means Industry-Wide Mineworkers' Pension Scheme Co-ordinator Limited.

Establishment of new pension scheme

3. The Co-ordinator shall establish by means of a trust deed entered into between the Co-ordinator and Industry-Wide Mineworkers' Pension Scheme Trustees Limited a pension scheme in which participants in the Scheme, being an existing scheme within the meaning of Schedule 5 to the 1994 Act, are able to participate in accordance with the provisions of paragraph 3 of Schedule 5 to the 1994 Act.

Provisions of new pension scheme

4. The pension scheme required by regulation 3 above to be established shall be in the terms of a trust deed as set out in the Schedule to these Regulations which contains provision as specified in paragraph 3(6) of Schedule 5 to the 1994 Act satisfying the statutory requirements by reference to the Scheme as an existing scheme within the meaning of Schedule 5 to the 1994 Act.

Tim Eggar

Minister for Industry and Energy,

Department of Trade and Industry

22nd November 1994

THE SCHEDULE

Regulation 4

Terms of trust deed

THE INDUSTRY-WIDE MINEWORKERS' PENSION SCHEME

CONTENTS

THE TRUST DEED

Establishment of Scheme and Declaration of Trust

Contributions

Admission of Other Employers and New Members

Constitution of the Scheme

Employers' Funds

Transfers Between Employers' Funds

Substitution and Amalgamation of Employers' Funds

Management of Pension Fund

Costs of Administration

Accounts and Audit

Employer's Initial Rate of Standard Contributions

Periodic Valuations

Administration

Committee of Management

Amendment of Trust Deed and Rules

Miscellaneous

Termination of the Scheme

Partial Termination of the Scheme

Perpetuity

Interpretation

THE RULES

I

--MEMBERSHIP AND TERMINATION OF EMPLOYMENT AND SERVICE

Eligibility and Admission to Membership

Ceasing Normal Contributions

Retirement and Termination of Employment and Service

II

--CONTRIBUTIONS

Special Contributions

Normal Contributions

Additional Voluntary Contributions

Maximum Contributions

Payment of Contributions

III

--BENEFITS

Qualifying Service

Pensionable Earnings

Inland Revenue Limits

Contracting-out

Cessation of Membership

Normal Retirement

Deferred Retirement

Incapacity Retirement

Incapacity Retirement--Special Cases

Incapacity Retirement--Industrial Disablement

Disablement--Colliery Accidents and Diseases

Optional Early Retirement

Levelling Option

Termination of Service

Surviving Spouse's Benefit

Surviving Spouse's Benefit--Supplementary Provisions

Children's Benefit

Other Death Benefits

Re-employed Pensioners

Adjustments for Changes in Index of Retail Prices

Revaluation of Deferred Pensions

Increases to Fourth Schedule

Increases to Sixth Schedule

Preservation of Benefit

IV

--TRANSFERS

Transfers and Buy-Outs

Acceptance of Transfer Payments

Entrants from MPS and the Staff Scheme

V

--MISCELLANEOUS: ADMINISTRATION

General Discretion

Extension of Time Limits

Payment of Benefits

Unclaimed Benefits

Persons not Resident in the United Kingdom

Medical Examinations

Evidence by Members, Claimants and Beneficiaries

Benefits Not Assignable

Incapacity of Beneficiary

Payment of Benefits on Death

Payment of Children's Benefits

Income Tax

Calculation of Compound Interest

Trust Deed and Rules to be Supplied to Members

VI

--DETERMINATION OF CLAIMS AND DISPUTES

Determinations by Committee of Management

Appeals

Determination of Medical Questions

Industrial Injuries Questions

Supply of Information to MPS

APPENDIX I - Contracting-out

APPENDIX II...

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