Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987
| Year | 1987 |
1987 No. 1115
PENSIONS
The Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987
Made 25th June 1987
Laid before Parliament 6th July 1987
The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 3(2), 7(1), (2), (3), (6) and (7), 14 and 84(1) of the Social Security Act 19861and of all other powers enabling him in that behalf, by this instrument, which is made before the end of a period of 12 months from the commencement of the enactments under which it is made, makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987, and regulation 2 and this regulation shall come into force on 4th January 1988 and the remainder of these regulations on 6th April 1988.
(2) In these Regulations, unless the context otherwise requires—
“the Act” means the Social Security Act 1986;
“centralised scheme” means an occupational pension scheme for whose benefits earners in employments under different employers qualify by virtue of their respective service in those employments and which is either a money purchase contracted-out scheme or a scheme for which there is a common fund;
“employer” includes a person who, by virtue of regulations 1(4) and (5) and 14 to 16 of the Occupational Pension Schemes (Contracting-out) Regulations 19842, is treated as an employer for the purpose of those Regulations;
“scheme”, except in the expression “personal pension scheme”, means occupational pension scheme;
and other expressions have the same meaning as in the Social Security Pensions Act 19753.
(3) In these Regulations, unless the context otherwise requires, any reference—
(a)
(a) to a numbered regulation is to the regulation in these Regulations bearing that number;
(b)
(b) in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number;
(c)
(c) in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.
Employments in relation to which payments under section 3(1)(b) of the Act are not to be made
2.—(1) This regulation applies where—
(a)
(a) an earner is employed by a person (called in this regulation “the primary employer”) in employment (called in this regulation “the primary employment”) which is not contracted-out employment; and
(b)
(b) the primary employment would be contracted-out employment in relation to the earner by reference to a scheme (called in this regulation “the primary scheme”) but for the fact that the earner voluntarily left it.
(2) Where—
(a)
(a) the primary scheme is not a centralised scheme; and
(b)
(b) there has been a period of at least 2 years, ending after 3rd January 1988, throughout which the earner was employed, whether or not by the primary employer, in employment which was contracted-out by reference to a scheme by reference to which employment by the primary employer was contracted-out,
the primary employer shall notify the Secretary of State of the facts described in sub-paragraphs (a) and (b) of paragraph (1) and sub-paragraph (b) of this paragraph.
(3) Where—
(a)
(a) the primary scheme is a centralised scheme; and
(b)
(b) there has been a period ending after 3rd January 1988—
(i) of at least 2 years, throughout which the earner was employed in one employment, or
(ii) during which the earner was employed in a series of employments with intervals of not more than 6 months between consecutive employments in the series, the total duration of the employments, not including the intervals, being at least 2 years,
and
(c)
(c) the one employment referred to in sub-paragraph (b)(i) or each employment in the series referred to in sub-paragraph (b)(ii) is contracted-out by reference to the primary scheme,
the trustees, or, if there are no trustees, the managers of the primary scheme shall notify the Secretary of State of the facts described in sub-paragraphs (a) and (b) of paragraph (1) and sub-paragraphs (a) to (c) of this paragraph.
(4) A notification required to be given under paragraph (2) or (3) shall be given within 6 months after the date on which the employment mentioned in paragraph (1)(a) ceased to be contracted-out employment or, if the Secretary of State is satisfied that the notification could not reasonably have been given within that period, such longer period as he may approve in a particular case or class of case.
(5) A notification required to be given under paragraph (2) or (3) shall be given in writing in such form as the Secretary of State may direct and shall contain such information as the Secretary of State may reasonably require for the purposes of this regulation.
(6) For the purposes of section 3(2) of the Act (no payment under section 3(1)(b) in relation to earnings paid with respect to prescribed employment) the prescribed employment is any employment to which paragraph (7) or (8) applies.
(7) This paragraph applies to the primary employment, where a notification has been given in accordance with paragraph (2) or (3) and the Secretary of State knows of no reason to suppose that the information given to him in the notification is incorrect.
(8) This paragraph applies to any employment (called in this regulation “the secondary employment”) which—
(a)
(a) is employment of an earner about whom a notification has been given in accordance with paragraph (2) or (3), where the Secretary of State knows of no reason to suppose that the information given to him in the notification is incorrect;
(b)
(b) is not contracted-out employment in relation to him; and
(c)
(c) is not the primary employment,
except where the Secretary of State is satisfied that the circumstances specified in any one of sub-paragraphs (a), (b) and (c) of paragraph (9) obtain.
(9) The circumstances referred to in paragraph (8) are—
(a)
(a) that the earner is employed in the secondary employment by a person other than the primary employer;
(b)
(b) that there has been an interval of at least 7 days between the termination of the primary employment and the commencement of the secondary employment; and
(c)
(c) that the secondary employment—
(i) is not employment to which the primary scheme applies, and
(ii) commenced before, or while, the earner was employed in employment to which paragraph (10) applies.
(10) This paragraph applies to—
(a)
(a) the primary employment;
(b)
(b) any employment of the earner by the primary employer which commences immediately after the primary employment terminates; and
(c)
(c) any 2 or more employments of the earner by the primary employer of which the first commences immediately after the primary employment terminates and every...
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