Railway Pensions (Substitution) Order 1994

JurisdictionUK Non-devolved
CitationSI 1994/2388
Year1994

1994 No. 2388

TRANSPORT

The Railway Pensions (Substitution) Order 1994

Made 12th September 1994

Laid before Parliament 12th September 1994

Coming into force 13th September 1994

Whereas the Secretary of State on 8th September 1994 gave a guarantee under paragraph 11 of Schedule 11 to the Railways Act 19931in relation to the 1994 Pensioners “A” Section of the Railways Pension Scheme (defined in the following Order2), being a new scheme within the meaning of the said Schedule 11, which section includes the Paragraph 1 Section and the Paragraph 4 Section (defined in the following Order2), which sections are designated under paragraph 10(1) of that Schedule2;

And whereas the Secretary of State has laid before each House of Parliament a copy of such guarantee, in accordance with section 52D(3) of the Transport Act 19803;

And whereas the Secretary of State4has consulted with the trustees of the Paragraph 1 Section and the Paragraph 4 Section in accordance with section 52D(1) of the Transport Act 1980;

Now therefore, the Secretary of State, in exercise of the powers conferred on him by sections 52B and 52D(4) and (5) of the Transport Act 19805and all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 This Order may be cited as the Railway Pensions (Substitution)...

1.—(1) This Order may be cited as the Railway Pensions (Substitution) Order 1994 and shall come into force on 13th September 1994.

(2) In this Order—

“actuarial valuation” means an actuarial valuation of the Railways Pension Scheme made by the actuaries under the second paragraph of Clause 6B (Actuarial Valuations) of the Railways Pension Scheme or such other actuarial valuation made by the actuaries as the Secretary of State and the trustee of the Railways Pension Scheme may agree shall constitute an actuarial valuation for the purposes of this Order;

“actuaries” means the actuary appointed by the trustee of the Railways Pension Scheme under Clause 6B of that Scheme and the Government Actuary;

“business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales;

“the Paragraph 1 Section” means the section of the Railways Pension Scheme designated in paragraph 1 of Schedule 5 to the Railway Pensions (Transfer and Miscellaneous Provisions) Order 19946as a pension scheme which is to be treated as included among those schemes which are B.R. pension schemes for the purpose of Part III of the Transport Act 1980;

“the Paragraph 4 Section” means the section of the Railways Pension Scheme designated in paragraph 4 of Schedule 5 to the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994 as a pension scheme which is to be treated as included among those schemes which are B.R. pension schemes for the purpose of Part III of the Transport Act 1980;

“the Railways Pension Scheme” means the occupational pension scheme established by the Railways Pension Scheme Order 19947, as amended by the Railway Pensions (Transfer and Miscellaneous Provisions) Order 19948and by two deeds dated 8th September 1994 made by the trustee of the scheme;

“retail prices index” means the general index of retail prices (for all items) published by the Central Statistical Office;

“valuation date” means, in relation to any actuarial valuation, the date at which that valuation is made; and

a reference to an actuarial valuation which has been signed shall be taken to be a reference to an actuarial valuation which has been signed by or on behalf of the actuaries, and cognate expressions shall be construed accordingly.

(3) Where this Order requires any payment to be made on any particular day that payment shall be made on that day, or if that day is not a business day on the next following business day.

(4) Except so far as the context otherwise requires, any reference in this Order to a numbered article is to the article in this Order which bears that number.

S-2 The date which, for the purposes of section 52B of the...

2. The date which, for the purposes of section 52B of the Transport Act 1980, is to be the termination date in relation to the Paragraph 1 Section is 13 October 1994, and the liability of the Secretary of State to make to the persons administering the Paragraph 1 Section payments under section 52(1) of the Transport Act 1980 in relation to that section shall not continue after that date.

S-3 As at the termination date in relation to the Paragraph 1...

3. As at the termination date in relation to the Paragraph 1 Section the capital value of the unfunded obligations in the case of that section is £385,981,000, such amount having been determined by the Secretary of State.

S-4 The date which, for the purposes of section 52B of the...

4. The date which, for the purposes of section 52B of the Transport Act 1980, is to be the termination date in relation to the Paragraph 4 Section is 13 October 1994, and the liability of the Secretary of State to make to the persons administering the Paragraph 4 Section payments under section 52(1) of the Transport Act 1980 in relation to that section shall not continue after that date.

S-5 As at the termination date in relation to the Paragraph 4...

5. As at the termination date in relation to the Paragraph 4 Section the capital value of the unfunded obligations in the case of that section is £5,001,000, such amount having been determined by the Secretary of State.

S-6 Schedules 1 and 2 to this Order shall have effect for the...

6.—(1) Schedules 1 and 2 to this Order shall have effect for the purpose of—

(a)

(a) requiring the Secretary of State to make payments in respect of the capital values of the unfunded obligations specified in articles 3 and 5; and

(b)

(b) providing for the accrual and payment of interest on the outstanding balances of the capital values of the unfunded obligations specified in articles 3 and 5.

(2) Any payment required to be made by the Secretary of State under Schedule 1 or 2 shall be made to the persons administering the Paragraph 1 Section and the Paragraph 4 Section.

S-7 The obligations to make payments under Schedules 1 and 2 shall...

7.—(1) The obligations to make payments under Schedules 1 and 2 shall be discharged if both the Paragraph 1 Section and the Paragraph 4 Section (“the sections”) have, in the opinion of the Secretary of State, been wound up.

(2) Where it appears to the Secretary of State that the sections may have been wound up the Secretary of State shall consult with the trustee of the Railways Pension Scheme.

(3) The Secretary of State shall notify the trustee of the Railways Pension Scheme of any determination by him that in his opinion the sections have been wound up.

Goschen

Parliamentary Under Secretary of State,

Department of Transport

12th September 1994

SCHEDULE 1

PAYMENTS OF CAPITAL AND INTEREST IN RESPECT OF ONE HALF OF THE SUM OF THE CAPITAL VALUES SPECIFIED IN ARTICLES 3 AND 5

SCHEDULE 1

1 PART I

PART I

SCH-1.1

1.—(1) In this Schedule—

“outstanding balance”, in relation to any Table A amount, means the Table A amount reduced by the amount of any payments made under paragraph 3, increased by any accrued interest required to be added to that amount by any provision of this Schedule and reduced by the amount of any such interest which has been paid;

“section” means the 1994 Pensioners “A” Section;

“Special Reserve Fund” means the fund referred to as the Special Reserve Fund in Rule 13A of the Rules of the section; and

“Table A amount” means any amount specified in column 2 of Table A.

(2) In the event that any index referred to in this Schedule is not published within 15 days of the date on which such index should have been published the relevant provision shall be taken to refer to such value as the actuaries shall determine to be appropriate in all the circumstances of the case.

(3) In this Schedule, unless the context otherwise requires, any reference—

(a)

(a) to a numbered paragraph is to the paragraph in this Schedule which bears that number;

(b)

(b) to a numbered sub-paragraph is to the sub-paragraph which bears that number of the paragraph in which the reference appears; and

(c)

(c) to a lettered Table is to the Table bearing that letter in this Schedule.

2 PART II

PART II

SCH-1.2

2.—(1) The Secretary of State shall make six equal payments amounting in aggregate to £9,972,000, the first such payment to be made on 14 October 1994 and subsequent payments to be made on the fourteenth day of each following month.

(2) Interest shall accrue from 13 October 1994 on the outstanding balance for the time being of the amount specified in sub-paragraph (1), on 13 March 1995, at the rate of 4¼ per cent per annum, and the Secretary of State shall pay the interest which has so accrued on 14 March 1995.

(3) In this paragraph “outstanding balance”, in relation to the amount specified in sub-paragraph (1), means that amount reduced by the amount of any payments made under sub-paragraph (1).

SCH-1.3

3. The Secretary of State shall, in respect of each Table A amount, make twelve equal payments amounting in aggregate to that amount, the first such payment to be made on 14 April of the year specified in column 1 of Table A in relation to that amount and subsequent payments to be made on the fourteenth day of each following month.

SCH-1.4

4.—(1) Subject to sub-paragraph (3), interest shall accrue from 13 October 1994 to 13 October 1995 and during subsequent relevant periods on the outstanding balance of each Table A amount, on 13 October of each year, at the rate determined in accordance with sub-paragraph (2) in relation to the relevant period.

(2) Subject to sub-paragraph (3), the rate in relation to any relevant period shall be:—

per cent per annum.

(3) Where paragraph 3 requires the Secretary of State to commence payment of a Table A amount during a relevant period, the rate at which...

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