The Pension Schemes (Categories) Regulations 2005

JurisdictionUK Non-devolved
CitationSI 2005/2401

2005 No. 2401

PENSIONS

The Pension Schemes (Categories) Regulations 2005

Made 25th August 2005

Laid before Parliament 1st September 2005

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 1(1), 181(1) and 182(2) and (3) of the Pension Schemes Act 19931, and sections 8(1) and (2) and 83(4), (5) and (6)(a) of the Welfare Reform and Pensions Act 19992and of all other powers enabling him in that behalf, by this instrument, which is consequential upon section 239 of the Pensions Act 20043and is made before the end of the period of six months beginning with the coming into force of that section of that Act4, makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Pension Schemes (Categories) Regulations 2005 and shall come into force—

(a) in the case of a pension scheme that has its main administration in the United Kingdom or that is specified in regulation 2(4), on 22nd September 2005; and

(b) in all other cases, on 6th April 2006.

S-2 Prescription of certain pension schemes as occupational pension schemes

Prescription of certain pension schemes as occupational pension schemes

2.—(1) The pension schemes to which this regulation applies are prescribed as occupational pension schemes for the purposes of section 1(1) (categories of pensions schemes) of the Pension Schemes Act 1993 (“the 1993 Act”).

(2) This regulation applies to a pension scheme—

(a)

(a) established—

(i) for the purpose of providing benefits to, or in respect of, people with service in the employment of a participating employer, or

(ii) for that purpose and also for the purpose of providing benefits to, or in respect of, other people;

(b)

(b) that has its main administration in the United Kingdom or outside the member States; and

(c)

(c) the terms of which provide that each participating employer is a contributor to the scheme.

(3) For the purposes of paragraph (2), “participating employer” means, in relation to a pension scheme, an employer who enters into arrangements (whether before or after the coming into force of these Regulations) with a view to the provision of benefits under the scheme to people with service in the employment of that employer.

(4) This regulation applies to a pension scheme established pursuant to paragraph 3.2 of Part 7 of Annex 2 to Schedule 1 to the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 19995(agreement establishing implementation bodies: staffing arrangements).

(5) This regulation applies to a scheme which—

(a)

(a) is established—

(i) for the purpose of providing benefits to, or in respect of, people with service in employments of a description; or

(ii) for that purpose and also for the purpose of providing benefits to, or in respect of, other people,

and which—

(b)

(b) meets the criteria set out in sub-paragraphs (a) or (b) of the definition of “public service pension scheme” in section 1(1) of the 1993 Act; or

(c)

(c) is established with the concurrence of the Treasury, by or with the approval of any Minister of the Crown or established by or with...

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