Citation, commencement, application and interpretation

1.-(1) These Regulations may be cited as the Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1992.

(2) These Regulations come into force on 1st July 1992.

(3) These Regulations apply to every occupational pension scheme which is not a money purchase scheme.

(4) In these Regulations-

"the Act" means the Social Security Pensions Act 1975;

"actuary" means-

Calculation of the value of scheme liabilities and assets

2.-(1) For the purposes of section 58B(1) of the Act, the value of a scheme's liabilities and assets are to be determined by being calculated and verified in such manner as may, subject to paragraph (2), be approved in the particular case by an actuary appointed by the trustees of the scheme in question.

(2) In calculating the value of the scheme's liabilities, any provision of the scheme which limits the amount of its liabilities by reference to the amount of its assets is to be disregarded.

Scheme which applies to more than one employer

3. In the application of section 58B of the Act to a scheme which applies to earners in employments under different employers and in respect of which there are members in pensionable service under the scheme, as defined in paragraph 3 of Schedule 16 to the Social Security Act 1973(4)-

(a) that section is modified by adding, after sub-section (1), the following new sub-section-

"(1A) The amount of the debt due from each employer shall be such amount as, in the opinion of the actuary referred to in regulation 2(1) of the Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1992(5), bears the same proportion to the deficiency under the scheme as the amount of the scheme's liabilities attributable to employment with that employer (including liabilities in respect of any transfer credits allowed under the scheme in connection with employment with that employer) bears to the total amount of the scheme's liabilities.";

• and

(b) section 58B(2) is modified-

(i)by substituting the following definition for the definition of " the applicable time"-

""the applicable time"means-�

(ii)by substituting the following definition for the definition of "the employer"-

""the employer" means every employer of persons in the description or category of employment to which the scheme relates and includes any person who was an employer of such persons immediately before the scheme-

(a)commenced winding up, or

(b)if earlier, ceased to admit new members;".

Scheme in respect of which there are no members in pensionable service

4. In the application of section 58B of the Act to a scheme in respect of which there are no members who are in pensionable service under the scheme, as defined in paragraph 3 of Schedule 16 to the Social Security Act 1973-

(a) that section is modified in the manner provided by regulation 3(b)(ii) above; and

(b) where there is more than one employer within the meaning of that term as modified by paragraph (a) above, that section is further modified in the manner provided by regulation 3(a) and (b)(i) above.

Explanatory Note

(This note is not part of the Regulations)

Section 58B of the Social Security Pensions Act 1975 (which was inserted by paragraph 2 of Schedule 4 to the Social Security Act 1990) provides for deficiencies in the assets of an occupational pension scheme on a winding up to be a debt due from the employer to the trustees of the scheme.

These Regulations-

• make provision as to the calculation of the scheme's liabilities and assets (regulation 2);

• modify the application of section 58B in relation to scheme which apply to earners in employments under different employers (regulation 3) and to schemes in respect of which there are no members in pensionable service (regulation 4).

These Regulations are consequential upon the coming into force of paragraph 2 of Schedule 4 to the Social Security Act 1990 and are made before the end of the period of 6 months beginning with the commencement of that provision and, therefore, under section 61(5) of the Social Security Act 1986, no proposals to make them have been submitted to the Occupational Pension Board.