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Topic: Pensions Act 1995


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In the News (Sun 27 Dec 09)

  
  Pensions Act 1995
Under new provisions of the Pensions Act 1995, introduced by the Pensions Act 2004, with effect from 6 April 2005, trustees, the employer or any scheme member can apply to the Regulator for the appointment of an independent trustee under Section 7 of the Pensions Act 1995.
subsidiary companies acting as corporate trustees); employees, directors, shadow directors and officers of the employer and their relatives; associates of a director or shadow director of the employer (e.g.
The Regulator must be satisfied that the independent trustee (1) has sufficient relevant experience of occupational pension schemes, (2) is a fit and proper person to act as a trustee, (3) operates "sound" administrative and accounting procedures, and (4) has adequate indemnity insurance cover.
www.pitmanstrustees.com /pensions/act_1995.html   (960 words)

  
  Directory - Regional: Europe: United Kingdom: Business and Economy: Financial Services: Regulation: Pensions   (Site not responding. Last check: 2007-10-31)
Pensions Act 1995  · cached · Official text from the HMSO of the Act of Parliament which created the Minimum Funding Requirement and equalized the retirement ages of men and women.
The Pensions Institute  · A unit of Birkbeck College, University of London, devoted to the research of the evolution of UK pensions.
The Occupational Pension Schemes (Deficiency on Winding Up) Regulations 1996  · cached · Full text of the regulations governing the winding up of UK pension schemes under the 1995 Pensions Act in the case of a deficiency of assets over liabilities.
www.incywincy.com /default?p=822304   (887 words)

  
 Legislation UK | pension law and protecting early leavers
Part II deals with pensions and bankruptcy and is important as section 11 of the WRPA provides statutory protection for an approved scheme, whether being an occupational pension scheme, personal pension or retirement annuity policies (RAPs) by excluding members pension rights from their estate on bankruptcy.
Section 166 of the Pensions Act 1995 inserted sections 25B to 25D in the Matrimonial Causes Act 1973 (MCA 73) that gave the courts the power of pension earmarking, which has applied to all divorces petitioned since 1 July 1996 where couples in divorce were unable to reach an out-of-court settlement.
Under the Naval and Marine Pay and Pensions Act 1865, the prerogative instruments for the Royal Navy and Royal Marines is by an Order of Council, for the Army it is the Pensions Warrant 1977 and for the RAF it is the Queen's Regulations for the Royal Air Force.
sharingpensions.co.uk /legislation4.htm   (1691 words)

  
 Trades Union Congress - Chapter 6 - Pensions   (Site not responding. Last check: 2007-10-31)
Pensions and TUPE Under the Transfer of Undertakings (Protection of Employment) regulations, terms and conditions of employment must remain the same for employees when the business undertaking they work for is transferred from the control of one employer to that of another.
Group personal pensions do not, generally, enjoy the same level of financial commitment from employers as occupational pension schemes and are often introduced as a way of circumventing the already weak provisions in the 1995 Pensions Act (in particular the right for scheme members to nominate trustees to govern the scheme).
The TUC is clear that when workers join a pension scheme it is one of the most important financial decisions a worker will make, and for this reason they should do so secure in the knowledge that their money is secure and that it will be there for them earn they come to retire.
www.tuc.org.uk /congress/tuc-2027-f0.cfm   (9162 words)

  
 Pensions Act 1995 (c. 26)
Equalisation of pensionable age and of entitlement to certain benefits.
Extension of interim arrangements to occupational pension schemes.
Repeal of sections 136 to 143 of the Pensions Schemes Act 1993.
www.opsi.gov.uk /acts/acts1995/Ukpga_19950026_en_1.htm   (447 words)

  
 Glossary UK | Pensions Act 1995, pensions, pension audit
In practice, the members pension rights for divorce cases prior to the Pensions Act 1995 could not be divided so the former spouse would be left with no retirement benefits.
The pension audit should be conduced by a pensions consultant that is a pensions expert with a recognised qualification such as G60 Pensions or equivalent.
For pension sharing on divorce, the court must determine the percentage to be applied to a cash equivalent transfer value (CETV) from the provider or a suitably adjusted CETV from a pensions expert, in order to create a pension credit to the pension scheme member's former spouse.
www.sharingpensions.co.uk /glossary20.htm   (1374 words)

  
 Pensions Act 1995 (c. 26)
In section 73B(2)(b)(ii) of the [1987 c. 26.] Housing (Scotland) Act 1987 (rent loan scheme), for "of the Social Security Act 1975" there is substituted "given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)".
In section 58 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992 (exemption from requirement for election), in subsection (3)(b), for the words following "pensionable age" there is substituted "(within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)".
In section 46 of the [1993 c. 48.] Pension Schemes Act 1993 (effect of entitlement to guaranteed minimum pension on payment of benefits), in subsection (6)(b)(iii), for "section 49" there is substituted "section 48A or 48B".
www.hmso.gov.uk /ACTS/acts1995/Ukpga_19950026_en_9.htm   (3729 words)

  
 Pensions Act 1995 : SCHEDULE 4   (Site not responding. Last check: 2007-10-31)
(b) where the pensioner is a man, at the same weekly rate as that of the pension to which he would have been entitled by virtue of section 38 above on the assumption mentioned in subsection (7) below.
In section 73B(2)(b)(ii) of the Housing (Scotland) Act 1987 (rent loan scheme), for "of the Social Security Act 1975" there is substituted "given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)".
In section 58 of the Trade Union and Labour Relations (Consolidation) Act 1992 (exemption from requirement for election), in subsection (3)(b), for the words following "pensionable age" there is substituted "(within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)".
www.soi.city.ac.uk /~mg/parlc/1995/1995.026.X4.html   (3799 words)

  
 Pensions Act - United Kingdom - Equal Employment Opportunities
The state pension age for men and women and the age at which men and women are required to pay national insurance contributions are to be equalised progressively at 65 over ten years from 6 April 2010.
Occupational pensions schemes may not discriminate on the grounds of sex or marital status in the treatment of occupational scheme members and the terms of their membership (ss.
Hence, all new occupational pension schemes must equalise pension ages for men and women, and all current occupational schemes are obliged to ensure that benefits accruing from 17 May 1990 must be available equally to men and women (s.
www.ilo.org /public/english/employment/gems/eeo/law/uk/pa.htm   (488 words)

  
 Pensions
Judicial Pensions and Retirement Act 1993 The Judicial Pensions and Retirement Act 1993 is a piece of 1959 for members o...
Pensions Act 1995 The Pensions Act 1995 is a piece of legislation to improve the running of pension schemes.
Secretary of State for Work and Pensions The Secretary of State for Work and Pensions is a position in the UK cabinet, r...
www.brainyencyclopedia.com /topics/pensions.html   (117 words)

  
 Relationships - Pensions
If your partner has a pension and you are worried that if you divorce you will not be entitled under this pension, don’t worry.
iii) If your partner’s pension includes a sum of money to be paid to a person of his or her choice on his or her death, then the court can order that your partner name you as that person or that the trustees or managers of the pension scheme pay the death benefit to you.
Instead the pension fund can be split on the making of the order and a percentage of the fund put into a separate fund for you.
www.compactlaw.co.uk /freeinfo/relationships/relatsf13.html   (355 words)

  
 The Disability Discrimination Act 1995 (Pensions) Regulations 2003
(2) In this section, "employer", in relation to an occupational pension scheme, has the meaning given by section 124(1) of the Pensions Act 1995[7] as at the date of coming into force of this section.
Acts of discrimination or harassment by the trustees or managers contrary to the non-discrimination rule are unlawful (subsection (3)).
[6] The former section 8 of the 1995 Act, moved, renumbered and amended by regulation 9 of the Amendment Regulations.
www.opsi.gov.uk /si/si2003/20032770.htm   (2285 words)

  
 Guide to Disability Discrimination Act
The Disability Discrimination Act of 1995 is the first British statute to address the issue of discrimination against Britain's 6.5 million disabled people.
The impact of the Act is likely to be controversial and will have major ramifications for a wide range of public and private sector providers and employers.
The Disability Discrimination Act 1995 is the first U.K. statute to tackle discrimination against disabled people.
www.kfive.co.uk /TheDisabilityDiscriminationAct4.asp   (885 words)

  
 Royal Ordnance Pensioners Association
This is a statutory basis prescribed by the 1995 Pensions Act to check that schemes have adequate assets to meet their fixed commitments at any point in time.
The Inland Revenue has revealed that out of over 100,000 pension schemes only 20 have ever been taxed on their surplus so employers who claim that they have to "use it or lose it" are clearly either deliberately misleading the fund members or are just misinformed.
In the event of any pension scheme being wound up, after meeting the expenses of the process, the remaining assets would be distributed as laid down in the Pensions Act 1995.
www.cix.co.uk /~bicesterh3/ropa/mfr.htm   (658 words)

  
 Home Office Circular 20/1997   (Site not responding. Last check: 2007-10-31)
The Pensions Schemes Act 1993, as amended by the Pensions Act 1995, made provision for changes to the contracting-out requirements applying to occupational pension schemes.
It may be helpful if the details on commutation of pensions, provided in the suggested information pack attached to HOC 5/1997, were amended to make it clear that the age factor to be applied will, unless specified otherwise, relate to age next birthday when pension becomes payable.
For the majority of public service pension schemes the normal retirement age was taken as 60 but for former police officers it was decided that the requisite age should be taken as 55, since that was the compulsory retirement age for most ranks.
www.homeoffice.gov.uk /docs/hoc9720.html   (3041 words)

  
 The Disability Discrimination Act 1995 (Pensions) Regulations 2003
(2) In this section, "employer", in relation to an occupational pension scheme, has the meaning given by section 124(1) of the Pensions Act 1995[7] as at the date of coming into force of this section.
Acts of discrimination or harassment by the trustees or managers contrary to the non-discrimination rule are unlawful (subsection (3)).
[6] The former section 8 of the 1995 Act, moved, renumbered and amended by regulation 9 of the Amendment Regulations.
www.scotland-legislation.hmso.gov.uk /si/si2003/20032770.htm   (2285 words)

  
 Aon Trust Corpn Ltd v KPMG and others   (Site not responding. Last check: 2007-10-31)
Employment — Pension scheme — Status of scheme — Pension fund requiring employee and employer to contribute to fund for employees on retirement — Whether money purchase or earning related scheme — Pension Schemes Act 1993 (c 48), s 181 (1) — Pensions Act 1995 (c 26), ss 56(2), 75(1).
S 102 of the Pension Schemes Act 1993 provided for the automatic increase in certain pension benefits by reference to a limited retail price index and the most recent actuarial valuation.
That element of the pension benefit was calculated by reference to the average salary of a member over the period of service on which the benefit was based.
www.lawreports.co.uk /chanjule0.7.htm   (487 words)

  
 Pensions Act 1995 :   (Site not responding. Last check: 2007-10-31)
Equalisation of pensionable age and of entitlement to certain benefits.
Extension of interim arrangements to occupational pension schemes.
Repeal of sections 136 to 143 of the Pension Schemes Act 1993.
www.soi.city.ac.uk /~mg/parlc/1995/1995.026.html   (396 words)

  
 Pensions Act 1995   (Site not responding. Last check: 2007-10-31)
1993 (as amended by sections 142 to 144 of the Pensions Act 1995) and to regulations 6...
Act 1993 (as amended by sections 142 to 144 of the Pensions Act 1995) and to regulations 6...
The Pensions Act 1995 and the Occupational Pension Schemes...
www.life-assurance-pension.co.uk /lifeassurance/pensions_act_1995.html   (364 words)

  
 Pensions / equalisation of pension ages   (Site not responding. Last check: 2007-10-31)
Different State Pension ages for men and women are temporarily allowed under EC/EU rules (art 7 of EC Directive 79/7/EEC "on the progressive implementation of the principle of equal treatment for men and women in matters of social security").
Previous GMP (Guaranteed Minimum Pension) rules are replaced by rules requiring pensions payable under approved occupational schemes to be increased annually by a specified percentage in respect of pensionable service (Pensions Act 1995, ss.51 and 55).
Where there is a surplus in a company pension fund (technically in an exempt approved trust scheme) there are statutory requirements which must be satisfied before a power to make payments out of the fund to the employer may be exercised (Pensions Act 1995, s.37).
emplaw.co.uk /free/4frame/data/118001.htm?.../PensionsAct1995   (611 words)

  
 Pensions Act 1995   (Site not responding. Last check: 2007-10-31)
The Pensions Act 1995 is a piece of UK legislation to improve the running of pension schemes.
Following the death of Robert Maxwell it became clear that he had embezzled a large amount of money from the pension fund of Mirror Group Newspapers.
Many of the features introduced by the Act will be abolished or amended by the Pensions Act 2004.
www.sciencedaily.com /encyclopedia/pensions_act_1995   (237 words)

  
 Recent Pension Laws   (Site not responding. Last check: 2007-10-31)
The 1995 Pensions Act makes some changes to state pensions, occupational pensions and personal pensions.
Most of the changes were introduced between July 1995 and April 1997.
The Government wanted to introduce an equal state pension age of 65 for men and women.
www.sussex.ac.uk /Users/mpfh9/law.html   (197 words)

  
 The Disability Discrimination Act Publications
This work addresses the duties of managers, in the light of the 1995 Disability Discrimination Act, to provide "reasonable accommodation" for disabled people in their companies.
Since the introduction of the Act the law requires all organizations employing 15 or more people not to discriminate unfairly against disabled applicants and employees, and to provide "reasonable adjustments", with all that this implies.
It is intended to be used as a workbook, in conjunction with its associated pro-forma audit sheets, and as a key source of reference and information.
www.kfive.co.uk /TheDisabilityDiscriminationAct.asp   (668 words)

  
 Pensions Act 1995 (c. 26)
"(4A) The Pensions Ombudsman may (with the approval of the Secretary of State as to numbers) appoint such persons to be employees of his as he thinks fit, on such terms and conditions as to remuneration and other matters as the Pensions Ombudsman may with the approval of the Secretary of State determine.
(c) in any other case, require the trustees or managers of the pension scheme in question to pay the whole or part of that sum, when it becomes due, for the benefit of the other party instead of to the person to whom, apart from the order, it would be paid.
(3) In the case of an occupational pension scheme under section 1 of the Superannuation Act 1972 (superannuation of civil servants), the references in subsections (1) and (2) to the Secretary of State shall be read as references to the Minister for the Civil Service, or such person as may be prescribed.
www.hmso.gov.uk /acts/acts1995/Ukpga_19950026_en_5.htm   (8005 words)

  
 HM Revenue & Customs: National Insurance Contributions and Working Families Tax Credit Acts 2001-2002 Vol. 2 ...
Section 99 of the 1993 Act (trustees' duties after exercise of option under section 95) shall have effect in relation to any extension granted or refused by the Board under subsection (4) of that section before the principal appointed day as though it had been granted or refused by the Authority.
Notwithstanding section 140(3) of the 1995 Act, section 48 of the 1993 Act shall remain in force in respect of minimum payments and minimum contributions paid or payable before the principal appointed day.
(3) Section 144 of the 1993 Act (which is repealed by the 1995 Act, Schedule 7, Part I) shall remain in force as regards schemes that began to wind up before 19th December 1996 and in respect of debts which arose at any applicable time before 6th April 1997.
www.hmrc.gov.uk /nic_acts_2001/vol_02/pasi/pasi-1-02.htm   (1430 words)

  
 Pensions Act 1995: amendments to existing regulations - UK Employment. Pensions & Benefit Law Developments ...
Pensions Act 1995: amendments to existing regulations - UK Employment.
The DSS has now issued a set of draft amending regulations introducing changes to a number of the regulations already issued under the Pensions Act 1995.
Changes are also proposed in relation to the aggregation of scheme membership where an employer operates more than one pension scheme.
www.icclaw.com /devs/uk/ep/ukep_016.htm   (200 words)

  
 legal services: pensions
We know how to deal with a complete range of pensions, offering advice which is enhanced by its ability to draw upon specialist help from our employment, tax and commercial disputes management teams.
We have been established for some 16 years and are legal advisers to 30 or more schemes.
In the last 12 months alone, we have handled the pensions aspects of more than 45 corporate transactions.
www.martineau-johnson.co.uk /expertise/pensions.htm   (182 words)

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