Pension Schemes Act 1993

The act was the first statute to result from the comprehensive inquiry led by Roy Goode resulting in the command paper, Pension Law Reform.^[3]

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Part I contains section 1 that sets out the three pillars, or categories of UK pensions: occupational pensions, personal or private pensions and the public or state pension.

Part II concerned administration of the pension system under an "Occupational Pensions Board", though this has now been replaced by the Pensions Regulator under the Pensions Act 2004.

Part III in sections 7 to 68 concerns the certification of pension schemes, and the rule that people with entitlement to such schemes get reduced state benefits, and other effects.

Part IV in sections 69 to 101 sets out minimum protection for early leavers from their jobs before an entitlement to an occupational pension arises.

Part V in sections 102 to 110 requires that pension schemes contain annual increases in line with prices, though sections 102 to 108 were soon replaced by the Pensions Act 1995.

Part VI in sections 111 to 118 contains further protections for scheme members regarding voluntary contributions and disclosure.

Part VII, in sections 119 to 128, set out the rules for insolvent schemes and the duty of the Secretary of State to reimburse employees, but was then replaced by the Pensions Act 1995..

Part VIII contains rules on the relationship between requirements of the act and scheme rules, insofar as they are overridden by the act. Part IX relates to how scheme trust deeds can be modified. Part X relates to investigations by the Pensions Ombudsman. Part X contains miscellaneous provisions, and Part XII holds supplementary provisions.

Repealed enactments

Sections 188(1) and 188(2) of the act repealed 32 enactments and revoked 6 instruments, listed in parts I, II and III, and part IV, of schedule 5 to the act, respectively.^[4]

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Part I – General

Citation	Short title	Extent of repeal
1973 c. 38	Social Security Act 1973	Section 51(3)(b), (5) and (10).
		Section 52(8).
		Section 58(1) to (2B).
		Section 59(1).
		Sections 63 to 68.
		In section 69, subsections (1) to (6).
		Sections 71 and 72.
		Section 86.
		In section 96(1), the words from "(except" to "Part II)".
		In section 99, subsection (5) and in subsection (17) the word "68" and the words "or regulations" in both places where they occur.
		Schedules 16 and 17.
1974 c. 14	National Insurance Act 1974	Section 6(4).
1975 c. 18	Social Security (Consequential Provisions) Act 1975	In Schedule 2, paragraph 52.
1975 c. 60	Social Security Pensions Act 1975	Sections 26 to 58B.
		Sections 59B to 60B.
		In section 61(2), paragraphs (a) and (b) and the words from "regulations under" to "or".
		Section 61A.
		Section 62(4).
		Section 63(2)(g).
		Section 66.
		In section 68(4), the words from the beginning to "Ireland; and" and paragraphs (a) and (b).
		Schedules 1A, 2, 3 and 3A.
		In Schedule 4, paragraphs 2 and 23 to 29 and 31 to 33.
1976 c. 35	Police Pensions Act 1976	In Schedule 2, paragraph 11.
1977 c. 5	Social Security (Miscellaneous Provisions) Act 1977	Section 3(2).
		Section 21.
		Section 22(7), (8), (13), (14).
1978 c. 44	Employment Protection (Consolidation) Act 1978	Section 123.
		In section 124, subsection (2) and in subsection (3) the words "or 123".
		Section 125(3) to (3B).
		In section 126(1), the words "or 123" and "or contributions to an occupational pension scheme falling to be made".
		In section 127(3), the definition of "occupational pension scheme" and the words following it.
		In section 144(4), the words "and 123".
1979 c. 18	Social Security Act 1979	Section 18.
		In Schedule 3, paragraphs 3 and 18.
1980 c. 30	Social Security Act 1980	Section 3(4), (7) to (10) and (12).
1981 c. 33	Social Security Act 1981	In Schedule 2, paragraph 1.
1982 c. 24	Social Security and Housing Benefits Act 1982	Section 40.
		In Schedule 4, paragraphs 20 and 21.
1984 c. 48	Health and Social Security Act 1984	Sections 19 and 20.
		Schedule 6.
		In Schedule 7, paragraphs 4 and 5.
1985 c. 53	Social Security Act 1985	Sections 1 to 6.
		Section 26.
		Section 28(2).
		Schedules 1 to 3.
		In Schedule 5, paragraphs 1, 3, 4, 17, 18, 20, 21, 23 to 27, 29 to 32, 34 and 36.
1985 c. 65	Insolvency Act 1985	In Schedule 8, paragraphs 26 and 31(3).
1985 c. 66	Bankruptcy (Scotland) Act 1985	In Schedule 7, paragraph 13.
1986 c. 45	Insolvency Act 1986	In Schedule 14, the entries relating to the Social Security Pensions Act 1975.
1986 c. 50	Social Security Act 1986	Sections 1 to 8.
		Section 9(1) to (7).
		Sections 10 to 17A.
		Section 52(1) and (2).
		Sections 59 to 61.
		Section 75.
		Sections 78 to 80.
		Section 83(3).
		In section 84; in subsection (1), the definitions of "average salary benefits", "contract of service", "employed earner", "employer", "employee", "insurance company", "minimum contributions", "money purchase benefits", "occupational pension scheme", "personal pension scheme", "protected rights", "tax exemption", "tax approval" and "tax year" and subsection (2).
		Section 85(3), (8) and (8A).
		Section 87(1)(a).
		Schedules 1 and 2.
		In Schedule 5, in Part I, paragraph 1 and in Part II, paragraph (a).
		In Schedule 8, paragraphs 4 and 8 to 11.
		In Schedule 10, paragraphs 2 to 9, 12 to 31 and 82.
1988 c. 7	Social Security Act 1988	Section 9.
		In Schedule 2, paragraphs 1(2), (3), 2 and 3.
		In Schedule 4, paragraph 22.
1989 c. 6	Official Secrets Act 1989	In Schedule 1, paragraph 1(d).
1989 c. 24	Social Security Act 1989	Section 7(6).
		Section 20.
		In Schedule 1, paragraph 11.
		In Schedule 5, paragraphs 11 and 13.
		In Schedule 6, paragraphs 1 to 5 and 8 to 20.
		In Schedule 7, paragraphs 1 and 21.
		In Schedule 8, paragraph 12(1)(a) and (b).
		In Schedule 9, the entries relating to section 64(3)(dd) of the Social Security Act 1973 and sections 53 to 56 of the Social Security Pensions Act 1975.
1989 c. 38	Employment Act 1989	Section 19(2).
1990 c. 27	Social Security Act 1990	Sections 11 and 12(1).
		Sections 13 and 14.
		Section 22(2), (3).
		In section 23(5), paragraph (a), in paragraph (b) the words "section 22 above and" and paragraph (d).
		Schedules 2, 3 and 4.
1990 c. 41	Courts and Legal Services Act 1990	Section 82(2).
1992 c. 6	Social Security (Consequential Provisions) Act 1992	In Schedule 2, paragraphs 20 to 33, 35, 36, 40 to 42, 44, 49, 67 and 76 to 83.
1992 c. 52	Trade Union and Labour Relations (Consolidation) Act 1992	In Schedule 2, paragraph 5.
1993 c. 3	Social Security Act 1993	Section 1.
		In section 5, in subsection (2) the words "section 1(1) and (2) and" and subsection (3).
1993 c. 8	Judicial Pensions and Retirement Act 1993	In Schedule 8, paragraphs 12 and 18.

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Part II – Provisions relating to equal access

Citation	Short title	Extent of repeal
1993 c. 48	Pension Schemes Act 1993	Section 118.
		In section 132, the words "the equal access requirements".
		In section 133(1), the words "the equal access requirements".
		In section 134, in subsection (3), the words "the equal access requirements" and in subsection (4) the words "or the equal access requirements" and the words from "or as the case may be" onwards.
		In section 136(2)(e)(iv), the words "or the equal access requirements".
		In section 139(2), the words "the equal access requirements".
		In section 140(4), paragraph (c) and the word "and" immediately preceding it.
		Section 153(3) and (4).
		Section 170(5) and (6).
		In section 181(1), the definition of "equal access requirements".

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Part III – Provisions repealed as respects Great Britain only

Citation	Short title	Extent of repeal
1973 c. 38	Social Security Act 1973	Section 51(3).
		In section 69(7), the words from "but" onwards.
		Section 89.
		In section 96, in subsections (1), (2), (3) and (6) the words "regulations or".
		In section 97, in subsection (3) the words "regulations and" and subsection (4).
		In section 99, subsections (1) and (3).
1975 c. 18	Social Security (Consequential Provisions) Act 1975	In Schedule 2, paragraph 58.
1975 c. 60	Social Security Pensions Act 1975	In Schedule 4, paragraph 30.
1985 c. 53	Social Security Act 1985	In Schedule 5, paragraph 2.

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Part IV – Subordinate legislation revoked

Citation	Title	Extent of revocation
SI 1987/1116	Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987	All the Regulations.
SI 1988/474	Personal and Occupational Pension Schemes (Tax Approval and Miscellaneous Provisions) Regulations 1988	Regulation 8.
SI 1988/1016	Personal and Occupational Pension Schemes (Transfer to Self-employed Pension Arrangements) Regulations 1988	Regulation 4(2).
SI 1989/500	Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1989	Regulation 3.
SI 1990/1141	Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1990	Regulation 7.
SI 1992/795	Social Security (Class 1 Contributions – Contracted-out Percentages) Order 1992	The whole order.

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• UK labour law
• Pensions in the United Kingdom
• Pensions Act 1995
• Pensions Act 2004
• Pensions Act 2008