Pension Schemes Act 1993 (c. 48)

(The document as of February, 2008)

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Sections 188, 189 and 190.

SCHEDULE 6 Transitional Provisions and Savings

Part I General Provisions

1 In this Schedule "the repealed enactments" means the enactments repealed or revoked by this Act.

2 (1) The substitution of this Act for the repealed enactments does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of this Act, as if done under or for the purposes of that corresponding provision.

(3) Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.

(4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of this Act.

3 Where--

(a) this Act repeals an enactment relating to the coming into force of another provision, including--

(i) an enactment deeming a provision always to have had effect, or to have had effect from a date earlier than that which would otherwise apply, or enabling regulations or an order made under a provision to be framed so as to have such an effect, and

(ii) an enactment conferring power by regulations to provide or make savings in preparation for or in connection with the coming into force of a provision, and

(b) the effect of that provision is reproduced in this Act,

the repeal does not affect the operation of that enactment, in so far as it is not specifically reproduced in this Act but remains capable of having effect, in relation to the corresponding provision of this Act.

4 (1) The repeal or revocation by this Act of an enactment previously repealed or revoked subject to savings does not affect the continued operation of those savings.

(2) The repeal or revocation by this Act of a saving to which a previous repeal or revocation of an enactment is subject does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.

5 The repeal or revocation by this Act of an enactment which has effect as respects any provision of the repealed enactments (being a provision which is not reproduced in this Act but continues in effect by virtue of this Schedule or the [1978 c. 30.] Interpretation Act 1978) does not affect its operation as respects that provision.

6 Any document made, served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of this Act.

Part II Specific Provisions

Contracting-out requirements for schemes providing guaranteed minimum pensions

7 An occupational pension scheme which--

(a) at any time before the coming into operation of the first regulations made under--

(i) paragraph (a) of subsection (2) of section 32 of the [1975 c. 60.] Social Security Pensions Act 1975 (which made corresponding provision to that made by section 9(2)(a) of this Act), or

(ii) subsection (8) of section 35 of the Social Security Pensions Act 1975 (which made corresponding provision to that made by section 16(4) of this Act),

did not satisfy that paragraph or, as the case may be, that subsection; but

(b) would have satisfied it if those regulations had then been in operation,

shall, for the purpose of determining whether the scheme satisfied that paragraph or, as the case may be, that subsection, be treated as if those regulations had been in operation at that time.

8 Any document the contents of which are in terms corresponding to those of section 35(7) of the Social Security Pensions Act 1975, as that subsection stood immediately before the passing of the [1985 c. 53.] Social Security Act 1985 (which corresponded to subsection (2) of section 16 of this Act, but with the substitution for the words from "is terminated before" onwards of the words "is terminated before he attains the scheme's normal pension age shall be determined for the purposes of section 14(2) without reference to any order that comes into force under section 21 of the Social Security Pensions Act 1975 after the relevant year in which his service ends") shall be construed as if its contents were and always had been in terms corresponding to those of section 16(2) of this Act.

9 The requirement of the Social Security Pensions Act 1975 that for an occupational pension scheme to be contracted-out in relation to an earner's employment it must provide requisite benefits shall, except so far as it relates to guaranteed minimum pensions, be treated for the purposes of section 37 of that Act as if it had never existed.

10 (1) Where in the tax year 1989-90 the trustees or managers of an occupational pension scheme made an increase in the rate of pensions currently payable to the members of the scheme who had attained pensionable age or to the widows or widowers of members, they may deduct the amount of the increase from any increase which, but for this sub-paragraph, they would be required to make under section 109 in the tax year 1990-91.

(2) Subsections (1) and (4) of section 110 shall apply to sub-paragraph (1) as they apply to subsections (2) and (3) of that section.

Overriding effect of certain requirements for existing contracted-out and appropriate schemes

11 (1) Subject to sub-paragraph (2), if immediately before paragraph 7 of Schedule 4 to the [1990 c. 27.] Social Security Act 1990 came into force a contracting-out certificate was in force in relation to an occupational pension scheme then, to the extent that the rules of the scheme are inconsistent with the inclusion in section 13(2)(a) of this Act of the words "and does not have a guaranteed minimum under sections 14 to 16" and the inclusion in section 14 of this Act of subsection (3) of that section, they shall be overridden by them.

(2) If paragraph 4(3) of Schedule 9 has or ever had effect in respect of this paragraph, sub-paragraph (1) above shall have effect with the substitution for the words "paragraph 7 of Schedule 4 to the Social Security Act 1990" of the words "this paragraph".

12 If immediately before 13th July 1990--

(a) there was in force in relation to an occupational pension scheme a contracting-out certificate which stated that the scheme was contracted-out by virtue of section 32(2A) of the [1975 c. 60.] Social Security Pensions Act 1975, or

(b) there was in force in relation to a personal pension scheme an appropriate scheme certificate,

then, to the extent that the rules of the scheme are inconsistent with any provision of this Act derived from provision made by paragraph 19(1) or (2) or 20(1) to (3) of Schedule 6 to the [1989 c. 24.] Social Security Act 1989 (by virtue of which--

(i) section 27(3) applies to all protected rights and not only such rights as are mentioned in section 10(2) or (3);

(ii) section 28 includes subsection (1) and, in subsection (3), the words "Subject to subsections (5) and (7)", the words from "except" to "subsection (4)" and the word "shall"; and

(iii) section 29 includes subsection (2))

they shall be overridden by that provision.

Transactions discharging trustees

13 Without prejudice to section 16 of the [1978 c. 30.] Interpretation Act 1978--

(a) as respects a transaction which took place before 1st January 1986, sections 19(1) and 81 have effect with the omission of paragraph (c), and

(b) as respects a transaction which took place before 1st November 1986, section 19 has effect with the substitution for the references to guaranteed minimum pensions of references to requisite benefits.

Contributions equivalent premiums: earnings before 1987-88

14 (1) Where an earner's earnings paid in any period before the tax year 1987-88--

(a) exceeded the lower earnings limit; but

(b) were not such that primary Class 1 contributions within Bracket 3 fell to be paid in respect of them,

it shall be assumed for the purposes of sections 58(4) and 61(2) that his earnings paid in that period were such that, taking the rate specified in Bracket 3 as the appropriate rate, the same amount of primary Class 1 contributions fell to be paid in respect of them as in fact fell to be paid in respect of them; and in this paragraph "Bracket 3" has the meaning given in section 9(3) of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992.

(2) Section 63(3) applies for the purposes of sub-paragraph (1), in so far as it applies as respects section 58(4), as if the reference in paragraph (b) of section 63(3) to earnings included a reference to earnings relevant for any purpose of that sub-paragraph.

(3) Where the Secretary of State has acted in pursuance of section 63(3) as applied by sub-paragraph (2) and he subsequently ascertains the amount of those earnings--

(a) if it appears to him that the amount of the contributions equivalent premium would have been less if he had not made the calculation on the basis described in sub-paragraph (1), he shall refund the difference to the prescribed person, and

(b) if it appears to the Secretary of State that that premium would have been greater if he had not done so, the prescribed person shall pay the difference to him.

Preservation

15 Without prejudice to paragraph 3, in any case where--

(a) the pensionable service of a member of a scheme terminated during the period beginning with 6th April 1988 and ending with 27th February 1991, otherwise than on the termination of his service in relevant employment, and

(b) during that period no payments in discharge of his rights under the scheme were made in consequence of that termination,

paragraph 6(1) of Schedule 16 to the [1973 c. 38.] Social Security Act 1973 (which corresponded to section 71(1) of this Act) shall be taken at all times on and after 6th April 1988 to have had effect in relation to the member and his rights under the scheme with the amendment made by paragraph 5(1) of Schedule 4 to the [1990 c. 27.] Social Security Act 1990 (which substituted the words "pensionable service" for the words "service in relevant employment").

Anti-franking

16 (1) If before 21st July 1989 an earner ceased to be in contracted-out employment by reference to an occupational pension scheme other than a money purchase contracted-out scheme, Chapter III of Part IV shall apply in relation to him with the modifications set out in sub-paragraphs (2) and (3).

(2) In section 87--

(a) in subsection (3) for the words "at any time" there shall be substituted the words "on the relevant date and at any time thereafter";

(b) after that subsection there shall be inserted--

" (3A) In subsection (3) "relevant date"--

(a) in the application of that subsection to a case where a scheme provides for any part of the pension in excess of the earner's guaranteed minimum to commence from a date not more than 3 months after that on which he attains pensionable age or to be postponed for any period for which he continues in employment (whether or not employment to which the scheme relates) after attaining that age, is to be construed in relation to the part of the pension as to which such provision is made as a reference to the date on which by virtue of it that part of the pension begins to be paid; and

(b) in any other case means the commencement of payment date. " ;

(3) Section 90 shall be omitted.

Modifications in consequence of enactment of Part I of the Social Security Act 1986

17 (1) Regulations may provide that any provision of this Act to which section 154 applies shall have effect subject to such modifications (other than those which may be made by virtue of that section) as the Secretary of State may consider necessary or expedient in consequence of Part I of the [1986 c. 50.] Social Security Act 1986 or any provision of this Act deriving from that Part.

(2) Regulations may provide that any provision contained in an Act to which this sub-paragraph applies shall have effect subject to such modifications as the Secretary of State may consider necessary or expedient in consequence of the provisions mentioned in sub-paragraph (1) or in consequence of any corresponding enactment extending to Northern Ireland.

(3) The Acts to which sub-paragraph (2) applies are--

(a) the [1947 c. 41.] Fire Services Act 1947;

(b) the [1961 c. 42.] Sheriffs' Pensions (Scotland) Act 1961;

(d) the [1972 c. 48.] Parliamentary and other Pensions Act 1972;

(e) the [1973 c. 37.] Water Act 1973;

(f) the [1976 c. 35.] Police Pensions Act 1976;

(g) the [1978 c. 56.] Parliamentary Pensions Act 1978;

(h) the [1981 c. 20.] Judicial Pensions Act 1981;

(i) any Act which relates to the employment of persons by a harbour authority (within the meaning of section 57(1) of the [1964 c. 40.] Harbours Act 1964);

(j) the [1993 c. 8.] Judicial Pensions and Retirement Act 1993.

Savings for statutory instruments

18 The repeal by this Act of section 26 of the [1985 c. 53.] Social Security Act 1985 (disapplication of requirement that regulations be referred to the Board in the case of certain regulations made shortly after the commencement of that Act) shall not affect the validity of any regulations to which that section applied.

19 The repeal of subsection (2) of section 17A of the Social Security Act 1986 shall not affect the validity of any Order containing such provision as there mentioned (provision for the Secretary of State to make payments in relation to the provisions contained in Part I of that Act for any period beginning on or after 6th April 1987).

Provisions contained in this Act by virtue of statutory instruments

20 Without prejudice to any express provision in this Act, where this Act repeals any provision contained in any enactment by virtue of any order or regulations (including a provision which has not come into force at the time of the repeal) and the provision is reproduced in this Act, the Secretary of State shall have the like power to make orders or regulations repealing or amending the provision of this Act which reproduces the effect of the repealed provision as he had in relation to that provision.

Saving for application of general provisions relating to social security

21 The repeals made by this Act do not affect the operation of section 66(2) of the [1975 c. 60.] Social Security Pensions Act 1975 (or of any other provision in that Act or any other enactment as it applies by virtue of that section), so far as it is not given effect to in this Act but remains capable of having effect (and paragraph 10 of Schedule 3 to the [1992 c. 6.] Social Security (Consequential Provisions) Act 1992 shall continue to have effect accordingly).

Saving for section 7 of the Social Security Act 1986

22 The repeal by this Act of section 7 of the [1986 c. 50.] Social Security Act 1986 (schemes becoming contracted-out between 1986 and 1993) or of any reference to that section in another of the repealed enactments does not affect--

(a) the operation of that section so far as it is not reproduced in this Act but remains capable of having effect; or

(b) the operation of that enactment so far as the reference is not reproduced in the corresponding provision of this Act and that enactment remains capable of having effect in relation to that section.

Section 190.

SCHEDULE 7 Re-enactment or amendment of certain provisions not in force

The Equal Pay Act 1970 (c. 41)

1 In section 6(1A)(a) of the Equal Pay Act 1970 for the words following "1993)" there shall be substituted the words "which is also an employment-related benefit scheme, within the meaning of Schedule 5 to the Social Security Act 1989, so far as those terms relate to any matter in respect of which the scheme has to comply with the principle of equal treatment in accordance with that Schedule; but".

The Social Security Act 1989 (c. 24)

2 In Schedule 5 to the Social Security Act 1989--

(a) in paragraph 2(8) for the words "section 84(1) of the 1986 Act" there shall be substituted the words "section 181(1) of the Pension Schemes Act 1993";

(b) in paragraph 7(d) for the words "the meaning given by section 51(3)(b) of the 1973 Act" there shall be substituted the words "the same meaning as "public service pension scheme" in section 1 of the Pension Schemes Act 1993";

(c) in paragraph 8 for the words "section 15(1) of the 1986 Act" there shall be substituted the words "section 160(1) of the Pension Schemes Act 1993".

This Act

3 The following provisions of this Act shall cease to have effect--

(a) section 118;

(b) in sections 132 and 133(1), the words "the equal access requirements";

(c) 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;

(d) in section 136(2)(e)(iv), the words "or the equal access requirements";

(e) in section 139(2), the words "the equal access requirements";

(f) in section 140(4), paragraph (c) and the word "and" immediately preceding it;

(g) section 153(3) and (4);

(h) section 170(5) and (6);

(i) in section 181(1), the definition of "equal access requirements".

Section 190.

SCHEDULE 8 Consequential Amendments

The Parliamentary Commissioner Act 1967 (c. 13)

1 In paragraph 10 of Schedule 1 to the Parliamentary Commissioner Act 1967, in the definition of "judicial pension scheme", for the words "section 66(1) of the Social Security Pensions Act 1975" there shall be substituted the words "section 1 of the Pension Schemes Act 1993".

The Administration of Justice Act 1970 (c. 31)

2 In paragraph 3 of Schedule 4 to the Administration of Justice Act 1970 for the words "Social Security Pensions Act 1975" there shall be substituted the words "Pension Schemes Act 1993".

The Equal Pay Act 1970 (c. 41)

3 In section 6(1A)(a) of the Equal Pay Act 1970--

(a) for the words "Social Security Pensions Act 1975" there shall be substituted the words "Pension Schemes Act 1993";

(b) for the words "Part IV" there shall be substituted the words "Part VI".

The Attachment of Earnings Act 1971 (c. 32)

4 In section 24(2) of and paragraph 3 of Schedule 2 to the Attachment of Earnings Act 1971 for the words "Social Security Pensions Act 1975" there shall be substituted the words "Pension Schemes Act 1993".

The Pensions (Increase) Act 1971 (c. 56)

5 In section 17(1) of the Pensions (Increase) Act 1971, in the definition of "money purchase benefits", for the words "section 84(1) of the Social Security Act 1986" there shall be substituted the words "section 181(1) of the Pension Schemes Act 1993".

The Superannuation Act 1972 (c. 11)

6 In section 1(9) of the Superannuation Act 1972, in the definition of "money purchase scheme", for the words from "means" onwards there shall be substituted the words "has the meaning given by section 181(1) of the Pension Schemes Act 1993".

7 In sections 9(6) and 10(6) of that Act, in the definition of "money purchase benefits", for the words "section 84(1) of the Social Security Act 1986" there shall be substituted the words "section 181(1) of the Pension Schemes Act 1993".

8 In section 13(15), in the definition of "judicial pension scheme", for the words "section 66(1) of the Social Security Pensions Act 1975" there shall be substituted the words "section 1 of the Pension Schemes Act 1993";

The Social Security Pensions Act 1975 (c. 60)

9 (1) In section 59 of the Social Security Pensions Act 1975--

(a) in subsection (5A), for the words "section 37A(13), (14) or (15) above" there shall be substituted the words "section 110(2) or (3) of, or paragraph 10 of Schedule 6 to, the Pension Schemes Act 1993"; and

(b) in subsection (7), after the definition of "beginning date" there shall be inserted--

" "employment", "guaranteed minimum pension" and "transfer credit" have the same meaning as in section 181(1) of the Pension Schemes Act 1993 " .

(2) In section 59A(2A) of that Act--

(a) after the words "tax year" there shall be inserted the words "as defined in section 181(1) of the Pension Schemes Act 1993";

(b) for the words "section 37A above" in the first place where they occur there shall be substituted the words "section 109 of the Pension Schemes Act 1993"; and

The Rent Act 1977 (c. 42)

10 In section 653(3) of the Rent Act 1977 for the words "Social Security Pensions Act 1975" there shall be substituted the words "Pension Schemes Act 1993".

The Employment Protection (Consolidation) Act 1978 (c. 44)

11 (1) In section 11(4)(b) of the Employment Protection (Consolidation) Act 1978 for the words "Part III of the Social Security Pensions Act 1975" there shall be substituted the words "Part III of the Pension Schemes Act 1993".

(2) In section 128(2C)(b) of that Act after "1986" there shall be substituted the words "or section 126 of the Pension Schemes Act 1993".

The Justices of the Peace Act 1979 (c. 55)

12 In sections 55(2)(b)(ii) and 58(2)(ii) of the Justices of the Peace Act 1979 for the words "Part III of the Social Security Pensions Act 1975" there shall be substituted the words "Chapter III of Part III of the Pension Schemes Act 1993".

The Judicial Pensions Act 1981 (c. 20)

13 In section 33A(9) of the Judicial Pensions Act 1981--

(a) in the definition of "employment" for the words "Social Security Pensions Act 1975" and "that Act" there shall be substituted respectively the words "Pension Schemes Act 1993" and "section 2 of the Social Security Contributions and Benefits Act 1992"; and

(b) in the definition of "occupational pension scheme" for the words "section 66(1) of the Social Security Pensions Act 1975" there shall be substituted the words "section 1 of the Pension Schemes Act 1993";

(c) in the definition of "personal pension scheme" for the words "section 84(1) of the Social Security Act 1986" there shall be substituted the words "section 1 of the Pension Schemes Act 1993";

(d) in the definitions of "tax exemption" and "tax approval" for the words "section 84(1) of the Social Security Act 1986" there shall be substituted the words "section 181(1) of the Pension Schemes Act 1993".

14 In Schedule 1A to that Act--

(a) in paragraph 1 in the definition of "protected rights" for the words "the Social Security Pensions Act 1975" there shall be substituted the words "the Pension Schemes Act 1993";

(b) in paragraph 3 for the words "Part II of Schedule 1A to the Social Security Pensions Act 1975" there shall be substituted the words "Chapter IV of Part IV of the Pension Schemes Act 1993";

(c) in paragraph 6(6)(a)(ii) for the words "section 2 of the Social Security Act 1986" there shall be substituted the words "section 7 of the Pension Schemes Act 1993".

The Forfeiture Act 1982 (c. 34)

15 In the definition of "relevant enactment" in section 4(5) of the Forfeiture Act 1982 there shall be inserted at the appropriate place the words-- " the Pension Schemes Act 1993 " .

The Companies Act 1985 (c. 6)

16 In Schedule 2 to the Companies Act 1985--

(a) in paragraph 3(2)(b) for the words "section 47 of the Social Security Pensions Act 1975 (deduction of premium from refund of contributions)" there shall be substituted the words "section 61 of the Pension Schemes Act 1993 (deduction of contributions equivalent premium from refund of scheme contributions)";

(b) in paragraph 7(2)(b)--

(i) for the words "section 47 of the Social Security Pensions Act 1975 (deduction of premium from refund of contributions)" there shall be substituted the words "section 61 of the Pension Schemes Act 1993 (deduction of contributions equivalent premium from refund of scheme contributions)"; and

(ii) for the words "Part III" there shall be substituted the words "Chapter III of Part III".

The Bankruptcy (Scotland) Act 1985 (c. 66)

17 In paragraph 4 of Schedule 3 to the Bankruptcy (Scotland) Act 1985 for the words "Schedule 3 to the Social Security Pensions Act 1975" there shall be substituted the words "Schedule 4 to the Pension Schemes Act 1993".

The Insolvency Act 1986 (c. 45)

18 In section 386(3) of and paragraph 8 of Schedule 6 to the Insolvency Act 1986 for the words "Schedule 3 to the Social Security Pensions Act 1975" there shall be substituted the words "Schedule 4 to the Pension Schemes Act 1993".

The Coal Industry Act 1987 (c. 3)

19 In section 7 of the Coal Industry Act 1987 for the words "section 50(1) of the Social Security Pensions Act 1975" there shall be substituted the words "section 37(1) of the Pension Schemes Act 1993".

The Income and Corporation Taxes Act 1988 (c. 1)

20 (1) In section 464(5)(b) of the Income and Corporation Taxes Act 1988 for the words "section 51(3)(a) of the Social Security Act 1973" there shall be substituted the words "section 1 of the Pension Schemes Act 1993".

(2) In section 635(3)(b) of that Act for the words "Social Security Act 1986" there shall be substituted the words "Pension Schemes Act 1993".

(3) In sections 638(6)(c) and 649(1) of that Act for the words "Part I of the Social Security Act 1986" there shall be substituted the words "section 43 of the Pension Schemes Act 1993".

(4) In section 649(2) of that Act for the words from "the percentage" to "1986" there shall be substituted the words "so much of the aggregate amount mentioned in section 45(1) of the Pension Schemes Act 1993 as is attributable to the reduction which would fall to be made under section 41(1)(a) of that Act".

(5) In section 649(6)(b) of that Act for the words "Part I and section 3(3) of the Social Security Act 1986" there shall be substituted the words "section 43, section 45(1) and section 41(1)(a) of the Pension Schemes Act 1993".

The Official Secrets Act 1989 (c. 6)

21 In paragraph 4 of Schedule 1 to the Official Secrets Act 1989 for the words "Social Security Act 1973" there shall be substituted the words "Pension Schemes Act 1993".

The Finance Act 1989 (c. 26)

22 In paragraph 11(2)(b) of Schedule 7 to the Finance Act 1989 for the words "Social Security Act 1986" there shall be substituted the words "Pension Schemes Act 1993".

The Electricity Act 1989 (c. 29)

23 In paragraph 5(1) of Schedule 14 and in paragraph 5(1) of Schedule 15 to the Electricity Act 1989 for the words "Social Security Pensions Act 1975 (contracted-out pension schemes)" there shall be substituted the words "Pension Schemes Act 1993 (so far as relating to occupational pension schemes within the meaning of that Act)".

The Social Security Administration Act 1992 (c. 5)

24 In section 3(1)(c)(ii) of the Social Security Administration Act 1992 for the words "the Pensions Act" there shall be substituted the words "the Social Security Pensions Act 1975".

25 At the end of section 70(3) of that Act there shall be inserted the words " or

(k) the Pensions Act " .

26 In section 110(8) of that Act for paragraphs (d) and (e) there shall be substituted--

" (d) the Social Security Pensions Act 1975; and

(e) the Pensions Act " .

27 In section 148(7) of that Act for the words "section 21 of the Pensions Act" there shall be substituted the words "section 21 of the Social Security Pensions Act 1975".

28 In section 150 of that Act--

(a) in subsection (1)(e), for the words "section 35(6)" and "section 36(3)" there shall be substituted respectively the words "section 15(1)" and "section 17(2)";

(b) after subsection (10) there shall be inserted--

" (10A) Where a member of an appropriate personal pension scheme or a money purchase contracted-out scheme continues in employment after attaining pensionable age and the commencement of his pension under the scheme is postponed, the preceding provisions of this section shall have effect as if--

(a) the guaranteed minimum pension to which he is treated as entitled by virtue of section 48(2)(a) of the Pensions Act were subject to increases in accordance with the provisions of section 15(1) of that Act; and

(b) the amounts of any notional increases referred to in paragraph (a) above were subject to annual up-rating in the same way as if they were sums to which subsection (1)(e)(i) above applied. " ; and

(c) in subsection (11), for the words "the Pensions Act" there shall be substituted the words " the Social Security Pensions Act 1975 " .

29 In section 151 of that Act--

(a) in subsection (4), for the words "section 35(6)" and the words "section 37A" in both places where they occur there shall be substituted respectively the words "section 15(1)" and "section 109"; and

(b) in subsection (5), for the words "section 35(6)" and "section 36(3)" there shall be substituted respectively the words "section 15(1)" and "section 17(2)".

30 In section 155(7) of that Act, for the words "the Pensions Act" there shall be substituted the words "the Social Security Pensions Act 1975".

31 In section 191 of that Act--

(a) the following definitions shall be inserted at the appropriate places--

" "money purchase contracted-out scheme" has the same meaning as in section 8(1)(a)(ii) of the Pensions Act; " and

" "pensionable age" has the same meaning as in section 122 of the Contributions and Benefits Act " ;

(b) in the definition of "occupational pension scheme", for the words "section 66(1)" there shall be substituted the words "section 1";

(c) in the definition of "the Pensions Act", for the words "Social Security Pensions Act 1975" there shall be substituted the words "Pension Schemes Act 1993";

(d) in the definition of "personal pension scheme", for the words "section 84(1) of the 1986 Act" there shall be substituted the words "section 1 of the Pensions Act" and at the end of that definition there shall be added the words "and "appropriate", in relation to such a scheme, shall be construed in accordance with section 7(4) of that Act.".

The Social Security Contributions and Benefits Act 1992 (c. 4)

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