BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Railway Pensions (Transfer of Pension Schemes) Order 2007 No. 2205
URL: http://www.bailii.org/uk/legis/num_reg/2007/20072205.html

[New search] [Help]



STATUTORY INSTRUMENTS


2007 No. 2205

TRANSPORT

The Railway Pensions (Transfer of Pension Schemes) Order 2007

  Made 25th July 2007 
  Coming into force 1st August 2007 

The Secretary of State makes the following Order exercising the powers conferred by paragraphs 4 and 12 of Schedule 11 to the Railways Act 1993 [1].

     In accordance with paragraph 4(5) of Schedule 11, the trustees of the occupational pension schemes which are, or are to be, the transferor schemes and the transferee scheme have consented to the making of this Order.

     In accordance with paragraph 13(2) of Schedule 11 to the Railways Act 1993 the Secretary of State has laid before each House of Parliament a copy of the comments on this Order which have been made in writing to him by the trustees of the transferor schemes and the transferee scheme and which those trustees have designated as comments which they wish him to consider as comments on this Order and which have been received by him before the expiration of the consultation period.

     A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement
     1. This Order may be cited as the Railway Pensions (Transfer of Pension Schemes) Order 2007 and shall come into force on 1st August 2007.

Interpretation
    
2. In this Order—

Transfer of pension rights
     3. On the transfer date—

Transfer of assets and liabilities
    
4. —(1) In consequence of the transfer of pension rights under article 3, on the transfer date—

shall be transferred to the trustees of the transferee scheme and shall become assets of, or as the case may be, liabilities under or in relation to, the transferee scheme.

    (2) In consequence of the transfer of pension rights under article 3, on the transfer date the liability of any employer participating in a transferor scheme to pay contributions in respect of the transferring members shall be transferred to the employer participating in the transferee scheme.

    (3) Paragraph (1)(b) shall only transfer liabilities under or in relation to the 1974 Fund which relate to transferring members.

Operation of the Railway Pensions (Protection and Designation of Schemes) Order 1994
    
5. The provisions of articles 6(2) and 7(4) of the Railway Pensions (Protection and Designation of Schemes) Order 1994[3] shall not operate to require any payment to be made or secured to the trustees of the transferee scheme in respect of the transfer of pension rights or liabilities under the 1974 Fund made by article 3(b) or 4(1)(b) or (2) of this Order.

Winding up of certain transferor schemes
     6. —(1) Subject to paragraph (2) the transferor schemes shall be treated as fully wound up, and the trustees thereof discharged, from the transfer date.

    (2) Paragraph (1) shall not apply to the 1974 Fund.



Signed by the authority of the Secretary of State


Tom Harris
Parliamentary Under Secretary of State Department for Transport

25th July 2007



EXPLANATORY NOTE

(This note is not part of the Order)


Article 3 of this Order makes provision for persons who are members of various pension schemes to be members of the 1994 Pensioners Section of the Railways Pension Scheme (the "transferee scheme"). The pension schemes in question (the "transferor schemes") are:

Article 3 of the Order also provides that on the date on which the Order comes into force each transferring member (which in relation to the 1974 Fund only includes those persons who have rights under that Fund and at least one of the other transferor schemes) becomes a member of the transferee scheme and ceases to be a member of any transferor scheme of which he was previously a member. All of the member's pension rights under the transferor schemes are transferred so as to become rights under the transferee scheme.

Article 4 of the Order provides for the assets of the transferor schemes (other than those of the 1974 Fund) and the liabilities of the trustees under or in relation to each transferor scheme to be transferred to the transferee scheme. In relation to the 1974 Fund, only those liabilities which relate to the transferring members are transferred to the transferee scheme. On the transfer date, the liability of employers participating in the transferor schemes to pay contributions in respect of the transferring members is transferred to the employer participating in the transferee scheme.

Article 5 modifies the operation of Articles 6(2) and 7(4) of the Railway Pensions (Protection and Designation of Schemes) Order 1994 so that no payment is required to the transferee scheme in respect of the transfer of members and liabilities of the 1974 Fund made by this Order.

Article 6 provides that upon transfer of the assets, the transferor schemes (other than the 1974 Fund) are wound up.

A regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities, voluntary bodies or the private sector.


Notes:

[1] 1993 c 43back

[2] All of the transferor schemes were designated as existing schemes for the purpose of paragraph 1 of Schedule 11 to the Railways Act 1993 by article 15 of and the schedule to the Railway Pensions (Protection and Designation of Schemes) Order 1994 (S.I. 1994/1432).back

[3] S.I 1994/1432. Article 7 was amended by article 3(c) of the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994 (S.I. 1994/2005).back



ISBN 978 0 11 078334 5


 © Crown copyright 2007

Prepared 2 August 2007


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2007/20072205.html