Section 16 — Pensions Act 2008: Qualifying schemes

Qualifying schemes 16 1 A pension scheme is a qualifying scheme in relation to a jobholder (J) if—

a the scheme is an occupational pension scheme or a personal pension scheme, b the scheme is registered under Chapter 2 of Part 4 of the Finance Act 2004 (c. 12),

and c while J is an active member, the scheme satisfies the quality requirement in relation to J.

2 The Secretary of State may by regulations provide that subsection (1)(b) does not apply in relation to a scheme to which section 25 or 27 applies, if prescribed requirements are satisfied.

3 The Secretary of State may by regulations provide that a scheme is not a qualifying scheme in relation to J if—

a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ab . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b while J is an active member, the contributions that must be paid to the scheme by, or on behalf or in respect of, J exceed a prescribed amount, or c the scheme provides for average salary benefits to be provided to or in respect of J and contains prescribed features. 3A See also paragraphs 1(4) and 2(4) of Schedule 18 to the Pensions Act 2014, which confer power to make regulations providing for a scheme not to be a qualifying scheme in relation to a jobholder in certain circumstances. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .