declaration of trust and general rules

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Stanplan A

Declaration of Trust and General Rules

(incorporating amendments up to

25 January 2019)

IMPORTANT

Please read and keep

for future reference

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Stanplan A

Declaration of Trust and

General Rules

Note

By a Deed of Assumption and Conveyance dated 18 June 1982 Standard Life Pension Funds Limited

assumed Standard Life Trustee Company Limited as Trustee of Stanplan A and resigned as Trustee, both

with effect from midnight on 30 June 1982.

By a Deed of Assumption and Conveyance dated 2 April 2015 Standard Life Trustee Company Limited

assumed Standard Life Master Trust Co. Ltd. as Trustee of Stanplan A and resigned as Trustee, both with

effect from midnight on 5 April 2015.

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Contents

Declaration of trust

General rules

1A Interpretation 9

1B Expressions defined for use in Special Rules etc 12

1C Calculation of earnings 14

2A Applications for Benefits 14

2B Acceptance of Applications for Benefits 15

2C Scheme Employer's power to provide benefits for non-members 16

2D Payment schedules 16

3A Ordinary contributions 16

3B Additional contributions 17

3C Special contributions 17

3D Voluntary contributions 18

3E Option to stop ordinary contributions 18

3F Contributions in respect of administrative charges 18

3G Contributions in respect of a levy 18

4A Member’s death before his fund has been 18

applied to provide any retirement benefits

4B Lump sum on Member’s death before his fund has been 19

applied to provide any retirement benefits

4C Dependant's pension on Member’s death before his fund 20

has been applied to provide any retirement benefits

4D Children's pension on Member’s death before his fund 21

has been applied to provide any retirement benefits

5 Termination of Pensionable Service 21

6A Retirement 23

6B Lump sum on retirement 24

6C Pension on retirement 24

7A Pension on death after taking retirement benefits 24

7B Other death benefits 25

8A Transfer of assets into a Fund 25

8B Transfer of assets to another scheme 26

8C Transfer of assets to an Insurer 27

8D Option to have a cash equivalent applied 27

9A Provisions affecting pensions payable 27

9B Automatic adjustments in pensions payable 28

10 Transitional rights 29

11 Miscellaneous provisions 29

12A Reduction or suspension of contributions 31

12B Employer ceasing to contribute 31

12C Termination of Funds 31

13 Pension Sharing on divorce 32

January 2019

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Declaration of Trust

By Standard Life Pension Funds Limited

a company incorporated under the Companies Act 1948 and having its Registered Office at Number Three

George Street, Edinburgh.

Whereas it is desired to set up a plan with the main object of providing benefits on retirement for selected

employees of any employer who wishes to participate in the plan and benefits for the dependants of those

employees on their death;

And whereas the Trustee has agreed to act as the first trustee of the said plan;

And whereas it is right that the objects of the said plan, the conditions of membership thereof, the benefits

to be provided thereby, the powers and duties of the Trustee thereunder and other relevant matters should

be set forth in writing:

Now therefore this deed witnesses and it is hereby declared as follows -

1. In this Deed unless the context otherwise requires -

(a) “the Trustee” means the said Standard Life Pension Funds Limited and its successors in

office as trustee under this Declaration of Trust.

(b) “the Plan” means the plan the provisions of which are set out in this Declaration of Trust

and the Rules and which shall be known as “Stanplan A”.

(c) “the General Rules” means the rules annexed to this Declaration of Trust and

subscribed for the purpose of identification by Garrett Dickson, Secretary of the said

Standard Life Pension Funds Limited as the same may be amended from time to time as

herein provided.

(d) “Special Rules” means any rules in addition to or in variation of the General Rules which

may be agreed from time to time between the Trustee and a Participating Employer.

(e) “the Rules” means the General Rules and the Special Rules.

(f) “Participating Employer” means any person who or any partnership of persons or any

body corporate or unincorporate which has agreed with the Trustee to be bound by this

Declaration of Trust and the Rules and whose participation in the Plan will not prejudice

the status of the Plan as an occupational pension scheme and as a registered pension

scheme for the purposes of the Finance Act 2004.

(g) “Insurer” means an insurance company as described in section 275 of the Finance

Act 2004.

(h) “Assurance Company” means the Insurer with whom the Trustee has, from time to time,

selected as the Insurer with whom the Trustee is to effect contracts or policies in terms of

clause 7A and that, by virtue of those contracts or policies, provides administrative

services to the Trustee in respect of the Members of the Plan.

(ha) “Wholly Insured Scheme” has the same meaning as in the Occupational Pension

Schemes (Scheme Administration) Regulations 1996.

(hb) “Charges Year” means, for the purposes of the Occupational Pension Schemes

(Charges and Governance) Regulations 2015, a period of 12 months commencing on the

date on which the Member’s rights are subject to the restrictions on charges set out in

those regulations or, if that date is not a Rebate Date, the Rebate Date which is

immediately before the date on which the Member’s rights are subject to the restrictions

on charges set out in those regulations and on each subsequent anniversary of that date;

and, for the purposes of those regulations, the reference points are the Rebate Dates in

the Charges Year.

(hc) “Rebate Date” means, in relation to a Member, the date in the month set by the

Assurance Company as the date on which rebates on policy charges are applied in

respect of that Member to the contracts maintained under clause 7A.

(i) Any other words or expressions defined in the Rules shall have the meanings thereby

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given to them and the other provisions of the Rules as to interpretation shall apply also to

the interpretation of this Deed.

2. The objects of the Plan shall be -

(a) The provision of benefits on retirement at a specified age for persons who are or have

been employed by a Participating Employer.

(b) The provision of benefits on early or late retirement for such persons.

(c) The provision of pensions for the widows or dependants of such persons after their death.

(d) The provision of lump sum benefits on the deaths of such persons before retirement and

the provision of such other benefits being authorised member payments within the

meaning of section 164 of the Finance Act 2004 for such persons and their dependants in

accordance with the Rules as the Trustee may agree from time to time with a Participating

Employer.

3. The Trustee shall hold the assets of the Plan in several separate funds, each fund consisting of

some or all of the sums contributed in accordance with the Rules in respect of one member of

the Plan and his dependants all income arising therefrom and the assets from time to time

representing or resulting from the said sums and income.

4. The Trustee shall hold each fund upon irrevocable trust for the purposes set forth in this

Declaration of Trust and the Rules and shall be responsible for the discharge of all duties

imposed on a scheme administrator of a registered pension scheme under the Finance

Act 2004.

5. The Trustee shall have the whole rights, powers, privileges and immunities conferred by the law

of Scotland on trustees including the power to appoint a new trustee but the Trustee shall give

written notice of any such appointment to all Participating Employers. The Trustee shall comply

with the terms of regulations 27 and 28 of in the Occupational Pension Schemes (Scheme

Administration) Regulations 1996 on the appointment of trustees and directors to corporate

trustees.

6. For so long as the Plan is a Wholly Insured Scheme, the Trustee shall not be entitled to any

remuneration but the Trustee shall be entitled to be reimbursed by the Assurance Company for

any fees or expenses paid to its directors, any remuneration paid to any person appointed under

clause 9 and levies paid in respect of the Plan (including those payable to the Pensions

Regulator).

6A. If the Plan ceases to be a Wholly Insured Scheme, the Trustee shall be entitled to deduct from

the separate funds held for each member of the Plan and his dependants an appropriate

share of –

(i) any fees or expenses paid to its directors (or, if the Trustee is a trustee for more than

onescheme, an appropriate proportion of these fees or expenses);

(ii) any remuneration paid to any person appointed under clause 9;

(iii) levies paid in respect of the Plan (including those payable to the Pensions Regulator);

(iv) to the extent permitted under section 256 of the Pensions Act 2004, the costs of any

premiums for indemnity insurance arranged under clause 6B.

6B. If the Plan ceases to be a Wholly Insured Scheme, the Trustee may effect insurance against any

loss or damage caused by an act or omission of the Trustee, its employees and officers.

6C. The directors of the Trustee shall be entitled to retain their director fees and the charges for

business undertaken by them or their firm in relation to the Plan.

7A. The Trustee shall have the power to invest the assets of the Plan in any investments permitted

under section 34 of the Pensions Act 1995 and, in particular, in effecting and maintaining with

the Assurance Company annuity or assurance or other contracts or policies for the purposes of

securing benefits whether immediate, future, contingent or otherwise for the purposes of the

Plan payable at an office of the Assurance Company in the United Kingdom and may surrender,

make fully paid up or concur in otherwise altering any contract or policy effected under the Plan

and may place money on current or deposit account with any bank or banking house in the

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United Kingdom or with the Assurance Company, but the Trustee shall not be deemed to

guarantee the obligations of the Assurance Company under any contracts or policies and shall

not be liable for any loss arising in connection therewith:

Provided that for the purposes of this clause the expression Assurance Company shall include

(but only to the extent necessary to give effect to the Rules) any other Insurer with which an

insurance policy or annuity contract is to be effected in accordance with the Rules.

7B. Subject to clause 7C, where any contributions or transfer payments (or any amounts derived

from those contributions or payments) are applied as premiums of a contract or policy of

assurance under which the sum assured is linked to the value of units in one or more funds

established by the Assurance Company, the amount to be applied initially and from time to time

to each such fund (or strategies using such funds) shall be decided by the Member for or in

respect of whom those contributions or transfer payments were paid.

7C. Where, on becoming a Member, an individual does not exercise their powers to select funds in

terms of clause 7B, the Trustee shall apply the contributions in respect of that Member to a

default strategy chosen by the Trustee (or, where the Trustee so decides, a default strategy

chosen by the Trustee after consulting with the Participating Employer that employs the

individuals to whom it is to apply). For so long as the Plan is a Wholly Insured Scheme, those

strategies shall be chosen from the range of such strategies available under the contract or

policy of assurance effected with the Assurance Company; and, unless the Member exercises

their power to select funds or strategies, the Trustee may select a replacement strategy for

those contributions.

7D. Where a default arrangement applies to a Member in terms of the Occupational Pension

Schemes (Investment) Regulations 2005 (the ‘Investment Regulations’), the Trustee shall

comply with its obligations under regulation 2A of those regulations to review that arrangement

and may, as a result of that review, select a replacement arrangement for that Member. For so

long as the Plan is a Wholly Insured Scheme, the Trustee shall select the replacement

arrangement from the range of funds and strategies available under the contract or policy of

assurance effected with the Assurance Company.

7E. The Trustee shall have regard to its obligations under sections 35 and 36 of the Pensions Act

1995 and the Investment Regulations to obtain and consider proper advice on making and

retaining investments and on the preparation of a statement of investment principles.

7F. To the extent that a Member’s rights are subject to the restrictions on charges set out in the

Occupational Pension Schemes (Charges and Governance) Regulations 2015, the Trustee shall

comply with its obligations under those regulations.

8. The Trustee shall keep such books and records relating to the Plan as it requires in order to

satisfy the requirements of section 49 of the Pensions Act 1995.

9. The Trustee may appoint or remove any persons to act respectively as Actuary, Auditor,

Solicitor or Secretary for the purposes of the Plan and may fix the remuneration of such persons

and may vary any such appointment but no person shall be appointed to act as a professional

adviser to the Trustee unless he satisfies any prescribed requirements for that type of adviser

which are laid down in regulations made under section 47 of the Pensions Act 1995.

9A. Subject to sections 33 and 34 of the Pensions Act 1995 (and provided that no power, duty

or discretion delegated to any person who is not a Trustee entitles that person to act as a

Trustee), the Trustee may, on such terms as it considers appropriate:

(a) delegate any of its powers, duties or discretions to any person for such purpose and

for such duration as the Trustee considers appropriate;

(b) authorise any person to provide receipts or discharges.

In particular the Trustee may, on such terms and conditions as it deems appropriate, delegate

its power to exercise discretion in relation to the recipient(s) of any lump sum death benefit

payable in terms of the Rules.

Neither the Trustee nor any employee or officer of the Trustee (a "Trustee Officer") shall be

responsible for acting bona fide on the advice of any Actuary, Auditor or Solicitor or upon other

professional advice nor shall any of them be liable for any acts or omissions not due to his own

wilful act, neglect or default. For so long as the Plan is a Wholly Insured Scheme with Standard

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Life Assurance Limited as the Assurance Company, Standard Life Assurance Limited

indemnifies the Trustee and any Trustee Officer for any costs, charges, damages, expenses,

losses, penalties or taxes incurred in connection with the Plan, other than those arising as a

result of the wilful act, neglect or default of the Trustee or Trustee Officer.

If a Triggering Event occurs in relation to the Plan, the Assurance Company shall reimburse the

Trustee for their costs incurred in complying with their duties under sections 20 to 33 of the

Pension Schemes Act 2017. Notwithstanding the Triggering Event, the Assurance Company

shall continue to provide administrative services to the Trustee under the terms of the contracts

or policies between the Trustee and the Assurance Company or otherwise during the Triggering

Event Period in return for the continued collection of the charges payable under the insurance

contracts effected with the Assurance Company at the level applying immediately before that

period, and such services shall include the calculation and payment of the cash equivalent of the

accrued rights or benefits of members to another pension scheme on an individual basis or on a

collective basis as required under Continuity Option 1.

For the purposes of this clause –

(i) Continuity Option 1 has the meaning given in section 23(5) of the Pension Schemes Act

2017, in accordance with the regulations under section 24 of the Pension Schemes Act

2017.

(ii) Triggering Event and Triggering Event Period have the meanings given in section 21 of the

Pension Schemes Act 2017.

10. (a) Subject to the provisions of this Clause and the restrictions on the powers to alter

schemes contained in section 67 of the Pensions Act 1995, this Declaration of Trust and the

Rules may be amended or added to and other Rules may be substituted for them.

(b) Amendments and additions to this Declaration of Trust or to the General Rules and

substitutions for the General Rules shall be made by a deed executed by the Trustee, and

a copy of the said deed shall be given to each Participating Employer.

(c) Amendments and additions to or substitutions for Special Rules shall be made by

agreement in writing between the Trustee and the Participating Employer with which the

Special Rules were agreed and shall be intimated to such members of the Plan as are

affected by them.

(d) No amendment or addition to this Declaration of Trust or the Rules and no substitution for

the Rules shall -

(i) without the consent in writing of the beneficiary diminish any benefit which has

become payable before the effective date of the alteration or any benefit to which a

member of the Plan could become entitled if his service with the Participating

Employer terminated at that date;

(ii) vary the objects of the Plan as set out in clause 2 hereof;

(iii) except to the extent already authorised or to any further extent which may by law be

authorised, authorise payment to any Participating Employer of any part of the

assets of the Plan;

(iv) alter the provisions of this clause;

but any alteration which purports to do any of these things shall be void only to that extent:

Provided that nothing in this paragraph shall prohibit the Trustee from making any

amendment which may be necessary -

(i) to ensure that the Plan will be treated by the Inland Revenue as a registered

pension scheme within the meaning given to that expression by section 150(2) of

the Finance Act 2004; or

(ii) to ensure that the Plan conforms with the preservation requirements of Chapter I of

Part IV of the Pension Schemes Act 1993; or

(iii) to enable a Participating Employer and its employees to obtain by virtue of their

participation in the Plan exemption from or a reduction in their contributions to any

national pension scheme instituted by legislation.

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11. Nothing contained in this Declaration of Trust or in the Rules shall impose any liability on the

Trustee to take, institute, maintain or defend any legal proceedings against a Participating

Employer or the Assurance Company; and in the event of any difference arising between a

Participating Employer and a beneficiary as to the interpretation of this Declaration of Trust or

the Rules or as to the rights and obligations of the Participating Employer or of the beneficiary

under the Plan the same shall be referred to the Trustee whose determination thereof shall be

conclusive and binding.

12. The trust hereby established shall be governed by the law of Scotland and all documents

executed or promulgated in connection with the Plan shall be construed in accordance with the

law of Scotland, but any document executed by a Participating Employer in another country shall

be valid for the purposes of the Plan if executed in accordance with the requirements of the law

of that country.

In witness whereof these presents typewritten on this and the preceding three pages are sealed with the

common seal of Standard Life Pension Funds Limited and signed for and on their behalf by Sir Thomas

Gordon Waterlow one of their Directors and by Garrett Dickson their Secretary all at Edinburgh on the

Sixteenth day of July Nineteen hundred and seventy four.

T.G. WATERLOW, Director

GARRETT DICKSON, Secretary

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General Rules

1A. Interpretation

(1) In the Rules the provisions of this Rule apply unless the context otherwise requires.

(2) In the Rules the “Trust Deed” means the Declaration of Trust made by Standard Life Pension

Funds Limited and dated 16 July 1974 together with any deeds supplemental thereto.

The expressions defined in clause 1 of the Trust Deed have the same meanings as in the Trust

Deed.

“Anniversary Date” means the date on which the Member's earnings are calculated for the

purposes of the Plan being a date specified in the Special Rules or, if there are no Special

Rules, the Acceptance.

“Annual Allowance Charge” shall have the same meaning as in section 227 of the

Finance Act 2004.

“Annuity Protection Lump Sum Death Benefit” shall have the same meaning as in paragraph

16 of Schedule 29 to the Finance Act 2004.

“Appropriate Percentage” shall have the meaning given to it by section 51ZA(1)(a) of the

Pensions Act 1995.

“Automatic Enrolment Scheme” shall have the same meaning as in section 17 of the

Pensions Act 2008.

“Basic Pay” shall have the same meaning as the definition of “basic pay” in regulation 32K of

the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010.

“Charity Lump Sum Death Benefit” shall have the same meaning as in sub-paragraphs (1)

and (1A) of paragraph 18 of Schedule 29 to the Finance Act 2004.

“Civil Partnership” has the meaning given to it by the Civil Partnership Act 2004 and any

reference to ‘Civil Partner’ is to be read accordingly.

“Defined Benefits Lump Sum Death Benefit” shall have the same meaning as in paragraph

13 of Schedule 29 to the Finance Act 2004.

“Dependant” shall have the same meaning as in paragraph 15 of Schedule 28 to the Finance

Act 2004.

“Dependant’s Annuity” shall have the same meaning as in paragraph 17 of Schedule 28 to the

Finance Act 2004.

“Dependant’s Flexi-Access Drawdown Fund” shall have the same meaning as in paragraph

22A of Schedule 28 to the Finance Act 2004.

“Dependant’s Scheme Pension” shall have the same meaning as in paragraph 16 of

Schedule 28 to the Finance Act 2004.

“Dependent Children” means in relation to any person such of that person's children, adopted

children and step children and the children, adopted children and step children of his spouse or

Civil Partner as are his Dependants (including, after their birth, any such child conceived but not

born before the Member’s death).

“Disqualifying Pension Credit” shall have the same meaning as in paragraph 2(3) of


“Earnings” shall have the same meaning as the definition of “earnings” in subsection (3) of

section 13 of the Pensions Act 2008.

“Employer” means in relation to any person employed by one or more of the Participating

Employers that one or more of them by which that person is employed and in relation to any

person no longer employed by any of the Participating Employers that one or more of them by

which he was last employed.

“Ex-Spouse” means an individual (including a former Civil Partner) to whom Pension Credit

Rights have been or are to be allocated following a Pension Sharing Order, agreement or

equivalent provision.

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“Ex-Spouse Participant” is an Ex-Spouse who participates in the Plan. For this purpose the

Ex-Spouse Participant must participate in the Plan either -

(a) solely for the provision of a Pension Credit Benefit, or

(b) for the wholly separate provision of a Pension Credit Benefit, where benefits accrue or

have accrued to that individual under the Plan for any other reason.

“First Requirement” means the requirements set out in paragraph (2) of regulation 32E of the

Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010.

“First Transitional Period” shall have the same meaning as in subsections (1) and (2) of


“Flexi-Access Drawdown Fund Lump Sum Death Benefit” shall have the same meaning as

in paragraph 17A of Schedule 29 to the Finance Act 2004.

“Fund” means in relation to each Member and his Dependants that one of the several funds

held by the Trustee into which the contributions paid in respect of that Member have been paid.

“Group A Member” means, unless the Scheme Employer notifies the Trustee that an individual

is not to be so treated or the Special Rules state otherwise, a Scheme Member who was, on

5 April 2006, a Group A Member in terms of the Rules as they applied on that date and any

individual who becomes a Scheme Member after that date.

“HMRC” means HM Revenue and Customs.

“Incapacity” means that the Member is (and will continue to be) incapable of carrying on his

occupation because of physical or mental impairment.

“Index” means the general index of retail prices (all items) published by the Office for National

Statistics.

“Jobholder” shall have the same meaning as in section 1 of the Pensions Act 2008.

“Lifetime Allowance Charge” shall have the same meaning as in section 214(1) of the

Finance Act 2004.

“Lifetime Allowance Excess Lump Sum” shall have the same meaning as in paragraph 11 of


“Lifetime Annuity” shall have the same meaning as in paragraph 3 of Schedule 28 to the

Finance Act 2004.

“Member” means a person who has become a member of the Plan in accordance with the

Rules and who is neither a person who has ceased to be a member of the Plan under any of its

provisions nor a person in respect of whom all the liabilities of the Trustee to pay or provide

benefits have come to an end.

“Member’s Flexi-Access Drawdown Fund” shall have the same meaning as in paragraph 8A

of Schedule 28 to the Finance Act 2004.

“Nominee” shall have the meaning given in paragraph 27A of Schedule 28 to the Finance

Act 2004.

“Nominees’ Annuity” shall have the meaning given in paragraph 27AA of Schedule 28 to the

Finance Act 2004.

“Nominee’s Flexi-Access Drawdown Fund” shall have the same meaning as in paragraph

27E of Schedule 28 to the Finance Act 2004.

“Nominee’s Fund” means the value from time to time of those funds which have been set

aside for the purchase of a pension for a Nominee.

“Normal Minimum Pension Age” shall have the same meaning as in section 279(1) of the

Finance Act 2004.

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“Normal Retirement Date” in relation to a Member means the date stated in the initial

Application for Benefits in respect of him to be his Normal Retirement Date or normal retirement

age or such new date as the Trustee may agree with the Employer and the Member and which

would have been acceptable under section (2) of Rule 2B.

“Pension Commencement Lump Sum” means a lump sum that satisfies the conditions given

in paragraph 1 of Schedule 29 to the Finance Act 2004 for being a pension commencement

lump sum.

“Pension Credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions

Act 1999 or under corresponding Northern Ireland legislation.

“Pension Credit Benefit” in relation to a scheme, means the benefits payable under the

scheme to or in respect of a person by virtue of rights under the scheme attributable (directly or

indirectly) to a Pension Credit.

“Pension Credit Rights” means rights to future benefits under a scheme which are attributable

(directly or indirectly) to a Pension Credit.

“Pension Salary Sacrifice Arrangement” means an arrangement by which a Member’s

contract of employment with the Scheme Employer is varied so as to reduce earnings that the

Member would otherwise be entitled to in respect of Service after the date of that variation.

“Pension Sharing Order” means any order or provision as is mentioned in section 28(1) of the

Welfare Reform Act, Article 25(1) of the Welfare Reform and Pensions (Northern Ireland)

Order 1999, Part 4 of Schedule 5 to the Civil Partnership Act 2004 or Part 3 of Schedule 15 to

that Act.

“Pension Sharing Rules” means Rule 13 and, unless otherwise stated, all words and

expressions defined in the Pension Sharing Rules shall have the same meanings and

interpretation in the rest of the Rules.

“Pensionable Service” shall have the meaning ascribed to it by section 70 of the Pension

Schemes Act 1993.

“Pensions Act” means the Pensions Act 1995.

“Pensionable Age” in relation to a Member means the age determined by the rules in

paragraph 1 of Schedule 4 to the Pensions Act.

“Pensions Legislation” means the Pension Schemes Act 1993, the Pensions Act 1995 and the

Pensions Act 2004.

“Permitted Maximum” is the amount which would have been the permitted maximum under

section 590C(2) of the Income and Corporation Taxes Act 1988 if that section had not been

repealed and the Treasury had made the orders required by that section, as it had effect

immediately before the repeal, in respect of the tax year 2006-2007 and each subsequent tax

year.

“Qualifying Recognised Overseas Pension Scheme” shall have the same meaning as in

section 169(2) of the Finance Act 2004.

“Qualifying Scheme” shall have the same meaning as in section 16 of the

Pensions Act 2008.

“Recognised Overseas Pension Scheme” shall have the same meaning as in section 150(8)

of the Finance Act 2004.

“Registered Pension Scheme” shall have the same meaning as in section 150(2) of the

Finance Act 2004.

“Relevant Percentage” shall have the meaning given to it by section 51(4) of the Pensions

Act 1995 as it applies to a category X pension as defined in section 51(4A) of that Act; and, for

the purposes of calculating the relevant percentage, the reference period shall be the 12 months

which ends on the last day of the third calendar month before the month in which the relevant

anniversary occurs.

“Scheme Administrator” shall have the same meaning as in section 270 of the Finance

Act 2004.

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“Scheme Employer” and “Scheme Member” mean respectively a Participating Employer and

a Member to whom the General Rules apply as added to or varied by Special Rules in which the

word “Scheme” is defined.

“Scheme Pension” shall have the same meaning as in paragraph 2 of Schedule 28 to the

Finance Act 2004.

“Second Requirement” means the requirements set out in paragraph (3) of regulation 32E of

the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010.

“Second Transitional Period” shall have the same meaning as in subsections (3) and (4) of


“Service” means continuous service with the Employer.

“Serious Ill-health Lump Sum” shall have the same meaning as in paragraph 4 of Schedule

29 to the Finance Act 2004.

“Serious Ill-health Lump Sum Charge” shall have the same meaning as in section

205A of the Finance Act 2004

“Special Lump Sum Death Benefits Charge” shall have the same meaning as in section 206

of the Finance Act 2004.

“Third Requirement” means the requirements set out in paragraph (4) of regulation 32E of the

Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010.

“Trivial Commutation Lump Sum” shall have the same meaning as in paragraph 7A of

Schedule 29 to the Finance Act 2004 and includes a commutation payment to the Member that

is deemed to be an authorised payment by regulations made under the Finance Act 2004.

“Trivial Commutation Lump Sum Death Benefit” shall have the same meaning as in

paragraph 20 of Schedule 29 to the Finance Act 2004 and includes a commutation payment to

the member that is deemed to be an authorised payment by regulations made under the

Finance Act 2004.

“Uncrystallised Funds Lump Sum Death Benefit” shall have the same meaning as in

paragraph 15 of Schedule 29 to the Finance Act 2004.

“Uncrystallised Funds Pension Lump Sum” shall have the same meaning as in paragraph

4A of Schedule 29 to the Finance Act 2004.

“Welfare Reform Act” means the Welfare Reform and Pensions Act 1999.

“Winding-up Lump Sum” shall have the same meaning as in paragraph 10 of Schedule 29 to

the Finance Act 2004.

(3) Any reference to an employee or person employed by or in the employ or service of an

Employer shall be construed as a reference to a person who is or has been in the Service and

as including a director of that Employer.

(4) Any reference to any enactment shall be construed as a reference to that enactment as

amended or re-enacted and to any regulations made thereunder for the time being in force and

to any corresponding provisions in force in Northern Ireland.

(5) Words importing the masculine gender shall include females and the word “widow” shall include

a widower and, but not so as to confer any rights on (or in respect of) a Member whose Fund

was applied before 5 December 2005, a Civil Partner. Any reference to being married includes

being in a Civil Partnership and any reference to being unmarried excludes being in a Civil

Partnership.

(6) Words in the singular shall include the plural and words in the plural shall include the singular.

1B. Expressions defined for use in Special Rules etc.

In Special Rules, Applications and Acceptances, unless the context otherwise requires or a

different meaning is expressly given -

(a) a Member's “Total Scheme Year Earnings” means the annual equivalent of the total

emoluments received by the Member from the Employer for the year ending with the day

before the date of calculation;

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(b) a Member's “Total Tax Year Earnings” means the annual equivalent of the total

emoluments received by the Member from the Employer for the year ending on 5 April

next before the date of calculation;

(c) a Member's “Normal Scheme Year Earnings” means the sum of -

(i) the annual equivalent of the basic emoluments received by the Member from the

Employer for the year ending with the day before the date of calculation; and

(ii) the yearly average of all the emoluments (other than basic emoluments) received

by him from the Employer over the period of three years ending with the day before

the date of calculation;

(d) a Member's “Normal Tax Year Earnings” means the sum of -

(i) the annual equivalent of the basic emoluments received by the Member from the

Employer for the year ending on 5 April next before the date of calculation; and


by him from the Employer over the period of three years ending on 5 April next


(e) a Member's “Normal Rate Earnings” means the sum of -

(i) the annual equivalent of the basic rate of the Member's emoluments from the

Employer at the date of calculation; and


by him from the Employer over the period of three years ending with the day before

the date of calculation;

(f) a Member's “Basic Scheme Year Earnings” means the annual equivalent of the basic

emoluments received by the Member from the Employer for the year ending with the day


(g) a Member's “Basic Tax Year Earnings” means the annual equivalent of the basic

emoluments received by the Member from the Employer for the year ending on 5 April

next before the date of calculation;

(h) a Member's “Basic Rate Earnings” means the annual equivalent of the basic rate of the

Member's emoluments from the Employer at the date of calculation;

(i) a Member's “Total Pay Period Earnings” means the total emoluments received by the

Member from the Employer in the pay period ending next before the date of calculation;

(j) a Member's “Basic Pay Period Earnings” means the basic emoluments received by the

Member from the Employer in the pay period ending next before the date of calculation;

(k) a Member’s “Qualifying Earnings” means the qualifying earnings received by the

Member from the Employer (as defined for the purposes of section 13 of the

Pensions Act 2008) in the pay period ending next before the date of calculation:

Provided that –

(i) in the case of paragraphs (a), (c) and (f), if at the date of the first calculation, or, in the

case of paragraphs (b), (d) and (g), if at the date of the first or second calculation, the

Member had no such emoluments, the annual equivalent of the Member's fixed

remuneration from the Employer at that date shall be used in that calculation;

(ii) for the purposes of calculating the contributions and benefits in respect of a Group A

Member, the definitions above are to be interpreted as though the appropriate

emoluments are no greater than the Permitted Maximum.

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1C. Calculation of earnings

(1) Any calculation of a Member's earnings for the purposes of the Plan shall be made on the day

he becomes a Member and on each Anniversary Date thereafter, any reduction in his

emoluments owing to temporary absence from work being ignored and each calculation

determining his earnings for the purposes of the Plan until a further calculation is made:

Provided that -

(i) no calculation of a Member's earnings shall be made during a period for which no

contributions are being paid to the Plan in respect of the Member with the exception of a

period during which contributions are temporarily suspended in accordance with

Rule 12A;

(ii) where a Member in Pensionable Service is on a 'period of paid maternity absence', a

‘period of paid paternity leave’ or ‘a period of paid adoption leave’ as defined in

Schedule 5 to the Social Security Act 1989, any calculation of his earnings for the

purposes of the Plan shall be based on the earnings which he is likely to have received if

he had been working normally; and

(iii) the Trustee may agree with the Employer that, for the purposes of calculating the

ordinary contributions to be paid in respect of him, the Member's earnings shall be

calculated over a pay period or on the due date of each ordinary contribution.

(2) In determining the emoluments or remuneration to be used for any purpose of the Plan -

(a) the Trustee shall ignore all emoluments which are not treated for tax purposes as emoluments

from an office or employment and all emoluments to which a Member is not beneficially

entitled and, unless the Employer otherwise directs, all emoluments which are treated for tax

purposes as emoluments from an office or employment but which are not monetary;

(b) the Trustee shall ignore any amounts which arise from the acquisition or disposal of

shares or an interest in shares or a right to acquire shares or anything in respect of which

tax is chargeable by virtue of section 225 or section 226 of the Income Tax (Earnings and

Pensions) Act 2003 or under Chapter 3 of Part 6 of that Act;

(c) if emoluments which are to be averaged over a period of at least three years have not

been received for such a period, the Trustee shall take the yearly average over the period

for which they have been received.

2A. Applications for Benefits

(1) An initial Application for Benefits in a form to be prescribed by the Trustee may be submitted to

the Trustee by an employer in respect of any person who at the earliest date at which a

contribution falls due satisfies all the following conditions -

(a) he is or has been in receipt of emoluments which are or were treated for tax purposes as

emoluments from an office or employment with the employer;

(b) he has attained the age of 18 years;

(c) he is not within five years of his Normal Retirement Date; and

(d) his habitual place of work, under his contract of service with his Employer, is located in the

United Kingdom.

(2) In respect of any person the Trustee may at the request of the employer waive any or all of

conditions (b) and (c) of section (1) of this Rule and the further conditions, if any, specified in the

Special Rules.

(3) Notwithstanding the terms of section (1) of this Rule, where it has been agreed with the Trustee

that the Plan shall be an Automatic Enrolment Scheme in relation to Jobholders of a Scheme

Employer who satisfy the conditions specified in the Special Rules, the Scheme Employer may

submit an initial Application for Benefits for the payment of ordinary contributions at a level

intended to meet –

(a) the quality requirements under section 20 of the Pensions Act 2008; or

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(b) the First Requirement, Second Requirement or Third Requirement (being the

alternative requirements under section 28 of that Act);

and the Trustee shall accept that Application.

(4) Each initial Application for Benefits shall, if the Trustee so requires, state the contributions

intended to be paid, and by whom, and on what dates they are to be payable and whether for

the purposes of the Plan they are to be ordinary contributions, additional contributions, or special

contributions:

Provided that, where an applicant enters a benefit in an Application without also entering the

contribution to be paid, he shall be deemed to be offering to pay whatever contribution the

Assurance Company estimates to be necessary to secure the benefit at the Assurance

Company's normal rates; and that contribution shall be deemed to be entered in the Application.

(5) A Scheme Employer may submit an initial Application for Benefits in respect of an eligible

person on a day other than an Entry Date specified in Special Rules.

(6) Each person in respect of whom an Employer submits an initial Application for Benefits which

has been accepted shall be given notice of the essential features of the Plan.

(7) The Trustee may, in respect of a Member, accept further ordinary contributions, additional

contributions and special contributions and a request to provide additional benefits.

(8) Where it has been agreed with the Trustee that the Plan shall be a Qualifying Scheme in relation

to Jobholders of a Scheme Employer for whom ordinary contributions are being paid and who

satisfy the conditions specified in the Special Rules, the Scheme Employer may submit an

Application for Benefits for the payment of further ordinary contributions to attain a level that is

intended to meet –

(a) the quality requirements under section 20 of the Pensions Act 2008; or

(b) the First Requirement, Second Requirement or Third Requirement (being the alternative requirements under section 28 of that Act);

and the Trustee shall accept that Application.

(9) Where the Member is a Jobholder who is covered by a certificate given by the Employer under

subsection (2)(b) of section 28 of the Pensions Act 2008 and, at the end of the period covered

by the certificate, the Employer concludes that ordinary contributions have not been paid at the

required level, the Employer may submit an additional Application for Benefits to pay a special

contribution under section (7) of Rule 2A.

2B. Acceptance of Applications for Benefits

(1) The Trustee shall not accept an Application for Benefits unless it is satisfied that the Assurance

Company will underwrite at normal rates the assurances necessary to provide the benefits; and

if the Assurance Company notifies the Trustee that it will underwrite the assurances only on

special terms the Trustee shall not accept the Application until it has been modified to reflect

those special terms either by alterations initialled by the signatories or by a separate notice to

the Trustee signed by or on behalf of the Employer.

(2) The Trustee shall not accept in respect of any person an initial Application for Benefits in which

the date stated to be his Normal Retirement Date is earlier than the Normal Minimum Pension

Age or later than the day before his 75th birthday; nor shall the Trustee accept an Application for

Benefits in which the said date is earlier than the date at which the person's membership is to

commence.

(3) Subject to section (4) of this Rule each person in respect of whom an initial Application for

Benefits has been accepted shall become a Member from whichever is the later of the earliest

date specified in the Application for Benefits as a date at which a contribution falls due and the

date at which the first contribution is received by the Trustee:

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Provided that if the first contribution is not received by the Trustee on or before the thirtieth day

after it falls due, the Trustee may cancel the Acceptance and, if it does so, no person shall have

any claim upon the Trustee or any agent of the Trustee in respect of the benefits which might

otherwise have been payable.

(4) Where any contribution to be paid or benefit to be provided in respect of a person is determined

by Special Rules in force at the time when an initial Application for Benefits is submitted,

section (3) of this Rule shall not apply to him but the Trustee shall ensure in any such case that

the Special Rules specify when his membership is to start and provide for the issue of a

certificate of membership.

2C. Scheme Employer's power to provide benefits for non-members

(1) If the Trustee consents a Scheme Employer may pay contributions to provide benefits for or in

respect of any person who is or has been in the Service of the Scheme Employer but who is not

a Scheme Member.

(2) For the purpose of providing benefits under the foregoing section the Trustee may deem any

person to be or have been a Member for the purposes of such Rules as the Trustee and the

Employer shall agree.

(3) Where any benefit to be provided for any person under this Rule cannot be provided by means

of the foregoing section of this Rule the Trustee shall agree with the Employer the

circumstances in which the benefit is to be payable, the amount of the benefit, and the terms

and conditions on which the benefit is to be paid.

(4) Where a benefit is provided under this Rule the Trustee shall inform the beneficiary in writing of

the benefit being provided and the terms and conditions on which it will be payable, but if it

informs a person of the benefits payable in the event of his death it need not also inform the

beneficiaries.

2D. Payment schedules

(1) In the circumstances prescribed by section 87 of the Pensions Act, the Trustee shall prepare,

maintain and, from time to time, revise a payment schedule for each Participating Employer

which shows the payments which that Participating Employer and its employees have agreed to

pay to the Trustee and which satisfies the requirements of that section.

(2) If the Trustee does not receive an amount payable in accordance with a Participating Employer’s

payment schedule by its due date, the Trustee shall notify the Pensions Regulator and the

Members employed by that Participating Employer of the fact, where the Trustee believes it has

reasonable cause to do so in terms of section 88 of the Pensions Act.

3A. Ordinary contributions

(1) The ordinary contributions to be paid in respect of a Member shall be the contributions described

as ordinary contributions or ordinary payments in the Application for Benefits or, where there is

no Application for Benefits, the Acceptance issued by the Trustee.

(2) Subject to Rules 3E and 12A ordinary contributions to a Fund shall be payable at regular

intervals in the period commencing with the first due date specified in the Application for Benefits

or, where there is no Application for Benefits, the Acceptance issued by the Trustee and ending

with the last due date which occurs not later than the earliest of -

(a) the day the Member ceases to be in Pensionable Service or in the Service (by reason of

his death or otherwise);

(b) the Member’s Normal Retirement Date (or if the Member remains in Service after his

Normal Retirement Date and the Employer, the Trustee and the Member so agree, the

day he retires or is deemed to retire);

(c) the day before the Member’s 75th birthday;

(d) the day before the Member takes any benefit from the Fund;

(e) the day on which contributions are terminated in accordance with Rule 12B;

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(f) the day the Member becomes a ‘qualifying person’ as defined in the Occupational

Pension Schemes (Cross-border Activities) Regulations 2005;

(g) the day that the Member’s habitual place of work under his contract of service with his

Employer ceases to be located in the United Kingdom otherwise than by secondment.

For the purposes of paragraph (g) of this section, a secondment is a posting for a temporary

period where there is a definite expectation that the Member will return to work or retire in the

United Kingdom after the expiry of that period.

(3) An ordinary contribution shall be either of a fixed amount or a fixed percentage of a Member's

earnings and the Employer may pay any part or the whole of it:

Provided that unless the Trustee otherwise agrees or the Employer is making additional

contributions to the Plan in respect of the Member, the Member shall not pay the whole of the

ordinary contribution under the Plan.

(4) Where part or the whole of the ordinary contribution is to be paid by the Member, the Employer

shall pay to the Trustee on the due date the whole of the ordinary contribution and shall arrange

to recover the amount to be contributed by the Member by deduction from his remuneration or

otherwise without recourse to the Trustee.

(5) Where an ordinary contribution is an amount per annum payable on one date in each year and a

period for which that contribution is due will be less than one year, then the Trustee may accept

a proportionate amount instead of the full amount.

3B. Additional contributions

(1) An Employer may pay additional contributions in order to provide additional benefits payable on

the death of a Member while in the Service on or before his Normal Retirement Date (or if the

Member remains in Service after his Normal Retirement Date and the Employer so agrees, on or

before his Pensionable Age) and such additional benefits may be in the form of a lump sum or in

the form of a pension for one or more of the Member's Dependants or in the form of both.

(2) The Trustee shall inform the Employer of the amount of the additional contribution payable

under the foregoing section and that contribution shall be due on the same day as an ordinary

contribution is or would have been payable, and shall, subject to section (3) of this Rule, be

payable for the same period or for such shorter period as the Employer requires the additional

death benefit to be provided.

(3) Where the Assurance Company, under the terms of the policies effected or to be effected by the

Trustee, exercises a right to refuse further additional contributions in respect of a Member or the

Member becomes a ‘qualifying person’ as defined in the Occupational Pension Schemes

(Cross-border Activities) Regulations 2005, the additional contributions payable in respect of that

Member shall terminate and the related additional benefits shall cease to be payable under the

Plan.

(4) Where the benefits to be provided in respect of a Member by the contributions to be paid by the

Employer are benefits payable only on the death of the Member in the Service, the word

“additional” in this Rule shall be read only as identifying the type of contributions or benefit and

not as requiring any other contributions or benefits to be paid in respect of the Member.

3C. Special contributions

(1) The Trustee shall not accept a special contribution unless it is satisfied that the special

contribution is being paid for a purpose within the objects of the Plan.

(2) Special contributions may be paid at any time but no special contribution shall be paid by a

Member into the Fund unless contributions are being paid to that Fund in respect of him or the

Trustee otherwise agrees.

(3) Where a person has already received a benefit under the Rules, no special contribution shall be

paid to augment his benefits unless the Assurance Company is willing to provide benefits in

respect of that contribution.

(4) If the Trustee accepts an Application for Benefits which states that a special contribution is to be

paid, the special contribution shall be due on the date or dates specified in the Application or, if

no date is specified, on the day following the issue of the Acceptance.

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3D. Voluntary contributions

(1) Subject to the provisions of this Rule, a Member may pay ordinary contributions in excess of the

contributions which the Employer requires him to pay as a condition of his membership of the

Plan and may pay additional or special contributions in terms of Rule 3B or Rule 3C, and in this

Rule the expression “voluntary contributions” means those contributions.

(2) In any year commencing on a 6 April and ending on a 5 April a Member's total voluntary

contributions shall not be less than the minimum annual premium acceptable to the Assurance

Company as the premium of a policy for this purpose.

(3) The Member shall give three months' notice to the Trustee, or such shorter period as is

acceptable to the Trustee, of his intention to pay a voluntary contribution or pay voluntary

contributions at a specified rate or to vary that rate.

3E. Option to stop ordinary contributions

(1) While in the Service a Member may give notice to the Employer that he wishes no further

ordinary contributions to be paid into the Plan in respect of him.

(2) Any such notice shall be given in writing and shall specify the last date on which ordinary

contributions (other than contributions due before the date the notice was given) shall be paid

but that date shall not be earlier than the date at which the notice is delivered to the Employer.

(3) An Employer who has been given such a notice shall inform the Trustee forthwith of -

(a) the last date at which an ordinary contribution is to be paid;

(b) the additional contributions (if any) that are to be paid in respect of the Member or the

benefits (if any) that are to be payable on the death of the Member in the Service on or

before his Normal Retirement Date;

and the Trustee shall inform the Member of any benefits that are to be payable on his death.

3F. Contributions in respect of administrative charges

A Scheme Employer shall pay such contributions as are necessary to meet the administrative

charges payable by the Trustee to the Assurance Company.

3G. Contributions in respect of a levy

If the Trustee so requires, a Participating Employer shall pay such contributions as are

necessary to meet any levy payable by the Trustee in respect of those Members in relation to

which that Participating Employer is the Employer.

4A. Member’s death before his Fund has been applied to provide any retirement benefits

(1) If a Member dies before his Fund has been applied to provide any retirement benefits in

accordance with Rule 6A, the Trustee shall apply the Fund -

(a) in paying a lump sum death benefit in accordance with Rule 4B;

(b) in securing a pension for one or more of the Member's Dependants or Nominees payable

in accordance with Rule 4C;

(c) in securing a pension or pensions for the Member's Dependent Children payable in accordance with Rule 4D.

(2) Where part of the Fund is to be applied to secure a pension under paragraphs (a), (b) or (c) of

section (2) of Rule 4C or 4D, the Trustee shall, subject to section (3) of this Rule, provide a

Dependant’s Scheme Pension and secure that pension by purchasing an annuity from the

Assurance Company on such terms that meet the conditions set out in paragraph 16 of


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(3) Where part of the Fund is to be applied to secure a pension under paragraph (c) of section (2) of

Rule 4C or 4D, the Dependant, Nominee or Dependent Child (or the person with parental

responsibility for them) may direct the Trustee to secure their pension by purchasing a

Dependant’s Annuity from an Insurer of the Dependant’s choice on such terms that meet the

conditions set out in paragraph 17 of Schedule 28 to the Finance Act 2004 (or a Nominee’s

Annuity from an Insurer of the Nominee’s choice on such terms that meet the conditions set out

in paragraph 27AA of Schedule 28 to the Finance Act 2004).

4B. Lump sum on Member’s death before his Fund has been applied to provide any retirement benefits

(1) Subject to section (3) of this Rule, if a Member dies before his Fund has been applied to provide

any retirement benefits in accordance with Rule 6A, there shall be payable out of the Fund one

or more Defined Benefits Lump Sum Death Benefits, Uncrystallised Funds Lump Sum Death

Benefits or, where the conditions set out in sub-paragraph (1A) of paragraph 18 of Schedule 29

to the Finance Act 2004 are satisfied, Charity Lump Sum Death Benefits of the amounts

specified in section (3) or section (6) of this Rule.

(2) The amount available to apply under this Rule shall be the sum of the payments made into the

Fund as a result of the Member's death, less the amounts which the Trustee requires to enable it

to secure any pensions payable under paragraphs (a) and (b) of section (2) of Rules 4C and 4D.

(3) Subject to section (6) of this Rule, the amount available for the payment of a Defined Benefits

Lump Sum Death Benefit or an Uncrystallised Funds Lump Sum Death Benefit shall be paid by

the Trustee to or applied by the Trustee for the benefit of such one or more of the Member's

beneficiaries and in such proportions as the Employer having absolute discretion may within

eighteen months of the Member's death in writing direct:

Provided that –

(i) where a Member had left Pensionable Service before his death, the

power conferred on the Employer by this section shall be exercisable by the Trustee;

(ii) where the Trustee does not receive a direction or any such direction does not deal with

the whole of any death benefit payable, the Trustee shall apply the remaining benefit to or

for the benefit of such one or more of the Member's beneficiaries and in such proportions

as the Trustee in its absolute discretion shall decide;

(iii) where a Member dies on or after his 75th birthday, any lump sum will be reduced by the

Special Lump Sum Death Benefits Charge;

(iv) where the beneficiary is a Dependant or a Dependent Child, they (or the person with

parental responsibility for them) direct the Trustee, within 30 days from the date that they

are advised that the sum is available, to apply all or part of their death benefit to secure a

pension for them under paragraph (c) of section (2) of Rule 4C or 4D or to set up a

Dependant’s Flexi-Access Drawdown Fund and then transfer that Fund under Rule 8B;

(v) where the beneficiary is a Nominee, they (or the person with parental responsibility for

them) may request the Trustee, within 30 days from the date that they are advised that the

sum is available, to apply all or part of their death benefit to set up a Nominee’s Flexi-

Access Drawdown Fund and then transfer that Fund under Rule 8B.

(4) In respect of a Member who dies before his 75th birthday, if by the day before the second

anniversary of the earlier to occur of –

(a) the day the Trustee first knew of the Member’s death; and

(b) the day on which the Trustee could first reasonably be expected to have known of the

Member's death;

the Trustee has an amount available under this Rule for which theTrustee -

(i) received a direction from the Employer in accordance with section (3) of this Rule (or has

exercised its discretion under proviso (ii) to section (3) of this Rule), but the Trustee has been

unable to pay that amount, the Trustee shall hold the unpaid benefit in a separate account

outside the Plan until the Trustee can pay the benefit to the beneficiary or beneficiaries already

selected; or

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(ii) has not received a direction from the Employer in accordance with section (3) of this Rule

(and the Trustee has been unable to exercise its discretion under proviso (ii) to section (3)

of this Rule), the Trustee shall, in such proportions as the Trustee shall decide, apply that

amount in securing a pension for one or more of the Member’s Dependants, Nominees or

Dependent Children payable in accordance with Rule 4C or Rule 4D or, if the Dependant,

Nominee or Dependent Child (or the person with parental responsibility for them) so

requests, in setting up a Dependant’s Flexi-Access Drawdown Fund or Nominee’s Flexi-

Access Drawdown Fund and then transferring that Fund under Rule 8B. If the Trustee is

unable to secure pensions or set up Flexi-Access Drawdown Funds, the available amount

shall be used to meet the administrative expenses of the Plan.

(5) For the purposes of section (3) of this Rule a Member’s beneficiaries shall mean –

(a) the Member’s spouse or Civil Partner;

(b) the Member’s grandparents;

(c) the grandparents of the Member’s spouse or Civil Partner;

(d) all descendants of the Member’s grandparents and the grandparents of the Member’s

spouse or Civil Partner;

(e) any individual who, in the opinion of the Employer, was immediately prior to the Member’s

death –

(i) in receipt of any regular payment from the Member;

(ii) wholly or partly dependent on the Member for the ordinary necessaries of life or

because of physical or mental disability;

(iii) cohabiting with the Member as if they were married to one another (and whether

they are of the same or opposite sex) provided that their finances were

interdependent with those of the Member;

(f) any individual nominated by the Member as a potential beneficiary or who is entitled to

any interest in the Member’s estate under a testamentary disposition (such as a will); and

(g) the Member’s legal personal representatives;

and for the purposes of this Rule a relationship acquired by process of legal adoption shall be as

valid as a blood relationship.

(6) Where the Member has, in writing, nominated a charity and the conditions set out in

sub-paragraph (1A) of paragraph 18 of Schedule 29 to the Finance Act 2004 are satisfied, the

Trustee may in its absolute discretion pay some or all of the lump sum as a Charity Lump Sum

Death Benefit.

4C. Dependant's pension on Member’s death before his Fund has been applied to provide any retirement benefits


accordance with Rule 6A and is survived by a Dependant, there shall be payable to that

Dependant out of the Fund a pension of the amount specified in section (2) of this Rule:

Provided that a Dependant who is also one of the Member's Dependent Children shall not be

treated as a Dependant for the purposes of this Rule unless the Trustee is satisfied that he was,

at the date of the Member’s death, dependent on the Member because of physical or mental

impairment.

(2) The amount per annum of the Dependant's pension referred to in section (1) of this Rule shall be

the sum of -

(a) if the Member has died in Service before his Normal Retirement Date, the amount, if any,

specified in the Acceptance or the Special Rules as the pension payable to that

Dependant;

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(b) the amount of the pension, if any, arranged by the Trustee for that Dependant as a result

of a transfer of assets into the Fund pursuant to Rule 8A but not specified in an

Acceptance; and

(c) the amount of the pension, if any, which the Trustee has secured for that Dependant in

accordance with section (3) or (4) of Rule 4B.

(3) Subject to Rule 9A, a pension payable under this Rule shall be paid by monthly instalments, the

first instalment falling due on the day after the Member dies and the last instalment falling due

on the last due date before the Dependant dies.

4D. Children's pension on Member’s death before his Fund has been applied to provide any retirement benefits


accordance with Rule 6A, there shall be payable out of the Fund to or for the benefit of his

Dependent Children a pension equal to the sum of the amounts of the pensions secured on the

lives of his Dependent Children, the amount of pension on the life of any one child being

determined in accordance with section (2) of this Rule.

(2) The amount per annum of the pension on the life of any one child shall be the sum of -

(a) if the Member has died in Service before his Normal Retirement Date, the amount, if any,

specified in the Acceptance or the Special Rules as payable in the form of a pension on

the life of that child;

(b) the amount of the pension, if any, on the life of that child arranged by the Trustee as a

result of a transfer of assets into the Fund pursuant to Rule 8A but not specified in an

Acceptance; and

(c) the amount of the pension, if any, which the Trustee has secured for that child in

accordance with section (3) or (4) of Rule 4B.

(3) Subject to Rule 9A, the share of Dependant’s Scheme Pension payable to or for the benefit of

any one of the Member's Dependent Children shall be paid by monthly instalments, the first

instalment falling due on the day after the Member dies and the last instalment falling due on the

last due date before the earlier of -

(a) the day the child attains the age of 18 or such older age as may be specified in the

Acceptance or the Special Rules; and

(b) the day on which he ceases to be a Dependent Child.

(4) Subject to Rule 9A, where a Dependant Child who is a child of the Member exercises the option

under section (3) of Rule 4A, the Dependant’s Annuity shall be paid by monthly instalments, the

first instalment falling due on the day after the Member dies and the last instalment falling due

on the last due date before the day the child attains the age of 23.

5. Termination of Pensionable Service

(1) This Rule applies to a Member whose Pensionable Service terminates before Normal

Retirement Date without his becoming entitled to immediate retirement benefits under section

(3) of Rule 6A.

(2) Where a Member is temporarily absent from his employment in the Service or is seconded to

another employer while remaining resident in the United Kingdom with a definite expectation that

he will return to employment in the Service, unless the Employer otherwise decides, this Rule

shall not apply until a change of circumstances such that there is no longer a definite

expectation that the Member will return to employment in the Service:

Provided that -

(i) where the Member is receiving pay which will not continue beyond his Normal Retirement

Date under a sick pay or permanent health scheme, this section shall not apply;

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(ii) where a Member in Pensionable Service is on paid statutory leave in terms of Part VIII of

the Employment Rights Act 1996 or a ‘period of paid family leave’ as defined in Schedule

5 to the Social Security Act 1989, the Employer’s contributions to the Member’s Fund shall

continue to be payable during that period (subject to proviso (ii) to Rule 1C) but the

Member shall only be required to pay contributions based on the emoluments or statutory

pay actually paid to the Member during that period;

(iii) where a Member in Pensionable Service exercises a right to ordinary maternity leave,

ordinary adoption leave or ordinary paternity leave under Part VIII of the Employment

Rights Act 1996 and receives no emoluments or statutory pay from the Employer during

the period of his leave, the contributions to his Fund shall continue to be payable during

that period to the extent required by Part VIII of that Act;

(iv) where a Member is absent from work on statutory leave in terms of Part VIII of the

Employment Rights Act 1996, that Member’s Service shall not be deemed to terminate on

a date earlier than would be permitted under those provisions.

(3) Subject to section (4) of this Rule a Member to whom this Rule applies shall for the purposes of

Rules 6A to 7B inclusive be deemed to retire from the Service at his Normal Retirement Date but

not so that his Pensionable Service shall be deemed to be longer than it actually was.

(4) If before his Normal Retirement Date a Member to whom this Rule applies informs the Trustee

that he wishes all his retirement benefits to become payable at a date other than his Normal

Retirement Date, the Trustee may for the purposes of Rules 6A to 7B inclusive treat him as if he

had retired from the Service before or after his Normal Retirement Date as the case may be:

Provided that in relation to a Member -

(i) his benefits shall not be paid before his Normal Retirement Date if his Service has not

terminated, unless his Employer consents;

(ii) his benefits shall not be paid before the Normal Minimum Pension Age except on account

of Incapacity;

(iii) his benefits shall not be paid on account of Incapacity until the Trustee has received

satisfactory evidence of the Incapacity from a registered medical practitioner.

(5) Any benefit payable to or in respect of the Member as a result of the foregoing provisions of this

Rule applying to him shall, if the Member so directs, be secured with an Insurer of the Member's

choice; but the Trustee shall not be bound to comply with the Member's direction unless it

relates to (and the Insurer is willing to accept) all the benefits payable to or in respect of the

Member under this Rule.

(6) If at the date his Pensionable Service terminates -

(a) A Member, whose Pensionable Service began:

i. before 1 October 2015, has not been in service in respect of which contributions

for retirement benefits have been payable under the Plan for one or more periods

totalling at least two years; or

ii. on or after 1 October 2015, has not been in service in respect of which

contributions for retirement benefits have been payable under the Plan for one or

more periods totalling at least thirty days, and

(b) the Fund is derived from contributions paid by both the Employer and the Member and is

derived solely therefrom; and

(c) no assets in respect of him have been transferred into the Plan from another Registered

Pension Scheme;

then the Member may within six months from the date of termination of the Member's

Pensionable Service direct the Trustee that section (8) of this Rule is to apply.

(7) In reckoning periods of service for the purposes of section (6) of this Rule the Trustee shall

deem the following service to be service during which contributions for retirement benefits have

been payable under the Plan -

(a) where the Trustee has accepted a transfer of assets representing the interest of a

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Member in or derived from a retirement benefits scheme, the service which counted for

retirement benefits under that scheme; and

(b) where between any two periods of the Member's Pensionable Service there is a break

(not exceeding one month or because of pregnancy or confinement or a trade dispute)

which is required by regulations made under Chapter I of Part IV of the Pension Schemes

Act 1993 to be disregarded in determining the length of 'qualifying service' for the

purposes of section 71 of that Act, the earlier period to the extent that it was service

during which contributions for retirement benefits were payable under the Plan had the

Member been in the Service, but not in Pensionable Service, during the break.

(8) As soon as the Trustee has received a direction that this section is to apply in terms of

section (6) of this Rule, the Trustee shall realise the Fund and -

(a) repay to the Member his contributions with interest (or the total value of the Fund if that is

less); and

(b) repay to the Employer the balance of the Fund, if any;

and thereafter the Member shall cease to have a right to any benefits payable out of the Fund.

6A. Retirement

(1) Subject to section (4) of this Rule, on the retirement of a Member from the Service at his Normal

Retirement Date, the Trustee shall apply the Fund -

(a) in paying any Lifetime Allowance Charge;

(b) in paying to the Member a lump sum in accordance with Rule 6B;

(c) in securing for the Member a pension payable in accordance with Rule 6C and, if the

Member so requests and the Assurance Company or the Insurer is willing to accept such

a request, that pension will include either or both of the following death benefits –

(i) a pension payable to one or more of the Member’s Dependants or Nominees in

accordance with Rule 7A;

(ii) guaranteed payment of the Member’s pension for a specified period in

accordance with section (1) of Rule 7B or Annuity Protection Lump Sum Death

Benefit in accordance with section (2) of Rule 7B.

(2) Where part of a Fund is to be applied to secure a pension the Trustee shall secure that pension

by purchasing a Lifetime Annuity from the Assurance Company or, if the Member so directs,

from an Insurer of the Member's choice on such terms that meet the conditions set out in

paragraph 3 of Schedule 28 to the Finance Act 2004:

Provided that –

(i) the Trustee shall not be bound to comply with the Member's direction unless it relates to

(and the Insurer is willing to accept) all the annuities to be purchased under this Rule on

the application of the Fund;

(ii) if the Member requests, the Trustee may agree to provide the pension by means of a

Scheme Pension and, where the Trustee so agrees, the Trustee shall secure that pension

by purchasing an annuity from the Assurance Company on such terms that meet the

conditions set out in paragraph 2 of Schedule 28 to the Finance Act 2004;

(iii) if the Member requests and the Assurance Company agrees, the Trustee may leave the

appropriate part of the Fund invested with the Assurance Company as a Member’s Flexi-

Access Drawdown Fund, until the Member directs the Trustee to secure a pension in

terms of this section or to make a transfer under Rule 8B.

(3) If a Member who retires from the Service with the consent of his Employer before Normal

Retirement Date but on or after the Normal Minimum Pension Age, or who retires at any time

before Normal Retirement Date on account of Incapacity, informs the Trustee that he wishes his

retirement benefits to become payable on his retirement, the Trustee shall realise the Fund and

shall apply it in the same manner as in section (1) of this Rule:

Provided that his benefits shall not be paid on account of Incapacity until the Trustee has

received satisfactory evidence of the Incapacity from a registered medical practitioner.

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(4) Where a Member remains in the Service after his Normal Retirement Date, he may direct the

Trustee to apply the Fund in the same manner as in section (1) of this Rule (as though he was

retiring at his Normal Retirement Date) or direct the Trustee to leave the Fund invested with the

Assurance Company until the date he requests his benefits to commence to be paid and, on that

date, the Trustee shall apply the Fund in the same manner as in section (1) of this Rule:

Provided that if, by the Member’s 75th birthday, the Trustee has not applied the Fund then the

Trustee shall apply such part of the Fund as it requires to pay any Lifetime Allowance Charge.

6B. Lump sum on retirement

(1) Subject to the provisions of this Rule, on the day after his retirement from the Service, there

shall be payable to the Member out of the Fund a lump sum of the amount specified in

section (2) of this Rule.

(2) The Member shall specify the amount of the lump sum to be payable out of the Fund which

amount cannot exceed the total of -

(a) the Pension Commencement Lump Sum (taking account of any transitional provisions

under Schedule 36 to the Finance Act 2004) or the Uncrystallised Funds Pension Lump

Sum; and

(b) if the Member has not reached his 75th birthday, the Lifetime Allowance Excess Lump

Sum (from which a Lifetime Allowance Charge shall be payable).

6C. Pension on retirement

(1) On the retirement of the Member from the Service there shall be payable to him out of the Fund

a pension of the amount determined in accordance with the following section.

(2) The amount of the pension payable to the Member under this Rule shall be such amount as the

balance, if any, of the Fund, after applying paragraphs (a) and (b) of section (1) of Rule 6A, will

secure when applied by the Trustee in accordance with paragraph (c) of section (1) of Rule 6A.

(3) Subject to Rule 9A, the pension payable under this Rule shall be paid by monthly instalments,

the first instalment falling due on the day after the Member retires and the last instalment falling

due on the last due date before the Member dies.

7A. Pension on death after taking retirement benefits

(1) Where a Member has requested the Trustee under paragraph (c) of section (1) of Rule 6A to

provide a pension for a Dependant after his death, if on his death after taking retirement benefits

he is survived by the Dependant, there shall be payable to the Dependant a pension of the

amount determined in accordance with this Rule.

(2) Any request made by the Member under paragraph (c) of section (1) of Rule 6A shall specify the

name, address, sex and date of birth of that one or more of the Member’s Dependants or

Nominees to whom a pension is to be paid and the amount of pension to be provided (being

expressed as a fraction of, or an amount equal to, the Member’s pension).

(3) If the Trustee purchases a Lifetime Annuity for the Member under section (2) of Rule 6A, the

pension payable to the Dependant under this Rule shall be a Dependant’s Annuity that meets

the conditions set out in paragraph 17 of Schedule 28 to the Finance Act 2004 (or a Nominee’s

Annuity that meets the conditions set out in paragraph 27AA of that schedule); but, if the Trustee

agrees to the Member’s request under section (2) of Rule 6A and secures a Scheme Pension for

the Member, the pension payable to the Dependant under this Rule shall be a Dependant’s

Scheme Pension that meets the conditions set out in paragraph 16 of Schedule 28 to the

Finance Act 2004.

(4) Subject to Rule 9A, any pension payable under this Rule shall be paid by monthly instalments,

the first instalment falling due on the day after the day on which the Member dies and the last

instalment falling due on the last due date before the Dependant dies:

Provided that -

(i) where section (1) of Rule 7B applies and the Member has so agreed with the Trustee, the

first instalment of a pension provided under this Rule shall not fall due until one month

after the last instalment of the Member's pension falls due;

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(ii) where the Trustee is securing a Dependant’s Annuity for one of the Member's Dependent

Children, the Trustee shall do so on the basis that the last instalment of the pension shall

fall due on the last due date before he attains the age of 23 years unless the Trustee is

satisfied at that time that he suffers from a physical or mental impairment which makes it

unlikely that he will ever be able to maintain himself;

(iii) where the Trustee is securing a Dependant’s Scheme Pension for one of the Member's

Dependent Children, the Trustee may do so on the basis that the last instalment of the

pension shall fall due on the last due date before he attains the age of 23 years or at an

earlier specified age or event.

7B. Other death benefits

(1) Where the Trustee has, under paragraph (c) of section (1) of Rule 6A, secured a pension for the

Member with a guaranteed payment period and the Member dies after the first instalment of his

pension falls due but before the end of the guaranteed payment period, the Member’s pension

shall continue to be paid to the end of that period.

(2) Where the Trustee has, under paragraph (c) of section (1) of Rule 6A, secured a pension for the

Member with protection and, in terms of the annuity policy issued by the Assurance Company

or, as the case may be, the Insurer, is due such a benefit, an Annuity Protection Lump Sum

Death Benefit (less any Special Lump Sum Death Benefits Charge) shall be payable at the date

of the Member’s death that is of an amount agreed with the Member but which is no greater than

the protection limit set out in paragraph 16 of Schedule 29 to the Finance Act 2004:

Provided that the Trustee shall not agree to secure a pension with protection if the Member has

also requested guaranteed payment of his pension for a specified period in accordance with

section (1) of this Rule.

(3) Subject to section (5) of this Rule, if a Member dies with a Member’s Flexi-Access Drawdown

Fund, the Trustee shall apply that Member’s Flexi-Access Drawdown Fund to provide a Flexi-

Access Drawdown Fund Lump Sum Death Benefit (less any Special Lump Sum Death Benefits

Charge) but a beneficiary may exercise any of the options described in provisos (iv) and (v) to

section (3) of Rule 4B.

(4) Subject to section (5) of this Rule, any benefit payable under section (3) of this Rule shall be

paid to such one or more of the Member’s beneficiaries and in such proportions as the Trustee

in its absolute discretion shall select from the list of possible beneficiaries set out in section (5) of

Rule 4B.

(5) Where the Member has completed a nomination in favour of a charity and the conditions set out

in sub-paragraph (1) of paragraph 18 of Schedule 29 to the Finance Act 2004 are satisfied, the

Trustee may in its absolute discretion apply some or all of the Member’s Flexi-Access

Drawdown Pension Fund to provide a Charity Lump Sum Death Benefit.

8A. Transfer of assets into a Fund

(1) Where a Member has an interest in a Registered Pension Scheme, a Recognised Overseas

Pension Scheme or another form of pension arrangement, policy or scheme (hereinafter called

the “Transferring Scheme”) the Trustee may, at the request of the Member, accept from the

administrator, trustees, managers or insurance company (hereinafter called the “Managers”) of

the Transferring Scheme transfer of such assets as represent that interest and the interests, if

any, of the Member's Dependants or such part of those assets as the Managers of the

Transferring Scheme are empowered to transfer; and, if the Trustee does so, the Trustee shall

provide benefits in respect of the Member (hereinafter called the “Transfer Benefits”) which

shall be additional to the other benefits provided in respect of him. The amount of such Transfer

Benefits shall be arranged by the Trustee with the Member.

(2) Where the Trustee has accepted a transfer of assets in accordance with section (1) of this Rule

and the Managers of the Transferring Scheme have advised that some or all of the assets

transferred represent a Disqualifying Pension Credit, no Pension Commencement Lump Sum or

Uncrystallised Funds Pension Lump Sum shall be payable in respect of any part of the assets

transferred which represent that Disqualifying Pension Credit.

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(3) Where –

(a) the transfer of assets is from the Stanplan M2 scheme (the “Transferring Scheme”);

(b) the transfer payment is effected by the assignation to the Trustee of the assurance policy

or policies held by the Managers to secure all the benefits of the Members included within

the payment; and

(c) in the case of members with short service benefit under the Transferring Scheme, the

Managers of the Transferring Scheme have complied with the terms of regulation 12 of

the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991;

the Trustee may accept a transfer of assets from the Managers of the Transferring Scheme in

respect of any member or beneficiary of that scheme without receiving a request to do so from

that person and, if that person is not a Member of the Plan, that person shall be deemed to be a

Member for the purpose of providing Transfer Benefits under the Plan.

(4) Where a person has, in terms of section (3) of this Rule, been deemed to be a Member of the

Plan –

(a) their employer shall be deemed to be a Participating Employer of Stanplan A and the

employer and the Trustee shall be bound by the Special Rules and schedules of

contributions agreed with the Managers until those Special Rules and schedules are

replaced;

(b) their transfer payment shall continue to be applied to the policy or policies assigned by the

Managers to the Trustee and, if further contributions in respect of them are received by

the Trustee, those contributions shall be applied to that policy; and

(c) their Transfer Benefits shall be those benefits provided by the policy or policies assigned

by the Managers and, if such a Member dies on or before their Normal Retirement Date

and before the proceeds of that policy have been applied to provide their retirement

benefits, any return of their employer’s contributions shall be repaid to that employer.

8B. Transfer of assets to another scheme

(1) Subject to section (3) of this Rule and Rule 8D, where a Member (or a Dependant or Nominee

with a Dependant’s Flexi-Access Drawdown Fund or a Nominee’s Flexi-Access Drawdown

Fund) so requests in writing, the Trustee may make a Recognised Transfer to the administrator,

trustees or managers (hereinafter called the “Managers”) of a scheme which qualifies as a

Receiving Scheme such assets as represent the Member’s interest and the interests, if any, of

his Dependants (hereinafter called the “transfer payment”) and he shall cease to be a Member.

(2) To qualify as a Recognised Transfer for the purposes of section (1) of this Rule, the Receiving

Scheme must be a Registered Pension Scheme or a Qualifying Recognised Overseas Pension

Scheme and the transfer must satisfy the requirements of section 169 of the Finance Act 2004.

(3) Before making a transfer in accordance with section (1) of this Rule the Trustee shall -

(a) ascertain that the Receiving Scheme is one of the types of scheme described in section

(2) of this Rule;

(b) in respect of a transfer to a Receiving Scheme which is administered wholly or partly

outside the United Kingdom, comply with any requirements for such a transfer set out in

the Occupational Pension Schemes (Preservation of Benefits) Regulations 1991 where

those regulations apply to the transfer;

(c) if any part of the transfer payment represents a Disqualifying Pension Credit, advise the

Managers of the Receiving Scheme of the amount of that part; and

(d) if any part of the transfer payment represents a Member’s, Dependant’s or Nominee’s

Flexi-Access Drawdown Fund, advise the Managers of the Receiving Scheme of the

amount of that part and provide all the information the Receiving Scheme requires to

ensure that it can comply with the requirements set out in regulation 12 of the Registered

Pension Schemes (Transfer of Sums and Assets) Regulations 2006 (SI 2006/499) and in

the Registered Pension Schemes (Provision of Information) Regulations 2006

(SI 2006/567).

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8C. Transfer of assets to an Insurer

Subject to Rule 8D, where a Member so requests in writing before his benefits become payable,

the Trustee may apply such assets as represent the Member’s interest and the interests, if any,

of his Dependants to effect with an Insurer of the Member’s choice a policy or annuity contract of

the type described in section 153(8) of the Finance Act 2004 which satisfies the conditions

necessary for a discharge under sections 19 and 81 of the Pension Schemes Act 1993 and he

shall cease to be a Member.

8D. Option to have a cash equivalent applied

A Member (or Ex-Spouse Participant) who has a right to a cash equivalent under Chapter IV of

Part IV (or Chapter I of Part IVZA) of the Pension Schemes Act 1993 may exercise the option

conferred by that Chapter by making an application in writing to the Trustee requiring them to

exercise their powers under either or both of Rule 8B (or the Pension Sharing Rules) and Rule

8C, in any way or ways, compatible with the provisions of the appropriate Chapter of that Part,

that he chooses.

9A. Provisions affecting pensions payable

(1) If a Member requests the Trustee to pay a Trivial Commutation Lump Sum and satisfies the

Trustee that he meets the conditions for the payment of such a sum, the Trustee may agree to

pay such a sum to him either by applying his Fund to pay the lump sum or, if his pension is

already in payment, by paying a lump sum instead of the pension and, if the Trustee does so,

the Member and his Dependants shall cease to have any claim for benefits under the Plan.

(2) Where the Trustee is satisfied that the conditions set out in paragraph 20 of Schedule 29 to the

Finance Act 2004 for the payment of a Trivial Commutation Lump Sum Death Benefit are met,

the Trustee may pay such a benefit and the Dependant shall cease to have any claim for any

benefits under the Plan in respect of that Member.

(3) Where a pension is to be paid by monthly instalments, each instalment after the first shall fall

due on the day of a month which is designated by the same number as the day of the month on

which the first instalment fell due, and in any month which has no such day shall fall due on the

last day of that month.

(4) When a pension becomes payable under paragraph (c) of section (2) of Rule 4C or 4D or under

Rule 6C, the beneficiary may ask the Trustee for their pension to be paid on different terms from

those set out in section (3) of those rules. If those terms are available from the Assurance

Company (or the Insurer) and continue to allow the pension to satisfy the appropriate conditions

set out in Schedule 28 to the Finance Act 2004, the Trustee will inform the beneficiary of the

revised amount of pension payable and those terms will apply in place of the terms set out in

section (3) of those Rules and section (4) of Rule 7A as appropriate.

(5) If in the opinion of the Trustee it would be inconvenient or unduly costly to pay or continue

paying any pension in monthly instalments or a beneficiary so requests, the Trustee may

arrange with the beneficiary to substitute for that pension a pension of equal value payable

quarterly, half yearly or yearly.

(6) If, before benefits have become payable under the Plan to the Member, the Trustee has

received satisfactory evidence from a registered medical practitioner that the Member is

expected to live for less than one year, the Trustee may apply the Member’s Fund in paying a

Serious Ill-health Lump Sum to him and he shall cease to have any claim for benefits under the

Plan:

Provided that -

(i) no payment shall be made under this section unless all other conditions set out in

paragraph 4 of Schedule 29 to the Finance Act 2004 have been satisfied;

(ii) no payment shall be made under this section unless in the same circumstances the

Trustee is entitled to receive from the Assurance Company a lump sum of the same

amount;

(iii) if the Trustee or Scheme Administrator incurs a liability for the

Serious Ill-health Lump Sum Charge, the payment will be deducted from the Member’s

Fund.

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9B. Automatic adjustments in pensions payable

(1) Where an initial Application for Benefits so specifies, or the Member (or, if the pension is

payable under paragraph (c) of section (2) of Rule 4C or Rule 4D, the Dependant, Nominee or

the person with parental responsibility for a Dependent Child) so directs, the Trustee shall

secure a pension, or part thereof, which will –

(a) increase by a fixed percentage; or

(b) be adjusted in step with or in a manner related to the Index; or

(c) decrease in the circumstances allowed under regulations issued under

paragraph 3(2E) of Schedule 28 to the Finance Act 2004; or

(d) vary from time to time by reference to fluctuations in the value of, or the returns from,

particular investments:

Provided that –

(i) any pension, or part of a pension, that becomes payable before 6 April 2005 and is

attributable in terms of section 51 of the Pensions Act to payments, other than voluntary

contributions, in respect of employment carried out on or after 6 April 1997, shall increase

annually by at least the Relevant Percentage unless that pension is to increase by the

Appropriate Percentage or to increase in terms of paragraph (c) of this section;

(ii) any pension that becomes payable on or after 6 April 2005 under paragraph (a) or (b) of

section (2) of Rule 4C or 4D shall increase annually by the Relevant Percentage or by the

Appropriate Percentage or by at least 2.5% per annum compound;

(iii) the terms on which a pension may be adjusted under this section must allow the pension

to continue to meet the appropriate conditions set out in paragraphs 2, 3, 16 and 17 of


(2) The Trustee shall not be bound to comply with the Application or direction if at the time the Fund

is to be applied the Trustee is unable to secure the pension either by purchasing a Lifetime

Annuity on such terms that the liabilities undertaken by the Insurer correspond with the liabilities

of the Trustee in respect of that pension or by purchasing an annuity with the Assurance

Company on such terms that the liabilities undertaken by the Assurance Company correspond

with the liabilities of the Trustee in respect of a Scheme Pension.

(3) Where a pension or part of a pension is to be adjusted in payment in terms of this Rule, the

pension shall be adjusted on each anniversary of the day on which the first instalment falls due.

However, if the pension is to be adjusted in terms of paragraph (c) of section (1) of this Rule the

pension may be adjusted on any date.

(4) Where a pension or part of a pension is to be adjusted in line with the Index, the amount per

annum payable from each anniversary of the due date of the first instalment shall be calculated

by dividing the initial amount by the figure in that Index appropriate to the third month before that

in which the first instalment fell due and multiplying the amount so obtained by the

corresponding figure for the third month before that in which the relevant anniversary occurs:

Provided that, if the Application so specifies, or the Member (or if the pension is payable under

Rule 4C or Rule 4D, the Dependant, Nominee or the person with parental responsibility for a

Dependent Child) subsequently so agrees with the Trustee, any adjustment which would result

in a decrease in the annual amount of a pension shall be ignored.

(5) Where this Rule applies to a pension or part of a pension payable under Rule 7A, the pension

shall be altered at the due date of the first instalment to such amount as the Trustee considers to

be equitable having regard to the adjustments that would have been made to the pension had

the Member died on the earliest date which could have given rise to the pension.

(6) Where the amount of pension under Rule 4D is determined by reference to another pension, it

shall not be adjusted by reference to this Rule but shall be adjusted in step with that other

pension.

(7) If the Index ceases to be in existence, any pension in course of payment shall be adjusted in

accordance with the terms of the annuity policy issued by the Assurance Company or, as the

case may be, the Insurer.

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(8) Where a pension or part of a pension is to be adjusted in terms of paragraphs (c) or (d) of

section (1) of this Rule the Trustee shall not be responsible for –

(a) the level of increases or decreases in the amount of the annuity once it is in payment; or

(b) any alterations to the annuity once it is in payment.

10. Transitional rights

Subject to the requirements of the Pensions Legislation, nothing in these Rules shall prevent the

Trustee giving effect to any transitional provisions and savings permitted under Schedule 36 to

the Finance Act 2004 or under regulations made under section 283 of that Act.

11. Miscellaneous provisions

(1) Benefits non-assignable. Except where permitted both in terms of sections 91 to 93 of the

Pensions Act and in terms of the Rules or Pension Sharing Rules, no person having a beneficial

interest in a Fund shall assign, commute, surrender or charge that interest or any part of it nor

can such interest be forfeited or a lien or set-off be exercised in respect of it. Where a person

having a beneficial interest in a Fund agrees to a transaction or purported transaction which

under section 91(1) of the Pensions Act is of no effect, the Trustee shall apply any moneys to

which the person would otherwise have been or become entitled for the maintenance or

otherwise for the support or benefit of that person or pay the moneys to any other person to

which such a payment can be made in terms of section 92(3) of the Pensions Act as the Trustee

in its absolute discretion thinks fit, but in no circumstances shall any payment be made to a

purported assignee.

(2) Benefits secured with an Insurer of the Member’s, Dependant’s or Nominee’s choice.

Where an annuity payable out of a Fund is secured with an Insurer of the Member’s,

Dependant’s or Nominee’s choice in terms of section (3) of Rule 4A, section (5) of Rule 5 or

section (2) of Rule 6A, the Trustee may at any time thereafter make over the annuity to the

beneficiary in accordance with Rule 12C.

(3) Incapacity of beneficiary. If any person to whom a benefit is payable under the Plan is a minor

or suffers from any incapacity rendering him in the opinion of the Trustee unable to manage his

affairs or is in an institution or in legal custody, the Trustee may at its discretion pay the benefit

in whole or in part to any of the guardians, relatives or Dependants of that person or of his

Dependants or to the institution, and the receipt of the persons paid shall be a complete

discharge to the Trustee for the benefit or part thereof so paid.

(4) Bankruptcy of beneficiary. If, before 6 April 2002, any person to whom a benefit is payable

under the Plan became bankrupt or, in Scotland, his estate was sequestrated, the Trustee may

at its discretion pay the benefit in whole or in part to or for the benefit of the beneficiary or to any

other person to which such a payment can be made in terms of section 92(3) of the

Pensions Act.

(5) Recovery of excessive contributions. Where a court makes an order under section 342A of

the Insolvency Act 1986 or section 36A of the Bankruptcy (Scotland) Act 1985 for the recovery

of excessive pension contributions paid by, or in respect of, a Member of the Plan, the Trustee

shall, to the extent to which it is required to do so, comply with the terms of that order.

(6) Charge on benefits. Subject to section 91 of the Pensions Act, all benefits payable or

prospectively payable to a beneficiary under the Plan shall stand charged with and be subject to

reduction on account of a monetary obligation due to the Plan by the beneficiary and arising out

of a criminal, negligent or fraudulent act or omission by the beneficiary, or out of a payment

made in error in respect of a pension. Where the beneficiary disputes the liability, the Trustee

shall not exercise the charge unless the obligation has become enforceable under an order of a

competent court or the award of an arbitrator or, in Scotland, an arbiter to be appointed

(following agreement between the parties) by the sheriff. The amount of the charge must not

exceed the amount of the monetary obligation or, if less, the value of the said benefits as

determined by an actuary in the manner prescribed under section 91(6) of the Pensions Act and

the Trustee shall give the beneficiary a certificate showing the amount of the charge and its

effect on the said benefits.

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(7) Liability for duties and taxes. Where in consequence of making a payment under the Plan the

Trustee or the Scheme Administrator could incur a liability for a duty or tax (including any tax for

which the Trustee or Scheme Administrator may be liable under Part 4 of the Finance Act 2004),

the Trustee or Scheme Administrator may deduct the amount of the duty or tax from the

payment; and where a payment is made without such a deduction the payee shall be obliged to

repay the amount of the duty or tax if within six months of making the payment the Trustee or

Scheme Administrator so demands.

(8) Liability for the Annual Allowance Charge. If the Scheme Administrator receives a notice

from the member in accordance with section 237B of the Finance Act 2004, specifying an

amount of the annual allowance charge (as defined in section 227 of the Finance Act 2004) for

which the Member and the Scheme Administrator are to be jointly and severally liable (the joint

liability amount’), the Scheme Administrator will, to the extent that it is required to comply with

the notice, deduct such amount from the Member’s Fund as is required to pay that joint liability

amount to HMRC.

(9) Evidence and Information. The Trustee may require any Member or beneficiary under the

Plan to produce such evidence and information of a personal nature as the Trustee may from

time to time reasonably require for the purposes of the Plan. If such evidence or information is

not produced the Trustee may withhold any benefit in relation to which the evidence or

information was required until such time as it is produced, and where the information relates to

the payment of retirement benefits on his Normal Retirement Date, the Member shall be deemed

to have informed the Trustee that he wishes the payment of all his retirement benefits to be

deferred.

(10) Evidence of health. The Trustee may require any person on whose death in Service a benefit

may become payable to produce such evidence of health or to satisfy such requirements as the

Trustee deems necessary and if that evidence is not produced or if the evidence produced is not

satisfactory to the Trustee, or if the requirements are not satisfied, the amount of benefit in

respect of which the evidence was required or the requirements had to be satisfied shall not be

payable or shall be payable subject to such special terms and conditions as the Trustee may

decide.

(11) War and National Service. In as much as the Assurance Company may under the terms of the

policies effected or to be effected by the Trustee for the purpose of providing the benefits

payable on the death of a Member in the Service impose restrictions on the amount of any

benefit payable on death as a result of war or while the Member is on National Service, the

Trustee's liability under the Plan in such circumstances shall not exceed the amounts, if any,

payable by the Assurance Company under the policies.

(12) Payments to a former wife, husband or Civil Partner. Where the Trustee is required in terms

of an order made under the Matrimonial Causes Act 1973, the Family Law (Scotland) Act 1985

or the Civil Partnership Act 2004 to pay the whole or part of a benefit that has become payable

under the Plan to the former wife, husband or Civil Partner of a Member, the Trustee shall, to the

extent to which it is required to do so, comply with the terms of that order.

(13) Conversion to sterling. All benefits and contributions under the Plan shall be payable in

sterling; and if a Member's emoluments are payable in another currency, then for the purpose of

determining their amount on any date at which a calculation of his emoluments is to be made for

the purposes of the Plan they shall be converted into sterling at the rate of exchange obtainable

by the Trustee at the Edinburgh branch of HSBC at that date.

(14) Interest on contributions. Where there is to be a return of a Member’s contributions with

interest, the amount of interest shall be the interest paid by the Assurance Company to the

Trustee in respect of those contributions.

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12A. Reduction or suspension of contributions

(1) A Participating Employer may suspend its contributions to a Fund in whole or in part after

consulting the Trustee and, where it is required do so under regulations made under section 259

of the Pensions Act 2004, any affected member (as defined in those regulations), but any

contributions due before the suspension is intimated in writing to the Member by the Employer or

the Trustee are unaffected; and subject to section (3) of this Rule the Employer may resume full

contributions after giving notice to the Trustee:

Provided that, unless the Member consents in writing, this section shall not apply to

contributions contracted to be paid as a result of an Application for Benefits made before

6 November 1984.

(2) For any period that an Employer's contributions to a Fund are wholly suspended the Member

shall not pay any contributions in relation to the Member's employment with that Employer

unless the Trustee otherwise agrees.

(3) If the Participating Employer has suspended its contributions under section (1) of this Rule for a

period of more than three years the Trustee may, after giving notice in writing to the Participating

Employer and the Member, treat the suspension as a termination of contributions and the

provisions of section (4) of Rule 12B shall apply.

(4) A Member may suspend his contributions to a Fund in whole or in part but, except where those

contributions are voluntary contributions, he may do so only with the consent of the Employer.

12B. Employer ceasing to contribute

(1) A Participating Employer may after consulting, where it is required to do so under regulations

made under section 259 of the Pensions Act 2004, any affected member (as defined in those

regulations) terminate its contributions on a date agreed with the Trustee and intimated in writing

to the Member by the Employer or the Trustee.

(2) When the Employer is to be wound up it shall terminate the contributions to the Plan at a date to

be determined by the Employer after consulting the Trustee but not later than one year after the

commencement of the winding up.

(3) If on the thirtieth day after the day on which a contribution is due that contribution has not been

paid then the Trustee may inform the Employer in writing that no more contributions are to be

payable in respect of the Member after a date to be specified by the Trustee.

(4) Where the contributions of the Employer are terminated in accordance with this Rule, then

without prejudice to any action which the Trustee may wish to take to enforce payment of

contributions due before the date of termination and unless the Member's Service terminates

beforehand, the Member's Service shall for the purposes of the Plan be deemed to terminate

when the Employer's contributions are terminated or, if later, when the period for which the

Employer's contributions have been paid expires.

12C. Termination of Funds

(1) Subject to the provisions of this Rule at any time after all the Employers contributing to a Fund

have ceased to contribute to that Fund the Trustee may dispose of the Fund by effecting with

the Assurance Company or, if the Member so directs, with an Insurer of the Member's choice,

individual policies or annuity bonds securing the benefits which are or may become payable

under the Plan to the Member and his Dependants and by making over to the beneficiary or to

trustees for him the policies or annuity bonds by which his benefits have been secured. When

the Trustee has made over the policies or annuity bonds, the Trustee shall be discharged from

its liabilities to the Member and his Dependants without the necessity of written discharges.

(2) As an alternative to effecting an individual policy or annuity bond, the Trustee may transfer the

benefit of its rights under an existing group policy in respect of the Member and his Dependants

to that Member. When the Trustee has made over the benefit of its rights under the existing

group policy, the Trustee shall be discharged from its liabilities to the Member and his

Dependants without the necessity of written discharges.

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(3) Before conferring any rights on a beneficiary in accordance with section (1) or (2) of this Rule

the Trustee shall ensure -

(a) that the policy or annuity bond or document of title by which the benefits are secured

contains provisions prohibiting its assignment or surrender except that, where the Member

is entitled to short service benefit (as defined in section 71 of the Pension Schemes

Act 1993), the Member must be able to assign or surrender the policy, annuity bond or

rights within the terms permitted by regulations made under section 19 of that Act; and

(b) that the rights to be conferred on the beneficiary (which may include rights formerly vested

in the Trustee) will be on terms which are consistent with the terms which applied under

the Plan to his benefits at the date of termination.

(4) Where the conditions set out in paragraph 10 of Schedule 29 to the Finance Act 2004 are met,

the Trustee may dispose of the Fund by paying a Winding-up Lump Sum instead of disposing of

the Fund in terms of section (1) or (2) of this Rule and, where the conditions set out in paragraph

20 of Schedule 29 to the Finance Act 2004 are met, the Trustee may dispose of all or part of the

Fund by paying a Trivial Commutation Lump Sum Death Benefit instead of making over a policy

or annuity contract to the Dependant in terms of section (1) or (2) of this Rule.

(5) Where the Trustee determines to wind up the Plan, all the Employers shall cease to contribute to

the Plan and the Trustee shall dispose of each Fund in terms of this Rule. When the Trustee has

disposed of all the assets of the Funds in accordance with this Rule, the Plan shall be

terminated and the Trustee shall be discharged from the trusts of the Plan without the necessity

of written discharges.

13. Pension Sharing on divorce

Provision of Information and Charges

(1) The Trustee shall comply with the requirements of any regulations made in terms of

section 23(1) of the Welfare Reform Act on the supply of information in connection with a divorce

or the dissolution of a Civil Partnership.

(2) The Trustee shall be entitled, where permitted under sections 23, 24 or 41 of the Welfare

Reform Act, to make a charge for:

(a) any information provided under section 23;

(b) complying with any Pension Sharing Order or earmarking order specified in section 24; or

(c) any pension sharing activity prescribed under the regulations made in terms of section 41.

The Trustee shall determine how such charges should be recovered (including requiring the

payment of those charges before implementing a Pension Sharing Order) but must comply with

any requirements for recovery contained in the regulations made under those sections.

Discharge of a Pension Sharing Order

(3) The Trustee shall discharge its liability in respect of a Pension Credit in accordance with

paragraph 1 of Schedule 5 to the Welfare Reform Act by:

(a) transferring the amount of the Pension Credit to a qualifying arrangement within the

meaning of paragraph 6 of that Schedule; or

(b) conferring appropriate rights within the meaning of paragraph 5 of that Schedule under

the Plan.

(4) Where the Trustee determines or is required to allow the Ex-Spouse to become an Ex-Spouse

Participant, the Trustee may deem the Ex-Spouse to be a Member for such of the Rules as are

necessary to enable the Trustee to provide the Pension Credit Benefit and satisfy the

requirements of Chapter I of Part IVA of the Pension Schemes Act 1993. The Ex-Spouse

Participant may select a date no earlier than his 60th birthday and no later than his 65

th birthday

to be his Normal Benefit Age. If the Ex-Spouse Participant does not select a Normal Benefit

Age, the Trustee shall set that age.

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Assignment

(5) Section (1) of Rule 11 is amended to permit the assignment of part or all of the Member’s

retirement benefits or rights to benefits under the Plan to his Ex-Spouse to the extent necessary

to comply with the Pension Sharing Order, agreement or equivalent provision or the assignment

of part or all of the Ex-Spouse Participant’s benefits or rights to benefits under the Plan to his

Ex-Spouse to the extent necessary to comply with a Pension Sharing Order, agreement or

equivalent provision.

Pension Credit Benefits

(6) The Trustee must make provision for the Pension Credit Benefits under the Plan to be treated as

provided separately from any benefits provided under the Plan for the same individual as an

employee or as the Dependant of an employee.

(7) Where the Ex-Spouse Participant does not have a Member’s Fund under the Plan, the Trustee

will use the Pension Credit Rights to provide benefits in accordance with the Rules -

(a) as if any reference to a Member were a reference to the Ex-Spouse Participant,

(b) as if any reference to a Fund were a reference to the Pension Credit Rights, and

(c) on the basis that the Member had left Service.

Where the Ex-Spouse Participant also has a Member’s Fund, the Trustee will use the Pension

Credit Rights to provide benefits at the same time as, and in accordance with the same Rules

under which, the Member’s Fund is applied to provide benefits.

No Pension Commencement Lump Sum or Uncrystallised Funds Pension Lump Sum may be

paid in respect of any part of a Pension Credit that is a Disqualifying Pension Credit.

Receiving a transfer payment that includes Pension Credit Rights

(8) Where the Trustee accepts a transfer payment for an individual who is already a Member of the

Plan or is already an Ex-Spouse Participant in the Plan and is informed by the transferer that the

transfer value consists wholly or partly of Pension Credit Rights in the former scheme or

arrangement, then the Trustee must separately identify the transfer payment relating to the

Pension Credit Rights or the part of the transfer payment relating to the Pension Credit Rights

from other funds held for the benefit of the Member. Furthermore the Trustee must comply with

the requirements of section (6) of this Rule in respect of the transferred-in Pension Credit Rights.

Then the individual will acquire the status of an Ex-Spouse Participant in the Plan in relation to

his transferred-in Pension Credit Benefits.

Death of an Ex-Spouse before the discharge of a Pension Sharing Order

(9) Where the Ex-Spouse dies after a Pension Sharing Order, agreement or equivalent provision is

made but before it is acted upon, the Trustee will use the fund which would have provided the

Pension Credit Rights to provide benefits in accordance with Rules 4A to 4D -

(a) as if any reference to a Member were a reference to the Ex-Spouse,

(b) as if any reference to a Fund were a reference to the Pension Credit Rights, and

(c) on the basis that the Member had left Service before he died.

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Standard Life Assurance Limited is the provider of Stanplan A.

Standard Life Assurance Limited is registered in Scotland (SC286833) at Standard Life House, 30 Lothian Road, Edinburgh

EH1 2DH.

Standard Life Assurance Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct

Authority and the Prudential Regulation Authority.

www.standardlife.co.uk

Standard Life Master Trust Co. Ltd. is trustee and scheme administrator of Stanplan A.

Standard Life Master Trust Co. Ltd. is registered in England (09497864) at 1 Wythall Green Way, Wythall, Birmingham,

B47 6WG.

Standard Life Assurance Limited and Standard Life Master Trust Co. Ltd. are part of the Phoenix Group and use the Standard Life brand under licence from the Standard Life Aberdeen Group.

PEN236 0119 © 2019 Standard Life Aberdeen, reproduced under licence. All rights reserved.

http://www.standardlife.co.uk/

declaration of trust and general rules

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