PPRuNe Forums - View Single Post - NATS Pensions (Split from Pay 2009 thread)
Old 3rd Oct 2008, 15:36
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Data Dad
 
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Have followed the advice of radar707 and written to my MP - who also happens to be First Minister of Scotland....

The main point I made was does NATS have the right to change pension benefits for those of us who were members of CAAPS prior to PPP. As well as the Hansard quote by barstewards (Thanks for that ) I also quoted at length from the Transport Act 2000, which set out the PPP legislation. The relevant part is Section 96 which I reproduce here in its entirety: (My highlighting)

96 Civil Aviation Authority Pension Scheme

(1) The Secretary of State may by order make provision for the allocation of assets, rights, liabilities or obligations between different sections of the Civil Aviation Authority Pension Scheme.
(2) An order under this section may include provision for or in connection with—
(a) securing that the Scheme continues to be approved for the purposes of the relevant enactments;
(b) the amendment of the Scheme;
(c) the manner in which questions arising under the order are to be determined.
(3) The reference in subsection (2) to the amendment of the Scheme includes a reference to the amendment of—
(a) the trust deed of the Scheme;
(b) the rules of the Scheme;
(c) any other instrument relating to the constitution, management or operation of the Scheme.
(4) An order under this section may be made so as to have effect from a date falling before the making of the order.
(5) In making an order under this section the Secretary of State must secure that each person falling within subsection (6) is overall in materially at least as good a position, as respects pension arrangements, as a result of the order.
(6) A person falls within this subsection if—
(a) he is or has at any time been a contributing member of the Scheme, or
(b) he is or may become entitled to benefits in respect of a person falling within paragraph (a).
(7) A contributing member of the Scheme is a member who makes, and whose employer makes in respect of him, contributions under the Scheme.
(8) The relevant enactments are—
(a) Chapter I of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (retirement benefit schemes);
(b) Part III of the [1993 c. 48.] Pension Schemes Act 1993, so far as relating to occupational pension schemes.

Now I am no legal eagle but that reads as if the only person who can make changes to the scheme (Trust Deed/Rules/Constitution/Management/Operation) is the Secretary of State and even then, your material position must not be worse as a result of the change.

DD
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