INCOME TAX Citation, commencement and effect 1 These Regulations may be cited as the Retirement Benefits Schemes (Continuation of Rights of Members of Approved Schemes) (Amendment) Regulations 1993 and shall come into force on 11th January 1994 but shall take effect as from 14th March 1989. Interpretation 2 In these Regulations “the principal Regulations ” means the Retirement Benefits Schemes (Continuation of Rights of Members of Approved Schemes) Regulations 1990 and “regulation” means a regulation of those Regulations. Amendments to the principal Regulations 3 In regulation 3(5)(a) after the words “posting to” there shall be inserted the words “a foreign branch of the employer or to”. 4 After regulation 6 there shall be inserted— Modification of paragraph 21 of the Schedule-further provision 6A 1 In the circumstances prescribed in paragraph (2) below, paragraph 21(1) of the Schedule shall be modified so as to substitute for the reference to the limitation of 15 per cent.of the employee’s remuneration for the year in respect of the employment a reference to a limitation of 15 per cent.of what would have been his remuneration for the year in respect of the employment if he had not been temporarily absent throughout, or at any time during, that year. 2 The circumstances prescribed in this paragraph are circumstances where the employee is temporarily absent throughout, or at any time during, a year of assessment and either— a is not paid any remuneration in respect of the employment for the period of absence, or b is paid a reduced amount of remuneration for that period. 3 In this regulation “temporarily absent” in relation to an employee means that the employee— a has a definite expectation that he will return to service in the employment, and b does not in the course of his absence become a member of— i an approved scheme of another employer who is not a relevant employer, or ii a retirement benefits scheme of another employer who is not a relevant employer, which at the time of his becoming a member was before the Board in order for them to decide whether to give approval for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988, or iii a personal pension scheme within the meaning of section 630 of the Income and Corporation Taxes Act 1988 other than a scheme which permits the acceptance only of minimum contributions paid as mentioned in section 638(6)(c) of that Act. 5 After regulation 7 there shall be inserted— Modification of paragraphs 23 and 24 of the Schedule 7A 1 In the circumstances prescribed in paragraph (2) below, paragraphs 23(2) and 24(2) of the Schedule shall be modified so as to substitute for the reference in each of those provisions to years of service a reference to years of service that would have been counted if the employee had remained in employment until his normal retirement date. 2 The circumstances prescribed in this paragraph are circumstances where the employee retires before his normal retirement date as a result of incapacity. 3 In this regulation— a “normal retirement date” means the date specified in the rules of the scheme as the date at which the employee will normally retire; b “incapacity” means physical or mental deterioration which is sufficiently serious to prevent an employee from following his normal employment or which seriously impairs his earning capacity. L. J. H. Beighton C. W. Corlett Two of the Commissioners of Inland Revenue 22nd December 1993