Jurisdiction(s):
United Kingdom

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Key definition

Subsisting rights definition

What does Subsisting rights mean? In pensions practice, subsisting rights are the benefits a member has already built up and any pensions or other benefits already being paid under the scheme rules at a given date. In Great Britain, the term is used and defined for statutory purposes in section 67 of the Pensions Act 1995 (as amended), with associated regulations. It encompasses accrued rights and benefits in payment determined by the scheme rules and the member’s circumstances at the effective date. Subsisting rights are central to scheme amendment work, bulk transfers without consent, benefit reshaping and closures to future accrual, and frequently arise in corporate...

Section 67 Pensions Act 1995: amending occupational pension schemes—subsisting rights, protected/detrimental/prohibited modifications, member consent or actuarial equivalence, trustee approval, reporting and Pensions Regulator enforcement

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Practice notes

THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL PENSION SCHEMES

The framework set out in sections 67–67I of the Pensions Act 1995 (PA 1995), often called the ‘Subsisting rights provisions’ or simply the ‘section 67 regime’, places statutory limits on what changes can be made to occupational pension schemes. Broadly, section 67 is intended to stop adverse changes to members’ accrued (Past service) benefits unless members agree. From 6 April 2006 (A‑day), section 262 of the Pensions Act 2004 revised the wording of the original section 67 (the ‘old s 67’). Following A‑day, the regime applies to ‘regulated modifications’ (see below), whereas the old s 67 covered any change that ‘would or might affect any entitlement, accrued right […] of any member acquired before’ the modification took effect. The old s 67 regime governed amendments made between 6 April 1997 and 5 April 2006. Prior to 6 April 1997, no section 67 regime existed and any protection against adverse alterations to scheme benefits (if any) derived solely from the scheme rules...

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Web page updated on 21/05/2026

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