Paragraph 10 Initial payments

for paragraph 2, substitute—

“F1Interim pension

2

(1)

In this Schedule, “interim pension” means, subject to sub-paragraphs (2) and (3), the annual rate of pension that was in payment, is in payment, or is proposed to be paid, to a qualifying member, or to a survivor F2or surviving dependant of that qualifying member, from the assets of the qualifying pension scheme of which that qualifying member is, or was, a member—

(a)

on or after the time when the scheme began to wind up; but

(b)

before the day on which the scheme’s liabilities to or in respect of the qualifying member are, or were, discharged.

(2)

Where—

(a)

the annual rate of pension referred to in sub-paragraph (1)—

(i)

was or is in payment, and

(ii)

was determined following commutationF3, after the day on which the qualifying pension scheme began to be wound up, of some of the benefits deriving from the scheme to which that qualifying member is entitled,

that annual rate shall be redetermined on the basis that there was F4no such commutation; and

(b)

the annual rate of pension referred to in sub-paragraph (1) is proposed to be paid, that annual rate shall be determined on the basis that there has been no commutation of benefits F5after the day on which the scheme began to be wound up.

(3)

Where the scheme manager is satisfied that it is not possible for F6it to determine the annual rate of pension for the purposes of sub-paragraph (1) having regard to the information available to it, F7it shall determine the annual rate of pension on the basis of that portion of the assets of the qualifying pension scheme (of which the qualifying member is, or was, a member) provisionally allocated to the member by the trustees or managers, or survivor or surviving dependant of that member—

(a)

on or after the time when the scheme began to wind up; but

(b)

before the day on which the scheme’s liabilities in respect of the qualifying member are, or were, discharged,

and such other matters as the scheme manager considers relevant.”;

for “actual pension”, in each place, substitute “interim pension”;

for “F9regulation 17(2), (3) or (3C) or 17C” in each place, substitute “regulation 18(4)”;

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for “annual payment”, in each place that it occurs (except in paragraph 1(1)), substitute “initial payment”; and

in paragraph 5—