OpenLegislation

Regulation 75 Adjustment of allocated benefitI1

Scotland

(1)

The amount of allocated pension payable to the beneficiary of an allocation election may be adjusted in a manner determined by the scheme manager if—

(a)

the member who made the allocation election dies after reaching the age of 75; and

(b)

on the death of the member, the amount of allocated pension payable to the beneficiary does not qualify as a dependants’ scheme pension under section 167 (pension death benefit rules) of FA 2004f1.

(2)

In this regulation, “allocated pension” has the same meaning as that given in regulation 74(3) (effect of allocation).

Annotations

Commencement

I1

Reg. 75 in force at 1.4.2015, see reg. 1(2)

Footnotes

f1

Section 167 was amended by the Finance Act 2007 (c.11), Schedule 20, paragraph 22 and the Finance Act 2011 (c.11), Schedule 16, paragraph 11. See also Part 2 of Schedule 28 to that Act for the meaning of expressions used in section 167.

Notes on Chapter 6

Modifications

C1

Pt. 5 Ch. 6 applied (1.4.2015) by S.S.I. 2006/338, Sch. 1 Scheme Pt. 8 rule 2(3)(c) as substituted by The Firefighters’ Compensation Scheme and Pension Scheme (Amendment) (Scotland) Order 2015 (S.S.I. 2015/143), arts. 1(3), 9(b))

C2

Pt. 5 Ch. 6 applied (1.4.2015) by S.S.I. 2006/338, Sch. 1 Scheme Pt. 8 rule 2(4)(b)(ii) as substituted by The Firefighters’ Compensation Scheme and Pension Scheme (Amendment) (Scotland) Order 2015 (S.S.I. 2015/143), arts. 1(3), 9(c))