Regulation 38 Closure and adjustment of pension accounts on transfer out or repayment of balance of contributionsI1
England and Wales
Except as otherwise provided in this regulation, the scheme manager must close all pension accounts relating to a member of this scheme if—
a transfer payment is made in respect of the member’s accrued rights under this scheme; or
all member contributions are refunded to the member under regulation 125 (refund of all member contributions and payments for added pension made by member).
Paragraph (1) does not require the scheme manager to close an account that includes amounts to which the transfer payment does not relate or is not attributable.
An account that is not closed because of paragraph (2) must be adjusted in such manner as the scheme manager considers appropriate to reflect the extinguishment of rights under this schemef1.
Paragraph (1)(a) does not require the scheme manager to close a pension credit member’s account if the transfer payment is made in respect of a member who is both—
a pension credit member of this scheme; and
an active member, deferred member or pensioner member of this scheme.
Annotations
Commencement
- I1
Reg. 38 in force at 1.4.2015, see reg. 1(2)
Footnotes
- f1
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Regulation 125 provides for extinguishment of rights following the refund of all member contributions and payments for added pension made by the member. Regulation 147 (effect of transfers-out) provides for extinguishment of rights following the making of a transfer payment.