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Regulation 79 Rights to payment out of fund authority’s pension fundI1

England, Wales and Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A member may apply for a transfer under Chapter 4 or 5 (as modified by regulation 78) and where he does so the amount of any transfer payment due in respect of the member under the relevant Chapter may only be paid by the fund authority from its pension fund if the transfer payment is a recognised transfer (within the meaning of section 169 of the Finance Act 2004f1).

(2)

Where such a transfer payment is to be or has been paid from a fund, no other payment or transfer of assets may be made from the fund as respects the accrued rights covered by the transfer payment.

(3)

Paragraph (2) overrides anything to the contrary in—

(a)

the Former Regulations;

(b)

any local Act scheme;

(c)

the Earlier Regulations; or

(d)

any other provision of these Regulations, the Benefits Regulations or the Transitional Regulations.

Annotations

Commencement

I1

Reg. 79 in force at 1.4.2008, see reg. 1(1)

Footnotes

f1

2004 c.12.