Regulation 87 Pension debits and reduction of benefitI1

Subject to paragraph (2), where a member’s shareable rights are subject to a pension debit, each benefit or future benefit–

is reduced by the appropriate percentage.

Where a pension debit relates to the shareable rights under the Scheme of a member who is in pensionable service under the Scheme on the transfer day, each benefit or future benefit–

is reduced by an amount equal to the appropriate percentage of the corresponding qualifying benefit.

A benefit is a qualifying benefit for the purposes of paragraphs (1) and (2) if the cash equivalent by reference to which the amount of the pension debit is determined includes an amount in respect of it.

In this Part^f1–

• “appropriate percentage”, in relation to a pension debit, means–

  1. (a)

     if the relevant order or provision specifies the percentage value to be transferred, that percentage;

  2. (b)

     if the relevant order or provision specifies an amount to be transferred, the percentage which the appropriate amount for the purposes of section 29(1) of the 1999 Act represents of the amount mentioned in subsection (3)(b) of that section;

• “relevant order or provision”, in relation to a pension debit, means the pension sharing order on which the debit depends;

• “transfer day” in relation to a pension debit, means the day on which the relevant order or provision takes effect.