# The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008, Regulation 91: Disqualification as destination for pension credit

Extent: S
Status: prospective

(1) If a pension credit derives from a pension arrangement which is approved for the purposes of Part XIV of the Income and Corporation Taxes Act 1988, an arrangement is disqualified as a destination for the credit unless–
(a) it is also approved for those purposes; or
(b) it satisfies such requirements as the Secretary of State may prescribe by regulations made under paragraph 7(1)(b) of Schedule 5 to the 1999 Act (disqualification as destination for pension credit).
(2) If the rights by reference to which the amount of a pension credit is determined are or include contracted-out rights, an arrangement is disqualified as a destination for the credit unless–
(a) it is of a description prescribed by the Secretary of State by regulations made under paragraph 7(2)(a) of Schedule 5 to the 1999 Act; and
(b) it satisfies such requirements as the Secretary of State may so prescribe under paragraph 7(2)(b) of Schedule 5 of the 1999 Act.
(3) An occupational pension scheme is disqualified as a destination for a pension credit unless the rights to be acquired under the arrangement by the person entitled to the credit are rights whose value, when calculated in accordance with regulations made by the Secretary of State under paragraph 7(3) of Schedule 5 to the 1999 Act, equals the credit.
(4) An annuity contract or insurance policy is disqualified as a destination for a pension credit in such circumstances as the Secretary of State may prescribe by regulations made under paragraph 7(4) of Schedule 5 to the 1999 Act.
(5) The requirements which may be prescribed under sub-paragraph (1)(b) include, in particular, requirements of HM Revenue and Customs.
(6) In paragraph (2)–
“contracted-out rights” means such rights under, or derived from–
(a) an occupational pension scheme contracted-out by virtue of section 9(2) or (3) of the 1993 Act; or
(b) a personal pension scheme which is an appropriate scheme for the purposes of that Act,
as the Secretary of State may prescribe by regulations made under paragraph 7(6)(b) of Schedule 5 to the 1999 Act.

---
Source: https://www.legislation.gov.uk/ssi/2008/228/regulation/91 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-administration-scotland-regulations-2008/regulation-91
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.