Paragraph 11 Pension sharing

After Part V insert the following Part—

“PART VI

PENSION SHARING

CHAPTER I

SHARING OF RIGHTS UNDER THE SCHEME

Interpretation

146

References in this Part to a pension credit member are to that person in relation to his pension credit rights and not in relation to any other rights he may have under the Scheme.

Discharge of liability for pension credit rights

147

(1)

An administering authority may discharge their liability in respect of a pension credit in accordance with either sub-paragraph (2) or sub-paragraph (3) of paragraph 1 of Schedule 5 to the 1999 Act.

(2)

Where the appropriate administering authority discharges its liability by conferring pension credit rights on the person entitled to the pension credit, those rights shall be to—

(a)

a pension and a lump sum grant; and

(b)

a death grant.

(3)

But a pension credit member is not entitled to a lump sum grant if the transferor has been paid a retirement grant before the valuation date.

(4)

The pension at the valuation date shall be calculated—

(a)

by reference to the value of the pension credit member’s credit rights calculated in accordance with regulation 10 of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000^f1, and

(b)

in accordance with guidance issued by the Government Actuary.

Aggregation

148

(1)

Pension credit rights or pension credit benefits may not be aggregated with any other rights or benefits under the Scheme (including those attributable to a different pension credit).

(2)

Where a pension credit member is also an active member, he may not count any period which may count for any purpose as a period of membership in connection with his pension credit benefits towards the membership period required before he is entitled to any benefit which relates to his active membership.

Death of person entitled to a pension credit before discharge

149

(1)

Where a person entitled to a pension credit dies before liability in respect of his pension credit has been discharged in accordance with regulation 147(1), such liability shall be discharged by the appropriate administering authority by the payment of a lump sum.

(2)

The lump sum shall be equal to 3 times the annual rate of the pension that would have been paid to him if on the date of his death he had become entitled to a pension as a pension credit member, calculated in accordance with guidance issued by the Government Actuary.

(3)

The appropriate administering authority shall pay the lump sum to the deceased’s personal representatives.

Safeguarded rights

150

(1)

A pension credit member’s safeguarded rights for the purposes of the Scheme and of the Pension Schemes Act 1993^f2 and regulations made under that Act are such of his rights falling within section 68A(1)^f3 of that Act as represent the safeguarded percentage of the rights acquired by him in the Scheme by virtue of the pension credit.

(2)

The “safeguarded percentage” is the percentage of the shareable rights by reference to which the amount of the pension credit is determined which are contracted-out rights.

(3)

“Contracted-out rights” has the meaning given in section 68A(5) of the Pension Schemes Act 1993.

Valuation date

151

For the purposes of—

(a)

calculating the cash equivalent referred to in section 29(2) of the 1999 Act; and

(b)

regulation 147(3) and (4) and regulation 153(1),

the valuation date shall be the first day of the implementation period as defined in section 34(1) of that Act.

CHAPTER II

PENSION CREDIT MEMBERS AND PENSION CREDIT

Application of the Regulations to pension credit members

152

Part I (preliminary provisions), regulations 94 (interest on late payment of certain benefits), 95 (payments due in respect of deceased persons) and 96 (non-assignability) and Chapter IV (determinations, information and records) of Part IV (Administration) of these Regulations apply to a pension credit member.

Calculation

153

(1)

The annual rate of the pension at normal benefit age shall be the pension calculated as referred to in regulation 147(4), increased in accordance with the Pensions (Increase) Act 1971^f4 and the Pensions (Increase) Act 1974^f5 from the valuation date.

(2)

The lump sum grant shall be equal to 3 times the annual rate of the pension.

Payment of benefits

154

(1)

A pension credit member who attains normal benefit age is entitled to immediate payment of a pension and, if applicable, a lump sum grant.

(2)

The pension and the lump sum grant are payable from the pension credit member’s appropriate pension fund.

(3)

The pension is payable for life.

Death grants

155

(1)

When a pension credit member dies before he attains the age of 70, the appropriate administering authority shall pay a death grant.

(2)

The amount of the death grant of a pension credit member who dies before his normal benefit age is a lump sum equal to 3 times the annual rate of the pension that would have been paid to him if on the date of his death he had become entitled to a pension.

(3)

The amount of the death grant of a pension credit member who dies after he is in receipt of a pension under this Part is a lump sum equal to 5 times the annual rate of that pension being paid to him at the date of his death but reduced by the amounts of any retirement pension paid to him.

(4)

The appropriate administering authority at their absolute discretion may make payments of a death grant to or for the benefit of the pension credit member’s nominee or personal representatives, or any person appearing to the authority to have been his relative or dependant at any time.

(5)

If the appropriate administering authority have not made payments under paragraph (4) equalling in aggregate the pension credit member’s death grant before the expiry of the period of 2 years beginning with his death, they must pay an amount equal to the shortfall to the pension credit member’s personal representatives.

Commutation: small pensions

156

(1)

If the annual rate of the pension to which a pension credit member is entitled is—

(a)

not more than £195, if he has received a lump sum grant, or

(b)

otherwise, not more than £260,

the appropriate administering authority may pay him a lump sum representing the capital value of the pension.

(2)

If the pension credit member is entitled to more than one pension under the Scheme, a lump sum is only payable if the aggregate amount payable to that member is less than £195 or £260, as the case may be.

(3)

The capital value of a pension must be calculated as shown in guidance issued by the Government Actuary.

(4)

The payment of a lump sum in respect of a pension due to the pension credit member under this Part discharges the appropriate administering authority from their liability for it.

(5)

The appropriate administering authority must deduct from any payment under this regulation any tax to which they become chargeable under section 599 of the Taxes Act^f6.

Commutation: serious ill-health

157

(1)

In circumstances where a pension credit member is suffering from serious ill-health at any time prior to the date when he first becomes entitled to receive a pension under this Part, the whole of that pension may be commuted for a lump sum and the total of—

(a)

that lump sum, and

(b)

the lump sum grant (if applicable)

(“the commutation payment”) may be paid to the pension credit member.

(2)

The lump sum referred to in paragraph (1)(a) shall be equal to five times the annual rate of the pension to which the pension credit member would have been entitled if on the date of commutation he had reached the normal benefit age.

(3)

The lump sum grant shall be equal to three times that annual rate.

(4)

In this regulation, “serious ill-health” means ill-health which is such as to give rise to a life expectancy of less than one year from the date on which commutation of the pension is to take effect.

(5)

Before making any decision as to whether a pension credit member may be entitled under paragraph (1), the appropriate administering authority must have produced to them or obtain a certificate from an independent registered medical practitioner as to whether in his opinion the pension credit member suffers from serious ill-health.

(6)

Payment of the commutation payment discharges the authority’s liability to the pension credit member in respect of his pension credit benefits.

(7)

The authority must deduct from the commutation payment any tax to which they may become chargeable under section 599 of the Taxes Act.

Appropriate fund and appropriate administering authority

158

For a pension credit member—

(a)

the appropriate fund is the fund which is the appropriate fund for the transferor on the transfer date, and

(b)

his appropriate administering authority is the adminstering authority of that fund.

CHAPTER III

TRANSFERS

Transfers out

159

For the purposes of Chapter II of Part IVA^f7 of the Pension Schemes Act 1993 (requirements relating to pension credit benefits), the managers of the Scheme in relation to a pension credit member are his appropriate administering authority.

Transfers in

160

(1)

A pension credit member is not entitled to request his appropriate administering authority to accept a transfer value for relevant pension rights and an administering authority may not accept a transfer value of such rights where they have accrued to a pension credit member.

(2)

“Relevant pension rights” has the meaning given in regulation 121(2).

Changes of funds

161

No transfer of pension credit rights may be made from a pension credit member’s appropriate fund to another fund of the Scheme notwithstanding that that fund may be an appropriate fund for that member in respect of other rights he may have accrued under the Scheme.”