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Article 32 Payment of benefits by the TrusteeF11I1

United Kingdom

(1)

Without prejudice to article 31, the Trustee may, in the circumstances set out in rules, use a member’s pension account in order to provide F1one or more of the benefits described in paragraph (2) (and only those benefits).

(2)

The benefits are—

F2(a)

where a member is alive—

(i)

the payment to the member of a lump sum;

(ii)

the payment to the member of a scheme pension;

(iii)

the purchase of a lifetime annuity policy in the name of the member;

(iv)

the payment to the member of a drawdown pension;

(b)

where a member has died–

(i)

the payment of a lump sum to a person nominated by the member or to the personal representatives of that member;

(ii)

the payment of a lump sum to any one or more F3persons to be determined by the Trustee in accordance with rules;

(iii)

the payment of a charity lump sum death benefit; F4...

(iv)

the purchase of a dependants’ annuity F5;

(v)

the payment of a dependants’ scheme pension;

(vi)

the payment of a drawdown pension to a dependant of the member, a nominee of the member, or a successor of the member.

F6(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In this article—

  • “charity lump sum death benefit” has the same meaning as in paragraph 18 of Schedule 29 to the Finance Act 2004f1; F7and

  • F8“dependants’ annuity” has the same meaning as in paragraph 17 of Schedule 28 to the Finance Act 2004f2;

  • “dependant of the member” has the same meaning as in paragraph 15 of Schedule 28 to the Finance Act 2004

  • “dependants’ scheme pension” has the same meaning as in paragraph 16 of Schedule 28 to the Finance Act 2004

  • “drawdown pension” has the same meaning as in paragraph 4 of Schedule 28 to the Finance Act 2004

  • “lifetime annuity” has the same meaning as in paragraph 3 of Schedule 28 to the Finance Act 2004f3; F9...

  • “nominee of the member” has the same meaning as in paragraph 27A of Schedule 28 to the Finance Act 2004

  • “scheme pension” has the same meaning as in paragraph 2 of Schedule 28 to the Finance Act 2004

  • “successor of the member” has the same meaning as in paragraph 27F of Schedule 28 to the Finance Act 2004

  • F10...

Annotations

Textual amendments

F1

Words in art. 32(1) inserted (29.4.2026) by The National Employment Savings Trust (Amendment) Order 2026 (S.I. 2026/449), arts. 1(1), 2(2)(a)

F2

Art. 32(2)(a) substituted (29.4.2026) by The National Employment Savings Trust (Amendment) Order 2026 (S.I. 2026/449), arts. 1(1), 2(2)(b)

F3

Words in art. 32(2)(b) substituted (1.4.2013) by The National Employment Savings Trust (Amendment) Order 2013 (S.I. 2013/597), arts. 1, 2(13)(a)

F4

Word in art. 32(2)(b) omitted (29.4.2026) by virtue of The National Employment Savings Trust (Amendment) Order 2026 (S.I. 2026/449), arts. 1(1), 2(2)(c)(i)

F5

Art. 32(2)(b)(v)(vi) inserted (29.4.2026) by The National Employment Savings Trust (Amendment) Order 2026 (S.I. 2026/449), arts. 1(1), 2(2)(c)(ii)

F6

Art. 32(3) omitted (1.4.2017) by virtue of The National Employment Savings Trust (Amendment) Order 2015 (S.I. 2015/178), arts. 1, 2(11)(b)

F7

Word in art. 32(4) inserted (1.4.2013) by The National Employment Savings Trust (Amendment) Order 2013 (S.I. 2013/597), arts. 1, 2(13)(b)(i)

F8

Words in art. 32(4) inserted and defn. of "dependants' annuity" moved (29.4.2026) by The National Employment Savings Trust (Amendment) Order 2026 (S.I. 2026/449), arts. 1(1), 2(2)(d)(ii)(i)

F9

Word in Art. 32(4) omitted (1.4.2013) by virtue of The National Employment Savings Trust (Amendment) Order 2013 (S.I. 2013/597), arts. 1, 2(13)(b)(ii)

F10

Words in Art. 32(4) omitted (1.4.2013) by virtue of The National Employment Savings Trust (Amendment) Order 2013 (S.I. 2013/597), arts. 1, 2(13)(b)(iii)

F11

Art. 32 heading substituted (1.4.2017) by The National Employment Savings Trust (Amendment) Order 2015 (S.I. 2015/178), arts. 1, 2(10)

Commencement

I1

Art. 32 in force at 5.7.2010, see art. 1(3)

Footnotes

f1

Paragraph 18 of Schedule 29 was amended by the Finance Act 2007 (c. 11), Schedule 19, paragraphs 1, 16(1) and (2).

f2

2004 c.12; paragraph 17 of Schedule 28 was amended by the Finance Act 2005 (c. 7), Schedule 10, paragraphs 1, 15(1) to (3) and 29(1) and (2).

f3

Paragraph 3 of Schedule 28 has been amended but not in a way material to this Order.