Regulation J2 Limits on allocation of pension

A member may not allocate more than one–third of his pension to provide a pension on his death for a spouse F1, a civil partner or a dependant and must keep a pension at least equal to his guaranteed minimum pension.

A member may not allocate so much pension as to provide a bigger dependent’s pension F2, spouse’s pension or civil partner’s pension under regulation J1 than the pension he has kept for himself.

The part of a member’s pension that is allocated must be an exact number of pounds and must be sufficient to provide a pension for the dependent F3, spouse or civil partner of at least £260 a year or, if greater, of the minimum amount that cannot be treated as trivial for the purposes of regulation T7 (commutation of trivial pensions).

If a member elects to allocate part of his pension in the circumstances described in regulation J1(4)(b) or (c) and then dies before his pension under F4this Section of the scheme becomes payable the member will be treated, for the purposes of paragraphs (1) to (3) above, as entitled to the pension he would have received if he had retired immediately before his death.