Regulation 3.F.8 Right to apply for acceptance of transfer value payment from another schemeF1
England and Wales
Subject to the provisions of this Chapter, an active member may apply for a transfer value payment in respect of some or all of the rights that have accrued to or in respect of him under any kind of scheme or arrangement to which paragraph (2) applies, other than a FSAVC, to be accepted by F2this Section of the Scheme.
a member who makes an application for a transfer value to be accepted by the Secretary of State in respect of his rights under a corresponding 2008 scheme may not also make an application for a transfer value to be accepted in respect of his rights under a corresponding 1995 scheme.
Paragraph (1) does not apply to rights that are directly attributable to a pension credit.
In this regulation “FSAVC” means—
a scheme which—
immediately before 6th April 2006 was approved by the Commissioners for Her Majesty’s Revenue and Customs by virtue of section 591(2)(h) of the Income and Corporation Taxes Act 1988f1 (free-standing AVC schemes), and
became a registered scheme for the F6purposes of the 2004 Act by virtue of Schedule 36 to that Act, or
a scheme established on or after that date as a registered free-standing AVC scheme.
In the case of a 2008 Section Optant, this regulation is subject to regulation 3.K.10.
Annotations
Textual amendments
- F1
Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
- F2
Words in reg. 3.F.8(1) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 1
- F3
Words in reg. 3.F.8(2)(a) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 73(a) (with reg. 93)
- F4
Reg. 3.F.8(2)(d)(e) substituted for reg. 3.F.8(2)(d) (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 73(b) (with reg. 93)
- F5
Reg. 3.F.8(2A) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 73(c) (with reg. 93)
- F6
Words in reg. 3.F.8(4)(a)(ii) substituted (with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6), 73(d) (with reg. 93)
- F7
Reg. 3.F.8(5) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 88
Footnotes
- f1