Regulation 132 Interpretation of Part
England and Wales
In this Part—
“cash equivalent” means an amount calculated in accordance with regulations made under section 97 of the 1993 Act M1;
“club scheme” means a registered occupational pension scheme (other than a connected scheme) that has agreed to make and receive transfer value payments under the club transfer arrangements;
“club transfer” means a transfer value payment made pursuant to club transfer arrangements: and “non-club transfer” must be construed accordingly;
“club transfer arrangements” means arrangements approved by the scheme manager as providing reciprocal arrangements between this scheme and other registered occupational pension schemes for making and receiving transfer value payments;
“club transfer earned pension” means the pension attributable to the receipt of a club transfer value;
“club transfer value”, in relation to an amount of accrued earned pension under this scheme or under another club scheme, means an amount calculated by the scheme manager—
- (a)
in accordance with the club transfer arrangements; and
- (b)
by reference to the guidance and tables provided by the Government Actuary for this purpose and that are in use on the date used for the calculation;
- (a)
“guarantee date” has the meaning given by regulation 135(3);
“guaranteed cash equivalent”, in relation to accrued rights to benefits under this scheme, means the cash equivalent of those accrued rights as at the guarantee date, as specified in a statement of entitlement;
“personal pension scheme” means a personal pension scheme which—
- (a)
in the case of such a scheme established on, or after, 6th April 2006 is a registered pension scheme for the purposes of the 2004 Act and which the scheme manager agrees to recognise as a transferring scheme for the purposes of Part 7;
- (b)
in the case of a scheme established before that date, was—
- (i)
approved by the Commissioners for Her Majesty's Revenue and Customs for the purposes of Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 (personal pension schemes) M2; and
- (ii)
on the 6th April 2006 became a registered pension scheme for the purposes of the 2004 Act;
- (i)
- (a)
“registered occupational pension scheme” means registered under Chapter 2 of Part 4 of the 2004 Act M3;
“statement of entitlement”, in relation to a member's accrued rights to benefits under this scheme, means a statement by the scheme manager of the amount of the cash equivalent or club transfer value of those rights as at the guarantee date;
“transfer value”, in relation to accrued rights other than accrued earned pension which is the subject of a club transfer means—
- (a)
for accrued rights to benefits under this scheme, an amount equal to the guaranteed cash equivalent of those accrued rights; and
- (b)
for accrued rights under another pension scheme, an amount—
- (i)
determined by the scheme actuary of that scheme; and
- (ii)
specified in a statement of accrued rights provided by the scheme manager of that scheme;
- (i)
- (a)
“transfer value payment” means—
- (a)
the payment of a transfer value or club transfer value under this Part; or
- (b)
F1the payment of a transfer value under Chapter 1 of Part 4ZA of the 1993 Act.
- (a)
Annotations
Textual amendments
- F1
Words in reg. 132 substituted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 75 (with reg. 105)
Marginal citations
- M1
Section 97 has been amended by section 173 of, and paragraph 4 of Schedule 6 to, the Pensions Act 1995 (c.26) and section 56 of, and paragraph 8(1) of Schedule 5 to, the Child Support, Pensions and Social Security Act 2000 (c.19).
- M2
1988 c.1. Chapter 4 was repealed by sections 1322 and 1326 of, and paragraphs 1 and 25 of Schedule 1 and Part 1 of Schedule 3 to, the Corporation Tax Act 2009 (c.4). For transitional provisions and savings see section 1325(1) of and Parts 1 and 2 of Schedule 2 to, that Act.
- M3
Chapter 2 of Part 4 deals with registration of pension schemes for tax purposes.