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Regulation 7 Calculation and verification of rights under pension arrangements

England, Wales and Scotland

(1)

For the purposes of section 342B(4)(b) of the 1986 Act M1, the value of the individual’s (“the bankrupt’s”) rights under an approved pension arrangement, or of his excluded rights under an unapproved pension arrangement, shall be the cash equivalent of those rights as calculated and verified in accordance with paragraph (2) below.

(2)

In calculating and verifying the cash equivalent of the rights referred to in paragraph (1) above, regulation 3 of the Pensions on Divorce etc. (Provision of Information) Regulations 2000 M2 (information about pensions and divorce F1and dissolution of a civil partnership : valuation of pension benefits) shall have effect for the purposes of this regulation in like manner to that in which it has effect for the valuation of benefits in connection with the supply of information in connection with domestic and overseas divorce etc. F2and dissolution of a civil partnership in England, Wales and Northern Ireland for the purposes of those Regulations; and for these purposes “the date on which the request for the valuation was received” in that regulation shall be read as “the date on which the trustee in bankruptcy’s request for the valuation was received”.

Annotations

Textual amendments

F1

Words in reg. 7(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 2 para. 9(a) (with art. 3)

F2

Words in reg. 7(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 2 para. 9(b) (with art. 3)

Marginal citations

M1

Section 342B was substituted by section 15 of the 1999 Act.

M2

S.I. 2000/1048.