Regulation 10 Special provision in relation to pensions in payment following early retirement

England, Wales and Scotland

(1)

Where immediately before the assessment date—

(a)

a person is entitled to present payment of a pension under the scheme rules;

(b)

the scheme rules provide that the award of that pension is dependent on—

(i)

that person having attained early retirement age; and

(ii)

the consent of—

(aa)

the trustees or managers; or

(bb)

the employer; F1and

(c)

the effect of disregarding rules within paragraphs (a) and (b) of paragraph 35(2) of Schedule 7 to the Act (scheme rules, admissible rules etc) is that the person is not entitled to compensation under paragraph 3(2) by reason of the pension or a part of the pension,

paragraphs (2) and (3) shall apply.

(2)

Where in the opinion of the trustees or managers—

(a)

the trustees or managers; or

(b)

the employer,

would have consented to the award of a pension to that person under the admissible rules of the scheme prior to the assessment date, they must notify the Board in that respect.

(3)

Where the Board receives a notice under paragraph (2) that person shall be treated, for the purposes of the pension compensation provisions, as entitled, immediately before the assessment date, to present payment of a pension under the admissible rules.

Annotations

Textual amendments

F1: Word in reg. 10(1)(b)(ii)(bb) inserted (30.4.2013) by The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/627), regs. 1(1), 3(7)