# The Pension Protection Fund (Compensation) Regulations 2005, Regulation 10: Special provision in relation to pensions in payment following early retirement

Extent: E+W+S

(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; and
(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.

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Source: https://www.legislation.gov.uk/uksi/2005/670/regulation/10 (the official version)
Page: https://openlegislation.uk/pension-protection-fund-compensation-regulations-2005/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.