Regulation 6 Valuation of protected liabilities
England, Wales and Scotland
Subject to regulation 7, in the case of protected liabilities M1 the value of a protected liability shall be—
for a section 143 F2determination or section 143 valuation, the estimated cost of securing scheme benefits calculated in accordance with F3Schedule 7 to the Act (pension compensation provisions) to the member by means of an annuity purchased at the F4best value rate available in the market as estimated by the Board at the relevant time;
for a section 179 valuation, the estimated cost of securing scheme benefits in accordance with any guidance issued by the Board in accordance with section 179(4) of the Act, for the member by means of an annuity purchased at the F5best value rate available in the market as estimated by the Board at the relevant time.
Where regulation 3(c) applies, the amount representing the value of a protected liability in respect of the benefits secured by a pre-6th April 1997 contract of insurance shall be excluded from the valuation of the eligible scheme’s protected liabilities.
Annotations
Textual amendments
- F1
Reg. 6(1): reg. 6 renumbered as reg. 6(1) (6.4.2007) by The Pension Protection Fund (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/782), regs. 1(1), 4(5)(a)
- F2
Words in reg. 6(1)(a) inserted (24.1.2013) by The Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2012 (S.I. 2012/3083), regs. 1(2)(b), 5(4) (with reg. 9(1)(e)(2), 10)
- F3
Words in reg. 6(a) substituted (1.4.2005) by The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993), regs. 1(1), 8(a)
- F4
Words in reg. 6(1)(a) substituted (30.4.2013) by The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/627), regs. 1(1), 4(3)
- F5
Words in reg. 6(1)(b) substituted (30.4.2013) by The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/627), regs. 1(1), 4(3)
- F6
Reg. 6(2) added (6.4.2007) by The Pension Protection Fund (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/782), regs. 1(1), 4(5)(b)
Marginal citations
- M1
The term “protected liabilities” is defined in section 131(1) (protected liabilities) of the Pensions Act 2004;