Article 8 Rights to take benefit before normal minimum pension age
For the purposes of paragraph 22 of Schedule 36 M1 (rights to take benefit before normal minimum pension age), and in relation to the employee, the new pension scheme is a protected pension scheme.
The employee has the right to retire at the age specified in paragraph (3) or (4), whichever is the greater.
The age specified in this paragraph is the age at which—
immediately before the transfer, the employee had the right to retire under the original pension scheme (in a case where article 5 applies), or
immediately before the final transfer, the employee had the right to retire under the original pension scheme (in a case where article 6 applies).
The age specified in this paragraph is the age at which, on 6th April 2006, the employee has the right to retire under the new pension scheme.
Annotations
Marginal citations
- M1
Paragraph 22 of Schedule 36 was amended by sub-paragraphs (4) to (7) of paragraph 54 and sub-paragraphs (2) to (4) of paragraph 55 of Schedule 10 to the Finance Act 2005 (c. 7) with effect from 6th April 2006.